CPC section 2: Discovery by interrogatories

In force · As amended up to 2026-08

(2) The summons of the suit shall be in Form No. 4 in Appendix B or in such other Form as may, from time to time, be prescribed. 1. Ins. by Act 104 of 1976, s. 83. (w.e.f. 1-2-1977). 2. The words "On Negotiable Instruments" omitted by s. 84, ibid. (w.e.f. 1-2-1977). 3. Subs. by s. 84, ibid., for rule 1 (w.e.f. 1-2-1977). 4. Ins. by the Act 12 of 2012, s. 35 and Sch. (w.e.f. 1-2-1977). 5. Subs. by Act 104 of 1976, s. 84, for rule 2 (w.e.f. 1-2-1977). (5) Where any party to a suit is a corporation or a body of persons, whether incorporated or not, empowered by law to sue or be sued, whether in its own name or in the name of any officer of other person, any opposite party may apply for any order allowing him to deliver interrogatories to any member or officer of such corporation or body, and an order may be made accordingly. (9) An affidavit in answer to interrogatories shall be in the form provided in Form No. 3 in Appendix C to the Code of Civil Procedure, 1908, with such variations as circumstances may require. (11) Where any person interrogated omits to answer, or answers insufficiently, the party interrogating may apply to the court for an order requiring him to answer, or to answer further, as the case may be, and an order may be made requiring him to answer, or to answer further, either affidavit or by viva voce examination, as the court may direct. Upon hearing ........................ and upon reading the affidavit of ................. filed the ............... day of…………20……….; It is ordered that the………..be at liberty to deliver to the……………….. interrogatories in writing, and that the said……….do answer the interrogatories as prescribed by Order XI, rule 8, and that the costs of this application be………….. ==> picture [31 x 13] intentionally omitted <== ==> picture [91 x 13] intentionally omitted <== ==> picture [59 x 14] intentionally omitted <== (Title as in No. 1, supra) Interrogatories on behalf of the above-named [ Plaintiff or defendant C. D.] for the examination of the above-named [ defendants E.F. and G. H. or Plaintiff ] . 1. Did not, etc. (8) Interrogatories shall be answered by affidavit to be filed within ten days, or within such other time as the court may allow. (7) Any interrogatories may be set aside on the ground that they have been exhibited unreasonably or vexatiously, or struck out on the ground that they are prolix, oppressive, unnecessary or scandalous and any application for this purpose may be made within seven days after service of the interrogatories. (4) Interrogatories shall be in the form provided in Form No. 2 in Appendix C to the Code of Civil Procedure, 1908, with such variations as circumstances may require. (6) Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit, or that the matters required into are not sufficiently material at that stage, or on the ground of privilege or any other ground may be taken in the affidavit in answer. 2. The objection-and as it appears to us the only objection of substance—that can be urged against this proposal is that until the scheme of distribution has become familiar to those who have to administer the Act the change may cause some confusion and familiar numerical references to the present sections will no longer apply. We are sensible that some inconvenience must arise from this cause in the first instance, but this is but a small disadvantage in comparison with the advantages to be obtained by the change, and we cannot think that anyone will seriously contened that such a slight and temporary drawback should stand in the way of a reform which appears to us in other respects to be wholly beneficial. | presence.| presence.|||| |---|---|---|---|---| |(b) Signature of process-server.||||| |||or,||| |(3)|The said........................not being personally known to me accompanied me............to and pointed out to me a person whom he stated to be the said......., and I served the said..... summons|||| |||||notice| |on|him on the ......................day of...................20......., at about...............o'clock in the.......... her|||| |noon|at.....by tendering a copy thereof tohimand requiring||his signature to the original|summon| |(a)||her|her|notice| |(b)||||| |(a) Here state whether the person served signed or refused to sign the process, and in||||whose| |presence.||||| |(b) Signature of process-server.||||| or, (3) The said.............and the house in which he ordinarily resides being personally known to me, I went to the said house, in ................and thereon the .................day of ......................20………………… at about.......................o'clock in the...............noon, I did not find the said.................... (a) (b) (a) Enter fully and exactly the manner in which the process was served, with special reference to Order 5, rules 15 and 17. (b) Signature of process-server. or, (10) No exceptions shall be taken to any affidavit in answer, but the sufficiency or otherwise of any such affidavit objected to as insufficient shall be determined by the court. 12. Rules .—The distribution of the provisions of the Code between the body of the Bill and the Rules is a matter on which opinions may well differ. The general principle on which we have proceeded has been to keep in the body of the Bill those provisions which appear to us to be fundamental and those provisions which confer powers operating outside the Province in which the Court is situated. In some case we have adopted the plan of inserting leading provisions in the bill, stating in general terms the powers of the Court, and of leaving the details to Rules; The result this rearrangement is to reduce the Act, as distinct from Schedules, to 155 clauses. The existing order of sequence has, speaking generally, been maintained but the reduced bulk of the bill has rendered it no longer necessary to reproduce the division into Chapters. 2. In money suits. —Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount claimed : But where the plaintiff sues for mesne profits, or for an amount which will be found due to him on taking unsettled accounts between him and the defendant,[1] [or for movables in the possession of the defendant, or for debts of which the value he cannot, after the exercise of reasonable diligence, estimate, the plaint shall state approximately the amount or value sued for.] *[ 2A. Where interest is sought in the suit. —(1) Where the plaintiff seeks interest, the plaint shall contain a statement to that effect along with the details set out under sub-rules (2) and (3). (2) Where the plaintiff seeks interest, the plaint shall state whether the plaintiff is seeking interest in relation to a commercial transaction within the meaning of section 34 of the Code of Civil Procedure, 1908 (5 of 1908) and, furthermore, if the plaintiff is doing so under the terms of a contract or under an Act, in which case the Act is to be specified in the plaint; or on some other basis and shall state the basis of that. relation to a commercial transaction within the meaning of section 34 of the Code of Civil (3) Pleadings shall also state— (a) the rate at which interest is claimed; (b) the date from which it is claimed; (c) the date to which it is calculated; 2. Discovery by interrogatories. —(1) In any suit the plaintiff or defendant by leave of the court may deliver interrogatories in writing for the examination of the opposite parties or any one or more of such parties, and such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories each of such persons is required to answer: Provided that no party shall deliver more than one set of interrogatories to the same party without an order for that purpose: Provided further that interrogatories which do not relate to any matters in question in the suit shall be deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examination of a witness. (2) On an application for leave to deliver interrogatories, the particular interrogatories proposed to be delivered shall be submitted to the court, and that court shall decide within seven days from the day of filing of the said application, in deciding upon such application, the court shall take into account any offer, which may be made by the party sought to be interrogated to deliver particulars, or to make admissions, or to produce documents relating to the matters in question, or any of them, and leave shall be given as to such only of the interrogatories submitted as the court shall consider necessary either for disposing fairly of the suit or for saving costs. 2. Discovery by interrogatories.— (1) In any suit the plaintiff or defendant by leave of the court may deliver interrogatories in writing for the examination of the opposite parties or anyone or more of such parties, and such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories each of such persons is required to answer: Provided that no party shall deliver more than one set of interrogatories to the same party without an order for that purpose: Provided further that interrogatories which do not relate to any matters in question in the suit shall be deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examination of a witness. 2. Payment out of Court to decree-holder .—(1) Where any money payable under a decree of any kind is paid out of Court,[3] [or decree of any kind is otherwise adjusted] in whole or in part to the 1. Subs. by Act 104 of 1976, s. 72, for rule 1 (w.e.f. 1-2-1977). 2. Subs. by Act 37 of 2025, s. 3 and Sch. II, for "registered post, acknowledgement due" (w.e.f. 20-12-2025). 3. Subs. by Act 104 of 1976, s. 72, for certain words (w.e.f. 1-2-1977). satisfaction of the decree-holder, the decree-holder shall certify such payment or adjustment to the Court whose duty it is to execute the decree, and the Court shall record the same accordingly. (2) The judgment-debtor[1] [or any person who has become surety for the judgment-debtor] also may inform the Court of such payment or adjustment, and apply to the Court to issue a notice to the decree-holder to show cause, on a day to be fixed by the Court, why such payment or adjustment should not be recorded as certified; and if, after service of such notice, the decree-holder fails to show cause why the payment or adjustment should not be recorded as certified, the Court shall record the same accordingly. inform the Court of such payment or adjustment, and apply to the Court to issue a notice to the [2] [(2A) No payment or adjustment shall be recorded at the instance of the judgment-debtor unless— (a) the payment is made in the manner provided in rule 1; or 2. Court may add Government as party.— The Court may at any stage of the proceedings order that the Central Government or a State Government shall be added as a defendant in any suit involving[7] [any such question as is referred to[8] [in clause (1) of Article 132 read with Article 147, of the Constitution]], if 9[the Attorney General for India] or the Advocate-General of the State, as the case may be, whether upon receipt of notice under rule 1, or otherwise, applies for such addition and the Court is satisfied that such addition is necessary or desirable for the satisfactory determination of the question of law involved. 3[2A. Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument.— The Court may, at any stage of the proceedings in any suit involving any such question as is referred to in rule 1A, order that the Government or other authority shall be added as a defendant if the Government pleader or the pleader appearing in the case for the authority which issued the instrument, as the case may be, whether upon receipt of notice under rule lA or otherwise, applies for such addition, and the Court is satisfied that such addition is necessary or desirable for the satisfactory determination of the question.] 5[2. Institution of summary suits.— (1) A suit, to which this Order applies, may if the plaintiff desires to proceed hereunder, be instituted by presenting a plaint which shall contain,— (a) a specific averment to the effect that the suit is filed under this Order; (b) that no relief, which does not fall within the ambit of this rule, has been claimed in the plaint; and (c) the following inscription, immediately below the number of the suit in the title of the suit, namely :— "(Under Order XXXVII of the Code of Civil Procedure, 1908)." 2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to avoid execution of the decree, which may be against your person or property, or both. No. 2 SUMMONS FOR SETTLEMENT OF ISSUES (O. 5, rr.1, 5.) (Title) T o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [ Name, description and place of residence .] WHEREAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has instituted a suit against you for……………………………..you are hereby summoned to appear in this Court in person, or by a pleader duly instructed, and able to answer all material question relating to the suit, or who shall be accompanied by some person able to answer all such questions, the.........................................................day of……......................20....................., at......................o'clock in the………….................noon, to answer the claim,[1] [and further you are hereby directed to file on that day a written statement of your defence and to produce on the said day all documents in your possession or power upon which you base your defence or claim for set-off or counter-claim and where you rely on any other document whether in your possession or power or not, as evidence in support of your defence or claim for set-off or counter-claim, you shall enter such documents in a list to be annexed to the written statement]. on 2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to avoid execution of the decree, which may be against your person or property, or both. No. 3 SUMMONS TO APPEAR IN PERSON (O. 5, r. 3) (Title) To . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [ Name, description and place of residence. ] WHEREAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has instituted a suit against you for...............you are hereby summoned to appear in this Court in person on the….............................. day of ...................... 20........................................at o'clock in the....................................noon, to answer the claim; and you are directed to produce on that day all the documents upon which you intend to rely in support of your defence. Take notice that, in default of your appearance on the day before mentioned, the suit will be heard and determined in your absence. GIVEN under my hand and the seal of the Court, this.......................... day of .......... .…..20……… Judge. 1. Subs. by Act 104 of 1976, s. 94, for certain words (w.e.f. 1-2-1977). 1[ No. 4 SUMMONS IN A SUMMARY SUIT (O. 37, r. 2) (Title) To . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [ Name, description and place of residence .] 2. And it is hereby further declared that the whole of the liability whatsoever of the defendant up to this day arising from the said mortgage mentioned in the plaint or from this suit is hereby discharged and extinguished. ==> picture [43 x 13] intentionally omitted <== ==> picture [188 x 28] intentionally omitted <== ==> picture [150 x 13] intentionally omitted <== ==> picture [298 x 13] intentionally omitted <== (Title) This suit coming on this....................................day, etc; It is hereby ordered and decreed that it be referred to....................as the Commissioner to take the accounts following:— (i) an account of what is due on this date to the plaintiff for principal and interest on his mortgage mentioned in the plaint (such interest to be computed at the rate payable on the principal or where no such rate is fixed, at six per cent. per annum or at such rate as the Court deems reasonable); (ii) an account of the income of the mortgaged property received up to this date by the plaintiff or by any other person by the order or for the use of the plaintiff or which without the wilful default of the plaintiff or such person might have been so received; 1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11. * Words not required to be deleted. 2. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into the Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to the plaintiff under the aforesaid preliminary decree and under any further orders that may have been passed in this suit and in payment of any amount which the Court may have adjudged due to the plaintiff for such costs of the suit including the costs of this application and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to the defendant or other persons entitled to receive the same.] 1[ No. 7 PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE FOR FORECLOSURE IS PASSED (Order XXXIV, rule 7.—Where accounts are directed to be taken.) (Title) This suit coming on this........day, etc.; It is hereby ordered and decreed that it be referred to............ as the Commissioner to take the account following:— 2. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to the defendant under the aforesaid preliminary decree and under any further orders that may have been passed in this suit and in payment of any amount which the Court may have adjudged due to the defendant for such costs of this suit including the costs of this application and such costs, charges and expenses as may be payable under rule l0, together with the subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to the plaintiff or other persons entitled to receive the same.] 1[ No. 7F FINAL DECREE IN A SUIT FOR FORECLOSURE, SALE OR REDEMPTION WHERE THE MORTGAGOR PAYS THE AMOUNT OF THE DECREE (Order XXXIV, rules 3, 5 and 8) (Title) This suit coming on this ................................. day for further consideration and it appearing that on the …………….. day of ……………….. the mortgagor or …………….. , the same being a person entitled to redeem, has paid into Court all amounts due to the mortgagee under the preliminary decree dated the …………………. day of ……………….. ; It is hereby ordered and decreed that:— 2. And it is hereby further ordered and decreed that upon the mortgagee executing the deed of re-conveyance or acknowledgement in the manner aforesaid,— (i) the said sum of Rs. ……………… be paid out of Court to the mortgagee; (ii) the said deeds and documents brought into the Court be delivered out of Court to the mortgagor *[or the person making the payment] and the mortgagee do, when so required, concur in registering, at the cost of the mortgagor *[or other person making the payment], the said deed of re-conveyance or the acknowledgement in the office of the Sub-Registrar of ……………….; and (iii) *[if the mortgagee, plaintiff or defendant, as the case may be, is in possession of the mortgaged property] that the mortgagee do forthwith deliver possession of the mortgaged property in 1. Subs. by Act 21 of 1929, s. 8 and the Sch., for the Forms 3 to 11. * Words not required to be deleted. the aforesaid preliminary decree mentioned to the mortgagor *[or such person as aforesaid who has made the payment]. 1[ No. 8 DECREE AGAINST MORTGAGOR PERSONALLY FOR BALANCE AFTER THE SALE OF THE MORTGAGED PROPERTY (Order XXXIV, rules 6 and 8A) (Title) 2. And it is ordered that the residue of the said sum of Rs. ………………… after payment of the plaintiff's and defendant's costs as aforesaid, be paid and applied by defendant as follows:— (a) Let the defendant, within one week after the taxation of the said costs by the……………. as aforesaid, pay one-third share of the said residue to the plaintiffs A.B., and C.D., his wife, in her right as the sister and one of the next-of-kin of the said E.F., the intestate. (b) Let the defendant retain for her own use one other third share of said residue, as the mother and one of the next-of-kin of the said E.F., the intestate. (c) And let the defendant, within one week after the taxation of the said costs by the ………….. as aforesaid, pay the remaining one-third share of the said residue to G. H., as the brother and the other next-of-kin of the said E.F. the intestate. No. 21 PRELIMINARY DECREE IN A SUIT FOR DISSOLUTION OF PARTNERSHIP AND THE TAKING OF PARTNERSHIP ACCOUNTS (Title) IT is declared that the proportionate shares of the parties in the partnership are as follows:— It is declared that this partnership shall stand dissolved [ or shall be deemed to have been dissolved] as from the ………….. day of ………… and it is ordered that the dissolution thereof as from that day be advertised in the …………………. Gazette, etc. Section 2 2. No. 3 SUMMONS TO DEFENDANT TO APPEAR ON SURETY'S APPLICATION FOR DISCHARGE (O . 38, r. 3) ==> picture [31 x 13] intentionally omitted <== To . . . .. . .. . .. . .. . .. . . . . . .. . .. . .. . .. . .. . . WHEREAS…………………………………, who became surety on the………………………day of………. 20….for your appearance in the above suit, has applied to this Court to be discharged from his obligation. You are hereby summoned to appear in this Court in person on the…………………………...........day of………………20……at…….A . M., when the said application, will be heard and determined. GIVEN under my hand and the seal of the Court, this……………day of…………20….. Judge. ==> picture [28 x 13] intentionally omitted <== ORDER FOR COMMITTAL (O. 38, r. 4) (Title) T o . . . .. . .. . .. . .. . .. . . . . . .. . .. . .. . .. . .. . . WHEREAS……………………., plaintiff in this suit, has made application to the Court that security be taken for the appearance of…………………..., the defendant, to answer any judgment that may be passed against him in the suit; and whereas the Court has called upon the defendant to furnish such security, or to offer a sufficient deposit in lieu of security, which he has failed to do; it is ordered that the said defendant……be committed to the civil prison until the decision of the suit; or, if judgment be pronounced against him, until satisfaction of the decree. GIVEN under my hand and the seal of the Court, this………….day of…………….20……… Judge. 2. The number of the Form, originally misprinted as 7, was corrected by Act 10 of 1914, s. 2 and the First Sch. And whereas the said……………….has been appointed, by order of the above-mentioned Court, to receive the rents and profits of the immovable property and to get in the outstanding movable property of……………..in the said plaint named: Now the condition of this obligation is such, that if the above-bounden………shall duly account for all and every the sum and sums of money which he shall so receive on account of the rents and profits of the immovable property, and in respect of the movable property, of the said….......at such periods as the said Court shall appoint, and shall duly pay the balances which shall from time to time be certified to be due from him as the said Court hath directed or shall hereafter direct, then this obligation shall be void, otherwise in shall remain in the full force. Signed and delivered by the above-bounden in the presence of…………………… NOTE. — If deposit of money is made, the memorandum thereof should follow the terms of the condition of the bond. APPENDIX G APPEAL, REFERENCE AND REVIEW No. 1 MEMORANDUM OF APPEAL (O. 41, r. 1.) (Title) The...............................................above-named appeals to the……………………………………... Court at…………………from the decree of……………in Suit No………………of 20………….… dated the……………….day of………………20………,and sets forth the following grounds of objection to the decree appealed from, namely:— That………………., the plaintiff in Suit No………………………………………………of 20……. having sued………………………, defendant, in this Court and a decree having been passed on the ………………….day of …………….20……in favour of the plaintiff, and the defendant having preferred an appeal from the said decree in the................. Court, the said appeal is still pending. You are hereby informed that the……………..day of……………………20…………………has been fixed for the hearing of the application, when you will be heard if you desire to offer any objection to it. GIVEN under my hand and the seal of the Court, this………….day of………………………20……… 1[ No. 2A LIST OF WITNESSES PROPOSED TO BE CALLED BY PLAINTIFF/DEFENDANT (Order XVI, rule 1.) Name of the party Name and address which proposes to of the witness Remarks] call the witness Judge. 1. Ins. by Act 104 of 1976, s. 96 (w.e.f. 1-2-1977). No. 3 NOTICE OF PAYMENT INTO COURT (O. 24, r.2.). (Title) TAKE notice that the defendant has paid into Court Rs. …………………….and says that that sum is sufficient to satisfy the plaintiff's claim in full. X. Y. , Pleader for the defendant. To Z., Pleader for the plaintiff. No. 4 NOTICE To SHOW CAUSE (GENERAL FORM). (Title) It is Proposed to vest the Power of making Rules in High courts, subject to the control of Local Governments (or in the case of the Calcutta High Court of the Government of India), but we think it most desirable that in exercising this power the Courts should have the advice of representatives of the various branches of the legal profession, and we have accordingly provided that in the case of chartered High Courts and of Chief Courts, Rules shall only be made after those Courts have taken the opinion of the Rule Committee on which there will be representatives of the Bar, of Vakeels or Pleaders and in Presidency Towns of Attornies. In the case of other High Courts power has been given to establish such Rule Committees as the Governor-General in Council may determine. It is believed that Standing Committees of this kind will be of great value. We have thought it better to require the same sanction as is required by the Indian High Courts Act of 1861, in order that the rule making power should correspond with the power conferred under that Act; but we are of opinion that in the interest of uniformity, it is expedient that all amendments of Rules should be communicated to the Government of India and to other High Courts before sanction is given to them. This, we understand, can be effected by executive order. If our proposal is adopted it will probably be useful to publish annually in every Province some manual corresponding to the English "Annual Practice" containing:- (3) The defendant shall not defend the suit referred to in sub-rule (1) unless he enters an appearance and in default of his entering an appearance the allegations in the plaint shall be deemed to be admitted and the plaintiff shall be entitled to a decree for any sum, not exceeding the sum mentioned in the summons, together with interest at the rate specified, if any, up to the date of the decree and such sum for costs as may be determined by the High Court from time to time by rules made in that behalf and such decree may be executed forthwith.] 1 [3. Procedure for the appearance of defendant. — (1) In a suit to which this Order applies, the plaintiff shall, together with the summons under rule 2, serve on the defendant a copy of the plaint and annexures thereto and the defendant may, at any time within ten days of such service, enter an appearance either in person or by pleader and, in either case, he shall file in Court an address for service of notices on him. (2) Unless otherwise ordered, all summonses, notices and other judicial processes, required to be served on the defendant, shall be deemed to have been duly served on him if they are left at the address given by him for such service. 2. Recognized agents.— The recognized agents of parties by whom such appearances, applications and acts may be made or done are— (a) persons holding powers-of-attorney, authorising them to make and do such appearances, applications and acts on behalf of such parties; (b) persons carrying on trade or business for and in the names of parties not resident within the local limits of the jurisdiction of the Court within which limits the appearance, application or act is made or done, in matters connected with such trade or business only, where no other agent is expressly authorised to make and do such appearances, applications and acts. (d) the total amount of interest claimed to the date of calculation; and (e) the daily rate at which interest accrues after that date.] STATE AMENDMENT ― Jammu and Kashmir and Ladakh (UTs) In Order VII, after Rule, insert the following Rule, namely:- 1. Subs. by Act 104 of 1976, s. 57, for certain words (w.e.f. 1-2-1977). * Ins. by Act 4 of 2016, s. 16 and Sch., Shall be applicable to commercial disputes of a Specified Value (w.e.f. 23-10-2015). (3) In adjusting the costs of the suit inquiry shall at the instance of any party be made into the propriety of exhibiting such interrogatories, and if it is the opinion of the taxing officer or of the court, either with or without an application for inquiry, that such interrogatories have been exhibited unreasonably, vexatiously, or at improper length, the costs occasioned by the said interrogatories and the answers thereto shall be paid in any event by the party in fault. (4) Interrogatories shall be in the form provided in Form No. 2 in Appendix C to the Code of Civil Procedure, 1908 (5 of 1908), with such variations as circumstances may require. (5) Where any party to a suit is a corporation or a body of persons, whether incorporated or not, empowered by law to sue or be sued, whether in its own name or in the name of any officer of other person, any opposite party may apply for an order allowing him to deliver interrogatories to any member or officer of such corporation or body, and an order may be made accordingly. (6) Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit, or that the matters inquired into are not sufficiently material at that stage, or on the ground of privilege or any other ground may be taken in the affidavit in answer. (b) the payment or adjustment is proved by documentary evidence; or (c) the payment or adjustment is admitted by, or on behalf of, the decree-holder in his reply to the notice given under sub-rule (2) of rule 1, or before the Court.] 2(3) A payment or adjustment, which has not been certified or recorded as aforesaid, shall not be recognized by any Court executing the decree. Courts executing decrees 10 [3. Costs.— Where, under rule 2 or rule 2A the Government or any other authority is added as a defendant in a suit, the Attorney-General, Advocate-General, or Government Pleader or Government or 1. Ins. by Act 23 of 1942, s. 2. 2. Subs. by the A.O. 1950, for "the Government of India Act, 1935, or any Order-in-Council made thereunder". 3. Ins. by Act 104 of 1976, s. 77 (w.e.f. 1-2-1977). 4. Subs. by the A.O. 1948, for "substantial question of law as to the interpretation of the Government of India Act, 1935, or any Order-in-Council made thereunder". 5. Subs. by the A.O. 1950, "In sub-section (1) of section 205 of the Government of India Act, 1935". 6. Subs. ibid., for " the Advocate-General of India". 7. Subs. by the A. O. 1948, for "a substantial question of law as to the interpretation of the Government of India Act, 1935 or any Order-in-Council made thereunder". 8. Subs. by the A.O. 1950, for "in sub-section (1) of section 205 of the Government of India Act, 1935". 9. Subs., ibid ., for "the Advocate-General of India". 10. Subs. by Act 104 of 1976, s. 77, for rule 3 (w.e.f. 1-2-1977). other authority shall not be entitled to, or liable for, costs in the Court which ordered the addition unless the Court, having regard to all the circumstances of the case for any special reason, otherwise orders.] Take note that, in default of your appearance on the day before mentioned, the suit will be heard and determined in your absence. GIVEN under my hand and the seal of the Court, this .............. day of .................. 20 ........... Judge. NOTICE—1. Should you apprehend your witnesses will not attend of their own accord, you can have a summons from this Court to compel the attendance of any witness, and the production of any document that you have a right to call on the witness to produce, on applying to the Court and on depositing the necessary expenses. WHEREAS........................... has instituted a suit against you under Order XXXVII of the Code of Civil Procedure, 1908, for Rs.................and interest, you are hereby summoned to cause and appearance to be entered for you, within ten days from the service hereof, in default hereof the plaintiff will be entitled, after the expiration of the said period of ten days, to obtain a decree for any sum not exceeding the sum of Rs....................and the sum of Rs..........................for costs, together with such interest, if any, as the Court may order. If you cause an appearance to be entered for you, the plaintiff will thereafter serve upon you a summons for judgment at the hearing of which you will be entitle to move the Court for leave to defend the suit. Leave to defend may be obtained if you satisfy the Court by affidavit or otherwise that there is defence to the suit on the merits or that it is reasonable that you should be allowed to defend. GIVEN under my hand and the seal of the Court, this............................day of...........................20........... Judge. ] 2[ No. 4A SUMMONS FOR JUDGMENT IN A SUMMARY SUIT (O. 37, r. 3) (Title) …………In the....................Court, at......................Suit No............................of 20………….. XYZ Plaintiff Versus Defendant ABC Upon reading the affidavit of the plaintiff the Court makes the following order, namely:— (iii) an account of all sums of money properly incurred by the plaintiff up to this date for costs, charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together with interest thereon (such interest to be computed at the rate agreed between the parties, or, failing such rate, at the same rate as is payable on the principal, or, failing both such rates, at nine per cent. per annum); (iv) an account of any loss or damage caused to the mortgaged property before this date by any act or omission of the plaintiff which is destructive of, or permanently injurious to, the property or by his failure to perform any of the duties imposed upon him by any law for the time being in force or by the terms of the mortgage-deed. (i) an account of what is due on this date to the defendant for principal and interest on the mortgage mentioned in the plaint (such interest to be computed at the rate payable on the principal or where no such rate is fixed, at six per cent. per annum or at such rate as the Court deems reasonable); (ii) an account of the income of the mortgaged property received up to this date by the defendant or by any other person by order or for the use of the defendant or which without the wilful default of the defendant or such person might have been so received; (iii) an account of all sums of money property incurred by the defendant up to this date for costs, charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together with interest thereon (such interest to be computed at the rate agreed between the parties, or failing such rate, at the same rate as is payable on the principal, or, failing both such rates, at nine per cent. per annum); (iv) an account of any loss or damage caused to the mortgaged property before this date by any act or omission of the defendant which is destructive of, or permanently injurious to, the property or by his failure to perform any of the duties imposed upon him by any law for the time being in force or by the terms of the mortgage-deed. (i) the mortgagee do execute a deed of re-conveyance of the property in the aforesaid preliminary decree mentioned in favour of the mortgagor *[or, as the case may be, ……………….. who has redeemed the property] or an acknowledgement of the payment of the amount due in his favour; (ii) the mortgagee do bring into Court all documents in his possession and power relating to the mortgaged property in the suit. Upon reading the application of the mortgagee (the plaintiff or defendant, as the case may be) and reading the final decree passed in the suit on the .................... day of ......................... and the Court being satisfied that the net proceeds of the sale held under the aforesaid final decree amounted to Rs. …………. and have been paid to the applicant out of the Court on the ………………... day of ……………….. and that the balance now due to him under the aforesaid decree is Rs. ………… ; And whereas it appears to the Court that the said sum is legally recoverable from the mortgagor (plaintiff or defendant, as the case may be) personally; It is hereby ordered and decreed as follows:— That the mortgagor (plaintiff or defendant, as the case may be) do pay to the mortgagee (defendant or plaintiff, as the case may be) the said sum of Rs. …………. with further interest at the rate of six per cent. per annum from the ………………… day of ……………….. (the date of payment out of Court referred to above) up to the date of realisation of the said sum, and the costs of this application.] 1[ No. 9 PRELIMINARY DECREE FOR FORECLOSURE OF SALE [Plaintiff . . . . . . . . . . . 1st Mortgagee, Vs. Defendant No. 1 . . . . . . . . . . . Mortgagor, Defendant No. 2 . . . . . . . . . . . 2nd Mortgagee.] (Order XXXIV, rules 2 and 4) (Title) And it is ordered that ……………… be the receiver of the partnership-estate and effects in this suit and do get in all the outstanding book-debts and claims of the partnership. And it is ordered that the following accounts be taken:— Section 2 ==> picture [28 x 13] intentionally omitted <== ATTACHMENT BEFORE JUDGMENT, WITH ORDER TO CALL FOR SECURITY FOR FULFILMENT OF DECREE ==> picture [53 x 13] intentionally omitted <== (Title) T o The Bailiff of the Court. WHEREAS……………….....has proved to the satisfaction of the Court that the defendant in the above suit………..; These are to command you to call upon the said defendant………………………………..on or before the…………….day of………………….20………………..either to furnish security for the sum of rupees ……………to produce and place at the disposal of this Court when required……………………….……or the value thereof, or such portion of the value as may be sufficient to satisfy any decree that may be passed against him; or to appear and show cause why he should not furnish security; and you are further ordered to attach the said……………..and keep the same under safe and secure custody until the further order of the Court; and you are further commanded to return this warrant on or before the………………....day of……. 20……. , with an endorsement certifying the date on which and the manner in which it has been executed, or the reason why it has not been executed. GIVEN under my hand and the seal of the Court, this………………..day of…………20………. Judge. No. 6 SECURITY FOR THE PRODUCTION OF PROPERTY (O. 38, r. 5) (Title) No. 2 SECURITY BOND TO BE GIVEN ON ORDER BEING MADE TO STAY EXECUTION OF DECREE (O. 41, r. 5.) (Title) To . . . .. . .. . .. . .. . .. . . . . . .. . .. . .. . .. . .. . . This security bond on stay of execution of decree executed by………………………...witnesseth:— That……….., the plaintiff in Suit No.…………………of 20...……………having sued ……………….. , the defendant, in this Court and a decree having been passed on the……………….day of………………20……, in favour of the plaintiff, and the defendant having preferred an appeal from the said decree in the……… Court, the said appeal is still pending. Now the plaintiff decree-holder having applied to execute the decree, the defendant has made an application praying for stay of execution and has been called upon to furnish security. Accordingly I, of my own free will, stand security to the extent of Rs.……………..,mortgaging the properties specified in the Schedule hereunto annexed, and covenant that if the decree of the first Court be confirmed or varied by the Appellate Court' the said defendant shall duly act in accordance with the decree of the Appellate Court and shall pay whatever may be payable by him thereunder, and if he should fail therein then any amount so payable shall be realized from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are insufficient to pay the amount due, I and my legal representatives will be personally liable to pay the balance. Section 2 Now the plaintiff decree-holder has applied for execution of the said decree and has been called upon to furnish security. Accordingly I, of my own free will, stand security to the extent of Rs……………...………, mortgaging the properties specified in the schedule hereunto annexed, and covenant that if the decree of the first Court be reversed or varied by the Appellate Court, the plaintiff shall restore any property which may be or has been taken in execution of the said decree and shall duly act in accordance with the decree of the Appellate Court and shall pay whatever may be payable by him thereunder, and if he should fail therein then any amount so payable shall be realised from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are insufficient to pay the amount due, I and my legal representatives will be personally liable to pay the balance. To this effect I execute this security bond this……………………day of ……………….20……. Schedule (Signed.) Witnessed by Section 2 T o WHEREAS the above-named………………………………………...has made application to this Court that……………………….; You are hereby warned to appear in this Court in person or by a pleader duly instructed on the …................................day of…………………20......, at……..O'clock in the forenoon, to show cause against the application, failing wherein, the said application will be heard and determined ex parte. GIVEN under my hand and the seal of the Court, this………………day of……….20…………. Judge. ==> picture [34 x 13] intentionally omitted <== LIST OF DOCUMENTS PRODUCED BY PLANTIFF DEFENDANT (O. 13, r. 1.) (Title) No. Description of document. Date, if any, which Signature of party or pleader. the document bears. 1 2 3 4 To No. 6 NOTICE TO PARTIES OF THE DAY FIXED FOR EXAMINATION OF A WITNESS ABOUT TO LEAVE THE JURISDICTION. (O. 18, r. 16.) (Title) Plaintiff (or defendant ) . WHEREAS in the above suit application has been made to the Court by………………………...that the examination of…………………, a witness required by the said…………………………..., in the said suit may be taken immediately; and it has been shown to the Court's satisfaction that the said witness is about to leave the Court's jurisdiction (or any other good and sufficient cause to be stated); Take notice that the examination of the said witness………………………will be taken by the Court on the……………………day of……………………………20………… Dated the…………day of…………………………………….20………….. Judge. No. 7 - (1) the Act; - (2) all rules of procedure made under it or under other Acts in the Province; - (3) notes of decisions on the Act and Rules. 2. Register of suits.— The Court shall cause the particulars of every suit to be entered in a book to be kept for the purpose and called the register of civil suits. Such entries shall be numbered in every year according to the order in which the plaints are admitted. 1. Subs. by Act 104 of 1976, s. 54, for certain words (w.e.f. 1-2-1977). 2. Ins. by s. 54, ibid. (w.e.f. 1-2-1977). 3. Subs. by Act 46 of 1999, s. 14, for certain words (w.e.f. 1-7-2002). 4. Ins. by s. 14, ibid. (w.e.f. 1-7-2002). STATE AMENDMENT Uttar Pradesh Insertion of Order IV-A.— In the First Schedule, after Order IV, the following Order shall be inserted , namely :— "ORDER IV-A CONSOLIDATION OF CASES (3) On the day of entering the appearance, notice of such appearance shall be given by the defendant to the plaintiff's pleader, or, if the plaintiff sues in person, to the plaintiff himself, either by notice delivered at or sent by a pre-paid letter directed to the address of the plaintiff's pleader or of the plaintiff, as the case may be. (4) If the defendant enters an appearance, the plaintiff shall thereafter serve on the defendant a summons for judgment in Form No. 4A in Appendix B or such other Form as may be prescribed from time to time, returnable not less than ten days from the date of service supported by an affidavit verifying the cause of action and the amount claimed and stating that in his belief there is no defence to the suit. (5) The defendant may, at any time within ten days from the service of such summons for judgment, by affidavit or otherwise disclosing such facts as may be deemed sufficient to entitle him to defend, apply on such summons for leave to defend such suit, and leave to defend may be granted to him unconditionally or upon such terms as may appear to the Court or Judge to be just: Provided that leave to defend shall not be refused unless the Court is satisfied that the facts disclosed by the defendant do not indicate that he has a substantial defence to raise or that the defence intended to be put up by the defendant is frivolous or vexatious: (7) Any interrogatories may be set aside on the ground that they have been exhibited unreasonably or vexatiously, or struck out on the ground that they are prolix, oppressive, unnecessary or scandalous and any application for this purpose may be made within seven days after service of the interrogatories. (8) Interrogatories shall be answered by affidavit to be filed within ten days, or within such other time as the court may allow. (9) An affidavit in answer to interrogatories shall be in the form provided in Form No. 3 in Appendix C to the Code of Civil Procedure, 1908 (5 of 1908), with such variations as circumstances may require. (10) No exceptions shall be taken to any affidavit in answer, but the sufficiency or otherwise of any such affidavit objected to as insufficient shall be determined by the court. (11) Where any person interrogated omits to answer, or answers insufficiently, the party interrogating may apply to the court for an order requiring him to answer, or to answer further, as the case may be, and an order may be made requiring him to answer, or to answer further, either affidavit or by viva voce examination, as the court may direct. Let all parties concerned attend the Court or Judge, as the case may be, on the .....................day of .................. 20………., at ..........................o'clock in the forenoon on the hearing of the application of the plaintiff that he be at liberty to obtain judgment in this suit against the defendant ( or if against one or some or several, insert names) for Rs....................and for interest and costs. Date the ......................day of.................. 20………...] Judge. 1. Subs. by Act 104 of 1976, s. 94, for Form No. 4 (w.e.f. 1-2-1977). 2. Ins. by s. 94, ibid. (w.e.f. 1-2-1977). NOTICE TO PERSON WHO, THE COURT CONSIDERS, SHOULD BE ADDED AS CO-PLAINTIFF (O. 1, r. 10) (Title) No. 5 To . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [ Name, description and place of residence .] WHEREAS.........................has instituted the suit against.........................for..............................and whereas it appears necessary that you should be added as a plaintiff in the said suit in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved. Take notice that you should on or before the .................. day of ........................ 20, signify to this Court whether you consent to be so added. Given under my hand and the seal of the Court, this ................. day of ............ 20…….. Judge. No. 6 The suit coming on this ……………. day, etc; It is hereby declared that the amount due to the plaintiff on the mortgage mentioned in the plaint calculated up to this day of ……………… is the sum of Rs. ………………….. for principal, the sum of Rs. …………………. for interest on the said principal, the sum of Rs. ……………… for costs, charges and expenses (other than the costs of the suit) incurred by the plaintiff in respect of the mortgage-security with interest thereon and sum of Rs. …………… for the costs of this suit awarded to the plaintiff, making in all the sum of Rs. …………….. . (Similar declarations to be introduced with regard to the amount due to defendant No. 2 in respect of his mortgage if the mortgage-money due thereunder has become payable at the date of the suit.) Section 2 WHEREAS at the instance of………………………., the plaintiff in the above suit, …………………... the defendant has been directed by the Court to furnish security in the sum of Rs……………………….to produce and place at the disposal of the Court the property specified in the schedule hereunto annexed; Therefore I……………...,have voluntarily become surety and do hereby bind myself, my heirs and executors, to the said Court, that the said defendant shall produce and place at the disposal of the Court, when required, the property specified in the said schedule, or the value of the same, or such portion thereof may be sufficient to satisfy the decree; and in default of his so doing, I bind myself, my heirs and executors, to pay to the said Court, at its order, the said sum of Rs…………………or such sum not exceeding the said sum as the said Court may adjudge. Schedule Witness my hand at…………………..this…………..day of……………………..20……… (Signed.) Witnesses. 1. 2. No. 7 ATTACHMENT BEFORE JUDGMENT, ON PROOF OF FAILURE TO FURNISH SECURITY ==> picture [55 x 13] intentionally omitted <== (Title) T o The Bailiff of the Court. To this effect I execute this security bond this………..day of………………20………. Schedule (Signed.) Witnessed by 1. WHEREAS a suit is now pending in the………………………………………………...in which A. B. is plaintiff and C.D. is defendant; And in the said suit the plaintiff claims. (Abstract of claim.) SUMMONS TO LEGAL REPRESENTATIVE OF A DECEASED DEFENDANT (O. 22, r. 4) (Title) T o … … … … … … … … … … … … … … . . WHEREAS the plaintiff...........instituted a suit in this Court on the..........................day of..............,20....against the defendant........who has since deceased, and whereas the said plaintiff has made an application to this Court alleging that you are the legal representative of the said,……. deceased, and desiring that you be made the defendant in his stead. You are hereby summoned to attend in this Court on the………… day of........... ......... ......20......., at …………….A.M. to defend the said suit and, in default of your appearance on the day specified, the said suit will be heard and determined in your absence. GIVEN under my hand and the seal of the Court this.................. day of .......... 20……… Judge. No. 7 ORDER FOR TRANSMISSION OF SUMMONS FOR SERVICE IN THE JURISDICTION OF ANOTHER COURT (O. 5, r. 21) (Title) WHEREAS it is stated that ............................................................................................. defendant in the above suit is at present residing in.......................................................... witness It is ordered that a summons returnable on the day of...........................20......., be forwarded to the..............Court of for service on the said defendant/witness............ with a duplicate of this proceeding. 2. New facts must be specially pleaded.— The defendant must raise by his pleading all matters which show the suit not be maintainable, or that the transaction is either void or voidable in point of law, and all such grounds of defence as, if not raised, would be likely to take the opposite party by surprise, or would raise issues of fact not arising out of the plaint, as, for instance, fraud, limitation, release, payment, performance, or facts showing illegality. Provided further that, where a part of the amount claimed by the plaintiff is admitted by the defendant to be due from him, leave to defend the suit shall not be granted unless the amount so admitted to be due is deposited by the defendant in Court. (6) At the hearing of such summons for judgment, — (a) if the defendant has not applied for leave to defend, or if such application has been made and is refused, the plaintiff shall be entitled to judgment forthwith; or (b) if the defendant is permitted to defend as to the whole or any part of the claim, the Court or Judge may direct him to give such security and within such time as may be fixed by the Court or Judge and that, on failure to give such security within the time specified by the Court or Judge or to carry out such other directions as may have been given by the Court or Judge, the plaintiff shall be entitled to judgment forthwith. (7) The Court or Judge may, for sufficient cause shown by the defendant, excuse the delay of the defendant in entering an appearance or in applying for leave to defend the suit.] Section 2 WHEREAS……………………, the plaintiff in this suit, has applied to the Court to call upon…….., the defendant, to furnish security to fulfil any decree that may be passed against him in the suit, and whereas the Court has called upon the said………………………….to furnish such security, which he has failed to do; these are to command you to attach………….., the property of the said………., and keep the same under safe and secure custody until the further order of the Court, and you are further commanded to return this warrant on or before the…………..day of…………….20………………………………with an endorsement certifying the date on which and the manner in which it has been executed, or the reason why it has not been executed. GIVEN under my hand and the seal of the Court, this……………….day of…………20……… Judge. No. 8 TEMPORARY INJUNCTIONS (O. 39, r. 1) (Title) And it appearing that such witnesses are resident within the jurisdiction of your honourable Court; Now I…………………………………., as the………………………………. of the said Court, have the honour to request, and do hereby request, that for the reasons aforesaid and for the assistance of the said Court, you, as the President and Judges of the said……………….,or some one or more of you, will be pleased to summon the said witness (and such other witnesses as the agents of the said plaintiff and defendant shall humbly request you in writing so to summon) to attend at such time and place as you shall appoint before some one or more of you or such other person as according to the procedure of your Court is competent to take the examination of witnesses, and that you will cause such witnesses to be examined upon the interrogatories which accompany this letter of request (or viva voce) touching the said matters in question in the presence of the agents of the plaintiff and defendant, or such of them as shall, on due notice given, attend such examination. Dated this………………….day of………….20……. Judge. [ Where the injunction is sought to restrain the negotiation of a note or bill, the ordering part of the order may run thus:— ] (3) One...........accompanied me to....................and there pointed out to me which he said was the house in which......................ordinarily resides. I did not find the said...............there. (a) (b) (a) Enter fully and exactly the manner in which the process was served, with special reference to Order 5, rules 15 and 17. (b) Signature of process-server. or, If substituted service has been ordered, state fully and exactly the manner in which the summons was served with special reference to the terms of the order for substituted service. Sworn by the said............................................................................................................before me affirmed this......................................................day of..................20.............. Empowered under section 139 of the Code of Civil Procedure, 1908, to administer the oath to deponents. No. 12 NOTICE TO DEPENDANT (O. 9, r. 6) (Title) To ......................................................... [Name, description and place of resid ence. ] WHEREAS this day was fixed for the hearing of the above suit and a summons was issued to you and the plaintiff has appeared in this Court and you did not so appear, but from the return of the Nazir it has been proved to the satisfaction of the Court that the said summons was served on you but not in sufficient time to enable you to appear and answer on the day fixed in the said summons; 2. Explanation ins. by s. 59, ibid. (w.e.f. 1-2-1977). 3. Ins. by Act 46 of 1999, s. 20 (w.e.f. 1-7-2002). 4. Subs. by Act 104 of 1976, s. 60, for rule 2 (w.e.f. 1-2-1977). 1 3 . Substance of examination to be written.— The substance of the examination shall be reduced to writing by the Judge, and shall form part of the record. The court-fee of ............. chargeable in respect to the summons has been realised on this Court in stamps. Dated ........................20 ......... Judge. No. 8 ORDER FOR TRANSMISSION OF SUMMIONS TO BE SERVED ON A PRISONER (o. 5, r. 25) (Title) T o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Superintendent of the Jail at........................................................................................................ ............................................. ............................................................................................................. UNDER the provisions of Order V, rule 24, of the Code of Civil Procedure, 1908, a summons in duplicate is herewith forwarded for service on the defendant..................who is...............a prisoner in jail. You are requested to cause a copy of the said summons to be served upon the said defendant and to return the original to this Court signed by the said defendant, with a statement of service endorsed thereon by you. Judge. ==> picture [29 x 13] intentionally omitted <== ORDER FOR TRANSMISSION OF SUMMONS TO BE SERVED ON A PUBLIC SERVANT OR SOLDIER ==> picture [76 x 30] intentionally omitted <== T o … … … … … … . … … … … … … . Section 2 And I further have the honour to request that you will be pleased to cause the answers of the said witnesses to be reduced into writing, and all books, letters, papers and documents produced upon such examination to be duly marked for identification, and that you will be further pleased to authenticate such examination by the seal of your tribunal, or in such other way as is in accordance with your procedure, and to return the same, together with such request in writing, if any, for the examination of other witnesses to the said Court. Note. —If the request is directed to a Foreign Court, the words "through[1] [the Ministry of External Affairs of the Government of India] for transmission" should be inserted after the words "other witnesses" in the last line of this form. 1. Subs. by the A. O. 1950, for "His Majesty's Secretary of State for Foreign Affairs". No. 9 COMMISSION FOR A LOCAL INVESTIGATION, OR TO EXAMINE ACCOUNTS. (O. 26, rr. 9,11.) (Title) To WHEREAS it is deemed requisite, for the purposes of this suit, that a commission for......................... should be issued; You are hereby appointed Commissioner for the purpose of............................................ Process to compel the attendance before you of any witnesses, or for the production of any documents whom or which you may desire to examine or inspect, will be issued by any Court having jurisdiction on your application. Section 2 ………………to restrain the defendant…………….. and……………………..from parting without of the custody of them or any of them or endorsing, assigning or negotiating the promissory note [ or bill of exchange] in question dated on or about the…………, etc., mentioned in the plaintiff's plaint [ or petition] and the evidence heard at this motion until the hearing of this suit, or until the further order of this Court. [ In Copyright cases ] …………… to restrain the defendant C.D., his servants, agents or workmen from printing, publishing or vending a book, called……………………..or any part thereof, until the, etc. [ Where part only of a book is to be restrained ] .………….to restrain the defendant C.D ., his servants, agents or workmen, from printing, publishing, selling or otherwise disposing of such parts of the book in the plaint [ or petition and evidence, etc.] mentioned to have been published by the defendant as hereinafter specified, namely, that part of the said book which is entitled………..and also that part which is entitled…………………….................[ or which is contained in page………..to page both inclusive] until ……………….., etc. 2. Particular interrogatories to be submitted.— On an application for leave to deliver interrogatories, the particular interrogatories proposed to be delivered shall be submitted to the Court[3] [and that court shall decide within seven days from the day of filing of the said application]. In deciding upon such application, the Court shall take into account any offer, which may be made by the party sought to be interrogated to deliver particulars, or to make admissions, or to produce documents relating to the matters in question, or any of them, and leave shall be given as to such only of the interrogatories submitted as the Court shall consider necessary either for disposing fairly of the suit or for saving costs. Notice is hereby given to you that the hearing of the suit is adjourned this day and that the................... day of..........................20....................................is now fixed for the hearing of the same; in default of your appearance on the day last mentioned the suit will be heard and determined in your absence. GIVEN under my hand and the seal of the Court, this .........................day of ............... 20....... Judge. No. 13 SUMMONS TO WITNESS (O. 16, rr. 1, 5) (Title) To ..................................................................[Name, description and place of resid ence. ] WHEREAS your attendance is required to................................................................................................ on behalf of the...........................................................................................................................in the above suit, you are hereby required [personally] to appear before this Court on the................................... day of .........20........, at.........o'clock in the forenoon, and to bring with you [ or to send to this……….Court]. A sum of Rs................, being your travelling and other expenses and subsistence allowance for one day, is herewith sent. If you fail to comply with this order without lawful excuse, you will be subject to the consequences of non-attendance laid down in rule 12 of Order XVI of the Code of Civil Procedure, 1908. Section 2 A sum of Rs...................................... , being your fee in the above, is herewith forwarded. GIVEN under my hand and the seal of the Court, this.............................day of......................20…….. Judge. No. 10 COMMISSION TO MAKE A PARTITION (O. 26, r. 13.). (Title) To WHEREAS it is deemed requisite for the purposes of this suit that a commission should be issued to make the partition or separation of the property specified in, and according to the rights as declared in, the decree of this Court, dated the.............................. day of.........................................20......................;You are hereby appointed Commissioner for the said purpose and are directed to make such inquiry as may be necessary, to divide the said property according to the best of your skill and judgment in the shares set out in the said decree, and to allot such shares to be several parties. You are hereby authorized to award sums to be paid to any party by any other party for the purpose of equalizing the value of the shares. Process to compel the attendance before you of any witness, or for the production of any documents, whom or which you may desire to examine or inspect, will be issued by any Court having jurisdiction on your application. A sum of Rs................, being your fee in the above, is herewith forwarded. GIVEN under my hand and the seal of the Court, this....................day of....................... 20…….. Section 2 [ In Patent cases ]……………..to restrain the defendant C. D ., his agents, servants and workmen, from making or vending any perforated bricks [ or as the case maybe ] upon the principle of the inventions in the plaintiff's plaint [ or petition, etc., or written statement, etc.,] mentioned, belonging to the plaintiffs, or either of them, during the remainder of the respective terms of the patents in the plaintiff's plaint [ or as the case may be ] mentioned, and from counterfeiting, imitating or resembling the same inventions, or either of them, or making any addition thereto, or subtraction therefrom, until the hearing, etc. [ In cases of Trade marks ]……………to restrain the defendant C.D ., his servants, agents or workmen, from selling, or exposing for sale, or procuring to be sold, any composition or blacking [ or as the case may be ] described as or purporting to be blacking manufactured by the plaintiff A.B ., in bottles having affixed thereto such labels as in the plaintiff's plaint [ or petition, etc .] mentioned, or any other labels so contrived or expressed as, by colourable imitation or otherwise, to represent the composition or blacking sold by the defendant to be the same as the composition or blacking manufactured and sold by the plaintiff A.B ., and from using trade-cards GIVEN under my hand and the seal of the Court, this............................day of.....................20............... Judge. NOTICE.—(1) If you are summoned only to produce a document and not to give evidence, you shall be deemed to have complied with the summons if you cause such document to be produced in this Court on the day and hour aforesaid. (2) If you are detained beyond the day aforesaid, a sum of Rs........................................will be tendered to you for each day's attendance beyond the day specified. No. 14 PROCLAMATION REQUIRING ATTENDANCE OF WITNESS (O. 16, r. 10) (Title) To ..................................................................[Name, description and place of residence . ] WHEREAS it appears from the examination on oath of the serving officer that the summons could not be served upon the witness in the manner prescribed by law; and whereas it appears that the evidence of the witness is material, and he absconds and keeps out of the way for the purpose of evading the service of the summons; This proclamation is, therefore, under rule 10 of Order XVI of the Code of Civil Procedure, 1908, issued requiring the attendance of the witness in this Court on the..................... day of................ 20......... at..........o'clock in the forenoon and from day to day until he shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt with according to law. 2. Rule 21 renumbered as sub-rule (1) by s. 61, ibid . (w.e.f. 1-2-1977). 3. Subs. by s. 61, ibid, . for "an order may be made accordingly" (w.e.f. 1-2-1977). 4. Ins. by s. 61, ibid . (w.e.f. 1-2-1977). Section 2 Judge. 1[ No.11 NOTICE TO CERTIFICATED, NATURAL, OR, de facto GUARDIAN (O. XXXII, r. 3.) (Title) (Certificated/Natural/de facto Guardian) To WHEREAS an application has been presented on the part of the plaintiff*/on behalf of the minor defendant*/in the above suit for the appointment of a guardian for the suit for the minor defendant, you (insert the name of the guardian appointed or declared by Court, or natural guardian, or the person in whose care the minor is) are hereby required to take notice that unless you appear before this Court on or before the day appointed for the hearing of the case and stated in the appended summons, and express your consent to act as guardian for the suit for the minor, the Court will proceed to appoint some other person to act as a guardian for the minor, for the purposes of the said suit. GIVEN under my hand and the seal of the Court, this........................... day of......................20……….. Judge. No. 11A NOTICE TO MINOR DEFENDANT ==> picture [95 x 13] intentionally omitted <== ==> picture [33 x 13] intentionally omitted <== T o Minor Defendant Section 2 so contrived or expressed as to represent that any composition or blacking sold or proposed to be sold by the defendant is the same as the composition or blacking manufactured or sold by the plaintiff A. B . until the etc. [ To restrain a partner from in any way interfering in the business. ] to restrain the defendant C.D ., his agents, and servants, from entering into any contract, and from accepting, drawing, endorsing or negotiating any bill of exchange, note or written security in the name of the partnership-firm of B. and D., and from contracting any debt, buying and selling any goods, and from making or entering into any verbal or written promise, agreement or undertaking, and from doing, or causing to be done, any act, in the name or on the credit of the said partnership-firm of B . and D ., or whereby the said partnershipfirm can or may in any manner become or be made liable to or for the payment of any sum of money, or for the performance of any contract, promise or undertaking until the, etc. No.[1] [9] APPOINTMENT OF A RECEIVER (O . 40, r. 1.) (Title) T o . . . .. . .. . .. . .. . .. . . . . . .. . .. . .. . .. . .. . . GIVEN under my hand and the seal of the Court, this ............... day of ............. 20………. .... judge. No. 15 PROCLAMATION REQUIRING ATTENDANCE OF WITNESS (O. 16, r. 10.) (Title) To ..................................................................[Name, description and place of resid ence. ] WHEREAS it appears from the examination on oath of the serving officer that the summons has been duly served upon the witness, and whereas it appears that the evidence of the witness is material and he has failed to attend in compliance with such summons : This proclamation is, therefore, under rule 10 of Order XVI of the Code of Civil Procedure, 1908, issued requiring the attendance of the witness in this Court on the.......day of.............. 20......... at........o'clock in the forenoon, and from day to day until he shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt with according to law. GIVEN under my hand and the seal of the Court, this....................day of........................20…………. Judge. No. 16 WARRANT OF ATTACHMENT OF PROPERTY OF WITNESS (O. 16, r. 10.) (Title) To The Bailiff of the Court. WHEREAS the witness..........................................................................................................................cited by 2. Notice to admit documents.— Either party may call upon the other party[1] [to admit, within 2[seven] days from the date of service of the notice any document,] saving all exceptions; and in case of refusal or neglect to admit, after such notice, the costs of proving any such document shall be paid by the party so neglecting or refusing, whatever the result of the suit may be, unless the Court otherwise directs; and no costs of proving any document shall be allowed unless such notice is given, except where the omission to give the notice is, in the opinion of the Court, a saving of expense. refusal or neglect to admit, after such notice, the costs of proving any such document shall be paid by 3[2A. Document to be deemed to be admitted if not denied after service of notice to admit documents.— (1) Every document which a party is called upon to admit, if not denied specifically or by necessary implication, or stated to be not admitted in the pleading of that party or in his reply to the notice to admit documents, shall be deemed to be admitted except as against a person under a disability: Provided that the Court may, in its discretion and for reasons to be recorded, require any document so admitted to be proved otherwise than by such admission. (2) Where a party unreasonably neglects or refuses to admit a document after the service on him of the notice to admit documents, the Court may direct him to pay costs to the other party by way of compensation.] ....................................................................................................................................has not, after the expiration of the period limited in the proclamation issued for his attendance, appeared in Court; You are hereby directed to hold under attachment................... property belonging to the said witness to the value................... of and to submit a return, accompanied with an inventory thereof, within…….. days. GIVEN under my hand and the seal of the Court, this.................................. day of............................. 20 ........................................ Judge. No. 17 WARRANT OF ARREST OF WITNESS (O. 16, r. 10) (Title) T o The Bailiff of the Court. WHEREAS.................................................................................has been duly served with a summons but has failed to attend (absconds and keeps out of the way for the purpose of avoiding service of a summons); You are hereby ordered to arrest and bring the said...................................................................before the Court. You are further ordered to return this warrant on or before the ................ day of........................... 20 ............ with an endorsement certifying the day on and the manner in which it has been executed, or the reason why it has not been executed. 2. Stage for application for summary judgment.— An applicant may apply for summary judgment at any time after summons has been served on the defendant: Provided that, no application for summary judgment may be made by such applicant after the Court has framed the issues in respect of the suit. 2. One of several defendants not at issue.—[2] [(1) Where there are more defendants than one, and any one of the defendants is not at issue with the plaintiff on any question of law or of fact, the Court may at once pronounce judgment for or against such defendant and the suit shall proceed only against the other defendants.] 3[(2) Whenever a judgment is pronounced under this rule, decree shall be drawn up in accordance with such judgment and the decree shall bear the date on which the judgment was pronounced.] 3 . Parties at issue.— (1) Where the parties are at issue on some question of law or of fact, and issues have been framed by the Court as hereinbefore provided, if the Court is satisfied that no further argument or evidence that the parties can at once adduce is required upon such of the issues as may be sufficient for the decision of the suit, and that no injustice will result from proceeding with the suit forthwith, the Court may proceed to determine such issues, and, if the finding thereon is sufficient for the decision, may 1. Subs. by Act 22 of 2002, s. 11, for rule 5 (w.e.f. 1-7-2002). GIVEN under my hand and the seal of the Court, this................... day of............................. 20………… Judge. No. 18 WARRANT OF COMMITTAL (O. 16, r. 16) (Title) T o The Officer in charge of the Jail at .......................................... WHEREAS the plaintiff ( or defendant) in the above-named suit has made application to this Court that security be taken for the appearance of...... give evidence ( or to produce a document), on the day of ....................................................................................................... 20 and whereas the Court has called upon the said.............to furnish such security, which he has failed to do; This is to require you to receive the said...........into your custody in the civil prison and to produce him before this Court at .....................................on the said day and on such other day or days as may be hereafter ordered. GIVEN under my hand and the seal of the Court, this ................... day of ............... 20 ............ Judge. No. 19 WARRANT OF COMMITTAL (O 16, r. 18) (Title) To The Officer in charge of the Jail at .................................. WHEREAS..........................., whose attendance is required before this Court in the above-named case to give evidence or to produce a document), has been arrested and brought before the Court in custody; and whereas owing to the absence of the plaintiff ( or defendant), the said...................cannot give such evidence ( or produce such document); and whereas the Court has called upon the said to..................togive security for his appearance on the.............................day……………….of................20................, at....................................which he has failed to do; This is to require you to receive the said....... into your custody in the civil prison and to produce him before this Court at............. on the................ day of............................... 20 GIVEN under my hand and the seal of the Court, this day of………………..20……………… Judge. APPENDIX C DISCOVERY, INSPECTION AND ADMISSION No. 1 ORDER FOR DELIVERY OF INTERROGATORIES (O. 11, r 1) In the Court of........................................................... Civil Suit No.....................of ..........................20 A. B . ................................................................ Plaintiff, against C.D.E.F . and G.H ...…....…. Defendants. 2. Rule 2 renumbered as sub-rule (1) by Act 104 of 1976, s. 65 (w.e.f. 1-2-1977). 3. Ins. by s. 65, ibid. (w.e.f. 1-2-1977). * Omitted by Act 4 of 2016, s. 16 and Sch., Shall be applicable to commercial disputes of a specified value (w.e.f. 23-10-2015). pronounce judgment accordingly, whether the summons has been issued for the settlement of issues only or for the final disposal of the suit: Provided that, where the summons has been issued for the settlement of issues only, the parties or their pleaders are present and none of them objects. (2) Where the finding is not sufficient for the decision, the Court shall postpone the further hearing of the suit, and shall fix a day for the production of such further evidence, or for such further argument as the case requires. 2. Orders to be passed in a Case Management Hearing.— In a Case Management Hearing, after hearing the parties, and once it finds that there are issues of fact and law which require to be tried, the Court may pass an order-- (a) framing the issues between the parties in accordance with Order XIV of the Code of Civil Procedure, 1908 (5 of 1908), after examining pleadings, documents and documents produced before it, and on examination conducted by the Court under Rule 2 of Order X, if required; - (b) listing witnesses to be examined by the parties; (c) fixing the date by which affidavit of evidence to be filed by parties; (d) fixing the date on which evidence of the witnesses of the parties to be recorded; (e) fixing the date by which written arguments are to be filed before the Court by the parties; (f) fixing the date on which oral arguments are to be heard by the Court; and (g) setting time limits for parties and their advocates to address oral arguments. 2. Orders to be passed in a Case Management Hearing.— In a Case Management Hearing, after hearing the parties, and once it finds that there are issues of fact and law which require to be tried, the court may pass an order— (a) framing the issues between the parties in accordance with Order XIV of the Code of Civil Procedure, 1908 (5 of 1908) after examining pleadings, documents and documents produced before it, and on examination conducted by the court under Rule 2 of Order X, if required; - (b) listing witnesses to be examined by the parties; - (c) fixing the date by which affidavit of evidence to be filed by parties; - (d) fixing the date on which evidence of the witnesses of the parties to be recorded; - (e) fixing the date by which written arguments are to be filed before the court by the parties; - (f) fixing the date on which oral arguments are to be heard by the court; and - (g) setting time limits for parties and their advocates to address oral arguments. 2. Expenses of witness to be paid into Court on applying for summons.— (1) The party applying for a summons shall, before the summons is granted and within a period to be fixed[4] [which shall not be later than seven days from the date of making applications under sub-rule (4) of rule 1] pay into Court such a sum of money as appears to the Court to be sufficient to defray the travelling and other expenses of the person summoned in passing to and from the Court in which he is required to attend, and for one day's attendance. (2) Experts .— In determining the amount payable under this rule, the Court may, in the case of any person summoned to give evidence as an expert, allow reasonable remuneration for the time occupied both in giving evidence and in performing any work of an expert character necessary for the case. (3) Scale of expenses .— Where the Court is subordinate to a High Court, regard shall be had, in fixing the scale of such expenses, to any rules made in that behalf. 5[(4) Expenses to be directly paid to witnesses .— Where the summons is served directly by the party on a witness, the expenses referred to in sub-rule (1) shall be paid to the witness by the party or his agent.] 3. Ins. by s. 66, ibid. (w.e.f. 1-2-1977). 13 . Mode of attachment 2. Rule 12 renumbered as sub-rule (1) by s. 66, ibid. (w.e.f. 1-2-1977). 3. Ins. by s. 66, ibid. (w.e.f. 1-2-1977). 13 . Mode of attachment.— The provisions with regard to the attachment and sale of property in the execution of a decree shall, so far as they are applicable, be deemed to apply to any attachment and sale under this Order as if the person whose property is so attached were a judgment-debtor. 2. Power to require attendance of prisoners to give evidence.— Where it appears to a Court that the evidence of a person confined or detained in a prison within the State is material in a suit, the Court may make an order requiring the officer in charge of the prison to produce that person before the Court to give evidence: Provided that, if the distance from the prison to the Court-house is more than twenty-five kilometers, no such order shall be made unless the Court is satisfied that the examination of such person on commission will not be adequate. 2. Procedure if parties fail to appear on day fixed.— Where, on any day to which the hearing of the suit is adjourned, the parties or any of them fail to appear, the Court may proceed to dispose of the suit in one of the modes directed in that behalf by Order IX or make such other order as it thinks fit. 1[ Explanation .—Where the evidence or a substantial portion of the evidence of any party has already been recorded and such party fails to appear on any day to which the hearing of the suit is adjourned, the Court may, in its discretion proceed with the case as if such party were present.] 2. Statement and production of evidence.— (1) On the day fixed for the hearing of the suit or on any other day to which the hearing is adjourned, the party having the right to begin shall state his case and produce his evidence in support of the issues which he is bound to prove. (2) The other party shall then state his case and produce his evidence (if any) and may then address the Court generally on the whole case. (3) The party beginning may then reply generally on the whole case. 3[(3A) Any party may address oral arguments in a case, and shall, before he concludes the oral arguments, if any, submit if the Court so permits concisely and under distinct headings written arguments in support of his case to the Court and such written arguments shall form part of the record. (3B) A copy of such written arguments shall be simultaneously furnished to the opposite party. (3C) No adjournment shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjourment. (3D) The Court shall fix such time-limits for the oral arguments by either of the parties in a case, as it thinks fit.] 2. The provisions of rule so far as they relate to the manner of taking evidence, are not applicable to the Chief Court of Oudh, see the Oudh Courts Act, 1925 (U. P. Act 4 of 1925), s. 16 . 2. The provisions of rules 6, 7, 8, 9, so far as they relate to the manner of taking evidence, are not applicable to the Chief Court of Oudh, see , s. 16 (2), ibid. 2. Power to order attendance of deponent for cross-examination.— (1) Upon any application evidence may be given by affidavit, but the Court may, at the instance of either party, order the attendance for cross-examination of the deponent. (2) Such attendance shall be in Court, unless the deponent is exempted from personal appearance in Court, or the Court otherwise directs. 2. Power to pronounce judgment written by judge's predecessor.—[6] [ A Judge shall] pronounce a judgment written, but not pronounced, by his predecessor. 1. Subs. by Act 66 of 1956, s. 14, for rule 1 (w.e.f. 1-1-1957). 2. The provisions of rules 1, 3, 4 and 5 are not applicable to the Chief Court of Oudh , see the Oudh Courts Act, 1925 (U. P. Act 4 of 1925), s. 16 (2) . 3. Subs. by Act 22 of 2002, s. 13, for sub-rule (1) (w.e.f. 1-7-2002), Earlier rule 1 renumbered as sub-rule (1) of that rule by Act 104 of 1976, s. 70 (w.e.f. 1-2-1977). 4. Ins. by Act 104 of 1976, s. 70 (w.e.f. 1-2-1977). 2. Costs to be awarded in accordance with the rules made by High Court.— The award of Costs under this rule shall be in accordance with such rules as the High Court may make in that behalf.] ORDER XXI Execution of Decrees and Orders Payment under Decree 2. In the application of the Act to Punjab, sub-rule (3) rep. by the Punjab Relief of Indebtedness Act, 1934 (Pun. Act 7 of 1934), s. 36. 3. Subs. by the A.O. 1937, for "Bombay or Rangoon". 4. Subs. by Act 104 of 1976, s. 72, for rule 5 (w.e.f. 1-2-1977). 2. Procedure where one of several plaintiffs or defendants dies and right to sue survives.— Where there are more plaintiffs or defendants than one, and any of them dies, and where the right to sue survives to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the Court shall cause an entry to the effect to be made on the record, and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants. 2. Limitation law not affected by first suit.— In any fresh suit instituted on permission granted under the last preceding rule, the plaintiff shall be bound by the law of limitation in the same manner as if the first suit had not been instituted. 2. Notice of deposit. —Notice of the deposit shall be given through the Court by the defendant to the plaintiff, and the amount of the deposit shall (unless the Court otherwise directs) be paid to the plaintiff on his application. 2. Effect of failure to furnish security .—(1) In the event of such security not being furnished within the time fixed, the Court shall make an order dismissing the suit unless the plaintiff or plaintiffs are permitted to withdraw therefrom. (2) Where a suit is dismissed under this rule, the plaintiff may apply for an order to set the dismissal aside and, if it is proved to the satisfaction of the Court that he was prevented by any sufficient cause from furnishing the security within the time allowed, the Court shall set aside the dismissal upon such terms as to security; costs or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit. (3) The dismissal shall not be set aside unless notice of such application has been served on the defendant. ORDER XXVI COMMISSIONS Commissions to examine witnesses 2. Order for commission.— An order for the issue of a commission for the examination of a witness may be made by the Court either of its own motion or on the application, supported by affidavit or otherwise, of any party to the suit or of the witness to be examined. 2. Persons authorised to act for Government.— Persons being ex officio or otherwise authorised to act for the Government in respect of any judicial proceeding shall be deemed to be recognised agents by whom appearances, acts and applications under this Code may be made or done on behalf of the Government. 2. Person so authorised may act personally or appoint pleader.— Any person authorised by an officer,[4] [soldier[5] [, sailor] or airman] to prosecute or defend a suit in his stead may prosecute or defend it in person in the same manner as the officer,[4] [soldier[5] [, sailor] or airman] could do if present; or he may appoint a pleader to prosecute or defend the suit on behalf of such officer,[4] [soldier[5] [, sailor] or airman]. 2. Service on corporation.— Subject to any statutory provision regulating service of process, where the suit is against a corporation, the summons may be served— (a) on the secretary, or on any director, or other principal officer of the corporation, or (b) by leaving it or sending it by post addressed to the corporation at the registered office, or if there is no registered office then at the place where the corporation carries on business. 2. Disclosure of partners' names. —(1) Where a suit is instituted by partners in the name of their firm, the plaintiffs or their pleader shall, on demand in writing by or on behalf of any defendant, forthwith declare in writing the names and places of residence of all the persons constituting the firm on whose behalf the suit is instituted. (2) Where the plaintiffs or their pleader fail to comply with any demand made under sub-rule (1) all proceedings in the suit may, upon an application for that purpose, be stayed upon such terms as the Court may direct. (3) Where the names of the partners are declared in the manner referred to in sub-rule (1) the suit shall proceed in the same manner, and the same consequences in all respects shall follow, as if they had been named as plaintiffs in the plaint: 2[Provided that all proceedings shall nevertheless continue in the name of the firm, but the name of the partners disclosed in the manner specified in sub-rule (1) shall be entered in the decree.] 2. Joinder of trustees, executors and administrators.— Where there are several trustees, executors or administrators, they shall all be made parties to a suit against one or more of them: Provided that the executors who have not proved their testator's will, and trustees, executors and administrators outside[1] [India], need not be made parties. 2. Where suit is instituted without next friend, plaint to be taken off the file.— (1) Where a suit is instituted by or on behalf of a minor without a next friend, the defendant may apply to have the plaint taken off the file, with costs to be paid by the pleader or other person by whom it was presented. (2) Notice of such application shall be given to such person, and the Court, after hearing his objections (if any) may make such order in the matter as it thinks fit. 3 [2A. Security to be furnished by next friend when so ordered.— (1) Where a suit has been instituted on behalf of the minor by his next friend, the Court may, at any stage of the suit, either of its own motion or on the application of any defendant, and for reasons to be recorded, order the next friend to give security for the payment of all costs incurred or likely to be incurred by the defendant. (2) Where such a suit is instituted by an indigent person, the security shall include the court-fees payable to the Government. (3) The provisions of rule 2 of Order XXV shall, so far as may be, apply to a suit where the Court makes an order under this rule directing security to be furnished.] 2. Proceedings to be held in camera.— In every suit or proceeding to which this Order applies, the proceedings may be held in camera if the Court so desires and shall be so held if either party so desires. 2. Contents of application.— Every application for permission to sue as an[2] [indigent person] shall contain the particulars required in regard to plaints in suits: a schedule of any movable or immovable property belonging to the applicant, with the estimated value thereof, shall be annexed thereto; and it shall be signed and verified in the manner prescribed for the signing and verification of pleadings. 1. Subs. by Act 104 of 1976, s. 81, for "Suits by Paupers" (w.e.f . 1-2-1977). 2. Subs. by s. 81, ibid., for "pauper" (w.e.f. 1-2-1977). 3. Subs. by s. 81, ibid ., for the Explanation (w.e.f. 1-2-1977). 4. Ins. by s. 81, ibid . (w.e.f. 1-2-1977). 2. Sub-clause (ii) omitted by Act 66 of 1956, s. 14 (w.e.f. 1-1-1957). 3. Subs. by s. 14, ibid ., for certain words (w.e.f. 1-1-1957). 4. Subs. by s. 14, ibid., for clause (b) (w.e.f. 1-1-1957). 2. Payment of thing claimed into Court.— Where the thing claimed is capable of being paid into Court or placed in the custody of the Court, the plaintiff may be required to so pay or place it before he can be entitled to any order in the suit. 3. Ins. by s. 82, ibid. (w.e.f. 1-2-1977). 5. Agents and tenants may not institute interpleader suits 2. Rule 15 renumbered as sub-rule (1) by Act 104 of 1976, s. 82 (w.e.f. 1-2-1977). 3. Ins. by s. 82, ibid. (w.e.f. 1-2-1977). 2. Where value of subject-matter must be stated.— Where the agreement is for the delivery of any property, or for the doing, or the refraining from doing, any particular act, the estimated value of the property to be delivered, or to which the act specified has reference, shall be stated in the agreement. 2. Security.— (1) Where the defendant fails to show such cause the Court shall order him either to deposit in Court money or other property sufficient to answer the claim against him, or to furnish security for his appearance at any time when called upon while the suit is pending and until satisfaction of any decree that may be passed against him in the suit, or make such order as it thinks fit in regard to the sum which may have been paid by the defendant under the proviso to the last preceding rule. (2) Every surety for the appearance of a defendant shall bind himself, in default of such appearance, to pay any sum of money which the defendant may be ordered to pay in the suit. 2. Injunction to restrain repetition or continuance of breach.— (1) In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the Court for a temporary injunction to restrain the defendant from committing the breach of contract or injury complained, of, or any breach of contract or injury of a like kind arising out of the same contract or relating to the same property or right. 1. Ins. by Act 104 of 1976, s. 85 (w.e.f. 1-2-1977). 2. Ins. by Act 1 of 1926, s. 4. 3. Subs. by Act 104 of 1976, s. 86, for "defraud" (w.e.f. 1-2-1977). 4. Ins. by s. 86, ibid. (w.e.f. 1-2-1977). (2) The Court may by order grant such injunction, on such terms as to the duration of the injunction, keeping an account, giving security, or otherwise, as the Court thinks fit. 1* * * * * 2. Remuneration.— The Court may by general or special order fix the amount to be paid as remuneration for the services of the receiver. 2. Grounds which may be taken in appeal.— The appellant shall not, except by leave of the Court, urge or be heard in support of any ground of objection not set forth in the memorandum of appeal; but the Appellate Court, in deciding the appeal, shall not be confined to the grounds of objections set forth in the memorandum of appeal or taken by leave of the Court under this rule: Provided that the Court shall not rest its decision on any other ground unless the party who may be affected thereby has had a sufficient opportunity of contesting the case on that ground. 2. Rule 30 re-numbered as sub-rule (1) by Act 104 of 1976, s. 87. (w.e.f. 1-2-1977). judgment in open Court, either at once or on some future day of which notice shall be given to the parties or their pleaders. 1[(2) Where a written judgment is to be pronounced, it shall be sufficient if the points for determination, the decision thereon and the final order passed in the appeal are read out and it shall not be necessary for the Court to read out the whole judgment, but a copy of the whole judgment shall be made available for the perusal of the parties or their pleaders immediately after the judgment is pronounced.] 2. Procedure.— The rules of Order XLI shall apply, so far as may be, to appeals from orders. ORDER XLIV 3[APPEALS BY INDIGENT PERSONS] 2. Application to Court whose decree complained of. —[2] [(1)] Whoever desires to appeal[3] [the Supreme Court] shall apply by petition to the Court whose decree is complained of. [4] [(2) Every petition under sub-rule (1) shall be heard as expeditiously as possible and endeavour shall be made to conclude the disposal of the petition within sixty days from the date on which the petition is presented to the Court under sub-rule (1).] 2. Rule 2 re-numbered as sub-rule (1) of that rule by Act 104 of 1976, s. 91 (w.e.f. 1-2-1977). 3. Subs. by the A.O. 1950, for "His Majesty in Council". 4. Ins. by Act 104 of 1976, s. 91 (w.e.f. 1-2-1977). 5. Subs. by Act 49 of 1973, s. 4, for sub-rule (1). 6. Subs. by Act 26 of 1920, s. 3, for "six months". 7. Ins. by s. 3, ibid. 8. Ins. by the A.O. 1950. 9. Subs., ibid., for "order of His Majesty in Council". (3) accounts, or portions of accounts, which the officer empowered by the Court for that purpose considers unnecessary, and which the parties have not specifically asked to be included; and (4) such other documents as the High Court may direct to be excluded: 1[Provided that the Court at the time of granting the certificate may, after hearing any opposite party who appears, order on the ground of special hardship that some other form of security may be furnished: Provided further, that no adjournment shall be granted to an opposite party to contest the nature of such security.] 2* * * * * 2. Sub-rule (2) omitted by the A.O. 1950. 3. Subs. by the A.O. 1950, for "His Majesty in Council". 4. Ins. by Act 26 of 1920, s. 4. 2. Court may pass decree contingent upon decision of High Court.— The Court may either stay the proceedings or proceed in the case notwithstanding such reference, and may pass a decree or make an order contingent upon the decision of the High Court on the point referred: But no decree or order shall be executed in any case in which such reference is made until the receipt of a copy of the judgment of the High Court upon the reference. 3. Form of applications for review 2. [To whom applications for review may be made . ] —Rep. by the Code of Civil Procedure (Amendment) Act , 1956 (66 of 1956) s. 14. 2. Saving in respect of Chartered High Courts.— Nothing in this Schedule shall be deemed to limit or otherwise affect any rules in force at the commencement of this Code for the taking of evidence or the recording of judgments and orders by a Chartered High Court. 2. The defendant has not paid the same, except…………..rupees paid on the……….day of…………20………….. - [ If the plaintiff claims exemption from any law of limitation, say :—] 2. The plaintiff procured the said bars to be assayed by E.F. who was paid by the defendant for such assay, and E.F. declared each of the bars to contain 1,500 tolas of fine silver, and the plaintiff accordingly the defendant…………. rupees. 2. The defendant promised to pay………….. rupees for the said goods on delivery [ or on the……… day of…………. some day before the plaint was filed ] . 3. He has not paid the same. 2. The plaintiff made the goods, and on the…………….day of……………20………. , offered to deliver them to E.F ., and has ever since been ready and willing so to do. 2. The defendant purchased [ one crate of crockery ] at the auction at the price of…… rupees. 2. That the use of the said premises for the said period was reasonably worth……………..rupees. 2. On the…………. ….day of……………………20….., the arbitrators awarded that the defendant should [pay the plaintiff rupees]. 2. The defendant has not paid the money. [ As in paras. 4 and 5 of Form No. 1, and Relief claimed. ] No. 12 AGAINST SURETY FOR PAYMENT OF RENT (Title) A. B., the above-named plaintiff, states as follows:— 2. The defendant agreed, in consideration of the letting of the premises to E.F. to gurantee the punctual payment of the rent. 2. On the…………. day of………….……20..….., the plaintiff, being then the absolute owner of the property [and the same being free from all incumbrances, as was made to appear to the defendant], tendered to the defendant a sufficient instrument of transfer of the same [ or, was ready and willing, and is still ready and willing, and offered, to transfer the same to the defendant by a sufficient instrument] on the payment by the defendant of the money agreed upon. 2. On the [said] day the plaintiff was ready and willing, and offered, to pay the defendant the said sum upon delivery of the goods. 2. On the………….. day of……….……20..…..., the plaintiff entered upon the service of the defendant and has ever since been, and still is, ready and willing to continue in such service during the remainder of the said year whereof the defendant always has had notice. 2. The plaintiff has always been ready and willing to perform his part of the agreement [and on the day of…….…….20…..…., offered so to do]. 2. In consideration thereof, on the………day of…….……20………, the defendant agreed with plaintiff that if E.F. should not faithfully perform his duties as a clerk to the plaintiff, or should fail to account to the plaintiff for all monies, evidences of debt or other property received by him for the use of the plaintiff, the defendant would pay to the plaintiff whatever loss he might sustain by reason thereof, not exceeding………..rupees. [ Or, 2. In consideration thereof, the defendant by his bond of the same date bound himself to pay the plaintiff the penal sum of………rupees, subjects to the condition that if E.F. should faithfully perform his duties as clerk and cashier to the plaintiff and should justly account to the plaintiff for all monies, evidences of debt or other property which should be at any time held by him in trust for the plaintiff, the bond should be void.] [ Or, 2. In consideration thereof, on the same date the defendant executed a bond in favour of the plaintiff, and the original document is hereto annexed.] 2. All conditions were fulfilled and all things happened necessary to entitle the plaintiff to maintain this suit. 2. The plaintiff duly performed all the conditions of the agreement on his part. 2. The plaintiff was thereby induced to sell [and deliver] to the defendant, [dry goods] of the value of ........................ rupees. 2. The plaintiff was thereby induced to sell to E.F., (rice) of the value of........ rupees [on.........months credit]. 2. On the........... day of ............20.........., the defendant wrongfully fouled and polluted the well and the water therein and the springs and streams of water which flowed into the well. 2. Ever since the.................. day of....................20....., the defendant has wrongfully caused to issue from certain smelting works carried on by the defendant large quantities of offensive and unwholesome smoke and other vapours and noxious matter, which spread themselves over and upon the said lands, and corrupted the air, and settled on the surface of the lands. 2. He was entitled to a right of way from the [house] over a certain field to a public highway and back again from the highway over the field to the house, for himself and his servants [with vehicles, or on foot] at all times of the year. 2. Thereby the plaintiff, while lawfully passing along the said highway, fell over the said earth and stones, [ or into the said trench] and broke his arm, and suffered great pain, and was prevented from attending to his business for a long time, and incurred expense for medical attendance. [ As in paras. 4 and 5 of Form No. 1, and relief claimed. ] No. 27 DIVERTING A WATER-COURSE (Title) A . B., the above-named plaintiff, states as follows:— 2. By reason of such possession the plaintiff was entitled to the flow of the stream for working the mill. 2. On the.................day of.......................20.........., the defendant prevented the plaintiff from taking and using the said portion of the said water as aforesaid, by wrongfully obstructing and diverting the said stream. [ As in paras. 4 and 5 of Form No. 1, and relief claimed. ] No. 29 INJURIES CAUSED BY NEGLIGENCE ON A RAILROAD (Title) A. B., the above-named plaintiff, states as follows:— 2. On that day the plaintiff was a passenger in one of the carriages of the defendants on the said railway. 2. On the …………. day of …………………20………, the plaintiff was walking southward along Chowringhee, in the City of Calcutta, at about 3 o'clock in the afternoon. He was obliged to cross Middleton Street, which is a street running into Chowringhee at right angles. While he was crossing this street, and just before he could reach the foot pavement on the further side thereof, a carriage of the defendant's, drawn by two horses under the charge and control of the defendant's servants, was negligently, suddenly and without any warning turned at a rapid and dangerous pace out of Middleton Street into Chowringhee. The pole of the carriage struck the plaintiff and knocked him down, and he was much trampled by the horses. 2. In so doing the defendant acted maliciously and without reasonable or probable cause. 2. From that day until the commencement of this suit the defendant has detained the same from the plaintiff 2. The plaintiff was thereby induced to sell and deliver to C.D., [one hundred boxes of tea], the estimated value of which is ……………… rupees. 2. The plaintiff was thereby induced to purchase the same at the price of ……………….rupees in the belief that the said representation was true, and signed an agreement, of which the original is hereto annexed. But the land has not been transferred to him. 2. The defendant is in possession of the same under a lease from the plaintiff. 2. The defendant is, and at all the said times was, the absolute owner of [a plot of ground in the same street................]. 2. On the.............. day of...............20......, he deposited the same for the safe-keeping with the defendant. 2. The will was proved by the defendant on the...............................day of........................The plaintiff has not been married. 2. The following are the particulars of the mortgage:— - (a) (date); (b) (names of mortgagor and mortgagee); (c) (sum secured); - (d) (rate of interest); (e) (Property subject to mortgage); - (f) (amount now due); (g) (if the plaintiff's title is derivative, state shortly the transfers or devolution under which he claims). (If the plaintiff is mortgagee in possession add) 2. The following are the particulars of the mortgage:— - (a) (date); - (b) (names of mortgagor and mortgagee); - (c) (sum secured); (d) (rate of interest); 1. Subs. by Act 104 of 1976 s. 93, for "a decree for the balance" (w.e.f. 1-2-1977). (e) (property subject to mortgage); (f) ( If the plaintiff's title is derivative, state shortly the transfers or devolution under which he claims). (If the defendant is mortgagee in possession, add) 2. The plaintiff has applied to the defendant specifically to perform the agreement on his part, but the defendant has not done so. 2. On the...........day of...............20............, the plaintiff tendered……………. rupees to the defendant, and demanded a transfer of the said property by a sufficient instrument. 2. Several disputes and differences have arisen between the plaintiff and defendant as such partners whereby it has become impossible to carry on the business in partnership with advantage to the partners, [or the defendant has committed the following breaches of the partnership articles:— (1) (2) (3) .] [ As in paras. 4 and 5 of Form No. 1. ] — 5. The plaintiff claims (1) dissolution of the partnership; (2) that accounts be taken; (3) that a receiver be appointed. (N.B.—In suits for the winding-up of any partnership, omit the claim for dissolution; and instead insert a paragraph stating the facts of the partnership having been dissolved) . 2. The defendant made payment to the plaintiff on the day according to the condition of the bond. 3. The defendant made payment to the plaintiff after the day named and before suit of the principal and interest mentioned in the bond. No. 3 DEFENCE IN SUITS ON GUARANTEES 1. The principal satisfied the claim by payment before suit. 2. The defendant was released by the plaintiff giving time to the principal debtor in pursuance of a binding agreement. No. 4 DEFENCE IN ANY SUITS FOR DEBT 2. As to the whole [ or as to Rs...................... , part of the money claimed] the defendant made tender before suit of Rs.........and has paid the same into Court. No. 5 DEFENCE IN SUITS FOR INJURIES CAUSED BY NEGLIGENT DRIVING 2. The defendant does not admit that the said carriage was turned out of Middleton Street either negligently, suddenly or without warning, or at a rapid or dangerous pace. 2. The good were detained for a lien to which the defendant was entitled. Particulars are as follows:— 1907, May 3rd To carriage of the goods claimed from Delhi to Calcutta:— 45 maunds at Rs. 2 per maund.................Rs. 90. No. 8 DEFENCE IN SUITS FOR INFRINGEMENT OF COPYRIGHT 1. The plaintiff is not the author [ assignee, etc .] 2. The book was not registered. 2. The plaintiff's lights will not be materially interfered with by the defendant's buildings. 2. The mortgage was not transferred to the plaintiff (if more than one transfer is alleged, say which is denied). 2. The defendant applied the whole of the said sums and the sum of Rs....................... ..........which the defendant received from rents of the immovable property in the payment of the funeral and testamentary expenses and some of the debts of the testator. 2. The deceased at the time the said will and codicil respectively purport to have been executed, was not of sound mind, memory and understanding. 2. Has not, etc. ==> picture [119 x 13] intentionally omitted <== [ The defendant E.F. is required to answer the interrogatories numbered......................... ] [ The defendant G. H. is required to answer the interrogatories numbered ...................... ] No. 3 ANSWER TO INTERROGATORIES ==> picture [61 x 13] intentionally omitted <== ==> picture [112 x 13] intentionally omitted <== The answer of the above-named defendant E. F ., to the interrogatories for his examination by the above-named plaintiff. In answer of the said interrogatories, I, the above-named E. F ., make oath and say as follows:— 2 . Enter answers to interrogatories in paragraphs numbered consecutively. 2. I object to produce the said documents set forth in the second part of the first schedule hereto [ state grounds of objection. ] 2. And it is hereby further ordered and decreed that any amount received under clause (ii) or adjudged due under clause (iv) above, together with interest thereon, shall first be adjusted against any sums paid by the plaintiff under clause (iii) together with interest thereon, and the balance, if any, shall be added to the mortgage-money or, as the case may be, debited in reduction of the amount due to the plaintiff on 1. Subs. by Act 21 of 1929, s. 8 and Sch., for the original forms 3 to 11. account of interest on the principal sum adjudged due, and thereafter in reduction or discharge of the principal. 2. And it is hereby further ordered and decreed that any amount received under clause (ii) or adjudged due under clause (iv) above, together with interest thereon, shall first be adjusted against any sums paid by the plaintiff under clause (iii) , together with interest thereon, and the balance, if any, shall be added to the mortgage-money or, as the case may be, be debited in reduction of the amount due to the plaintiff on account of interest on the principal sum adjudged due and thereafter in reduction or discharge of the principal. 2. It is hereby further ordered and decreed that any amount received under clause (ii) or adjudged due under clause (iv) above together with interest thereon, shall be adjusted against any sums paid by the defendant under clause (iii) together with interest thereon, and the balance, if any, shall be added to the mortgage-money or, as the case may be, be debited in reduction of the amount due to the defendant on 1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11. account of interest on the principal sum adjudged due and thereafter in reduction or discharge of the principal. 2. And it is hereby further ordered and decreed that any amount received under clause (ii) or adjudged due under clause (iv) above, together with interest thereon, shall first be adjusted against any sums paid by the defendant under clause (iii) together with interest thereon, and the balance, if any, shall be added to the mortgage-money, or, as the case may be, be debited in reduction of the amount due to the defendant on account of interest on the principal sum adjudged due and thereafter in reduction or discharge of the principal. 2. And it is hereby ordered and decreed as follows:— (i) that the plaintiff do pay into Court on or before the.………….. day of …………. or any later date up to which time for payment may be extended by the Court the said sum of Rs. …………… (ii) that, on such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such cost of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the defendant shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the plaintiff, or to such person as he appoints, and the defendant shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by the defendant or any person claiming under him or any person under whom he claims, and free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said property. 2. And it is hereby ordered and decreed as follows:— (i) that the plaintiff do pay into Court on or before the ………… day of …………… or any later date up to which time for payment may be extended by the Court the said sum of Rs. …………… ; 1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11. (ii) that, on such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the defendant shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the plaintiff or such person as he appoints, and the defendant shall, if so required, re-convey or re-transfer the said property to the plaintiff free from the said mortgage and clear of and from all incumbrances created by the defendant or any person claiming under him or any person under whom he claims and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said property. 2. And it is hereby further declared that the whole of the liability whatsoever of the plaintiff up to this day arising from the said mortgage mentioned in the plaint or from this suit is hereby discharge and extinguished. 1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11. * Words not required to be deleted. 1[ No. 7E FINAL DECREE FOR SALE IN A REDEMPTION ON SUIT ON DEFAULT OF PAYMENT BY MORTGAGOR (Order XXXIV, rule 8) (Title) Upon reading the preliminary decree in this suit on the ……………. day of ……………….. and further order (if any) dated the …………….. day of ……………….. , and the application of the defendant dated the ……………… day of ………………. for a final decree and after hearing the parties, and it appearing that the payment directed by the said decree and orders has not been made by the plaintiff or any person on his behalf or any other person entitled to redeem the mortgage; It is hereby ordered and decreed that the mortgaged property in the aforesaid preliminary decree mentioned or a sufficient part thereof be sold and that for the purposes of such sale the defendant shall produce before the Court, or such officer as it appoints, all documents in his possession or power relating to the mortgaged property. 2. It is further declared that the plaintiff is entitled to payment of the amount due to him in priority to defendant No. 2[*] [or (if there are several subsequent mortgagees) that the several parties hereto are entitled in the following order to the payment of the sums due to them respectively:—]. 2. It is further declared that defendant No. 2 is entitled to payment of the amount due to him in priority to the plaintiff *[or ( if there are several subsequent mortgages) that the several parties hereto are entitled in following order to the payment of the sums due to them respectively:—] 2. That an accounts be taken of the legacies given by the testators will , — In suits by next-of-kin 2. Let the …………………* of the said Court tax the costs of the plaintiff and defendant in this suit, and let the amount of the said costs, when so taxed, be paid out of the said sum of Rs. ……………. ordered to be paid into Court as aforesaid, as follows:— (a) The costs of the plaintiff to Mr. ………………., his attorney [or pleader] or and the costs of the defendant to Mr. ……………… , his attorney [or pleader]. (b) And (if any debts are due) with the residue of the said sum of Rs. …………….. after payment of the plaintiff's and defendant's costs as aforesaid let the sums, found to be owing to the several creditors mentioned in the…………….schedule to the certificate, of the …………...*, together with subsequent interest on such of the debts as bear interest, be paid; and, after making such payments, let the amount coming to the several legatees mentioned in the ………………. schedule, together with subsequent interest (to be verified as aforesaid), be paid to them. 2. And it is ordered that an account be taken of what is due for principal and interest on the said legacy. 2. In payment of the costs of all parties in this suit, amounting to Rs. ……………….. [ These costs must be ascertained before the decree is drawn up .] 2. That the defendant do pay to the plaintiff the sum of Rs. ………..... with interest thereon at the rate of ……….… per cent. per annum to the date of realization on account of mesne profits which have accrued due prior to the institution of the suit. Or 2. That an inquiry be made as to the amount of mesne profits which have accrued due prior to the institution of the suit. 2. The word "annas" omitted by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977). 1[No. 16A AFFIDAVIT OF ASSETS TO BE MADE BY A JUDGMENT-DEBTOR ORDER 21, RULE 41(2)] In the Court of A.B………………………….. Decree-holder Vs. C…………………………… Judgment-debtor I of ………………………………. oath state on as follows:— solemn affirmation 1. My full name is ………………………………… - (Block capitals) 2. I live at - *3. I am........................... married single widower (widow) divorced 4. The following persons are dependent upon me:— 2. The amount by which the biddings are to be increased shall be determined by the officer conducting the sale. In the event of any dispute arising as to the amount bid, or as to the bidder, the lot shall at once be again put up to auction. 2. I am sufficiently conversant with the facts of the case and have also examined all relevant documents and records in relation thereto. THE SECOND SCHEDULE.—[ Arbitration .] Rep. by the Arbitration Act, 1940 (10 of 1940), s . 49 (1) and III Sch .

Source: India Code

Section 2. Discovery by interrogatories

How this section changed