In force · As amended up to 2026-08
13. We are sensible that there may be defects and flaws in the Bill which we appena to this Report. The subject is complicated and technical and the time at our disposal has been limited. We do not doubt therefore that much improvement may be made in the Bill before it is finally passed in to law. But in our opinion it is framed on the right lines. We believe for the reasons we have stated that in any reform of civil Procedure it is essential to introduce some elasticity to give wider powers of control to the High Courts, and to invest them with a larger discretion in regard to the conduct of cases which come before them. Mr. Dikshit, Subordinate Judge from Bombay, has been present throughout our deliberations, and we take this opportunity of acknowledging the help we have derived from his experience of the working of the Code in the mofussil. We desire also to record our acknowledgements of the services of Mr. Law of the Legislative Department who has attended to the clerical and press work to our entire satisfaction
Simla;
August, 31st, 1907. H. ERLE RICHARDS.
3. The adoption of this principle has necessarily involved a departure from the arrangement of the present Code, but in other respects we have advisedly adhered as closely as possible to the existing language, the meaning of which is now well understood by Courts and by practitioners. Speaking generally, it may be said that we have only departed from the phraseology of the Code where experience has suggested improvements or competent authority has called for some change. We have refrained from altering the wording merely because it might be capable of improvement: for in any change, even of a verbal character, there is a risk of opening a door to fresh litigation. In the amendments that we have introduced we have endeavoured to state general rules of procedure rather than to provide in detail for every possible contingency; for we hold it to be a sound view that excessive elaboration of details of procedure tends to cramp the actions of the Court and in consequence to encourage technicalities. For this reason we have made no attempt to embody in the Code a digest of the very numerous decisions on the
3. Service of process on recognized agent.— (1) Processes served on the recognised agent of a party shall be as effectual as if the same had been served on the party in person, unless the Court otherwise directs.
(2) The provisions for the service of process on a party to a suit shall apply to the service of process on his recognised agent.
2 [4. Appointment of pleader.— (1) No pleader shall act for any person in any Court, unless he has been appointed for the purpose by such person by a document in writing signed by such person or by his recognized agent or by some other person duly authorised by or under a power-of-attorney to make such appointment.
(2) Every such appointment shall be[3] [filed in Court and shall, for the purposes of sub-rule (1) , be] deemed to be in force until determined with the leave of the Court by a writing signed by the client or the pleader, as the case may be, and filed in Court, or until the client or the pleader dies, or until all proceedings in the suit are ended so far as regards the client.
4[ Explanation. —For the purposes of this sub-rule, the following shall be deemed to be proceedings in the suit,—
(a) an application for the review of decree or order in the suit,
(b) an application under section 144 or under section 152 of this Code, in relation to any decree or order made in the suit,
(c) an appeal from any decree or order in the suit, and
3. This rule has been applied to suits for the recovery of rent under the Chota Nagpur Tenancy Act, 1908 (Ben. 6 of 1908) s. 265.
4. Subs. by Act 104 of 1976, s. 57, for certain words (w.e.f. 1-2-1977).
1[ Explanation.— For the removal of doubts, it is hereby declared that a Court of appeal or revision may direct after setting aside the decree passed in a suit, the return of the plaint under this sub-rule.]
(2) Procedure on returning plaint. —On returning a plaint, the Judge shall endorse thereon the date of its presentation and return, the name of the party presenting it, and a brief statement of the reasons for returning it.
1 [10A. Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return.— (1) Where, in any suit, after the defendant has appeared, the Court is of opinion that the plaint should be returned, it shall, before doing so, intimate its decision to the plaintiff.]
(2) Where an intimation is given to the plaintiff under sub-rule (1) , the plaintiff may make an application to the Court—
(a) specifying the Court in which he proposes to present the plaint after its return,
(b) praying that the Court may fix a date for the appearance of the parties in the said Court, and
(c) requesting that the notice of the date so fixed may be given to him and to the defendant.
3. Denial to be specific . — It shall not be sufficient for a defendant in his written statement to deny generally the grounds alleged by the plaintiff, but the defendant must deal specifically with each allegation of fact of which he does not admit the truth, except damages.
* [3A. Denial by the defendant in suits before the Commercial Division of the High Court or the Commercial Court .—(1) Denial shall be in the manner provided in sub-rules (2), (3), (4) and (5) of this Rule.
(2) The defendant in his written statement shall state which of the allegations in the particulars of plaint he denies, which allegations he is unable to admit or deny, but which he requires the plaintiff to prove, and which allegations he admits.
(3) Where the defendant denies an allegation of fact in a plaint, he must state his reasons for doing so and if he intends to put forward a different version of events from that given by the plaintiff, he must state his own version.
(4) If the defendant disputes the jurisdiction of the Court he must state the reasons for doing so, and if he is able, give his own statement as to which Court ought to have jurisdiction.
(5) If the defendant disputes the plaintiff's valuation of the suit, he must state his reasons for doing so, and if he is able, give his own statement of the value of the suit.]
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).―
3. Inspection. —(1) All parties shall complete inspection of all documents disclosed within thirty days of the date of filing of the written statement or written statement to the counter-claim, whichever is later. The Court may extend this time limit upon application at its discretion, but not beyond thirty days in any event.
(2) Any party to the proceedings may seek directions from the Court, at any stage of the proceedings, for inspection or production of documents by the other party, of which inspection has been refused by such party or documents have not been produced despite issuance of a notice to produce.
(3) Order in such application shall be disposed of within thirty days of filing such application, including filing replies and rejoinders (if permitted by Court) and hearing.
(4) If the above application is allowed, inspection and copies thereof shall be furnished to the party seeking it, within five days of such order.
(5) No party shall be permitted to rely on a document, which it had failed to disclose or of which inspection has not been given, save and except with leave of Court.
(6) The Court may impose exemplary costs against a defaulting party, who wilfully or negligently failed to disclose all documents pertaining to a suit or essential for a decision therein and which are in
3. Compromise of suit.— Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise[1] [in writing and signed by the parties], or where the defendant satisfied the plaintiff in respect to the whole or any part of the subject-matter of the suit, the Court shall order such agreement, compromise or satisfaction to be recorded, and shall pass a decree in accordance therewith[[2]] [so far as it relates to the parties to the suit, whether or not the subject-matter of the agreement, compromise or satisfaction is the same as the subject-matter of the suit:]
decree in accordance therewith[[2]] [so far as it relates to the parties to the suit, whether or not the
1[Provided that where it is alleged by one party and denied by the other that an adjustment or satisfaction has been arrived at, the Court shall decide the question; but not adjournment shall be granted for the purpose of deciding the question, unless the Court, for reasons to be recorded, thinks fit to grant such adjournment.]
1[ Explanation.— An agreement or compromise which is void or voidable under the Indian Contract Act, 1872 (9 of 1872), shall not he deemed to be lawful within the meaning of this rule.]
1 [3A. Bar to suit.— No suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful.
3. Guardian for the suit to be appointed by Court for minor defendants.— (1) Where the defendant is a minor the Court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian for the suit for such minor.
(2) An order for the appointment of a guardian for the suit may be obtained upon application in the name and on behalf of the minor or by the plaintiff.
1. Subs. by Act 2 of 1951, s. 3, for "the States".
2. Ins. by Act 104 of 1976, s. 79 (w.e.f. 1-2-1977).
3. Ins. by s. 79, ibid. (w.e.f. 1-2-1977).
(3) Such application shall be supported by an affidavit verifying the fact that the proposed guardian has no interest in the matters in controversy in the suit adverse to that of the minor and that he is a fit person to be so appointed.
(4) Order shall be made on any application under this rule except upon notice[1] * to any guardian of the minor appointed or declared by an authority competent in that behalf, or, where there is no such guardian[2] [upon notice to the father or where there is no father, to the mother, or where there is no father or mother, to other natural guardian] of the minor, or, where there is[2] [no father, mother or other natural guardian], to the person in whose care the minor is, and after hearing any objection which may be urged on behalf of any person served with notice under this sub-rule.
3. Cls. (b), (e), (g), (h), (m) , (o) and (v) omitted by s. 89, ibid, ( w.e.f. 1-2-1977).
1[(ja) an order rejecting an application made under sub-rule (1) of rule 106 of Order XXI, provided that an order on the original application, that is to say, the application referred to in sub-rule (1) of rule 105 of that Order is appealable;]
(k) an order under rule 9 of Order XXII refusing to set aside the abatement or dismissal of a suit;
(l) an order under rule 10 of Order XXII giving or refusing to give leave;
2* * * * * (n) an order under rule 2 of Order XXV rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit;
1 [(na) an order under rule 5 or rule 7 of Order XXXIII rejecting an application for permission to sue as an indigent person;] 2* * * * *
(p) orders in interpleader-suits under rule 3, rule 4 or rule 6 of Order XXXV;
(q) an order under rule 2, rule 3 or rule 6 of Order (XXVIII);
(r) an order under rule 1, rule 2[1] [rule 2A], rule 4 or rule 10 of Order XXXIX;
(s) an order under rule 1, or rule 4 of Order XL;
(t) an order of refusal under rule 19 of Order XLI to re-admit, or under rule 21 of Order XLI to
re-hear, an appeal;
(u) an order under rule 23[1] [or rule 23A] of Order XLI remanding a case, where an appeal would lie from the decree of the Appellate Court;
2* * * * *
3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff may apply to the Court for a final decree that the defendant shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said property; and that the parties shall be at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.
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Upon reading the preliminary decree passed in this suit on the……… day of................................... and further orders (if any) dated the…………..day of…………......and the application of the plaintiff 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 defendant or any person on his behalf or any other person entitled to redeem the said mortgage.
3. And it is hereby further ordered that the said Commissioner shall present the account to this Court with all convenient despatch after making all just allowances on or before the …………… day of……………. , and that upon such report of the Commissioner being received, it shall be confirmed and countersigned, subject to such modification as may be necessary after consideration of such objections as the parties to the suit may make.
4. And it is hereby further ordered and decreed—
(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, such sum as the Court shall find due and the sum of Rs. ………………… for the costs of the suit awarded to the defendant;
3. And it is hereby ordered and decreed as follows:—
(i) (a) that defendants or one of them do pay into Court on or before the ………................... day of ……..…….. or any later date up to which time for payment has been extended by the Court the said sum of Rs. …………….. due to the plaintiff; and
1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11.
* Words not required to be deleted.
(b) that defendant No. 1 do pay into Court on or before the day of ……………………. or any later date up to which time for payment has been extended by the Court the said sum of Rs. …………… due to defendant No. 2; and
3. And it is hereby ordered and decreed as follows:—
(i) (a) that the plaintiff or defendant No. 1 or one of them do pay into Court on or before the …. day of ………………. or any later date up to which time for payment has extended by the Court the said sum of Rs. ………………. due to defendant No. 2; and
(b) that defendant No. 1 do pay into Court on or before the ……………. day of …………….. or any later date up to which time for payment has been extended by the Court the said sum of Rs. ………… due to the plaintiff; and
3. That an inquiry be made as to the amount mesne profits from the institution of the suit until [the delivery of possession to the decree-holder] [the relinquishment of possession by the judgment-debtor with notice to the decree-holder through the Court] [the expiration of three years from the date of the decree].
* Here insert name of proper officer.
Schedule APPENDIX E
EXECUTION No. 1
NOTICE TO SHOW CAUSE WHY A PAYMENT OR ADJUSTMENT SHOULD NOT BE RECORDED AS CERTIFIED
(O. XXI, r.2.)
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WHEREAS in execution of the decree in the above-named suit ………......... has applied to this Court that the sum of Rs. …………….. recoverable under the decree has been paid/adjusted and should be recorded as certified, this is to give you notice that you are to appear before this Court on the ………… day of ……………….20 ………………. , to show cause why the payment/adjustment aforesaid should not be recorded as certified.
GIVEN under my hand and the seal of the Court, this ……………….. day of………. 20…..…..
Judge .
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PRECEPT (Section 46)
(Title)
existing sections we have made amendments to meet case law only on points on which there is conflict of authority. And in this connection we desire to point out that at the present time there is even less justification for the enactment of elaborate provisions in regard to procedure than at the time when the code of 1882 was passed. Since then the standard of legal efficiency in the mofussil has been materially raised, and the Principles of procedure are now so well understood that the Courts may be trusted to apply them intelligently in cases for which no provision may be made in terms.
But although we have made the present Code the basis of our draft we have carefully examined the Bill settled by the Select Committee in 1903, and we desire to express our acknowledgements to that Committee for the store of information it contains, and for the materials collected in there Report.
Apart from the rearrangement to which reference has been made we have not introduced many changes of a radical character into the Code.
3. For instance of such direction, see Calcutta Gazette, 1910, Pt. I, p. 814.
(d) any application or act for the purpose of obtaining copies of documents or return of documents produced or filed in the suit or of obtaining refund of moneys paid into the Court in connection with the suit.]
5[(3) Nothing in sub-rule (2) shall be construed—
(a) as extending, as between the pleader and his client, the duration for which the pleader is engaged, or
1. Subs. by Act 22 of 1926, s. 2, for "duly appointed to act".
2. Subs. by s. 2, ibid. , for rule 4.
3. Subs. by Act 104 of 1976, s. 54, for certain words (w.e.f. 1-2-1977).
4. Ins. by s. 54, ibid . (w.e.f. 1-2-1977).
5. Subs. by s. 54, ibid ., for sub-rule (3) (w.e.f. 1-2-1977).
(b) as authorising service on the pleader of any notice or document issued by any Court other than the Court for which the pleader was engaged, except where such service was expressly agreed to by the client in the document referred to in sub-rule (1).]
(4) The High Court may, by general order, direct that, where the person by whom a pleader is appointed is unable to write his name, his mark upon the document appointing the pleader shall be attested by such person and in such manner as may be specified by the order.
(5) No pleader who has been engaged for the purpose of pleading only shall plead on behalf of any party, unless he has filed in Court a memorandum of appearance signed by himself and stating—
- (a) the names of the parties to the suit,
(3) Where an application is made by the plaintiff under sub-rule (2) , the Court shall, before returning the plaint and notwithstanding that the order for return of plaint was made by it on the ground that it has no jurisdiction to try the suit,—
(a) fix a date for the appearance of the parties in the Court in which the plaint is proposed to be presented, and
(b) give to the plaintiff and to the defendant notice of such date for appearance.
(4) Where the notice of the date for appearance is given under sub-rule (3) ,—
(a) it shall not be necessary for the Court in which the plaint is presented after its return, to serve the defendant with a summons for appearance in the suit, unless that Court, for reasons to be recorded, otherwise directs, and
(b) the said notice shall be deemed to be a summons for the appearance of the defendant in the Court in which the plaint is presented on the date so fixed by the Court by which the plaint was returned.
(5) Where the application made by the plaintiff under sub-rule (2) is allowed by the Court, the plaintiff shall not be entitled to appeal against the order returning the plaint.
After Rue 3, insert the following Rule, namely,-
"3A. Denial by the defendant in suits .—(1) Denial shall be in the manner provided in sub-rules (2), (3), (4) and (5) of this rule.
(2) The defendant in his written statement shall state which of the allegations in the particulars of plaint he denies, which allegations he is unable to admit or deny, but which he requires the plaintiff to prove, and which allegations he admits.
(3) Where the defendant denies an allegation of fact in a plaint, he must state his reasons for doing so and if he intends to put forward a different version of events from that given by the plaintiff, he must state his own version.
(4) If the defendant disputes the jurisdiction of the court he must state the reasons for doing so, and if he is able, give his own statement as to which court ought to have jurisdiction.
(5) If the defendant disputes the plaintiff valuation of the suit, he must state his reasons for doing so, and if he is able, give his own statement of the value of the suit.
[ Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws ) Order, 2020, Notification No. S.O . 3774(E), dated (23-10-2020)].
1. Subs. by Act 22 of 2002, s. 9, for sub-rule (3) (w.e.f. 1-7-2002).
their power, possession, control or custody or where a Court holds that inspection or copies of any documents had been wrongfully or unreasonably withheld or refused.
3B . No agreement or compromise to be entered in a representative suit without leave of Court .—(1) No agreement or compromise in a representative suit shall be entered into without the leave of the Court expressly recorded in the proceedings; and any such agreement or compromise entered into without the leave of the Court so recorded shall be void.
(2) Below granting such leave, the Court shall give notice in such manner as it may think fit to such persons is as may appear to it to be interested in the suit.
1. Ins. by Act 104 of 1976, s. 74 (w.e.f. 1-2-1977).
2. Subs. by s. 74, ibid ., for certain words (w.e.f. 1-2-1977).
Explanation.— In this rule, "representative suit" means,—
- (a) a suit under Section 91 or Section 92,
- (b) a suit under rule 8 of Order I,
(c) a suit in which the manager of an undivided Hindu family sues or is sued as representing the other members of the family,
(d) any other suit in which the decree passed may, by virtue of the provisions of this Code or of any other law for the time being in force, bind any person who is not named as party to the suit.]
3[(4A) The Court may, in any case, if it thinks fit, issue notice under sub-rule (4) to the minor also.]
4[(5) A person appointed under sub-rule (1) to be guardian for the suit for a minor shall, unless his appointment is terminated by retirement, removal or death, continue as such throughout all proceedings arising out of the suit including proceedings in any Appellate or Revisional Court and any proceedings in the execution of a decree.]
(w) an order under rule 4 of Order XLVII granting an application for review.
1 [1A. Right to challenge non-appealable orders in appeal against decrees.— (1) Where any order is made under this Code against a party and thereupon any judgment is pronounced against such party and a decree is drawn up, such party may, in an appeal against the decree, contend that such order should not have been made and the judgment should not have been pronounced.
(2) In an appeal against a decree passed in a suit after recording a compromise or refusing to record a compromise, it shall be open to the appellant to contest the decree on the ground that the compromise should, or should not, have been recorded.]
It is hereby ordered and decreed that the defendant and all persons claiming through or under him be and they are hereby absolutely debarred and foreclosed of and from all right of redemption of and in the property in the aforesaid preliminary decree mentioned; *[and (if the defendant be in possession of the said mortgaged property) that the defendant shall deliver to the plaintiff quiet and peaceable possession of the said mortgaged property].
(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 to such person as he appoints, and the defendant shall, if so required, re-convey or retransfer 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 the claims and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said property.
(ii) that, on payment of the sum declared to be due to the plaintiff by defendants or either of them in the manner prescribed in clause (i) (a) 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 plaintiff 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 defendant No………. (who has made the payment), or to such person as he appoints, and the plaintiff 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 plaintiff or any person claiming under him or any person under whom he claims, and also free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the defendant No……… (who has made the payment) quiet and peaceable possession of the said property.
(Similar declarations to be introduced, if defendant No. 1 pays the amount found or declared to be due to defendant No. 2 with such variations as may be necessary having regard to the nature of his mortgage).
(ii) that, on payment of the sum declared due to defendant No. 2 by the plaintiff defendant No. 1 or either of them in the manner prescribed in clause (i)(a) and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due 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, defendant No. 2 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 defendant No. 1 (whoever made the payment), or to such person as he appoints, and defendant No. 2 shall, if so required, reconvey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by defendant No. 2 or any person claiming under him or any person under whom he claims, and also free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the plaintiff or defendant No. 1 (whoever has made the payment) quiet and peaceable possession of the said property.
Upon hearing the decree-holder it is ordered that this precept be sent to the Court of ……………. at ………………… under section 46 of the Code of Civil Procedure, 1908, with directions to attach the property specified in the annexed schedule and to hold the same pending any application which may be made by the decree-holder for execution of the decree.
Schedule
Dated the ………………….. day of …………… 20
Judge .
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ORDER SENDING DECREE FOR EXECUTION TO ANOTHER COURT (O. XXI, r. 6.)
(Title)
WHEREAS the decree-holder in the above suit has applied to this Court for a certificate to be sent to the Court of ………………… at ………………… for execution of the decree in the above suit by the said Court, alleging that the judgment-debtor resides or has property within the local limits, for the jurisdiction of the said Court, and it is deemed necessary and proper to send a certificate to the said Court under Order XXI, rule 6, of the Code of Civil Procedure, 1908, it is…………. Ordered :
That a copy of this order be sent to ....................... with a copy of the decree and of any order which may have been made for execution of the same and a certificate of non-satisfaction. Dated the ……………… day of ……………… 20 ………….
Judge .
No. 4
CERTIFICATE OF NON-SATISFACTION OF DECREE (O. XXI, r. 6.) (Title)
CERTIFIED that no[1] satisfaction of the decree of this Court in suit No ……………. of 20 …….. , a copy which is hereunto attached, has been obtained by execution within the jurisdiction of this Court. Dated the ……………..day of ……………… 20 …………..
Judge .
1. If partial strike out "no" and State to what extent.
No. 5
CERTIFICATE OF EXECUTION OF DECREE TRANSFERRED TO ANOTHER COURT
( O. 21, r. 6.)
(Title)
|Number<br>of suit<br>and the<br>Court by<br>which the<br>decree<br>was<br>passed|<br>Names<br>of<br>parties|Date of<br>application<br>for execution|Number of<br>the<br>execution<br>case|Processes<br>issued and<br>dates of<br>service<br>thereof|Costs of<br>execution|Costs of<br>execution|Amount<br>realized|Amount<br>realized|How the<br>case is<br>disposed<br>of|Remarks|
|---|---|---|---|---|---|---|---|---|---|---|
|1|2|3|4|5|6||7||8|9|
||||||Rs|a. P.|Rs|a. P.|||
Signature of Muharrir in charge.
Signature of Judge.
No. 6
APPLICATION FOR EXECUTION OF DECREE
( O. XXI, r.11. )
In the Court of
I, ……………… decree-holder, hereby apply for execution of the decree herein-below set forth:—
3. Saving .—The amendment made by this Act shall not affect the validity, invalidity, effect or consequence of anything already done or suffered, or any jurisdiction already exercised, and any proceeding instituted or commenced in the High Court under section 115 of the Code of Civil Procedure, 1908 (5 of 1908) prior to the commencement of this Act shall, notwithstanding such amendment, continue to be heard and decided by such Court.
[ Vide the Orissa Act 26 of 1991, s. 2]
Amendment of section 115. —In the Code of Civil Procedure, 1908 (5 of 1908), for section 115, the following section shall be substituted, namely:—
- (b) the name of the party for whom he appears, and
- (c) the name of the person by whom he is authorised to appear:
Provided that nothing in this sub-rule shall apply to any pleader engaged to plead on behalf of any party by any other pleader who has been duly appointed to act in Court on behalf of such party.]
* 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).
( Similar declarations to be introduced, if defendant No. 1 pays the amount found or declared due the plaintiff with such variations as may be necessary having regard to the nature of his mortgage .)
|No. of Suit.|Names of parties.|Date of Decree.|Whether any appeal preferred from decree.|Payment of adjustment made if any.|Previous application, if any, with date and result.|Amount with interest due upon the decree or other relief<br>granted thereby together with particulars of any cross decree.|Amount of costs, if any, awarded.|Against whom to be executed.|Mode in which the assistance of the<br>Court is required.|
|---|---|---|---|---|---|---|---|---|---|
|1|2|3|4|5|6|7|8|9|10|
|789 of 1897|A.B. —Plaintiff<br>C.D. —Defendant|October 11, 1897|No.|None|R.s 72-4-0 recorded on application, dated the 4th March,<br>1899|Rs. 314-8-2 principal [interest at 6 per cent, per annum, from<br>date of decree till payment].|Rs. a. p<br>As awarded in the decree 47 10 4<br>Subsequently incurred 8 2 0<br>Total 55 12 4|Against the defendant C.D.|[When attachment and sale of movable<br>property is sought.]<br>I, Pray that the total amount of Rs.<br>[together with interest on the principal<br>sum up to date of payment] and the<br>cost of taking out this execution, be<br>realised by attachment and sale of<br>defendant's movable property as per<br>annexed list and paid to me.<br>[When attachment and sale of immovable<br>property is sought.]<br>I Pray that the total amount of Rs.<br>[together with interest on the principal<br>sum up to date of payment] and the cost<br>of taking out this execution, be realised<br>by<br>the<br>attachment<br>and<br>sale<br>of<br>defendant's<br>immovable<br>property<br>specified at the foot of this application<br>and paid tome.|
3. For s. 138, as applicable to Assam, see the Civil Procedure (Assam Amendment) Act 1941, (Assam 1 of 1941), s. 2.
4. Subs. by Act 4 of 1914, s. 2 and the Schedule, Pt. I, for "L.G.".
I ………………… declare that what is stated herein is true to the best of my knowledge and belief.
Signed………… , decree-holder .
Dated the ………………….. day of …………….. 20……………
[ When attachment and sale of immovable property is sought .] Description and Specification of Property
The undivided one-third share of the judgment-debtor in a house situated in the village of …………, value Rs. 40, and bounded as follows:—
East by G's house; west by H's house; south by public road; north by private lane and J's house.
I ……………….. declare that what is stated in the above description is true to the best of my knowledge and belief, and so far as I have been able to ascertain the interest of the defendant in the property therein specified.
Signed.................., decree - holder .
No. 7
NOTICE TO SHOW CAUSE WHY EXECUTION SHOULD NOT ISSUE
1[( O. XXI, r.16. )] (Title)
To
WHEREAS ………………… has made application to this Court for execution of decree in Suit No. ……………… of 20…... , on the allegation that the said decree has been transferred to him by assignment[2] [or without assignment], this is to give you notice that you are to appear before this Court ……………. on the ………….. day of …………………. 20………………. , to show cause why execution should not be granted.
GIVEN under my hand and the seal of the Court, this.............day of..............20.........
Judge .
No. 8
WARRANT OF ATTACHMENT OF MOVABLE PROPERTY IN EXECUTION OF A DECREE
1[ 3. Who may be joined as defendants.— All persons may be joined in one suit as defendants where—
(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or transactions is alleged to exist against such persons, whether jointly, severally or in the alternative; and
(b) if separate suits were brought against such persons, any common question of law or fact would arise.]
2 [3A. Power to order separate trials where joinder of defendants may embarrass or delay trial.— Where it appears to the Court that any joinder of defendants may embarrass or delay the trial of the suit, the Court may order separate trials or make such other order as may be expedient in the interests of justice.]
FOR MONEY ( O.XXI. r. 30. ) (Title)
T o
The Bailiff of the Court
Decree WHEREAS ………..… was ordered by decree of this Court passed on the……….day of ………… 20 …… in Suit No. Principal ………… of............20 ………… , to pay to the plaintiff the sum of Rs. ………… as noted in the margin; and whereas the said Interest sum of Rs.…………..has not been paid; These are to command Costs you to attach the movable property of the said ………… as set forth in the schedule hereunto annexed, or which shall be Cost of execution pointed out to you by the said …………... , and unless the said Further interest ……………... shall pay to you the said sum of Rs. ……………… together with Rs. ……………. , the cost of this Total attachment, to hold the same until further orders from this Court.
1. Subs. by Act 10 of 1914, s. 2 and I Sch., for (O. XXI, r. 22).
2. Ins. by s. 95, ibid ., (w.e.f. 1-2-1977).
You are further commanded to return this warrant on or before the……………day of………….20…. with an endorsement certifying the day on which and manner in which it has been executed, or why it has not been executed.
GIVEN under my hand and the seal of the Court, this…………day of………..20.......
Schedule
Judge.
No. 9
WARRANT FOR SEIZURE OF SPECIFIC MOVABLE PROPERTY ADJUDGED BY DECREE
(O. XXI, r. 31.)
(Title)
T o
The Bailiff of the Court,
3. Joinder of causes of action.— (1) Save as otherwise provided, a plaintiff may unite in the same suit several causes of action against the same defendant, or the same defendants jointly; and any plaintiffs having causes of action in which they are jointly interested against the same defendant or the same defendants jointly may unite such causes of action in the same suit.
(2) Where causes of action are united, the jurisdiction of the Court as regards the suit shall depend on the amount or value of the aggregate subject-matters at the date of instituting the suit.
WHEREAS………………….was ordered by decree of this Court passed on the……………… day of……......20…………, in Suit No…………of 20….., to deliver to the plaintiff the movable property (or a……….share in the movable property) specified in the schedule hereunto annexed, and whereas the said property ( or share) has not been delivered.
These are to command you to seize the said movable property ( or a………share of the said movable property) and to deliver it to the plaintiff or to such person as he may appoint in his behalf.
GIVEN under my hand and the seal of the Court, this………..day of………………20............
Schedule
Judge.
T o
No. 10
NOTICE TO STATE OBJECTIONS TO DRAFT OF DOCUMENT
(O. XXI, r. 34.)
(Title)
TAKE notice that on the……..day of………20……., …………………………the decree-holder in the above suit presented an application to this Court that the Court may execute on your behalf a deed of…… whereof a draft is hereunto annexed, of the immovable property specified hereunder, and that the……..day of……………..20……, is appointed for the hearing of the said application, and that you are at liberty to appear on the said day and to state in writing any objections to the said draft.
Description of property
GIVEN under my hand and the seal of the Court, this…………day of .............20...........
Judge.
To
No. 11
WARRANT TO THE BAILIFF TO GIVE POSSESSION OF LAND, ETC.
(O. XXI, r. 35.)
(Title)
The Bailiff of the Court.
3. Court may order defendant or plaintiff to appear in person.— (1) Where the court sees reason to require the personal appearance of the defendant, the summons shall order him to appear in person in Court on the day therein specified.
(2) Where the Court sees reason to require the personal appearance of the plaintiff on the same day, it shall make an order for such appearance.
WHEREAS the under mentioned property in the occupancy of…………………...has been decreed to
………… the plaintiff in this suit; you are hereby directed to put the said………………in possession of
the same, and you are hereby authorized to remove any person bound by the decree who may refuse to vacate the same.
GIVEN under my hand and the seal of the Court, this ...................................... day of ...................... 20........... Schedule
J u d g e .
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NOTICE TO SHOW CAUSE WHY WARRANT OF ARREST SHOULD NOT ISSUE
(O. XXI, r. 37.) (Title)
T o
……………….. ………………..
WHEREAS .............................................. has made application to this Court for execution of decree in Suit No. ....................................of 20 .......................... by arrest and imprisonment of your person, you are hereby required to appear before this Court on the ................................... day of ...................... 20 ........................... , to show cause why you should not be committed to the civil prison in execution of the said decree.
GIVEN under my hand and the seal of the Court, this ................................day of ...............................20........
Judge.
No. 13
WARRANT OF ARREST IN EXECUTION
(O. XXI, r. 38.) (Title)
T o
The Bailiff of the Court.
3. Forms of pleading.— The forms in Appendix A when applicable, and where they are not applicable forms of the like character, as nearly as may be, shall be used for all pleadings.
* [3A. Forms of pleading in Commercial Courts.-- In a commercial dispute, where forms of pleadings have been prescribed under the High Court Rules or Practice Directions made for the purposes of such commercial disputes, pleadings shall be in such forms.]
WHEREAS …. ...........was adjudged by a decree of this Court in suit No ......... of .............. 20.... , dated Decree the………….day of……………20………….,to pay to the decreePrincipal holder the sum of Rs…………as noted in the margin, and whereas Interest the said sum of Rs…………...has not been paid to the said decreeCosts holder in satisfaction of the said decree, these are to Execution command you to arrest the said judgement-debtor and unless the said judgment-debtor shall pay to you the said sum of Rs…… together with Rs……………for the cost of executing this process, to bring the said defendant before the Court with all convenient speed. You are further commanded to return this warrant on or before Total the………………day of………………..20…………….....,with an endorsement certifying the day on which and 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.
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WARRANT OF COMMITTAL OF JUDGEMENT-DEBTOR TO JAIL
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T o
… … … … . .
… … … … . . The Officer in charge of the Jail at
WHEREAS……………………………………... who has been brought before this Court this……………………………day
3. Where the subject-matter of the suit is immovable property.— Where the subject-matter of the suit is immovable property, the plaint shall contain a description of the property sufficient to identify it, and, in case such property can be identified by boundaries or numbers in a record of settlement or survey, the plaint shall specify such boundaries or numbers.
of……………20…………, under a warrant in execution of a decree which was made and pronounced by the said Court on the day of 20………., and by which decree it was ordered that the said………………….should pay; And whereas the said………………has not obeyed the decree nor satisfied the Court that he is entitled to be discharged from custody; You are hereby[1] * commanded and required to take and receive the said…………………into the civil prison and keep him imprisoned therein for a period not exceeding……………...or until the said decree shall be fully satisfied, or the said………………….shall be otherwise entitled to be released according to terms and provisions of section 58 of the Code of Civil Procedure, 1908; and the Court does hereby fix[2] * per diem as the rate of the monthly allowance for the subsistence of the said………..during his confinement under this warrant of committal.
GIVEN under my signature and the seal of the Court, this…………day of……………20……..
Judge.
No. 15
ORDER FOR THE RELEASE OF A PERSON IMPRISONED IN EXECUTION OF A DECREE
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To
The Officer in charge of the Jail at
UNDER orders passed this day, you are hereby directed to set free…………………..judgment-debtor now in your custody.
Dated
Judge.
No. 16
ATTACHMENT IN EXECUTION
3. Where neither party appears suit to be dismissed.— Where neither party appears when the suit is called on for hearing, the court may make an order that the suit be dismissed.
PROHIBITORY ORDER, WHERE THE PROPERTY TO BE ATTACHED CONSISTS OF MOVABLE PROPERTY TO WHICH THE DEFENDANT IS ENTITLED SUBJECT TO A LIEN OR RIGHT OF SOME OTHER PERSON TO THE IMMEDIATE POSSESSION THEREOF
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(Title)
T o
… … … … … …
… … … … … …
WHEREAS………………………………………………………...has failed to satisfy a decree passed against……………on the………………...day of…………………….20……….., in Suit No.……of 20…, in favour of………….for Rs…………………..;
It is ordered that the defendant be, and is hereby, prohibited and restrained until the further order of this Court, from receiving from……………the following property in the possession of the said, ...............that is to say,…………………………..to which the defendant is entitled, subject to any claim of the said……………, and the said……… is hereby prohibited and restrained, until the further order of this Court, from delivering the said property to any person or persons whomsoever.
GIVEN under my hand and the seal of Court, this………………….day of………….20……………
Judge.
1. The words "in the name of the King-Emperor of India," omitted by the A. O. 1950.
3. Costs of interrogatories .—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 cost occasioned by the interrogatories and the answers thereto shall be paid in any even by the party in fault.
3. Inspection.- (1) All parties shall complete inspection of all documents disclosed within thirty days of the date of filing of the written statement or written statement to the counter-claim, whichever is later, the court may extend this time limit upon application at its discretion, but not beyond thirty days in any event.
(2) Any party to the proceedings may seek directions from the court, at any stage of the proceedings, for inspection or production of documents by the other party, of which inspection has been refused by such party or documents have not been produced despite issuance of a notice to produce.
(3) Order in such application shall be disposed of within thirty days of filing such application, including filing replies and rejoinders (if permitted by court) and hearing.
(4) If the above application is allowed, inspection and copies thereof shall be furnished to the party seeking it, within five days of such order.
(5) No party shall be permitted to rely on a document, which it had failed to disclose or of which
inspection has not been given, save and except with leave of court.
(6) The Court may impose exemplary costs against a defaulting party, who willfully or negligently failed to disclose all documents pertaining to a suit or essential for a decision therein and which are in their power, possession, control or custody or where a court holds that inspection or copies of any documents had been wrongfully or unreasonably withheld or refused.
3. Form of notice.— A notice to admit documents shall be in Form No. 9 in Appendix C, with such variations as circumstances may require.
4[3A. Power of Court to record admission.— Notwithstanding that no notice to admit documents has been given under rule 2 , the Court may, at any stage of the proceeding before it, of its own motion, call upon any party to admit any document and shall, in such a case, record whether the party admits or refuses or neglects to admit such document.]
3. Rejection of irrelevant or inadmissible documents.— The Court may at any stage of the suit reject any document which it considers irrelevant or otherwise inadmissible, recording the grounds of such rejection.
3. Grounds for summary judgment.— The Court may give a summary judgment against a plaintiff or defendant on a claim if it considers that--
(a) the plaintiff has no real prospect of succeeding on the claim or the defendant has no real prospect of successfully defending the claim, as the case may be; and
(b) there is no other compelling reason why the claim should not be disposed of before recording of oral evidence.
3. Materials from which issues may be framed.— The Court may frame the issues from all or any of the following materials:—
- (a) allegations made on oath by the parties, or by any persons present on their behalf, or made by
- the pleaders of such parties;
- (b) allegations made in the pleadings or in answers to interrogatories delivered in the suit;
- (c) the contents of documents produced by either party.
3. Time limit for the completion of a trial.— In fixing dates or setting time limits for the purposes of Rule 2 of this Order, the Court shall ensure that the arguments are closed not later than six months from the date of the first Case Management Hearing.
* 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. Time limit for the completion of a trial.— In fixing dates or setting time limits for the purposes of Rule 2 of this order, the court shall ensure that the arguments are closed not later than six months from the date of the first Case Management Hearing.
3. Tender of expenses to witness.— The sum so paid into Court shall be tendered to the person summoned, at the time of serving the summons, if it can be served personally.
3. Expenses to be paid into Court.—( 1 ) Before making any order under rule 2, the Court shall require the party at whose instance or for whose benefit the order is to be issued, to pay into Court such sum of money as appears to the Court to be sufficient to defray the expenses of the execution of the order, including the travelling and other expenses of the escort provided for the witness.
(2) Where the Court is subordinate to a High Court, regard shall be had, in fixing the scale of such expenses, to any rules made by the High Court in that behalf.
3. Court may proceed notwithstanding either party fails to produce evidence, etc.— Where any party to a suit to whom time has been granted fails to produce his evidence, or to cause the attendance of his witnesses, or to perform any other act necessary to the further progress of the suit, for which time has been allowed[2] [the Court may, notwithstanding such default,
(a) if the parties are present, proceed to decide the suit forthwith; or
(b) if the parties are, or any of them is, absent, proceed under rule 2.]
ORDER XVIII
Hearing of the suit and examination of witnesses
3. Evidence where several issues.— Where there are several issues, the burden of proving some of which lies on the other party, the party beginning may, at his option, either produce his evidence on those issues or reserve it by way of answer to the evidence produced by the other party; and, in the latter case, the party beginning may produce evidence on those issues after the other party has produced all his evidence, and the other party may then reply specially on the evidence so produced by the party beginning; but the party beginning will then be entitled to reply generally on the whole case.
3. 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, ibid.
4. Ins. by Act 104 of 1976, s. 69 (w.e.f. 1-2-1977).
1[2 9. When evidence may be taken in English.— (1) Where English is not the language of the Court, but all the parties to the suit who appear in person, and the pleaders of such of the parties as appear by pleaders, do not object to having such evidence as is given in English, being taken down in English, the judge may so take it down or cause it to be taken down.
(2) Where evidence is not given in English but all the parties who appear in person, and the pleaders of such of the parties as appear by pleaders, do not object to having such evidence being taken down in English, the Judge may take down, or cause to be taken down, such evidence in English.]
3. The provisions of rules 11, 13, 14, 15, 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) .
4. Subs. by Act 104 of 1976, s. 69, for the rule 13 (w.e.f. 1-2-1977).
5. Ins. by s. 69, ibid. (w.e.f. 1-2-1977).
3. Matters to which affidavits shall be confined.— (1) Affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications, on which statements of his belief may be admitted: provided that the grounds thereof are stated.
(2) The costs of every affidavit which shall unnecessarily set forth matters of hearsay or argumentative matter, or copies of or extracts from documents, shall (unless the Court otherwise directs) be paid by the party filing the same.
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
In Order XIX of the Code, after Rule 3, insert the following new rules, namely-
3. Lands situate in more than one jurisdiction.— Where immovable property forms one estate or tenure situate within the local limits of the jurisdiction of two or more Courts, any one of such Courts may attach and sell the entire estate or tenure.
3. Procedure in case of death of one of several plaintiffs or of sole plaintiff.— (1) Where one of two or more plaintiffs dies and the right to sue does not survive to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiff dies and the right to the sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the suit.
(2) Where within the time limited by law no application is made under sub-rule (1), the suit shall abate so far as the deceased plaintiff is concerned, and, on the application of the defendant, the Court may award to him the costs which he may have incurred in defending the suit, to be recovered from the estate of the deceased plaintiff.
3. Interest on deposit not allowed to plaintiff after notice.— No interest shall be allowed to the plaintiff on any sum deposited by the defendant from the date of the receipt of such notice, whether the sum deposited is in full of the claim or falls short thereof.
3. Where witness resides within Court's jurisdiction.— A commission for the examination of a person who resides within the local limits of the jurisdiction of the Court issuing the same may be issued to any person whom the Court thinks fit to execute it.
3. Plaints in suits by or against Government.— In suits by or[4] [against the Government], instead of inserting in the plaint the name and description and place of residence of the plaintiff or defendant, it shall be sufficient to insert[3] [the appropriate name as provided in section 79[5] *.]
6 [4. Agent for Government to receive process.— The Government pleader in any Court shall be the agent of the Government for the purpose of receiving processes against the Government issued by such Court].
3. Service on person so authorised, or on his pleader, to be good service.— Processes served upon any person authorised by an officer[4] [soldier[5] [, sailor] or airman] under rule 1 or upon any pleader appointed as aforesaid by such person shall he as effectual as if they had been served on the party in person.
ORDER XXIX
Suits by or against corporations
3. Power to require personal attendance of officer of corporation.— The Court may, at any stage of the suit, require the personal appearance of the secretary or of any director, or other principal officer of the corporation who may be able to answer material questions relating to the suit.
STATE AMENDMENT
Uttar Pradesh
Amendment of Order XXIX.— In the First Schedule, in Order XXIX, in rule 2, after clause (a), the following clause shall be inserted, namely :—
"(aa) on its corporation pleader in the district where the Court issuing summons is located, if one has
been appointed and the appointment has been notified to the District Judge under rule 10 of Order XXVII, or." [ Vide Uttar Pradesh Act 57 of 1976, s. 12]
ORDER XXX
Suits by or against firms and persons carrying on business in
names other than their own
3. Service.— Where persons are sued as partners in the name of their firm, the summons shall be served either—
(a) upon any one or more of the partners, or
(b) at the principal place at which the partnership business is carried on within[1] [India] upon any person having, at the time of service, the control or management of the partnership business, there, as the Court may direct; and such service shall be deemed good service upon the firm so sued, whether all or any of the partners are within or without[1] [India]:
Provided that, in the case of a partnership which has been dissolved to the knowledge of the plaintiff before the institution of the suit, the summons shall be served upon every person within[1] [India] whom it is sought to make liable.
1. Subs. by Act 2 of 1951, s. 3, for "the States".
2. Subs. by Act 104 of 1976, s. 78, for the proviso (w.e.f. 1-2-1977).
3. Husband of married executrix not to join.— Unless the Court directs otherwise, the husband of a married trustee, administratrix or executrix shall not as such be a party to a suit by or against her.
ORDER XXXII
Suits by or against minors and persons of unsound mind
3. Duty of Court to make efforts for settlement.— (1) In every suit or proceeding to which this Order applied, an endeavour shall be made by the Court in the first instance, where it is possible to do so consistent with the nature and circumstances of the case, to assist the parties in arriving at a settlement. In respect of the subject-matter of the suit.
(2) If, in any such suit or proceeding, at any stage it appears to the Court that there is a reasonable possibility of a settlement between the parties, the Court may adjourn the proceeding for such period as it thinks fit to enable attempts to be made to effect such a settlement.
(3) The power conferred by sub-rule (2) shall be in addition to, and not in derogation of, any other power of the Court to adjourn the proceedings.
3. Presentation of application.— Notwithstanding anything contained in these rules the application shall be presented to the Court by the applicant, in person, unless he is exempted from appearing in Court, in which case the application may be presented by an authorised agent who can answer all material questions relating to the application, and who may be examined in the same manner as the party represented by him might have been examined had such party attended in person:
1[Provided that, where there are more plaintiffs than one, it shall be sufficient if the application is presented by one of the plaintiffs.]
3. The provisions of this rule so far as it relates to the making of a memorandum are not applicable to the Chief Court of Oudh, see Oudh Courts Act, 1925 (U.P. Act 4 of 1925), s. 16 (2).
4. Subs. by s. 81, ibid., for "a memorandum of the substance of their evidence" (w.e.f. 1-2-1977).
5. Subs. by s. 81, ibid. , for "as herein provided" (w.e.f. 1-2-1977).
(3) The Court shall then either allow or refuse to allow the applicant to sue as[1] [an indigent person].
3. Final decree in foreclosure suit.— (1) Where, before a final decree debarring the defendant from all right to redeem the mortgaged property has been passed, the defendant makes payment into Court of all amounts due from him under sub-rule (1) of rule 2, the Court shall, on application made by the defendant in this behalf, pass a final decree—
1. Subs by Act 21 of 1929, s. 4, for the rules 2 to 8.
(a) ordering the plaintiff to deliver up the documents referred to in the preliminary decree, and, if necessary,—
(b) ordering him to re-transfer at the cost or the defendant the mortgaged property as directed in the said decree, and also, if necessary,—
(c) ordering him to put the defendant in possession of the property.
(2) Where payment in accordance with sub-rule (1) has not been made, the Court shall, on application made by the plaintiff in this behalf, pass a final decree declaring that the defendant and all persons claiming through or under him or debarred from all right to redeem the mortgaged property and also, if necessary, ordering the defendant to put the plaintiff in possession of the property.
(3) On the passing of a final decree under sub-rule (2) , all liabilities to which the defendant is subject in respect of the mortgage or on account of the suit shall be deemed to have been discharged.
3. Procedure where defendant is suing plaintiff.— Where any of the defendants in an interpleader-suit is actually suing the plaintiff in respect the subject-matter of such suit, the Court in which the suit against the plaintiff is pending shall, on being informed by the Court in which the interpleader-suit has been instituted, stay the proceedings as against him; and his costs in the suit so stayed may be provided for in such suit; but if and in so far as, they are not provided for in that suit, they may be added to his costs incurred in the interpleader-suit.
3. Agreement to be filed and registered as suit.— (1) The agreement, if framed in accordance with the rules hereinbefore contained, may be filed[1] [with an application] in the Court which would have jurisdiction to entertain a suit, the amount or value of the subject-matter of which is the same as the amount or value of the subject-matter of the agreement.
(2)[2] [The application] when so filed, shall be numbered and registered as a suit between one or more of the parties claiming to be interested as plaintiff or plaintiffs, and the other or the others of them as defendant or defendants; and notice shall be given to all the parties to the agreement, other than the party or parties by whom[3] [the application was presented.]
3. Procedure on application by surety to be discharged.— (1) A surety for the appearance of a defendant may at any time apply to the Court in which he became such surety to be discharged from his obligation.
(2) On such application being made, the Court shall summon the defendant to appear or, if it thinks fit, may issue a warrant for his arrest in the first instance.
1. Subs. by Act 2 of 1951, s. 3, for "the States".
(3) On the appearance of the defendant in pursuance of the summons or warrant, or on his voluntary surrender, the Court shall direct the surety to be discharged from his obligation, and shall call upon the defendant to find fresh security.
3. Before granting injunction, Court to direct notice to opposite party.— The Court shall in all cases, except where it appears that the object of granting the injunction would be defeated by the delay, before granting an injunction, direct notice of the application for the same to be given to the opposite party:
2[Provided that, where it is proposed to grant an injunction without giving notice of the application to the opposite party, the Court shall record the reasons for its opinion that the object of granting the injunction would be defeated by delay, and require the applicant—
(a) to deliver to the opposite party, or to send to him by[3] [speed post with registration], immediately after the order granting the injunction has been made, a copy of the application for injunction together with—
- (i) a copy of the affidavit filed in support of the application;
- (ii) a copy of the plaint; and
- (iii) copies of documents on which the applicant, relies, and
(b) to file, on the day on which such injunction is granted or on the day immediately following that day, an affidavit stating that the copies aforesaid have been so delivered or sent.]
3. Duties.— Every receiver so appointed shall—
(a) furnish such security (if any) as the Court thinks fit, duly to account for what he shall receive in respect of the property;
(b) submit his accounts at such periods and in such form as the Court directs;
(c) pay the amount due from him as the Court directs; and
(d) be responsible for any loss occasioned to the property by his wilful default or gross negligence.
3. Rejection or amendment of memorandum.— (1) Where the memorandum of appeal is not drawn up in the manner hereinbefore prescribed, it may be rejected, or be returned to the appellant for the purpose of being amended within a time to be fixed by the Court or be amended then and there.
(2) Where the Court rejects any memorandum, it shall record the reasons for such rejection.
(3) Where a memorandum of appeal is amended, the judge, or such officer as he appoints in this behalf, shall sign or initial the amendment.
1. Subs. by Act 46 of 1999, s. 31, for certain words, (w.e.f. 1-7-2002).
2. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977).
3. Rule 20 re-numbered as sub-rule (1) by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977).
1[(2) No respondent shall be added under this rule, after the expiry of the period of limitation for appeal, unless the Court, for reasons to be recorded, allows that to be done, on such terms as to costs as it thinks fit.]
3. This rule is not applicable to the Chief Court of Oudh in the exercise of its appellate Jurisdiction; see the Oudh Courts Act, 1925 (U.P. 4 of 1925), s. 16(3).
(3) The decree shall also state the amount of costs incurred in the appeal, and by whom, or out of what property, and in what proportions such costs and the costs in the suit are to be paid.
(4) The decree shall be signed and dated by the Judge or Judges who passed it:
Judge dissenting from judgment need not sign decree.— Provided that where there are more Judges than one and there is a difference of opinion among them, it shall not be necessary for any Judge dissenting from the judgment of the Court to sign the decree.
3. Application of rule 14 of Order XLI .—Reference in sub-rule (4) of rule 14 of Order XLI to the Court of first instance shall, in the case of an appeal from an appellate decree or order, be construed as a reference to the Court to which the appeal was preferred from the original decree or order.]
ORDER XLIII
APPEALS FROM ORDERS
3. Inquiry as to whether applicant is an indigent person.— (1) Where an applicant, referred to in rule 1, was allowed to sue or appeal as an indigent person in the Court from whose decree the appeal is
1. Ins. by Act 104 of 1976, s. 89 (w.e.f. 1-2-1977).
2. Clauses (b), (e), (g), (h), (m), (o) and (v) omitted by s. 89, ibid . (w.e.f. 1-2-1977).
3. Subs. by Act 104 of 1976, s. 90, ibid., for "pauper appeals" (w.e.f. 1-2-1977).
4. Subs. by s. 90, ibid., for "as pauper" (w.e.f. 1-2-1977).
3. Certificate as to value or fitness. —[5] [(1) Every petition shall state the grounds of appeal and pray
for a certificate—
(i) that the case involves a substantial question of law of general importance, and
(ii) that in the opinion of the Court the said question needs to be decided by the Supreme Court.]
(2) Upon receipt of such petition, the Court shall direct notice to be served on the opposite party to show cause why the said certificate should not be granted.
4. [ Consolidation of suits. ] Rep. by the Code of Civil Procedure (Amendment) Act, 1973 (49 of 1973 ) ,
s . 4 ( w.e.f. 1-2-1977).
5. [ Remission of dispute to Court of first instance. ] Rep. by s. 4, ibid . ( w.e.f. 1-2-1977).
3. Judgment of High Court to be transmitted and case disposed of accordingly.— The High Court, after hearing the parties if they appear and desire to be heard, shall decide the point so referred, and shall transmit a copy of its judgment, under the signature of the Registrar, to the Court by which the
1. Ins. by Act 26 of 1920, s. 5.
2. Subs. by the A.O. 1950, for "Unless His Majesty in Council is pleased otherwise to direct, no order of His Majesty in Council".
3. Subs. ibid ., for "order".
4. Subs. ibid ., for "His Majesty in Council".
reference was made; and such Court shall, on the receipt thereof, proceed to dispose of the case in conformity with the decision of the High Court.
3. Form of applications for review.— The provisions as to the form of preferring appeals shall apply, mutatis mutandis , to applications for review.
4 . Application where rejected.— (1) Where it appears to the Court that there is not sufficient ground for a review, it shall reject the application.
(2) Application where granted.— Where the Court is of opinion that the application for review should be granted, it shall grant the same:
Provided that—
(a) no such application shall be granted without previous notice to the opposite party, to enable him to appear and be heard in support of the decree or order, a review of which is applied for; and
(b) no such application shall be granted on the ground of discovery of new matter or evidence which the applicant alleges was not within his knowledge, or could not be adduced by him when the decree or order was passed or made, without strict proof of such allegation.
3. Use of forms in appendices.— The Forms given in the appendices, with such variation as the circumstances or each case may require, shall be used for the purposes therein mentioned.
ORDER XLIX
CHARTERED HIGH COURTS
3. Application of rules.— The following rules shall not apply to any Chartered High Court in the exercise of its ordinary or extraordinary original civil jurisdiction, namely:—
(1) rule 10 and rule 11, clauses (b) and (c) , of Order VII;
(2) rule 3 of Order X;
(3) rule 2 of Order XVI;
(4) rules 5, 6, 8, 9, 10, 11 , 13, 14, 15 and 16 (so far as relates to the manner of taking evidence) of Order XVIII;
(5) rule 1 to 8 of Order XX; and
(6) rule 7 of Order XXXIII (so far as relates to the making of a memorandum),
and rule 35 of Order XLI shall not apply to any such High Court in the exercise of its appellate jurisdiction.
ORDER L
PROVINCIAL. SMALL CAUSE COURTS
3. The plaintiff was a minor [or insane] from the…………………..day of…………………… till the…………….day of………………….. .
3. Each of the said bars contained only 1,200 tolas of fine silver, of which fact the plaintiff was ignorant when he made the payment.
3. The defendant has not paid the money.
[ As in paras. 4 and 5 of Form No. 1, and Relief claimed. ]
No. 5
GOODS MADE AT DEFENDANT'S REQUEST, AND NOT ACCEPTED
(Title)
A. B ., the above named plaintiff, states as follows:—
3. E.F . has not accepted the goods or paid for them.
[ As in paras. 4 and 5 of Form No. 1, and Relief claimed .]
No. 6
DEFICIENCY UPON A RE-SALE [GOODS SOLD AT AUCTION]
(Title)
A. B ., the above named plaintiff, states as follows:—
3. The plaintiff was ready and willing to deliver the goods to the defendant on the date of the sale and for [ ten days ] after.
3. The defendant has not paid the money.
[ As in paras. 4 and 5 of Form No. 1, and Relief claimed. ]
No. 8
SERVICES AND MATERIALS AT A REASONABLE COST
(Title)
A.B., the above named plaintiff, states as follows:—
3. The defendant has not paid the money.
[ As in paras. 4 and 5 of Form No. 1, and Relief claimed. ]
No. 9
USE AND OCCUPATION
(Title)
- A. B., the above-named plaintiff, executor of the will of X.Y., deceased, states as follows:—
3. The defendant has not paid the money. [ As in paras. 4 and 5 of Form No. I. ]
3. The defendant has not paid the money.
[ As in paras. 4 and 5 of Form No. 1 and Relief claimed. ]
No. 11
ON A FOREIGN JUDGMENT
(Title)
A. B., the above-named plaintiff, states as follows:—
3. The rent for the month of ……….20……….., amounting to………………………..rupees, has not been paid.
[ If, by the terms of the agreement, notice is required to be given to the surety, add: —]
3. The defendant has not paid the money.
[ As in paras. 4 and 5 of Form No. 1, and Relief claimed. ]
No. 14
NOT DELIVERING GOODS SOLD
(Title)
A. B., the above-named plaintiff, states as follows:—
3. The defendant has not delivered the goods, and the plaintiff has been deprived of the profits which would have accrued to him from such delivery.
[ As in paras. 4 and 5 of Form No. 1, and Relief claimed. ]
No. 15
WRONGFUL DISMISSAL
(Title)
A. B., the above-named plaintiff, states as follows:—
3. On the…….day of………..……20...….., the defendant wrongfully discharged the plaintiff, and refused to permit him to serve as aforesaid, or to pay him for his services.
[ As in paras. 4 and 5 of Form No. 1, and Relief claimed. ]
No. 16
BREACH OF CONTRACT TO SERVE
( Title)
A. B., the above-named plaintiff, states as follows:—
3. The defendant (entered upon) the service of the plaintiff on the above-mentioned day, but afterwards, on the……….day of……….……20..……, he refused to serve the plaintiff as aforesaid.
[ As in paras. 4 and 5 of Form No. 1, and Relief claimed. ]
No. 17
AGAINST A BUILDER FOR DEFECTIVE WORKMANSHIP
(Title)
- A. B. the above-named plaintiff, states as follows:—
3. The defendant [built the house referred to in the agreement in a bad and unworkman like manner].
[ As in paras. 4 and 5 of Form No. 1, and Relief claimed. ]
No. 18
ON A BOND FOR THE FIDELITY OF A CLERK
(Title)
A. B., the above-named plaintiff, states as follows:—
3. Between the………..day of………..…20...….., and the…………………..day of ………20......, E.F. received money and other property, amounting to the value of……….rupees, for the use of the plaintiff, for which sum he has not accounted to him, and the same still remains due and unpaid.
[ As in paras. 4 and 5 of Form No. 1, and Relief claimed. ]
No. 19
BY TENANT AGAINST LANDLORD, WITH SPECIAL DAMAGE
(Title)
A. B., the above-named plaintiff, states as follows:—
1 . On the……day of………20..…., the defendant, by a registered instrument, let to the plaintiff [the house No……..Street] for the term of……..years, contracting with the plaintiff, that he, the plaintiff, and his legal representatives should quietly enjoy possession thereof for the said term.
3. On the…………day of………….20...…., during the said term, E.F. who was the lawful owner of the said house, lawfully evicted the plaintiff therefrom, and still withholds the possession thereof from him.
3. On the.............. day of.....................20....….., [a judgment was recovered against the plaintiff and defendant by E.F., in the High Court of Judicature at......., upon a debt due from the firm to E.F., and on the day of.................20.….,] the plaintiff paid.........rupees [in satisfaction of the same].
3. The said representations were false [ or state the particular falsehoods ] and were then known by the defendant to be so.
3. The said representations were false and were then known by the defendant to be so, and were made by him with intent to deceive and defraud the plaintiff [ or to deceive and injure the plaintiff].
3. In consequence the water in the well became impure and unfit for domestic and other necessary purposes, and the plaintiff and his family are deprived of the use and benefit of the well and water.
[ As in paras. 4 and 5 of Form No. 1, and Relief claimed. ]
No. 24
CARRYING ON A NOXIOUS MANUFACTURE
(Title)
A. B., the above-named plaintiff, states as follows:—
3. Thereby the trees, hedges, herbage and crops of the plaintiff growing on the lands were damaged and deteriorated in value, and the cattle and live-stocks of the plaintiff on the lands became unhealthy, and many of them were poisoned and died.
3. On the................day of.......................20.........., defendant wrongfully obstructed the said way, so that the plaintiff could not pass [with vehicles, or on foot, or in any manner] along the way [and has ever since wrongfully obstructed the same].
3. On the....................... day of................20......, the defendant, by cutting the bank of the stream, wrongfully diverted the water thereof, so that less water ran into the plaintiff's mill.
3. While he was such passenger, at............... [or near the station of................. or between the stations of ................... and .................. ], a collision occurred on the said railway caused by the negligence and unskill, fulness of the defendants' servants, whereby the plaintiff was much injured [having his leg broken, his head cut, etc., and state the special damage, if any, as ] , and incurred expense for medical attendance and is permanently disabled from carrying on his former business as [a salesman].
[ As in paras. 4 and 5 of Form No. 1, and relief claimed. ]
[ Or thus: — 2. On that day the defendants by their servants so negligently and unskillfully drove and managed an engine and a train of carriages attached thereto upon and along the defendant's railway which the plaintiff was then lawfully crossing that the said engine and train were driven and struck against the plaintiff, whereby, etc., as in para. 3].
==> picture [31 x 13] intentionally omitted <==
INJURIES CAUSED IN NEGLIGENT DRIVING
(Title)
— A. B., the above-named plaintiff, states as follows:
3. By the blow and fall and trampling the plaintiff's left arm was broken and he was bruised and injured on the side and back, as well as internally, and in consequence thereof the plaintiff was for four months ill and in suffering, and unable to attend to his business, and incurred heavy medical and other expenses, and sustained great loss of business and profits.
[ As in paras. 4 and 5 of Form No. 1, and relief claimed. ]
No. 31
FOR MALICIOUS PROSECUTION
(Title)
A . B., the above-named plaintiff, states as follows: —
3. On the …………….. day of ……………….20……., the Magistrate dismissed the complaint of the defendant and acquitted the plaintiff.
3. Before the commencement of the suit, to wit, on the …………….. day of……….20 ……….., the plaintiff demanded the same from the defendant, but he refused to deliver them.
[ As in Paras. 4 and 5 of Form No. 1. ]
3. The said representations were false, and were then known by C.D. to be so [ or at the time of making the said representations, C.D. was insolvent, and knew himself to be so].
4. C.D. afterwards transferred the said goods to the defendant E.F. without consideration [ or who had notice of the falsity of the representation].
5. [ Facts showing when the cause of action arose and that the Court has jurisdiction. ]
3. On the …………….. day of ………………………20………, the plaintiff paid the defendant rupees as part of the purchase money.
3. The defendant has [cut down a number of valuable trees, and threatens to cut down many more for the purpose of sale] without the consent of the plaintiff.
3. On the.................. day of...............20.........., the defendant erected upon his said plot slaughter-house, and still maintains the same; and from that day until the present time has continually caused cattle to be brought and killed there [and has caused the blood and offal to be thrown into the street opposite the said house of the plaintiff].
a
[4. In consequence the plaintiff has been compelled to abandon the said house, and has been unable to rent
the same.]
3. On the............... day of...............20......, he demanded the same from the defendant and offered to pay all reasonable charges for the storage of the same.
3. The will was proved by C.D. [ or letters of administration were granted, etc.].
3. The testator was at his death entitled to movable and immovable property; the defendant entered into the receipt of the rents of the immovable property and got in the movable property; he has sold some part of the immovable property.
[ As in paras. 4 and 5 of Form No. 1. ]
3. C.D. claims to be entitled to a beneficial interest under the instrument.
[ As in paras. 4 and 5 of Form No. 1. ]
3. The plaintiff took possession of the mortgaged property on the .........day of........................ and is ready to account as mortgagee in possession from that time.
[ As in paras. 4 and 5 of Form No. 1]
3. The defendant has taken possession [ or has received the rents] of the mortgaged property.
[ As in paras. 4 and 5 of Form No. 1 .]
3. The plaintiff has been and still is ready and willing specifically to perform the agreement on his part of which the defendant has had notice.
[ As in paras . 4 and 5 of Form No . 1.]
3. On the..........day of..................20.........., the plaintiff again demanded such transfer. [ or the defendant refused to transfer the same to the plaintiff.]
4. The defendant has not executed any instrument of transfer.
3. The defendant says the plaintiff might and could, by the exercise of reasonable care and diligence, have seen the said carriage approaching him, and avoided any collision with it.
3. The defendant did not infringe.
No. 9
DEFENCE IN SUITS FOR INFRINGEMENT OF TRADE MARK
1. The trade mark is not the plaintiff's.
2. The alleged trade mark is not a trade mark.
3. The defendant did not infringe.
No. 10
DEFENCE IN SUITS RELATING TO NUISANCES
3. The defendant denies that he or his servants pollute the water [ or do what is complained of].
[ If the defendant claims the right by prescription or otherwise to do what is complained of, he must say so , and must state the grounds of the claim , i.e. , whether by prescription , grant or what. ]
3. The suit is barred by article................................................of the Second Schedule to the[1] Indian Limitation Act, 1877 (15 of 1877).
3. The defendant, by a document dated the....................day of ..............transferred all his interest in the mortgage-debt and property comprised in the mortgage to A.B .
3. The defendant made up his accounts and sent a copy thereof to the plaintiff on the.................. ..day of...................... 20......... , and offered to plaintiff free access to the vouchers to verify such accounts, but he declined to avail himself of the defendant's offer.
3. The execution of the said will and, codicil was obtained by the undue influence of the plaintiff [and others acting with him whose names are at present unknown to the defendant.]
3. I object to answer the interrogatories numbered on the ground that [ state grounds of
objection ] .
No. 4
ORDER FOR AFFIDAVIT AS TO DOCUMENTS
(O. 11, r. 12.)
(Title as in No. 1, supra)
Upon hearing………………; It is ordered that the………..do within…………..form the date of this order, answer on affidavit stating which documents are or have been in his possession or power relating to the matter in question in this suit, and that the costs of this application be…………………… .
No. 5
AFFIDAVIT AS TO DOCUMENTS
(O. 11, r. 13.)
(Title as in No. 1, supra)
I, the above-named defendant C. D., make oath and say as follows:—
3. I have had but have not now, in my possession or power the documents relating to the matters in question in this suit set forth in the second schedule hereto.
3. And it is hereby further ordered that the said Commissioner shall present the account to this Court with all convenient despatch after making all just allowances on or before the..............................................................day of........... and that upon such report of the Commissioner being received, it shall be confirmed and countersigned, subject to such modification as may be necessary after consideration of such objections as the parties to the suit may make.
3. And it is hereby further ordered that the said Commissioner shall present the account to this Court with all convenient despatch after making all just allowances on or before the...............day of.......... and that upon such report of the Commissioner being received, it shall be confirmed and countersigned, subject to such modification as may be necessary after consideration of such objections as the parties to the suit may make.
3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff may apply to the Court for a final decree for the sale of the mortgaged property; and on such application being made, the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the purposes of such sale the plaintiff shall produce before the Court or such officer as it appoints all documents in his possession or power relating to the mortgaged property.
3. And it is hereby further ordered that the said Commissioner shall present the account to this Court with all convenient despatch after making all just allowances on or before the..………………………day of…………………, and that upon such report of the Commissioner being received, it shall be confirmed and countersigned, subject to such modification as may be necessary after consideration of such objections as the parties to the suit may make.
3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant may apply to the Court for a final decree that the plaintiff shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said property; and that the parties shall be at liberty to apply to the Court from time to time, as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.
Schedule ( Description of the mortgaged property .) 1[ No. 7C PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE FOR SALE IS PASSED
(Order XXXIV, rule 7.—Where the Court declares the amount due . )
(Title)
This suit coming on this …………… day, etc.; It is hereby declared that the amount due to the defendant 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) properly incurred by the defendant in respect of mortgage-security together with interest thereon, and the sum of Rs. ………… for the cost of this suit awarded to the defendant, making in all the sum of Rs. ……………
3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant may apply to the Court for a final decree for the sale of the mortgaged property; and on such application being made, the mortgaged property or a sufficient part thereof shall be directed to be sold; and 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.
3. And it is further ordered and decreed that if defendant No. 2 pays into Court to the credit of this suit the amount adjudged due to the plaintiff, the plaintiff shall bring into the Court all documents, etc., [as in sub-clause (ii) of clause 2].
3. That an inquiry be made and account taken of what or of what share, if any, the plaintiff is entitled to as next-of-kin [ or one of the next-of-kin] of the intestate.
[After the first paragraph, the decree will, where necessary, order, in a creditor's suit, inquiry and accounts for legatees, heirs-at-law and next-of-kin. In suits by claimants other than creditors, after the first paragraph, in all cases, an order to inquire and take an account of creditors will follow the first
paragraph and such of the others as may be necessary will follow, omitting the first formal words. The form is continued as in a creditor's suit.]
4. An account of the funeral and testamentary expenses.
3. And if there should then be any residue, let the same be paid to the residuary legatee.
No. 19
PRELIMINARY DECREE IN AN ADMINISTRATION-SUIT BY A LEGATEE, WHERE AN EXECUTOR IS HELD PERSONALLY LIABLE FOR THE PAYMENT OF LEGACIES
(Title)
3. And it is also ordered that the defendant do, within …………….. weeks after the date of the certificate of the ……..…… *, pay to the plaintiff the amount of what the ………………. * shall certify to be due for principal and interest.
3. An account of all dealings and transactions between the plaintiff and defendant, from the foot of the settled account exhibited in this suit and marked (A), and not disturbing any subsequent settled accounts.
And it is ordered that the goodwill of the business heretofore carried on by the plaintiff and defendant as in the plaint mentioned and the stock-in-trade, be sold on the premises, and that the ………….. *may, on the application of any of the parties, fix a reserved bidding for all or any of the lots at such sale, and that either of the parties is to be at liberty to bid at the sale.
And it is ordered that the above accounts be taken, and all the other acts required to be done be completed, before the ……….. day of ………, and that the ……….. do certify the result of the accounts, and that all other acts are completed, and have his certificate in that behalf ready for the inspection of the parties on the day of ………..
And, lastly, it is ordered that this suit stand adjourned for making a final decree to the ………. day of
…………
* Here insert name of proper officer.
No. 22
FINAL DECREE IN A SUIT FOR DISSOLUTION OF PARTNERSHIP AND THE TAKING OF PARTNERSHIP ACCOUNT (Title)
IT is ordered that the fund now in Court, amounting to the sum of Rs. …………… , be applied as follows:—
3. In payment of the sum of Rs. …………… to the plaintiff as his share of the partnership-assets, of the sum of Rs. …………….. , being the residue of the said sum of Rs. …………. now in Court, to the defendant as his share of the partnership-assets.
[ Or , And that the remainder of the said sum of Rs. …………… be paid to the said plaintiff ( or defendant) in part payment of the sum of Rs. ……………… certified to be due to him in respect of the partnership-accounts.]
3. The highest bidder shall be declared to be the purchaser of any lot, provided always that he is legally qualified to bid, and provided that it shall be in the discretion of the Court or officer holding the sale to decline acceptance of the highest bid when the price offered appears so clearly inadequate as to make it advisable to do so.
3. I say that the statements made in -----paragraphs are true to my knowledge and statements made in - ----paragraphs are based on information received which I believe to be correct and statements made in --paragraphs are based on legal advice.
3. I say that the statements made in -----paragraphs are true to my knowledge and statements made in -----paragraphs are based on information received which I believe to be correct and statements made in ---paragraphs are based on legal advice.
in -----paragraphs are based on information received which I believe to be correct and statements made
THE THIRD SCHEDULE.—[ Execution of Decrees by Collectors .] Rep by the Code of Civil Procedure (Amendment) Act , 1956 (66 of 1956), s . 15.
Source: India Code