Section 4. Admission and denial of documents

(7) The court may pass orders with respect to admitted documents including for waiver of further proof thereon or rejection of any documents. (4) Any party may however submit bare denials for third party documents of which the party denying does not have any personal knowledge of, and to which the party denying is not a party to in any manner whatsoever. (5) An affidavit in support of the statement of admissions and denials shall be filed confirming the correctness of the contents of the statement. THE FOURTH SCHEDULE.—[ Enactments amended. ] Rep. by the Repealing and Amending Act, 1952 (48 of 1952), s . 2 and I Sch. (6) In the event that the court holds that any party has unduly refused to admit a document under any of the above criteria, costs (including exemplary costs) for deciding on admissibility of a document may be imposed by the court on such party. (2) The provisions of this rule are in addition to and not in derogation of anything contained in rule 10 of Order XXXIX." [ Vide Uttar Pradesh Act 37 of 1972, s. 7] *[ORDER XV-A Case Management Hearing "5. Striking off defense on non-deposit of admitted rent, etc.-- (1) In any suit by a lessor for the eviction of a lessee from any immovable property after the determination of his lease, and for the recovery from him of rent in respect of the period of occupation thereof during the continuance of the lease, or of compensation for the use or occupation thereof, whether instituted before or after the commencement of the Uttar Pradesh Civil Laws Amendment Act, 1972, the defendant shall, at or before the first hearing of the suit (or in the case of a suit instituted before the commencement of the said Act, the first hearing after such commencement), deposit the entire amount of rent, or compensation for use and occupation, admitted by him to be due, and thereafter throughout the continuance of the suit, deposit regularly the amount of monthly rent, or compensation for use and occupation, due at the rate admitted by him, and in the event of any default in this regard, the Court may, unless after considering any representation made by him in that behalf it allows him further time on security being furnished for the amount, refuse to entertain any defense or, as the case may be, strike-off his defense. 4. The general nature of some of the amendments we recommend may be conveniently illustrated by a brief examination of the extent to which the various stages of a suit will be affected by them. A . To begin with it is hoped that the multiplicity of suits will be further curtailed by the new provisions we have inserted to remove limitations which we regard as needless on the comprehensiveness of a suit, and by the wider powers of amendment vested in the courts under the Bill. An adequate check is provided by the power of a Court to interfere where embarrassment is likely to result. B . Increased facilities have been given for the service of process to which further reference is made in the Notes of Clauses. It is hoped that in the gradual introduction of service by post may be found a solution of one of the principal defects in our legal system. C . In our opinion it is most necessary that litigants in this country should come to trial with all issues clearly defined, and that cases should not be expanded or grounds shifted without reference to the true facts. For this purpose we think that the present system of pleadings in the mofussil, which is notoriously lax, should be improved, and we have incorporated in the rules an Order on pleadings, which it is hoped will lead to sounder and fairer methods of arriving at the real points in dispute. The forms have been revised and we hope that they will be brought into more general use in the mofussil. 4. Explanation renumbered as Explanation I thereof by Act 104 of 1976, s. 5 (w.e.f. 1-2-1977). 5. Ins. by s. 5, ibid . (w.e.f. 1-2-1977). Provided that, where a decree in such suit is appealed from any error, defect or irregularity in the order upholding jurisdiction shall be treated as one of the ground of objection in the memorandum of appeal as if it had been included in such memorandum; (3) in all cases, where a preliminary issue framed under section 9A has been decided, holding that the Court has no jurisdiction to entertain the suit, and a challenge to such decision is pending before an appellate or revisional Court, on the date of commencement of the Amendment Act, such appellate or revisional proceedings shall continue as if the Amendment Act has not been enacted and section 9A has not been deleted : Provided that, in case the appellate or revisional Court, while partly allowing such appeal or revision, remands the matter to the trial Court for reconsideration of the preliminary issue so framed under section 9A, upon receipt of these proceedings by the trial Court, all the provisions of the principal Act shall apply ; remands the matter to the trial Court for reconsideration of the preliminary issue so framed under 4. Admission and denial of documents. —(1) Each party shall submit a statement of admissions or denials of all documents disclosed and of which inspection has been completed, within fifteen days of the completion of inspection or any later date as fixed by the Court. (2) The statement of admissions and denials shall set out explicitly, whether such party was admitting or denying:— - (a) correctness of contents of a document; - (b) existence of a document; - (c) execution of a document; (d) issuance or receipt of a document; - (e) custody of a document. Explanation. --A statement of admission or denial of the existence of a document made in accordance with sub-rule (2)(b) shall include the admission or denial of the contents of a document. (3) Each party shall set out reasons for denying a document under any of the above grounds and bare and unsupported denials shall not be deemed to be denials of a document and proof of such documents may then be dispensed with at the discretion of the Court. (4) Any party may however submit bare denials for third party documents of which the party denying does not have any personal knowledge of, and to which the party denying is not a party to in any manner whatsoever. (5) An Affidavit in support of the statement of admissions and denials shall be filed confirming the correctness of the contents of the statement. 4. Admission and denial of documents.— (1) Each party shall submit a statement of admissions or denials of all documents disclosed and of which inspection has been completed, within fifteen days of the completion of inspection or any later date as fixed by the court. 4. Procedure.— (1) An application for summary judgment to a Court shall, in addition to any other matters the applicant may deem relevant, include the matters set forth in sub-rules (a) to (f) mentioned hereunder:— (a) the application must contain a statement that it is an application for summary judgment made under this Order; (b) the application must precisely disclose all material facts and identify the point of law, if any; (c) in the event the applicant seeks to rely upon any documentary evidence, the applicant must,-- (i) include such documentary evidence in its application, and (ii) identify the relevant content of such documentary evidence on which the applicant relies; (d) the application must state the reason why there are no real prospects of succeeding on the claim or defending the claim, as the case may be; (e) the application must state what relief the applicant is seeking and briefly state the grounds for seeking such relief. (2) Where a hearing for summary judgment is fixed, the respondent must be given at least thirty days' notice of:— (a) the date fixed for the hearing; and (b) the claim that is proposed to be decided by the Court at such hearing. 4. Failure to produce evidence.— Where the summons has been issued for the final disposal of the suit and either party fails without sufficient cause to produce the evidence on which he relies, the Court may at once pronounce judgment, or may, if it thinks fit, after framing and recording issues, adjourn the suit for the production of such evidence as may be necessary for its decision upon such issues.] STATE AMENDMENT Uttar Pradesh Amendment of Order XV.— In the First Schedule, in Order XV, for the existing rule 5, the following rule shall be substituted, namely :— "5. Striking off defense on failure to deposit admitted rent, etc.— (1) In any suit by a lessor for the eviction of a lessee after the determination of his lease and for the recovery from him of rent or compensation for use and occupation, the defendant shall, at or before the first hearing of the suit, deposit the entire amount admitted by him to be due together with interest thereon at the rate of nine per centum per annum and whether or not he admits any amount to be due, he shall throughout the continuation of the suit regularly deposit the monthly amount due within a week from the date of its accrual, and in the event of any default in making the deposit of the entire amount admitted by him to be due or the monthly amount due as aforesaid, the court may subject to the provisions of sub-rule (2), strike off his defense. 4. Procedure where insufficient sum paid in.— (1) Where it appears to the Court or to such officer as it appoints in this behalf that the sum paid into Court is not sufficient to cover such expenses or reasonable remuneration, the Court may direct such further sum to be paid to the person summoned as appears to be necessary on that account, and, in case of default in payment, may order such sum to be levied by attachment and sale of the movable property of the party obtaining the summons; or the Court may discharge the person summoned without requiring him to give evidence; or may both order such levy and discharge such person as aforesaid. 1. Subs. by Act 104 of 1976, s. 66, for rule 1 (w.e.f. 1-2-1977). 2. Subs. by Act 46 of 1999, s. 25, for certain words (w.e.f. 1-7-2002). 3. Subs. by Act 104 of 1976, s. 66, for rule 1A (w.e.f. 1-2-1977). 4. Ins. by Act 46 of 1999, s. 25 (w.e.f. 2-7-2002). 5. Ins. by Act 104 of 1976, s. 66 (w.e.f. 1-2-1977). 4. Procedure in case of death of one of several defendants or of sole defendant.— (1) Where one of two or more defendants dies and the right to sue does not survive against the surviving defendant or defendants alone or a sole defendant or sole surviving defendant dies and the right to sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased defendants to be made a party and shall proceed with the suit. (2) Any person so made a party may make any defence appropriate to his character as legal representative of the deceased defendant. (3) Where within the time limited by law no application is made under sub-rule (1), the suit shall abate as against the deceased defendant. 1[(4) The Court whenever it thinks fit, may exempt the plaintiff from the necessity of substituting the legal representatives of any such defendant who has failed to file a written statement or who, having filed it, has failed to appear and contest the suit at the hearing; and judgment may, in such case, be pronounced against the said defendant notwithstanding the death of such defendant and shall have the same force and effect as if it has been pronounced before death took place. (5) Where— 4. Procedure where plaintiff accepts deposit as satisfaction in part .—(1) Where the plaintiff accepts such amount as satisfaction in part only of his claim, he may prosecute his suit for the balance; and, if the Court decides that the deposit by the defendant was a full satisfaction of the plaintiff's claim, the plaintiff shall pay the costs of the suit incurred after the deposit and the costs incurred previous thereto, so far as they were caused by excess in the plaintiff's claim. (2) Procedure where he accepts it as satisfaction in full.— Where the plaintiff accepts such amount as satisfaction in full of his claim, he shall present to the Court a statement to that effect, and such statement shall be filed and the Court shall pronounce judgment accordingly; and, in directing by whom the costs of each party are to be paid, the Court shall consider which of the parties is most to blame for the litigation. Illustrations (a) A owes B Rs. 100. B sues A for the amount, having made no demand for payment and having no reason to believe that the delay caused by making a demand would place him at a disadvantage. On the plaint being filed, A pays the money into Court, B accepts it in full satisfaction of his claim, but the Court should not allow him any costs, the litigation being presumably groundless on his part. 4. Persons for whose examination commission may issue .—(1) Any Court may in any suit issue a commission[2] [for the examination on interrogatories or otherwise of—] (a) any person resident beyond the local limits of its jurisdiction; (b) any person who is about to leave such limits before the date on which he is required to be examined in Court; and 1. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977). 2. Subs. by s. 75, ibid ., for "for the examination of" (w.e.f. 1-2-1977). (c)[1] [any person in the service of the Government] who cannot in the opinion of the Court, attend without detriment to the public service: 2[Provided that where, under rule 19 of Order XVI, a person cannot be ordered to attend a Court in person, a commission shall be issued for his examination if his evidence is considered necessary in the interests of justice: Provided further that a commission for examination of such person on interrogatories shall not be issued unless the Court, for reasons to be recorded, thinks it necessary so to do.] (2) Such commission may be issued to any Court, not being a High Court, within the local limits of whose jurisdiction such person resides, or to any pleader or other person whom the Court issuing the commission may appoint. (3) The Court on issuing any commission under this rule shall direct whether the commission shall be returned to itself or to any subordinate Court. 4. Examination of applicant .—(1) Where the application is in proper form and duly presented, the Court may, if it thinks fit, examine the applicant, or his agent when the applicant is allowed to appear by agent regarding the merits of the claim and the property of the applicant. (2) If presented by agent, Court may order applicant to be examined by commission.— Where the application is presented by an agent, the Court may, if it thinks fit, order that the applicant be examined by a commission in the manner in which the examination of an absent witness may be taken. 5 . Rejection of application.— The Court shall reject an application for permission to use as[2] [an indigent person]— (a) where it is not framed and presented in the manner prescribed by rules 2 and 3, or (b) where the applicant is not[2] [an indigent person], or (c) where he has, within two months next before the presentation of the application, disposed of any property fraudulently or in order to be able to apply for permission to use as[2] [an indigent person]: 1[Provided that no application shall be rejected if, even after the value of the property disposed of by the applicant is taken into account, the applicant would be entitled to sue as an indigent person.] or (d) where his allegations do not show a cause of action, or 4. Preliminary decree in suit for sale.— (1) In a suit for sale, if the plaintiff succeeds, the Court shall pass a preliminary decree to the effect mentioned in clauses (a) , (b) and (c) (i) of sub-rule (1) of rule 2, and further directing that, in default of the defendant paying as therein mentioned, the plaintiff shall be entitled to apply for a final decree directing that the mortgaged property or a sufficient part thereof be sold, and the proceeds of the sale (after deduction therefrom of the expenses of the sale) be paid into Court and applied in payment of what has been found or declared under or by the preliminary decree due to the plaintiff, together with such amount as may have been adjudged due in respect of subsequent costs, charges, expenses and interest, and the balance, if any, be paid to the defendant or other persons entitled to receive the same. (2) The Court may, on good cause shown and upon terms to be fixed by the Court, from time to time, at any time before a final decree for sale is passed, extend the time fixed for the payment of the amount found or declared due under sub-rule (1) or of the amount adjudged due in respect of subsequent costs, charges, expenses and interest. 4. 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 plaintiff under this decree and under any further orders that may be passed in this suit and in payment of any amount which the Court may adjudge due to the plaintiff 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, and that the balance, if any, shall be paid to the defendant or other persons entitled to receive the same. 5 . And it is hereby further ordered and decreed that, if the money realised by such sale shall not be sufficient or payment in full of the amount payable to the plaintiff as aforesaid, the plaintiff shall be at liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law for the time being in force) to apply for a personal decree against the defendant for the amount of the balance; and that the parties are 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.) 4. And it is hereby further ordered and decreed that, in default of payment as aforesaid of the amount due to the plaintiff, the plaintiff shall be at liberty to apply to the Court for a final decree— (i) *[ in the case of a mortgage by conditional sale or an anomalous mortgage where the only remedy provided for in the mortgage-deed is foreclosure and not sale ] that the defendants jointly and severally 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 to the plaintiff quiet and peaceable possession of the said property; or (ii) *[ in the case of any other mortgage ] that the mortgaged property or a sufficient part thereof shall be sold; and that for the purposes of such sale the plaintiff shall produce before Court or such officer as it appoints, all documents in his possession or power relating to the mortgaged property; and 4. And it is hereby further ordered and decreed that, in default of payment as aforesaid, of the amount due to defendant No. 2, defendant No. 2 shall be at liberty to apply to the Court that the suit be dismissed or for a final decree— (i) * [ in the case of a mortgage by conditional sale or an anomalous mortgage where the only remedy provided for in the mortgage-deed is foreclosure and not sale ] that the plaintiff and defendant No. 1 jointly and severally 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 to the defendant No. 2 quiet and peaceable possession of the said property; or * Words not required to be deleted. (ii) * [ in the case of any other mortgage ] that the mortgaged property or a sufficient part thereof shall be sold; and that for the purposes of such sale defendant No. 2 shall produce before the Court such officer as it appoints, all documents in his possession or power relating to the mortgaged property; and We have not been able within the time at our disposal to make these forms, or the other forms in the Appendix to Schedule I complete: but this is a matter of detail which can be further considered before the Bill is passed into law. D . It is not possible to secure expedition in the disposal of suits, unless the questions of fact on which there is a real contest are narrowed down as far as possible. As a step towards this, we have incorporated in the rules an Order in which provision is made for the admission not only of documents, but also of facts. It must be left to litigants and their advisers to make adequate use of this Order: but it is hoped that the Courts will encourage the use of it, since it certainly affords a means whereby the two principal evils of litigation, delay and expense, can be materially diminished. E . We attach much importance to a proper use being made by Courts in the mofussil of the procedure prescribed for the first hearing. The Code as it stands makes provision for the examination of parties by the Court, and we have altered the language so as to compel the production of documents at the first hearing. In our opinion this will act as a substantial check on the fabrication of documentary evidence. 4. Only certain claims to be joined for recovery of immovable property.— No cause of action shall, unless with the leave of the Court, be joined with a suit for the recovery of immovable property, except— (a) claims for mesne profits or arrears of rent in respect of the property claimed or any part thereof; (b) claims for damages for breach of any contract under which the property or any part thereof is held; and (c) claims in which the relief sought is based on the same cause of action: Provided that nothing in this rule shall be deemed to prevent any party in a suit for foreclosure or redemption from asking to be put into possession of the mortgaged property. (2) Before making an order for striking off defense, the court may consider any representation made by the defendant in that behalf provided such representation is made within 10 days, of the first hearing or, of the expiry of the week referred to in sub-section (1), as the case may be. (3) The amount deposited under this rule may at any time be withdrawn by the plaintiff ; Provided that such withdrawal shall not have the effect of prejudicing any claim by the plaintiff disputing the correctness of the amount deposited ; Provided further that if the amount deposited includes any sums claimed by the depositor to be deductible on any account, the court may require the plaintiff to furnish security for such sum before he is allowed to withdraw the same." [ Vide Uttar Pradesh Act 57 of 1976, s. 7] Uttar Pradesh Insertion of new rule in Order XV Schedule 1 of 1908 .-- In the First Schedule to the said Code, in Order XV, after rule 4, the following rule shall be inserted, namely ; (4) in all cases, where an order granting an ad-interim relief has been passed under sub-section (2) of section 9A prior to its deletion, such order shall be deemed to be an ad-interim order made under Order XXXIX of the principal Act and the Court shall, at the time of deciding the application in which such an order is made, either confirm or vacate or modify such order. [ Vide Maharashtra Act 61 of 2018, sec. 3.] Maharashtra. — In section 3 of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018, for clause (1), the following clause shall be substituted and shall be deemed to have been substituted with effect from 27th June 2018, being the date of commencement of the said Act, namely:— "(1) where consideration of a preliminary issue framed under section 9A is pending on the date of commencement of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (hereinafter, in this section, referred to as "the Amendment Act"), the said issue shall be decided and disposed of by the Court under section 9A, as if the said section 9A has not been deleted;". [ Vide Maharashtra Act 72 of 2018, s. 2 (w.e.f. 27-6-2018.)] (6) In the event that the Court holds that any party has unduly refused to admit a document under any of the above criteria, - costs (including exemplary costs) for deciding on admissibility of a document may be imposed by the Court on such party. (7) The Court may pass orders with respect to admitted documents including for waiver of further proof thereon or rejection of any documents. (3) The respondent may, within thirty days of the receipt of notice of application of summary judgment or notice of hearing (whichever is earlier), file a reply addressing the matters set forth in clauses (a) to (f) mentioned hereunder in addition to any other matters that the respondent may deem relevant:— judgment or notice of hearing (whichever is earlier), file a reply addressing the matters set forth in (a) the reply must precisely-- (i) disclose all material facts; (ii) identify the point of law, if any; and (iii) state the reasons why the relief sought by the applicant should not be granted; * 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). (b) in the event the respondent seeks to rely upon any documentary evidence in its reply, the respondent must— (i) include such documentary evidence in its reply; and (ii) identify the relevant content of such documentary evidence on which the respondent relies; (c) the reply must state the reason why there are real prospects of succeeding on the claim or defending the claim, as the case may be; (d) the reply must concisely state the issues that should be framed for trial; (e) the reply must identify what further evidence shall be brought on record at trial that could not be brought on record at the stage of summary judgment; and "Explanation 1 — The expression 'first hearing' means the date for filing written statement or for hearing mentioned in the summons or where more than one of such dates are mentioned, the last of the dated mentioned. "Explanation 2 — The expression 'entire amount admitted by him to be due' means the entire gross amount, whether as rent or compensation for use and occupation, calculated at the admitted rate of rent for the admitted period of arrears after making no other deduction except the taxes, if any, paid to a local authority in respect of the building on lessor's account and the amount, if any, deposited in any court under section 30 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. "Explanation 3 — The expression 'monthly amount due' means the amount due every month, whether as rent or compensation for use and occupation at the admitted rate of rent, after making no other deductions except the taxes, if any, paid to a local authority in respect of the building on lessor's account. (2) Expenses of witnesses detained more than one day.— Where it is necessary to detain the person summoned for a longer period than one day, the Court may, from time to time, order the party at whose instance he was summoned to pay into Court such sum as is sufficient to defray the expenses of his detention for such further period, and, in default of such deposit being made, may order such sum to be levied by attachment and sale of the movable property of such party; or the Court may discharge the person summoned without requiring him to give evidence; or may both order such levy and discharge such person as aforesaid. (a) the plaintiff was ignorant of the death of a defendant, and could not, for that reason, make an application for the substitution of the legal representative of the defendant under this rule within the period specified in the Limitation Act, 1963 (36 of 1963), and the suit has, in consequence, abated, and (b) the plaintiff applies after the expiry of the period specified therefore in the Limitation Act, 1963 (36 of 1963), for setting aside the abatement and also for the admission of that application under section 5 of that Act on the ground that he had, by reason of such ignorance, sufficient cause for not making the application with the period specified in the said Act, the Court shall, in considering the application under the said section 5 have due regard to the fact of such ignorance, if proved.] (b) B sues A under the circumstances mentioned in illustration (a) . On the plaint being filed , A disputes the claim. Afterwards A pays the money into Court B accepts in full satisfaction of his claim. The Court should also give B his cost of suit. A's conduct having shown that the litigation was necessary. (c) A owes B Rs. 100, and is willing to pay him that sum without suit- B claims Rs. 150 and sues A for that amount. On the plaint being filed, A pays Rs. 100 into Court and disputes only his liability to pay the remaining Rs. 50. B accepts the Rs. 100 in full satisfaction of his claim. The Court should order him to pay A's costs. ORDER XXV Security for Costs 1[1. When security for costs may be required from plaintiff.—( 1 ) At any stage of a suit, the Court may, either of its own motion or on the application of any defendant, order the plaintiff, for reasons to be 1. Subs. by Act 66 of 1956, s. 14, for rule 1 (w.e.f. 1-1-1957). recorded, to give within the time fixed by it security for the payment of all costs incurred and likely to be incurred by any defendant: 3[4A. Commission for examination of any person resident within the local limits of the jurisdiction of the Court.— Notwithstanding anything contained in these rules, any court may, in the interest of justice or for the expeditious disposal of the case or for any other reason, issue commission in any suit for the examination, on interrogatories or otherwise, of any person resident within the local limits of its jurisdiction, and the evidence so recorded shall be read in evidence.] (e) where he has entered into any agreement with reference to the subject-matter of the proposed suit under which any other person has obtained an interest in such subject-matter;[1] [or] 1[(f) where the allegations, made by the applicant in the application show that the suit would be barred by any law for the time being in force, or (g) where any other person has entered into an agreement with him to finance the litigation.] (3) Power to decree sale in foreclosure suit.— In a suit for foreclosure in the case of an anomalous mortgage, if the plaintiff succeeds, the Court may, at the instance of any party to the suit or of any other person interested in the mortgage-security or the right of redemption, pass a like decree (in lieu of a decree for foreclosure) on such terms as it thinks fit, including the deposit in Court of a reasonable sum fixed by the Court to meet the expenses of the sale and to secure the performance of the terms. (4) Where, in a suit for sale or a suit foreclosure in which sale is ordered, subsequent mortgages or persons deriving title from, or subrogated to the rights of, any such mortgagees are joined as parties, the preliminary decree referred to in sub-rule (1) shall provide for the adjudication of the respective rights and liabilities of the parties to the suit in the manner and form set forth in Form No. 9, Form No. 10 or Form No. 11 as the case may be, of Appendix D with such variations as the circumstances of the case may require. 1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11. 1[ No. 6 FINAL DECREE FOR SALE (Order XXXIV, rule 5.) (Title) 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 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 plaintiff shall produce before the Court or such officer as it appoints all documents in his possession or power relating to the mortgaged property. (iii) *[ in the case where a sale is ordered under clause 4 (ii) above ] that the money realised by such sale shall be paid into Court and be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to the plaintiff under this decree and under any further orders that may have been passed in this suit and in payment of the amount which the Court may adjudge due to the plaintiff 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, and that the balance, if any, shall be applied in payment of the amount due to defendant No. 2; and that if any balance be left, it shall be paid to the defendant No. 1 or other persons entitled to receive the same; and (iv) that, if the money realised by such sale shall not be sufficient for payment in full of the amounts due to the plaintiff and defendant No. 2, the plaintiff or defendant No. 2 or both of them, as the case may be, shall be at liberty (when such remedy is open under the terms of their respective mortgages and is not barred by any law for the time being in force) to apply for a personal decree against defendant No. 1 for the amounts remaining due to them respectively. * Words not required to be deleted. (iii) * [ in the case where a sale is ordered under clause 4 (ii) above ] that the money realised such sale shall be paid into Court and be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to defendant No. 2 under the decree and any further orders that may be passed in this suit and in payment of the amount which the Court may adjudge due to defendant No. 2 in respect of such costs of the suit and such costs, charges and expenses as may be payable to plaintiff 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 applied in payment of the amount due to the plaintiff and that, if any balance be left, it shall be paid defendant No. 1 or other persons entitled to receive the same; and (iv) that, if the money realised by such sale shall not be sufficient for payment in full of the amounts due to defendant No. 2 and the plaintiff, defendant No. 2 or the plaintiff or both of them, as the case may be, shall be at liberty (when such remedy is open under the terms of their respective mortgages and is not barred by any law for the time being in force) to apply for a personal decree against defendant No. 1 for the amounts remaining due to them respectively. F. The provisions relating to the hearing of suits do not call for material alteration, but we have thought it well to provide expressly for the cases where a party dies between conclusion of the hearing and delivery of judgement. It would obviously be wrong that such an accident should in any way interfere with the disposal of the case, and we have therefore inserted a provision to enable judgment to be pronounced notwithstanding the death. G . A change of importance has been made in regard to decrees. In the first place, we have inserted an express provision recognizing the distinction between preliminary and final decrees. We hope in this way to afford facilities for checking the delay that now results from the objectionable practice of leaving for determination in execution questions which should be decided by decree. This change should ensure the more expeditious disposal of a class of suits which at present are conspicuous for the delay to which they 4. No party to be ordered to appear in person unless resident within certain limits.— No party shall be ordered to appear in person unless he resides— (a) within the local limits of the Court's ordinary original jurisdiction, or (b) without such limits but at place less than fifty or (where there is railway or steamer communication or other established public conveyance for five-sixths of the distance between the place where he resides and the place where the Court is situate) less than two hundred miles distance from the court-house. 1[4A. Procedure where there is no legal representative.— (1) If, in any suit, it shall appear to the Court that any party who has died during the pendency of the suit has no legal representative, the Court may, on the application of any party to the suit, proceed in the absence of a person representing the estate of the deceased person, or may by order appoint the Administrator-General, or an officer of the Court or such other person as it thinks fit to represent the estate of the deceased person for the purpose of the suit; and any judgment or order subsequently given or made in the suit shall bind the estate of the deceased person to the same extent as he would have been bound if a personal representative of the deceased person had been a party to the suit. (2) Before making an order under this rule, the Court— (a) may require notice of the application for, the order to be given to such (if any) of the persons having an interest in the estate of the deceased person as it thinks fit; and (b) shall as certain that the person proposed to be appointed to represent the estate of the deceased person is willing to be so appointed and has no interest adverse to that of the deceased person.] Provided that such an order shall be made in all cases in which it appears to the Court that a sole plaintiff is, or (when there are more plaintiffs than one) that all the plaintiffs are, residing out of India and that such plaintiff does not possess or that no one of such plaintiffs possesses any sufficient immovable property within India other than the property in suit. (2) Whoever leaves India under such circumstances as to afford reasonable probability that he will not be forthcoming whenever he may be called upon to pay costs shall be deemed to be residing out of India within the meaning of the proviso to sub-rule (1).] give rise. Another amendment of importance which we have introduced is in regard to mortgage suits. These are very numerous and involve complicated questions of law. Hitherto some confusion has been occasioned by the co-existence of the provisions of the Transfer of Property Act and of the Code in regard to execution in mortgage-suits. We think that the provisions regulating this matter should be dealt with in their entirety in the Code and we have therefore introduced rules in Order XXXIV to give effect to our view. We propose that the sections of the Transfer of Property Act affected by this change should be repealed. We desire to call the attention of those Provinces to which that Act does not apply to the effect of these changes. In our opinion it is expedient to give greater assistance to the Courts in the framing of decrees. The importance of this branch of procedure cannot be overrated; it is surrounded by difficulties which are a fruitful source of error and consequently of litigation. We have amplified the provisions of the Code to meet this defect, and have introduced some forms which can be adapted to meet the requirements of individual cases. We think that further forms might be added with advantage before the Bill becomes law. H. Amongst other matters we have removed limitations which at present exist on the power of appointing Receivers, and have conferred a power to appoint Receivers on Subordinate Courts. 4. Particulars to be given where necessary.— In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default, or undue influence, and in all other cases in which particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with dates and items if necessary) shall be stated in the pleading. 5. [ Further and better statement, or particulars .] Omitted by the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999) , s. 16 (w.e.f. 1-7-2002). 4. When plaintiff sues as representative.— Where the plaintiff sues in a representative character the plaint shall show not only that he has an actual existing interest in the subject-matter, but that he has taken the steps (if any) necessary to enable him to institute a suit concerning it. 4. Evasive-denial.— Where a defendant denies an allegation of fact in the plaint, he must not do so evasively, but answer the point of substance. Thus, if it is alleged that he received a certain sum of money, it shall not be sufficient to deny that he received that particular amount, but he must deny that he received that sum or any part thereof, or else set out how much he received. And if an allegation is made with diverse circumstances, it shall not be sufficient to deny it along with those circumstances. 4. Plaintiff may bring fresh suit or Court may restore suit to file.— Where a suit is dismissed under rule 2 or rule 3, the plaintiff may (subject to the law of limitation) bring a fresh suit; or he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for 2[such failure as is referred to in rule 2], or for his non-appearance, as the case may be, the Court shall make an order setting aside the dismissal and shall appoint a day for proceeding with the suit. 4. Consequence of refusal or inability of pleader to answer.— (1) Where the pleader of any party who appears by a pleader or any such person accompanying a pleader as is referred to in rule 2, refuses or is unable to answer any material question relating to the suit which the Court is of opinion that the party whom he represents ought to answer, and is likely to be able to answer if interrogated in person, the Court[2] [may postpone the hearing of the suit to a day not later than seven days from the date of first hearing] and direct that such party shall appear in person on such day. (2) If such party fails without lawful excuse to appear in person on the day so appointed, the Court may pronounce judgment against him, or make such order in relation to the suit as it thinks fit. ORDER XI Discovery and Inspection 4. Form of interrogatories.— Interrogatories shall be in Form No. 2 in Appendix C, with such variations as circumstances may require. 4. Notice to admit acts .—Any party, may, by notice in writing, at any time not later than nine days before the day fixed for the hearing, call on any other party to admit, for the purposes of the suit only, any specific fact or facts, mentioned in such notice. And in case of refusal or neglect to admit the same within six days after service of such notice, or within such further time as may be allowed by the Court, the costs of proving such fact or facts shall be paid by the party so neglecting or refusing, whatever the result of the suit may be, unless the Court otherwise directs: Provided that any admission made in pursuance of such notice is to be deemed to be made only for the purposes of the particular suit, and not as an admission to be used against the party on any other occasion or in favour of any person other than the party giving the notice: 5* * * * * 4. Endorsements on documents admitted in evidence.— (1) Subject to the provisions of the next following sub-rule, there shall be endorsed on every document which has been admitted in evidence in the suit the following particulars, namely:— - (a) the number and title of the suit, - (b) the name of the person producing the document, - (c) the date on which it was produced, and - (d) a statement of its having been so admitted, and the endorsement shall be signed or initialled by the Judge. (2) Where a document so admitted is an entry in a book, account or record, and a copy thereof has been substituted for the original under the next following rule, the particulars aforesaid shall be endorsed on the copy and the endorsement thereon shall be signed or initialled by the Judge. 4. Court may examine witnesses or documents before framing issues.— Where the Court is of opinion that the issues cannot be correctly framed without the examination of some person not before the Court or without the inspection of some document not[,] produced in the suit, it[3] [may adjourn the framing of issues to a day not later than seven days] and may (subject to any law for the time being in force) compel the attendance of any person or the production of any document by the person in whose possession or power it is by summons or other process. 1. Subs. by Act 104 of 1976, s. 64, for certain words (w.e.f. 1-2-1977). 2. Subs. by s. 64, ibid. , for rule 2 (w.e.f. 1-2-1977). 3. Subs. by Act 46 of 1999, s. 24, for certain words (w.e.f. 1-7-2002). 4. Recording of oral evidence on a day-to-day basis.— The Court shall, as far as possible, ensure that the recording of evidence shall be carried on, on a day-to-day basis until the cross-examination of all the witnesses is complete. 4. Recording of oral evidence on a day-to-day basis. —The court shall, as far as possible, ensure that the record of evidence shall be carried on, on a day-to-day basis until he cross examination of all the witnesses is complete. 4. Power of State Government to exclude certain persons from the operation of rule 2.— (1) The State Government may, at any time, having regard to the matters specified in sub-rule (2) , by general or special 1. Ins. by Act 104 of 1976, s. 67 . (w.e.f. 1-2-1977). order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained, and thereupon, so long as the order remains in force, no order made under rule 2, whether before or after the date of the order made by the State Government, shall have effect in respect of such person or class of persons. (2) Before making an order under sub-rule (1), the State Government shall have regard to the following matters, namely:— - (a) the nature of the offence for which, or the grounds on which, the person or class of persons - have been ordered to be confined or detained in prison; - (b) the likelihood of the disturbance of public order if the person or class of persons is allowed to - be removed from the prison; and - (c) the public interest, generally. 4. Court may control evidence .—(1) The court may, by directions, regulate the evidence as to issues on which it requires evidence and the manner in which such evidence may be placed before the court. (2) The court may, in its discretion and for reasons to be recorded in writing, exclude evidence that would otherwise be produced by the parties. 4. Transfer to Court of Small Causes. —Where a decree has been passed in a suit of which the value as set forth in the plaint did not exceed two thousand rupees and which, as regards its subject-matter, is not excepted by the law for the title being in force from the cognizance of either a Presidency or a Provincial Court of Small Causes, and the Court which passed it wishes it to be executed in Calcutta, Madras[3] [or Bombay], such Court may send to the Court of Small Causes in Calcutta, Madras[3] [or Bombay], as the case may be, the copies and certificates mentioned in rule 6; and such Court of Small Causes shall thereupon execute the decree as if it had been passed by itself. 4[5. Mode of transfer.— Where a decree is to be sent for execution to another Court, the Court which passed such decree shall send the decree directly to such other Court whether or not such other Court is situated in the same State, but the Court to which the decree is sent for execution shall, if it has no jurisdiction to execute the decree, send it to the Court having such jurisdiction.] 4. Proceedings in execution of decrees not affected.— Nothing in this Order shall apply to any proceedings in execution of a decree or order. ORDER XXIV Payment into Court 4. Application of Order to appeals.— In the application of this Order to appeals the word "defendant" shall be held to include a respondent and the word "suit" an appeal. 1[ Explanation.— In this Order, "statutory instrument" means a rule, notification, bye-law, order, scheme or form made as specified under any enactment.] ORDER XXVIII Suits by or against military[2] [ or naval ] men[3] [ or airmen ] 4. Rights of suit on death of partner.— (1) Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872 (9 of 1872), where two or more persons may sue or be sued in the name of a firm under the foregoing provisions and any of such persons dies, whether before the institution or during the pendency of any suit, it shall not be necessary to join the legal representative of the deceased as a party to the suit. (2) Nothing in sub-rule (1) shall limit or otherwise effect any right which the legal representative of the deceased may have— - (a) to apply to be made a party to the suit, or - (b) to enforce any claim against the survivor or survivors. 4. Who may act as next friend or he appointed guardian for the suit.— (1) Any person who is of sound mind and has attained majority may act as next friend of a minor or as his guardian for the suit: Provided that the interest of such person is not adverse to that of the minor and that he is not, in the case of a next friend, a defendant, or, in the case of a guardian for the suit, a plaintiff. (2) Where a minor has a guardian appointed or declared by competent authority, no person other than such guardian shall act as the next friend of the minor or be appointed his guardian for the suit unless the Court considers, for reasons to be recorded, that it is for the minor's welfare that another person be permitted to act or be appointed, as the case may be. (3) No person shall without his consent[3] [in writing] be appointed guardian for the suit. (4) Where there is no other person fit and willing to act as guardian for the suit, the Court may appoint any of its officers to be such guardian, and may direct that the costs to be incurred by such officer in the performance of his duties as such guardian shall be borne either by the parties or by any one or more of the parties to the suit, or out of any fund in Court in which the minor is interested[3] [or out of the property of the minor], and may give directions for the repayment or allowance of such costs as justice and the circumstances of the case may require. 4. Assistance of welfare expert.— In every suit or proceeding to which this Order applies, it shall be open to the Court to secure the services of such person (preferably a woman where available), whether related to the parties or not, including a person professionally engaged in promoting the welfare of the family as the Court may think fit, for the purpose of assisting the Court in discharging the functions imposed by rule 3 of this Order. 4. Procedure at first hearing.— (1) At the first hearing the Court may — (a) declare that the plaintiff is discharged from all liability to the defendants in respect of the thing claimed, award him his costs, and dismiss him from the suit; or (b) if it thinks that justice or convenience so require, retain all parties until the final disposal of the suit. (2) Where the Court finds that the admission of the parties or other evidence enable it to do so, it may adjudicate the title to the thing claimed. (3) Where the admissions of the parties do not enable the Court so to adjudicate, it may direct— (a) that an issue or issues between the parties be framed and tried, and (b) that any claimant be made a plaintiff in lieu of or in addition to the original plaintiff, and shall proceed to try the suit in the ordinary, manner. 1. Subs. by Act 21 of 1929, s. 7, for rule 15. 4. Parties to be subject to Court's jurisdiction.— Where the agreement has been filed, the parties to it shall be subject to the jurisdiction of the Court and shall be bound by the statements contained therein. 4. Power to set aside decree.— After decree the Court may, under special circumstances set aside the decree, and if necessary stay or set aside execution, and may give leave to the defendant to appear to the summons and to defend the suit, if it seems reasonable to the Court so to do, and on such terms as the Court thinks fit. 1. Subs. by Act 104 of 1976, s. 84, for rule 3. (w.e.f. 1-2-1977). 4. Procedure where defendant fails to furnish security or find fresh security.— Where the defendant fails to comply with any order under rule 2 or rule 3, the Court may commit him to the civil prison until the decision of the suit or, where a decree is passed against the defendant, until the decree has been satisfied: Provided that no person shall be detained in prison under this rule in any case for a longer period than six months, nor for a longer period than six weeks when the amount or value of the subject-matter of the suit does not exceed fifty rupees: Provided also that no person shall be detained in prison under this rule after he has complied with such order. Attachment before judgment 4. Order for injunction may be discharged, varied or set aside.— Any order for an injunction may be discharged, or varied, or set aside by the Court, on application made thereto by any party dissatisfied with such order: 2[Provided that if in an application for temporary injunction or in any affidavit supporting such application, a party has knowingly made a false or misleading statement in relation to a material particular and the injunction was granted without giving notice to the opposite party, the Court shall vacate the injunction unless, for reasons to be recorded, it considers that it is not necessary so to do in the interests of justice: Provided further that where an order for injunction has been passed after giving to a party an opportunity of being heard, the order shall not be discharged, varied or set aside on the application of that party except where such discharge, variation or setting aside has been necessitated by a change in the circumstances, or unless the Court is satisfied that the order has caused undue hardship to that party.] 4. Enforcement of receiver's duties.— Where a receiver— (a) fails to submit his accounts at such periods and in such form as the Court directs, or (b) fails to pay amount due from him as the Court directs, or (c) occasions loss to the property by his wilful default or gross negligence, the Court may direct his property to be attached and may sell such property, and may apply the proceeds to make good any amount found to be due from him or any loss occasioned by him, and shall pay the balance (if any) to the receiver. 4. One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all.— Where there are more plaintiffs or more defendants than one in a suit, and the decree appealed from proceeds on any ground common to all the plaintiffs or to all the defendants, any one of the plaintiffs or of the defendants may appeal from the whole decree, and thereupon the Appellate Court may reverse or vary the decree in favour of all the plaintiffs or defendants, as the case may be. Stay of proceedings and of execution 4. Sub-rule (3) omitted by the A.O. 1950. 1[(4) 2[Unless the Supreme Court otherwise directs, no decree or order of that Court] shall be inoperative on the ground that no notice has been served on or given to the legal representative of any deceased opposite party or deceased respondent in a case, where such opposite party or respondent did not appear either at the hearing in the Court whose decree was complained of or at any proceedings subsequent to the decree of that Court, but such order shall have the same force and effect as if it had been made before the death took place.] 4. Cost of reference to High Court. —The costs (if any) consequent on a reference for the decision of the High Court shall be costs in the case. 1 [4A. Reference to High Court under proviso to section 113. —The provisions of rules 2, 3 and 4 shall apply to any reference by the Court under the proviso to section 113 as they apply to a reference under rule 1; and] 4. [ Facts showing when the cause of action arose and that the Court has jurisdiction .] 4. The defendant has not repaid the sum so overpaid. [ As in paras. 4 and 5 of Form No. 1, and Relief claimed. ] No. 3 GOODS SOLD AT A FIXED PRICE AND DELIVERED (Title) A. B., the above-named plaintiff, states as follows:— 4. E.F. died on the……………day of.....20………By his last will he appointed his brother, the plaintiff, his executor. [ As in paras. 4 and 5 of Form No. 1, ] 4. The defenant did not take away the goods purchased by him, nor pay for them within [ ten days ] after the sale, nor afterwards. 4. The plaintiff as executor of X.Y., claims [ Relief claimed. ] No. 10 ON AN AWARD (Title) A.B., the above-named plaintiff, states as follows:— 4. On the………………….day of………….. 20…….., the plaintiff gave notice to the defendant of the non-payment of the rent, and demanded payment thereof. 4. The plaintiff was thereby [prevented from continuing the business of a tailor at the said place, was compelled to expend……..rupees in moving, and lost the custom of G.H. and I.J. by such removal]. [ As in paras. 4 and 5 of Form No. 1, and Relief claimed. ] No. 20 ON AN AGREEMENT OF INDEMNITY (Title) A. B., the above-named plaintiff, states as follows:— 4. The defendant has not paid the same to the plaintiff. [ As in paras. 4 and 5 of Form No. 1, and Relief claimed. ] No. 21 PROCURING PROPERTY BY FRAUD (Title) A. B., the above-named plaintiff, states as follows:— 4. The defendant has not paid for the goods, [ Or, if the goods were not delivered. ] The plaintiff, in preparing and shipping the goods and procuring their restoration, expended..............rupees. [ As in paras. 4 and 5 of Form No. 1, and Relief claimed. ] No. 22 FRAUDULENTLY PROCURING CREDIT TO BE GIVEN TO ANOTHER PERSON (Title) A. B., the above-named plaintiff, states as follows:— 4. E.F., [did not pay for the said goods at the expiration of the credit aforesaid, or ] has not paid for the said rice, and the plaintiff has wholly lost the same. [ As in paras. 4 and 5 of Form No. 1, and Relief claimed. ] No. 23 POLLUTING THE WATER UNDER THE PLAINTIFF'S LAND (Title) A. B., the above-named plaintiff, states as follows:— 4. The plaintiff was unable to graze the lands with cattle and sheep as he otherwise might have done, and was obliged to remove his cattle, sheep and farming stock therefrom, and has been prevented from having so beneficial and healthy a use and occupation of the lands as he otherwise would have had. [ As in paras. 4 and 5 of Form No. 1, and Relief claimed. ] No. 25 OBSTRUCTING A RIGHT OF WAY (Title) A. B., the above-named plaintiff, states as follows:— 4. (State special damage, if any) . [ As in paras. 4 and 5 of Form No. 1, and Relief claimed. ] No. 26 OBSTRUCTING A HIGHWAY (Title) 4. By reason thereof the plaintiff has been unable to grind more than....... sacks per day, whereas, before the said diversion of water, he was able to grind......sacks per day. [ As in paras. 4 and 5 of Form No. 1, and relief claimed. ] No. 28 OBSTRUCTING A RIGHT TO USE WATER FOR IRRIGATION (Title) A. B ., the above-named plaintiff, states as follows:— 4. Many persons, whose names are unknown to the plaintiff, hearing of the arrest, and supposing the plaintiff to be a criminal, have ceased to do business with him; or in consequence of the said arrest, the plaintiff lost his situation as clerk to one E.F .; or in consequence the plaintiff suffered pain of body and mind, and was prevented transacting his business, and was injured in his credit, and incurred expense in obtaining his release from the said imprisonment and in defending himself against the said complaint. [ As in paras. 4 and 5 of Form No. 1, and relief claimed ]. No. 32 MOVABLES WRONGFULLY DETAINED (Title) A. B., the above-named plaintiff, states as follows:— 4. That the said piece of ground contained in fact only [five bighas]. 5. [ Facts showing when the cause of action arose and that the Court has jurisdiction. ] 4. [ Facts showing when the cause of action arose and that the Court has jurisdiction. ] 4. The defendant refuses to deliver the same to the plaintiff and threatens to conceal, dispose of, cut or injure the same if required to deliver it up. 4. The defendant has possessed himself of the movable [and immovable, or the proceeds of the immovable] property of E.F. and has not paid the plaintiff his debt. [ As in paras. 4 and 5 of Form No. 1. ] 4. WRITTEN STATEMENTS General Defences Denial. —The defendant denies that (set out facts). The defendant does not admit that (set out facts). The defendant admits that………………but says that…………… The defendant denies that he is a partner in the defendant firm of…………………… Protest. —The defendant denies that he made the contract alleged or any contract with the plaintiff. The defendant denies that he contracted with the plaintiff's alleged or at all. The defendant admits assets but not the plaintiff's claim. The defendant denies that the plaintiff sold to him the goods mentioned in the plaint or any of them. Limitation. —The suit is barred by article.....................................or article...............of the Second Schedule to the Indian[1] Limitation Act, 1877 (15 of 1877). Jurisdiction. —The Court has no jurisdiction to hear the suit on the ground that (set forth the grounds) . On the ........................................................................................day of ....................... a diamond ring was delivered by the defendant to and accepted by the plaintiff in discharge of the alleged cause of action. Insolvency. —The defendant has been adjudged an insolvent. The plaintiff before the institution of the suit was adjudged an insolvent and the right to sue vested in the receiver. Minority. —The defendant was a minor at the time of making the alleged contract. 4. The defendant does not admit the statements contained in the third paragraph of the plaint. No. 6 DEFENCE IN ALL SUITS FOR WRONGS 4. The plaintiff has been guilty of laches of which the following are particulars:— 1870. Plaintiff 's mill began to work. 1871. Plaintiff came into possession. 1883. First complaint. 4. The following payment have been made, viz ,:— (Insert date)— Rs. 1,000 (Insert date)— Rs. 500 4. The defendant never took possession of the mortgaged property, or received the rents thereof. (if the defendant admits possession for a time only, he should state the time and deny possession beyond what he admits.) 4. The defendant submits that the plaintiff ought to pay the cost of this suit. No. 15 PROBATE OF WILL IN SOLEMN FORM 4. The execution of the said will and codicil was obtained by the fraud of the plaintiff, such fraud so far as is within the defendant's present knowledge, being [ state the nature of the fraud ]. 1. See now the Limitation Act, 1963 (36 of 1963). 2. See now the Indian Succession Act, 1925 (39 of 1925). 4. The last-mentioned documents were last in my possession or power on. [ State when and what has become of them and in whose possession they now are. ] 4. And it is hereby further ordered and decreed— (i) that the defendant 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 fined due, and the sum of Rs....................... for the costs of the suit awarded to the plaintiff. (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 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, 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 free from all liability whatsoever or arising from the mortgage or this suit and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said property. 4. And it is hereby further ordered and decreed— (i) that the defendant 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 plaintiff; (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 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, 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 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 shall, if so required, deliver up to the defendant quiet and peaceable possession of the said property. 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; (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 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. 4. 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 this decree and under any further orders that may be passed in this suit and in payment of any amount which the Court may adjudge due to the defendant 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, and that the balance, if any, shall be paid to the plaintiff or other persons entitled to the same. 4. And it is hereby further ordered and decreed that, in default of payment by defendant Nos. 1 and 2 as aforesaid, the plaintiff may apply to the Court for a final decree for sale, and on such application being made the mortgaged property or a sufficient part thereof shall be directed to be sold; and that for the purposes of such sale the plaintiff and defendant No. 2 shall produce before the Court or such officer as it appoints, all documents in their possession or power relating to the mortgaged property. 4. And it is ordered that the defendant do pay the plaintiff his costs of suit, the same to be taxed in case the parties differ. * Here insert name of proper officer. No. 20 FINAL DECREE IN AN ADMINISTRATION-SUIT BY NEXT-OF-KIN (Title) 4. And that the defendant [ or plaintiff] do on or before the ………… day of …………. pay to the plaintiff [ or defendant] the sum of Rs. ………… being the balance of the said sum of Rs …………. due to him, which will then remain due. No. 23 DECREE FOR RECOVERY OF LAND AND MESNE PROFIT (Title) IT is hereby decreed as follows:— 4. For reasons recorded, it shall be in the discretion of the officer conducting the sale to adjourn it subject always to the provisions of rule 69 of Order XXI. 4. I say that there is no false statement or concealment of any material fact, document or record and I have included information that is according to me, relevant for the present suit.