Section 6. The deceased made his true last will, dated the 1st January, 1873, and thereby appointed the defendant sole executor thereof

(1) that the Court will pronounce against the said will and codicil propounded by the plaintiff; (3) While fixing the date for a Case Management Hearing, the court may direct that the parties also be present for such Case Management Hearing, if it is of the view that there is a possibility of settlement between the parties. 6. I say that the above-mentioned pleading comprises of a total of ----- pages, each of which has been duly signed by me. (5) The court may give directions for admissibility of electronic records at any stage of the proceedings. Take notice that, in default of your appearance on the day before mentioned, the suit will be heard and determined in your absence. GIVEN under my hand and the seal of the Court, this..............day of.................................20………. Judge. NOTICE—1. Should you apprehend your witnesses will not attend of their own accord, you can have a summons from this Court to compel the attendance of any witness, and the production of any document that you have a right to call upon the witness to produce, on applying to the Court and on depositing the necessary expenses. (4) The parties relying on printouts or copy in electronic form, of any electronic records, shall not be required to give inspection of electronic records, provided a declaration is made by such party that each such copy, which has been produced, has been made from the original Electronic Records. (6) Any party may seek directions from the court and the court may of its motion issue directions for submission of further proof of any electronic record including metadata or logs before admission of such electronic record. [ 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)]. ______ ORDER XII Admissions 6. Arbitration .—Two questions of importance have arisen in connection with this subject: (1) should any of the sections of the Arbitration Act of 1899 be incorporated into the Code: (2) should the right of appeal, as now existing, be altered and, if so, in what direction? We are of opinion that the best course would undoubtedly be to eliminate from the Code all the clauses as to arbitration, and insert them in a new and comprehensive Arbitration Act. There are, perhaps, difficulties as to this at present. We have determined therefore to leave the arbitration clauses much as they are in the present Code: but we have placed them in a Schedule in the hope that at no distant date they may be transferred into a comprehensive Arbitration Act. 6. Particulars of set-off to be given in written statement.— (1) Where in a suit for the recovery of money the defendant claims to set-off against the plaintiff's demand any ascertained sum of money legally recoverable by him from the plaintiff, not exceeding the pecuniary limits of the jurisdiction of the Court, and both parties fill the same character as they fill in the plaintiff's suit, the defendant may, at the first hearing of the suit, but not afterwards unless permitted by the Court, presents a written statement containing the particulars of the debt sought to be set-off. (2) Effect of set-off.— The written statement shall have the same effect as a plaint in a cross-suit so as to enable the Court to pronounce a final judgment in respect both of the original claim and of the set-off: but this shall not affect the lien, upon the amount decreed, of any pleader in respect of the costs payable to him under the decree. (3) The rules relating to a written statement by a defendant apply to a written statement in answer to a claim of set-off. Illustrations (a) A bequeaths Rs. 2,000 to B and appoints C his executor and residuary legatee. B dies and D takes out administration to B's effects, C pays Rs, 1,000 as surety for D; then D sues C for the legacy. C cannot set-off the debt of Rs. 1,000 against the legacy, for neither C nor D fills the same character with respect to the legacy as they fill with respect to the payment of the Rs. 1,000. 6. Electronic records. —(1) In case of disclosures and inspection of Electronic Records (as defined in the Information Technology Act, 2000 (21 of 2000), furnishing of printouts shall be sufficient compliance of the above provisions. (2) At the discretion of the parties or where required (when parties wish to rely on audio or video content), copies of electronic records may be furnished in electronic form either in addition to or in lieu of printouts. (3) Where Electronic Records form part of documents disclosed, the declaration on oath to be filed by a party shall specify-- (a) the parties to such Electronic Record; (b) the manner in which such electronic record was produced and by whom; (c) the dates and time of preparation or storage or issuance or receipt of each such electronic record; (d) the source of such electronic record and date and time when the electronic record was printed; (e) in case of e-mail ids, details of ownership, custody and access to such e-mail ids; (f) in case of documents stored on a computer or computer resource (including on external servers or cloud), details of ownership, custody and access to such data on the computer or computer resource; (g) deponent's knowledge of contents and correctness of contents; 6. Electronic Records.— (1) In case of disclosures and inspection of electronic records as defined in the Information Technology Act, 2000 (21 of 2000), furnishing of printouts shall be sufficient compliance of the above provisions. 6. Powers of the Court in a Case Management Hearing.— (1) In any Case Management Hearing held under this Order, the Court shall have the power to— (a) prior to the framing of issues, hear and decide any pending application filed by the parties under Order XIII-A; (b) direct parties to file compilations of documents or pleadings relevant and necessary for framing issues; (c) extend or shorten the time for compliance with any practice, direction or Court order if it finds sufficient reason to do so; (d) adjourn or bring forward a hearing if it finds sufficient reason to do so; (e) direct a party to attend the Court for the purposes of examination under Rule 2 of Order X; (f) consolidate proceedings; (g) strike off the name of any witness or evidence that it deems irrelevant to the issues framed; (h) direct a separate trial of any issue; (i) decide the order in which issues are to be tried; (j) exclude an issue from consideration; (k) dismiss or give judgment on a claim after a decision on a preliminary issue; (l) direct that evidence be recorded by a Commission where necessary in accordance with Order XXVI; (m) reject any affidavit of evidence filed by the parties for containing irrelevant, inadmissible or argumentative material; (n) strike off any parts of the affidavit of evidence filed by the parties containing irrelevant, inadmissible or argumentative material; 6. Powers of the court in a Case Management Hearing.— (1) In any Case Management Hearing held under this order, the court shall have the power to - (a) prior to the framing of issues, hear and decide any pending application filed by the parties under Order XIII-A; (b) direct parties to file compilations of documents or pleadings relevant and necessary for framing issues; (c) extend or shorten the time for compliance with any practice, direction or court order if it finds sufficient reason to do so; (d) adjourn or bring forward a hearing if it finds sufficient reason to do so; (e) direct a party to attend the court for the purposes of examination under Rule 2 of Order X; (f) consolidate proceedings; (g) strike off the name of any witness or evidence that it deems irrelevant to the issues framed; (h) direct a separate trial of any issue; (i) decide the order in which issues are to be tried; (j) exclude an issue from consideration; (k) dismiss or give judgment on a claim after a decision on a preliminary issue; (l) direct that evidence be recorded by a Commission where necessary in accordance with Order XXVI; (m) reject any affidavit of evidence filed by the parties for containing irrelevant, inadmissible or argumentative material; (n) strike off any parts of the affidavit of evidence filed by the parties containing irrelevant, inadmissible or argumentative material; 6. Format and guidelines of affidavit of evidence. —An affidavit must comply with the form and requirements set forth below:— (a) such affidavit should be confined to, and should follow the chronological sequence of, the dates and events that are relevant for proving any fact or any other matter dealt with; (b) where the court is of the view that an affidavit is a mere reproduction of the pleadings, or contains the legal grounds of any party's case, the court may, by order, strike out the affidavit or such parts of the affidavit, as it deems fit and proper; 1. Ins. by Act 46 of 1999, s. 27 (w.e.f. 1-7-2002). (c) each paragraph of an affidavit should, as far as possible, be confined to a distinct portion of the subject; (d) an affidavit shall state— (i) which of the statements in it are made from the deponent's own knowledge and which are matters of information or belief; and (ii) the source for any matters of information or belief. (e) an affidavit should— (i) have the pages numbered consecutively as a separate document (or as one of several documents contained in a file); (ii) be divided into numbered paragraphs; (iii) have all numbers, including dates, expressed in figures; and (iv) if any of the documents referred to in the body of the affidavit are annexed to the affidavit or any other pleadings, give the annexures and page numbers of such documents that are relied upon. 6. Format and guidelines of affidavit of evidence.— An affidavit must comply with the form and requirements set forth below:— (a) such affidavit should be confined to, and should follow the chronological sequence of, the dates and events that are relevant for proving any fact or any other matter dealt with; (b) where the Court is of the view that an affidavit is a mere reproduction of the pleadings, or contains the legal grounds of any party's case, the Court may, by order, strike out the affidavit or such parts of the affidavit, as it deems fit and proper; (c) each paragraph of an affidavit should, as far as possible, be confined to a distinct portion of the subject; (d) an affidavit shall state— (i) which of the statements in it are made from the deponent's own knowledge and which are matters of information or belief; and (ii) the source for any matters of information or belief; (e) an affidavit should— ___________________ * 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). (i) have the pages numbered consecutively as a separate document (or as one of several documents contained in a file); (ii) be divided into numbered paragraphs; (iii) have all numbers, including dates, expressed in figures; and 6. The deceased made his true last will, dated the 1st January, 1873, and thereby appointed the defendant sole executor thereof. The defendant claims— 6. And it is hereby further ordered and decreed *[ in the case where a sale is ordered under clause 5 above ] — (i) 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) first in payment of the amount paid by defendant No. 2 in respect of the plaintiff's mortgage and the costs of the suit in connection therewith and in payment of the amount which the Court may adjudge due in respect of subsequent interest on the said amount; and that the balance, if any, shall then be applied in payment of the amount adjudged due to defendant No. 2 in respect of his own mortgage under this decree and any further orders that may be passed and in payment of the amount which the Court may adjudge due in respect of such costs of this suit and such costs, charges and expenses as may be payable to defendant No. 2 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 defendant No. 1 or other persons entitled to receive the same; and 6. And it is hereby further ordered and decreed (in the case where a sale is ordered under clause 5 above) — (i) 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) first in payment of the amount paid by the plaintiff in respect of defendant No. 2's mortgage and the cost of the suit in connection therewith and in payment of the amount which the Court may adjudge due in respect of subsequent interest on the said amount; and that the balance, if any, shall then be applied in payment of the amount adjudged due to the plaintiff in respect of his own mortgage under this decree and any further orders that may be passed and in payment of the amount which the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may by payable to the 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 be paid to defendant No. 1 or other persons entitled to receive the same; and * Words not required to be deleted In regard to appeals, some change has been made. Upon this question, adopting the view of the Judicial Committee as expressed in Ghulam's case (I.L.R., 29 Cal., 167) we are strongly in favour of finality in cases of arbitration. If rights of appeal be given, the disappointed party will take advantage of every such right. To meet the difficulty expressed in the case reported in I.L.R., 25 Cal., 141, (which followed many other cases in the Calcutta High Court) we have inserted the words "or being othewise invalid" in sub-section (c) of section 521 of the present Code. If, therefore, either party considers the award is invalid on any ground he can apply to have it set aside. We have thought it right to give one appeal from the opinion expressed by the Court on a special case under section 517, and to allow one appeal as from order under sections 521, 523 and 526. And having regard to the rather wide language of the Judicial Committee in Ghulam's case, we have further thought it advisable to make it clear that an order granting an application either under section 523 or 526 is not be deemed a decree within the meaning of the Code; otherwise there would be a wider right to appeal from orders under these sections than from a decree under section 522. The other alterations deal with the text, rather than with any question of policy, or principle. (2) When the court passes an order in exercise of its powers under this order, it may- (a) make it subject to conditions, including a condition to pay a sum of money into court; and (b) specify the consequence of failure to comply with the order or a condition. 6. The word "and" omitted by s. 3, ibid . (w.e.f. 9-9-1972). 1[(b) "Commencement of the Constitution" means the 26th day of January, 1950; and (c) "Ruler", in relation to a former Indian State, has the same meaning as in article 363 of the Constitution. ] Interpleader (b) A dies intestate and in debt to B. C takes out administration to A's effects and B buys part of the effects from C. In a suit for the purchase-money by C against B, the latter cannot set-off the debt against the price, for C fills two different characters, one as the vendor to B, in which he sues B, and the other as representative to A. - (c) A sues B on a bill of exchange. B alleges that A has wrongfully neglected to insure B's goods and is liable to him in compensation which he claims to set-off. The amount not being ascertained cannot be set-off. (h) whether the computer or computer resource used for preparing or receiving or storing such document or data was functioning properly or in case of malfunction that such malfunction did not affect the contents of the document stored; (i) that the printout or copy furnished was taken from the original computer or computer resource. (4) The parties relying on printouts or copy in electronic form, of any electronic records, shall not be required to give inspection of electronic records, provided a declaration is made by such party that each such copy, which has been produced, has been made from the original electronic record. (5) The Court may give directions for admissibility of Electronic Records at any stage of the proceedings. (6) Any party may seek directions from the Court and the Court may of its motion issue directions for submission of further proof of any electronic record including metadata or logs before admission of such electronic record. (o) delegate the recording of evidence to such authority appointed by the Court for this purpose; (p) pass any order relating to the monitoring of recording the evidence by a commission or any other authority; (q) order any party to file and exchange a costs budget; (r) issue directions or pass any order for the purpose of managing the case and furthering the overriding objective of ensuring the efficient disposal of the suit. (2) When the Court passes an order in exercise of its powers under this Order, it may— (a) make it subject to conditions, including a condition to pay a sum of money into Court; and (b) specify the consequence of failure to comply with the order or a condition. (3) While fixing the date for a Case Management Hearing, the Court may direct that the parties also be present for such Case Management Hearing, if it is of the view that there is a possibility of settlement between the parties. (o) delegate the recording of evidence to such authority appointed by the court for this purpose; (p) pass any order relating to the monitoring of recording the evidence by a commission or any other authority; (q) order any party to file land exchange a costs budget; (r) issue directions or pass any order for the purpose of managing the case and furthering the overriding objective of ensuring the efficient disposal 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)]. *[ 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. (iv) if any of the documents referred to in the body of the affidavit are annexed to the affidavit or any other pleadings, give the annexures and page numbers of such documents that are relied upon.] Amendment of Order XIX .—In the Schedule, in Order XIX, in rule 1, for the existing proviso, the following proviso shall be substituted, namely:-- "Provided that if it appears to the Court, whether at the instance of either party, or otherwise and whether before or after the filing of such affidavit, that the production of such witness for crossexamination is necessary and his attendance can be produced, the Court shall order the attendance of such witness, whereupon the witness may be examined, cross-examined and re-examined." [ Vide Uttar Pradesh Act 57 of 1976, s. 9] ORDER XX Judgment and decree 1[ 2 1. Judgment when pronounced.— 3[(1) The Court, after the case has been heard, shall pronounce judgment in an open Court, either at once, or as soon thereafter as may be practicable and when the judgment is to be pronounced on some future day, the Court shall fix a day for that purpose, of which due notice shall be given to the parties or their pleaders:] (ii) that, if the money realised by such sale shall not be sufficient for payment in full of the amount due in respect of the plaintiff's mortgage or defendant No. 2's mortgage, defendant No. 2 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 No. 1 for the amount of the balance. (ii) that, if the money realised by such sale shall not be sufficient for payment in full of the amount due in respect of defendant No. 2's mortgage or the plaintiff ' s mortgage, defendant No. 2 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 defendant No. 1 for the amount of the balance. " Explanation (I-A) — Particulars mentioned in clause (c) are exempt from sale in execution of a decree whether passed before or after the commencement of the Code of Civil Procedure (United Provinces Amendment) Act, 1908, for enforcement of a mortgage or charge thereon". [ Vide Uttar Pradesh Act XXXV of 1948, s. 2] (2) that the Court will decree probate of the will of the deceased, dated the 1st January, 1873, in solemn form of law. No. 16 PARTICULARS (O. VI, r. 5.) (Title of suit) Particulars. —The following are the particulars of (here state the matters in respect of which particulars have been ordered) delivered pursuant to the order of the……………..of……………. (Here set out the particulars ordered in paragraphs if necessary). APPENDIX B PROCESS No. 1. SUMMONS FOR DISPOSAL OF SUIT (O. V, Rr.1, 5.) (Title ) T o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name, description and place of residence.] WHEREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has instituted a suit against you for you are hereby summoned to appear in this Court in person or by a pleader duly instructed and able to answer all material questions relating to the suit, or who shall be accompanied by some person; able to answer all such questions, on the..........................day of...............20..................,at.........................o'clock in the.................................... noon, to answer the claim; and as the day fixed for your appearance is appointed for the final disposal of the suit, you must be prepared to produce on that day all the witnesses upon whose evidence and all the documents upon which you intend to rely in support of your defence. 6. Joinder of parties liable on same contract.— The plaintiff may, at his option, join as parties to the same suit all or any of the persons severally, or jointly and severally, liable on any one contract, including parties to bills of exchange, hundis and promissory notes. Provided that, where the judgment is pronounced by dictation in open Court, the transcript of the judgment so pronounced shall, after making such correction therein as may be necessary, be signed by the judge, bear the date on which it was pronounced, and form a part of the record.] 6. Agent to accept service.— (1) Besides the recognised agents described in rule 2 any person residing within the jurisdiction of the Court may be appointed an agent to accept service of process. (2) Appointment to be in writing and to be filed in Court.— Such appointment may be special or general and shall be made by an instrument in writing signed by the principal, and such instrument or, if the appointment is general, a certified copy thereof shall be filed in Court. 2[(3) The Court may, at any stage of the suit, order any party to the suit not having a recognised agent residing within the jurisdiction of the Court, or a pleader who has been duly appointed to act in the Court on his behalf, to appoint, within a specified time, an agent residing within the jurisdiction of the Court to accept service of the process on his behalf.] ORDER IV Institution of suits 6. Fixing day for appearance of defendant.— The day[2] [under sub-rule (1) of rule 1] shall be fixed with reference to the current business of the Court, the place of residence of the defendant and the time necessary for the service of the summons; and the day shall be so fixed as to allow the defendant sufficient time to enable him to appear and answer on such day. 6. Condition precedent. —Any condition precedent, the performance or occurrence of which is intended to be contested, shall be distinctly specified in his pleading by the plaintiff or defendant, as the case may be; and, subject thereto, an averment of the performance or occurrence of all conditions precedent necessary for the case of the plaintiff or defendant shall be implied in his pleading. 6. Grounds of exemption from limitation law.— Where the suit is instituted after the expiration of the period prescribed by the law of limitation, the plaint shall show the ground upon which exemption from such law is claimed: 1[Provided that the Court may permit the plaintiff to claim exemption from the law of limitation on any ground not set out in the plaint, if such ground is not inconsistent with the grounds set out in the plaint.] 6. Procedure when only plaintiff appears.— (1) Where the plaintiff appears and the defendant does not appear when the suit is called on for hearing, then— 1[(a) When summons duly served.— if it is proved that the summons was duly served, the Court may make an order that the suit shall be heard ex parte ;] (b) When summons not duly served.— if it is not proved that the summons was duly served, the Court shall direct a second summons to be issued and served on the defendant; (c) When summons served but not in due time.— if it is proved that the summons was served on the defendant, but not in sufficient time to enable him to appear and answer on the day fixed in the summons, the Court shall postpone the hearing of the suit to a future day to be fixed by the Court, and shall direct notice of such day to be given to the defendant. (2) Where it is owing to the plaintiff's default that the summons was not duly served or was not served in sufficient time, the Court shall order the plaintiff to pay the costs occasioned by the postponement. 6. Objections to interrogatories by answer.— Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit, or that the matters inquired into are not sufficiently material at that stage,[4] [or on the ground of privilege or any other ground], may be taken in the affidavit in answer. 7 . Setting aside and striking out interrogatories.— Any interrogatories may be set aside on the ground that they have been exhibited unreasonably or vexatiously, or struck out on the ground that they are prolix, oppressive, unnecessary or scandalous; and any application for this purpose may be made within seven days after service of the interrogatories. 6. Endorsements on documents rejected an inadmissible in evidence.— Where a document relied on as evidence by either party is considered by the Court to be inadmissible in evidence, there shall be endorsed thereon the particulars mentioned in clauses (a), (b) and (c) of rule 4, sub-rule (1) together with a statement of its having been rejected, and the endorsement shall be signed or initialled by the Judge. 6. Orders that may be made by Court.— (1) On an application made under this Order, the Court may make such orders that it may deem fit in its discretion including the following:— - (a) judgment on the claim; (b) conditional order in accordance with Rule 7 mentioned hereunder; - (c) dismissing the application; (d) dismissing part of the claim and a judgment on part of the claim that is not dismissed; (e) striking out the pleadings (whether in whole or in part); or (f) further directions to proceed for case management under Order XV-A. (2) Where the Court makes any of the orders as set forth in sub-rule (1)(a) to (f), the Court shall record its reasons for making such order. 6. Questions of fact or law may by agreement be stated in form of issues.— (1) Where the parties to a suit are agreed as to the question of fact or of law to be decided between them, they may state the same in the form of an issue, and enter into an agreement in writing that, upon the finding of the Court in the affirmative or the negative or such issue,— (a) a sum of money specified in the agreement or to be ascertained by the Court, or in such manner as the Court may direct, shall be paid by one of the parties to the other of them, or that one of them be declared entitled to some right or subject some liability specified in the agreement; (b) some property specified in the agreement and in dispute in the suit shall be delivered by one of the parties to the other of them, or as that other may direct; or (c) one or more of the parties shall do or abstain from doing some particular act specified in the agreement and relating to the matter in dispute. 6. Summons to produce document.— Any person may be summoned to produce a document, without being summoned to give evidence; and any person summoned merely to produce a document shall be deemed to have complied with the summons if he causes such document to be produced instead of attending personally to produce the same. 6. Prisoner to be brought to Court in custody.— In any other case, the officer in charge of the prison shall, upon delivery of the Court's order, cause the person named therein to be taken to the Court so as to be present at the time mentioned in such order, and shall cause him to be kept in custody in or near the Court until he has been examined or until the Court authorises him to be taken back to the prison in which he is confined or detained. 6. Contents of decree.— (1) The decree shall agree with the judgment; it shall contain the number of the suit, the[3] [names and descriptions of the parties, their registered addresses,] and particulars of the claim, and shall specify clearly the relief granted or other determination of the suit. (2) The decree shall also state the amount of costs incurred in the suit, and by whom or out of what property and in what proportions such costs are to be paid. (3) The Court may direct that the costs payable to one party by the other shall be set off against any sum which is admitted or found to be due from the former to the latter. 4 [6A. Preparation of decree.— (1) Every endeavour shall be made to ensure that the decree is drawn up as expeditiously as possible and, in any case, within fifteen days from the date on which the judgment is pronounced. (2) An appeal may be preferred against the decree without filing a copy of the decree and in such a case the copy made available to the party by the court shall for the purposes of rule 1 of Order XLI be treated as the decree. But as soon as the decree is drawn, the judgment shall cease to have the effect of a decree for the purposes of execution or for any other purpose. 6. Procedure where Court desires that its own decree shall be executed by another Court.— The Court sending a decree for execution shall send— - (a) a copy of the decree; (b) a certificate setting forth that satisfaction of the decree has not been obtained by execution within the jurisdiction of the Court by which it was passed, or, where the decree has been executed in part, the extent to which satisfaction has been obtained and what part of the decree remains unsatisfied; and (c) a copy of any order for the execution of the decree, or, if no such order has been made, a certificate to that effect. 6. No abatement by reason of death after hearing.— Notwithstanding anything contained in the foregoing rules, whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the conclusion of the hearing and the pronouncing of the judgment, but judgment may in such case be pronounced notwithstanding the death and shall have the same force and effect as if it had been pronounced before the death took place. 6. Court to examine witness pursuant to Commission.— Every Court receiving a commission for the examination of any person shall examine him or cause him to be examined pursuant thereto. 7 . Return of commission with depositions of witnesses.— Where a commission has been duly executed, it shall be returned, together with the evidence taken under it, to the Court from which it was issued, unless the order for issuing the commission has otherwise directed, in which case the commission shall be returned in terms of such order; and the commission and the returned thereto and the evidence taken under it shall[5] [(subject to the provisions of rule 8)] from part of the record of the suit. 6. Attendance of person able to answer questions relating to suit against Government.— The Court may also, in any case in which the[1] [Government pleader] is not accompanied by any person on the part of[2] [the Government] who may be able to answer any material questions relating to the suit, direct the attendance of such a person. 6. Appearance of partners.— Where persons are sued as partners in the name of their firm, they shall appear individually in their own names, but all subsequent proceedings shall, nevertheless, continue in the name of the firm. 6. Receipt by next friend or guardian for the suit of property under decree for minor.— (1) A next friend or guardian for the suit shall not, without the leave of the Court, receive any money or other movable property on behalf of a minor either— (a) by way of compromise before decree or order, or - (b) under a decree or order in favour of the minor. (2) Where the next friend or guardian for the suit has not been appointed or declared by competent authority to be guardian of the property of the minor, or, having been so appointed or declared, is under any disability known to the Court to receive the money or other movable property, the Court shall, if it grants him leave to receive the property, require such security and give such directions as will, in its opinion, sufficiently protect the property from waste and ensure its proper application : 1[Provided that the Court may, for reasons to be recorded, dispense with such security while granting leave to the next friend or guardian for the suit to receive money or other movable property under a decree or order, where such next friend or guardian— (a) is the manager of a Hindu undivided family and the decree or order relates to the property or business of the family; or - (b) is the parent of the minor.] 6. "Family"—meaning of.— For the purposes of this Order, each of the following shall be treated as constituting a family, namely:— - (a) (i) a man and his wife living together, (ii) any child or children, being issue of theirs; or of such man or such wife, (iii) any child or children being maintained by such man and wife; (b) a man not having a wife or not living together with his wife, any child or children, being issue of his, and any child or children being maintained by him; (c) a women not having it husband or not living together with her husband, any child or children being issue of hers, and any child or children being maintained by her; (d) a man or woman and his or her brother, sister, ancestor or lineal descendant living with him or her; and (e) any combination of one or more of the groups specified in clause (a) , clause (b) , clause (c) or clause (d) of this rule. Explanation. —For the avoidance of doubts, it is hereby declared that the provisions of rule 6 shall be without any prejudice to the concept of "family" in any personal law or in another law for the time being in force.] ORDER XXXIII 1[ Suits by indigent persons ] 6. Notice of day for receiving evidence of applicant's indigency.— Where the Court sees no reason to reject the application on any of the grounds stated in rule 5, it shall fix a day (of which at least ten day's clear notice shall be given to the opposite party and the Government pleader) for receiving such evidence as the applicant may adduce in proof of his indigency, and for hearing any evidence which may be adduced in disproof thereof. 6. Charge for plaintiff's costs.— Where the suit is properly instituted the Court may provide for the costs of the original plaintiff by giving him a charge on the thing claimed or in some other effectual way. ORDER XXXVI SPECIAL CASE 1[ 6. No appeal from a decree passed under rule 5.— No appeal shall lie from a decree passed under rule 5.] ORDER XXXVII SUMMARY PROCEDURE[2] * 6. Recovery of cost of noting non-acceptance of dishonoured bill or note.— The holder of every dishonoured bill of exchange or promissory note shall have the same remedies for the recovery of the expenses incurred in noting the same for non-acceptance or non-payment, or otherwise, by reason of such dishonour, as he has under this Order for the recovery of the amount of such bill or note. 6. Attachment where cause not shown or security not furnished.— (1) Where the defendant fails to show cause why he should not furnish security, or fails to furnish the security required, within the time fixed by the Court, the Court may order that the property specified, or such portion thereof as appears sufficient to satisfy any decree which may be passed in the suit, be attached. (2) Where the defendant shows such cause or furnishes the required security, and the property specified or any portion of it has been attached, the Court shall order the attachment to be withdrawn, or make such other order as it thinks fit. 6. Power to order interim sale.— The Court may, on the application of any party to a suit, order the sale, by any person named in such order, and in such manner and on such terms as it thinks fit, of any movable property, being the subject-matter of such suit, or attached before judgment in such suit, which is subject to speedy and natural delay, or which for any other just and sufficient cause, it may be desirable to have sold at once. 6. Security in case of order for execution of decree appealed from. —(1) Where an order is made for the execution of a decree from which an appeal is pending, the Court which passed the decree shall, on sufficient cause being shown by the appellant, require security to be taken for the restitution of any property which may be or has been taken in execution of the decree or for the payment of the value of 1. Ins. by Act 104 of 1976, s. 87. (w.e.f. 1-2-1977). 2. Subs. by s. 87, ibid ., for certain words (w.e.f. 1-2-1977). such property and for the due performance of the decree or order of the Appellate Court, or the Appellate Court may for like cause direct the Court which passed the decree to take such security. (2) Where an order has been made for the sale of immovable property in execution of a decree, and an appeal is pending from such decree, the sale shall, on the application of the judgment-debtor to the Court which made the order, be stayed on such terms as to giving security or otherwise as the Court thinks fit until the appeal is disposed of. 7.[1] [ No security to be required from the Government or a public officer in certain cases .] Rep. by the A.O. 1937. 6. Effect of refusal of certificate.— Where such certificate is refused, the petition shall be dismissed. 6. Power to refer to High Court questions as to jurisdiction in small causes. —(1) Where at any time before judgment a Court in which a suit has been instituted doubts whether the suit is cognizable by a Court of Small Causes or is not so cognizable, it may submit the record to the High Court with a statement of its reasons for the doubt as to the nature of the suit. (2) On receiving the record and statement, the High Court may order the Court either to proceed with the suit or to return the plaint for presentation to such other Court as it may in its order declare to be competent to take cognizance of the suit. 6. Application where rejected.— (1) Where the application for a review is heard by more than one Judge and the Court is equally divided, the application shall be rejected. (2) Where there is a majority, the decision shall be according to the opinion of the majority. 6. The plaintiff claims…………rupees, with interest at………………per cent. from the……day of …….20…………. No. 2 MONEY OVERPAID (Title) A. B., the above named plaintiff, states as follows:— 6. The plaintiff claims— (1) delivery of the said goods, or ........... rupees, in case delivery cannot be had; (2) .................rupees compensation for the detention thereof. No. 33 AGAINST A FRAUDULENT PURCHARER AND HIS TRANSFEREE WITH NOTICE (Title) A. B., the above-named plaintiff, states as follows:— 6. The value of the subject-matter of the suit for the purpose of jurisdiction is ………….. rupees and for the purpose of court-fees is ………….. rupees. 6. The value of the subject-matter of the suit for the purpose of jurisdiction is.............rupees and for the purpose of court-fees is...................rupees. 6. The plaintiff claims that the defendant be restrained by injunction from committing or permitting any further waste on the said premises. [ Pecuniary compensation may also be claimed. ] No. 36 INJUNCTION RESTRAINING NUISANCE (Title) - A. B., the above-named plaintiff, states as follows:— 6. The value of the subject-matter of the suit for the purpose of jurisdiction is……………. rupees and for the purpose of court-fees is...........rupees. 6. The plaintiff claims— (1) to have a movable and immovable property of A. B. administered in this Court, and for that purpose to have all proper directions given and accounts taken; (2) such further or other relief as the nature of the case may require. ==> picture [35 x 14] intentionally omitted <== EXECUTION OF TRUSTS (Title) A. B., the above-named plaintiff, states as follows:— 6. The plaintiff is desirous to account for all the rents and profits of the said immovable property [and the proceeds of the sale of the said, or of part of the said, immovable property, or movable, or the proceeds of the sale of, or of part of, the said movable property, or the profits accruing to the plaintiff as such trustee in the execution of the said trust]; and he prays that the Court will take the accounts of the said trust, and also that the whole of the said trust estate may be administered in the Court for the benefit of C.D., the defendant, and all other persons who may be interested in such administration, in the presence of C.D. and such other persons so interested as the Court may direct, or that C.D. may show good cause to the contrary. [ N.B.—Where the suit is by a beneficiary, the plaint may be modeled mutatis mutandis on the plaint by a legatee. ] No. 45 FORECLOSURE OR SALE (Title) A. B., the above-named plaintiff, states as follows:— 1. The plaintiff is mortgagee of lands belonging to the defendant. 6. The plaintiff claims— (1) payment, or in default [sale or ] foreclosure [and possession]; - [ Where Order 34, rule 6, applies. ] (2) in case the proceeds of the sale are found to be insufficient to pay the amount due to the plaintiff then that liberty be reserved to the plaintiff to apply for[1] [an order for the balance]. No. 46 - REDEMPTION - (Title) - A. B. the above-named plaintiff, states as follows:— 1. The plaintiff is mortgagor of lands of which the defendant is mortgagee. 6. The plaintiff claims to redeem the said property and to have the same reconveyed to him [and to have possession thereof.][1] [together with mesne profits.] ==> picture [33 x 13] intentionally omitted <== SPECIFIC PERFORMANCE (No. 1) (Title) A. B ., the above-named plaintiff, states as follows:— 6. The plaintiff claims that the Court will order the defendant specifically to perform the agreement and to do all acts necessary to put the plaintiff in full possession of the said property [ or to accept a transfer and possession of the said property] and to pay the costs of the suit. ==> picture [35 x 13] intentionally omitted <== SPECIFIC PERFORMANCE (No. 2) (Title) A. B ., the above-named plaintiff, states as follows:— 6. The plaintiff released the debt on the ....... ...................of............................................. 6. 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. 6. 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 his 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 receive the same. 6. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be sufficient for payment in full of the amounts payable 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 (if such remedy is open under 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. 2 or defendant No. 1 (as the case may be) for the amount of the balance. 6. An inquiry what part (if any) of the movable property of the deceased is outstanding and undisposed of. 6. My present annual/monthly/weekly income, after paying income-tax, is as follows:— - (a) From my employment, trade or profession Rs. .................... - (b) From other sources Rs. .................... *7. (a) I own the house in which I live; its value is Rs. .................... I pay as outgoings by way of rates, mortgage, interest, etc., the annual sum of Rs. .................... - (b) I pay as rent the annual sum of Rs. .................... 6. In the case of immovable property, the person declared to be the purchaser shall pay immediately after such declaration a deposit of 25 per cent. on the amount of his purchase-money to the officer conducting the sale, and in default of such deposit the property shall forthwith be put up again and re-sold.