Section 19. Re-admission of appeal dismissed for default

19. Re-admission of appeal dismissed for default. —Where an appeal is dismissed under rule 11, sub-rule (2) or rule 17[2] [*] the appellant may apply to the Appellate Court for the re-admission of the appeal; and, where it is proved that he was prevented by any sufficient cause from appearing when the appeal was, called on for hearing or from depositing the sum so required, the Court shall re-admit the appeal on such terms as to costs or otherwise as it thinks fit. — 20. Power to adjourn hearing and direct persons appearing interested to be made respondents. 3[(1)] Where it appears to the Court at the hearing that any person who was a party to the suit in the Court from whose decree the appeal is preferred, but who has not been made a party to the appeal, is interested in the result of the appeal, the Court may adjourn the hearing to a future day to be fixed by the Court and direct that such person be made a respondent. 1. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977). 2. The words "or rule 18" omitted by Act 46 of 1999, s. 31(w.e.f. 1-7-2002). 19. Verified copies.— (1) Where inspection of any business books is applied for, the Court may, if it thinks fit, instead of ordering inspection of the original books, order a copy of any entries therein to be furnished and verified by the affidavit of some person who has examined the copy with the original entries, and such affidavit shall state whether or not there are in the original book any and what erasures, interlineations or alterations: Provided that, notwithstanding that such copy has been supplied, the Court may order inspection of the book from which the copy was made. (2) Where on an application for an order for inspection privilege is claimed for any document, it shall be lawful for the Court to inspect the document for the purpose of deciding as to the validity of the claim of privilege[1] [unless the document relates to matters of State.] (3) The Court may, on the application of any party to suit at any time, and whether an affidavit of documents shall or shall not have already been ordered or made, make an order requiring any other party to state by affidavit whether any one or more specific documents, to be specified in the application, is or are, or has or have at any time been, in his possession or power; and, if not then in his possession, when he parted with the same and what has become thereof. Such application shall be made on an affidavit stating that in the belief of the deponent the party against whom the application is made has, or has at some time had in his possession or power the document or documents specified in the application, and that they relate to the matters in question in the suit, or to some of them. 20 . Premature discovery.— Where the party from whom discovery of any kind or inspection is sought objects to the same, or any part thereof, the Court may, if satisfied that the right to the discovery or inspection sought depends on the determination of any issue or question in dispute in the suit, or that for any other reason it is desirable that any issue or question in dispute in the suit should be determined before deciding upon the right to the discovery or inspection, order that such issue or question be determined first, and reserve the question as to the discovery or inspection. 19. Examination of serving officer. —Where a summons is returned under rule 17, the Court shall, if the return under that rule has not been verified by the affidavit of the serving officer, and may, if it has been so verified, examine the serving officer on oath, or cause him to be so examined by another Court, touching his proceedings, and may make such further enquiry in the matter as it thinks fit; and shall either declare that the summons has been duly served or order such service as it thinks fit. 19A. [ Simultaneous issue of summons for service by post in addition to personal service .] Omitted by the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999), s. 15 ( w.e.f . 1-7-2002). 19. No witness to be ordered to attend in person unless resident within certain limits.— No one shall be ordered to attend in person to give evidence unless he resides— (a) within the local limits of the Court's ordinary jurisdiction, or (b) without such limits but at a place less then[2] [one hundred] or (where there is railway or steamer communication or other established public conveyance for five-sixths of the distance between the place where he resides and the place where the Court is situate) less than[3] [five hundred kilometres] distance from the court-house: 4[Provided that where transport by air is available between the two places mentioned in this rule and the witness is paid the fare by air, he may be ordered to attend in person.] 1[ 19. Power to get statements recorded on commission.— Notwithstanding anything contained in these rules, the court may, instead of examining witnesses in open court, direct their statements to be recorded on commission under rule 4A of Order XXVI.] ORDER XIX Affidavits 19. Decree when set-off or counter-claim is allowed.— (1) Where the defendant has been allowed a set-off[1] [or counter-claim] against the claim of the plaintiff, the decree shall state what amount is due to the plaintiff and what amount is due to the defendant, and shall be for the recovery of any sum which appears to be due to either party. (2) Appeal from decree relating to set-off or counter-claim.— Any decree passed in a suit in which a set-off[1] [or counter-claim] is claimed shall be subject to the same provisions in respect of appeal to which it would have been subject if no set-off[1] [or counter-claim] had been claimed. (3) The provisions of this rule shall apply whether the set-off is admissible under rule 6 of Order VIII or otherwise. 19. Execution in case of cross-claims under same decree. —Where application is made to a Court for the execution of a decree under which two parties are entitled to recover sums of money from each other, then— (a) if the two sums are equal, satisfaction for both shall be entered upon the decree; and (b) if the two sums are unequal, execution may be taken out only by the party entitled to the larger sum and for so much only as remains after deducting the smaller sum, and satisfaction for the smaller sum shall be entered upon the decree. 19. Cases in which High Court may issue commission to examine witness .—(1) If a High Court is satisfied.— (a) that a foreign court situated in a foreign country wishes to obtain the evidence of a witness in any proceeding before it, (b) that the proceeding is of a civil nature, and (c) that the witness is residing within the limits of the High Court's appellate jurisdiction, it may, subject to the provisions of rule 20, issue a commission for the examination of such witness. (2) Evidence may be given of the matters specified in clauses (a) , (b) and (c) of sub-rule (1)— (a) by a certificate signed by the consular officer of the foreign country of the highest rank in India and transmitted to the High Court through the Central Government, or (b) by a letter of request issued by the foreign Court and transmitted to the High Court through the Central Government, or (c) by a letter of request issued by the foreign court and produced before the High Court by a party to the proceeding.