Section 7. Suits relating to public matters :—We have inserted a clause to enable actions for public nuisance

7. Suits relating to public matters :—We have inserted a clause to enable actions for public nuisances to be brought, with the consent of the Advocate General irrespective of special damage. It has been represented to us that such a power is needed and we concur in that view. 7. The plaintiff claims that an account may be taken of the movable [and immovable] property of E.F., deceased, and that the same may be administered under the decree of the Court. No. 42 ADMINISTRATION BY SPECIFIC LEGATEE (Title) [ Alter Form No. 41 thus ] [ Omit paragraph 1 and commence paragraph 2] E.F. , late of .... , died on or about the.......................... day of ...................... By his last will, dated the ................... day of........ he appointed C.D. , his executor, and bequeathed to the plaintiff [ here state the specific legacy ] . For paragraph 4 substitute — The defendant is in possession of the movable property of E.F. , and, amongst other things, of the said [ here name the subject of the specific bequest ] . For the commencement of paragraph 7 substitute— The plaintiff claims that the defendant may be ordered to deliver to him the said [ here name the subject of the specific bequest ] , or that, etc. No. 43 ADMINISTRATION BY PECUNIARY LEGATEE (Title) [ Alter Form No. 41 thus ] [ Omit paragraph 1 and substitute for paragraph 2] E.F. late of.......... ........................, died on or about the .............. day of ............................................... By his last will, dated the...........................................day of...................... he appointed C.D. his executor, and bequeathed to the plaintiff a legacy of............ rupees. 7. When plaintiff in doubt from whom redress is to be sought.— Where the plaintiff is in doubt as to the persons from whom he is entitled to obtain redress, he may join two or more defendants in order that the question as to which of the defendants is liable, and to what extent, may be determined as between all parties. 1. Subs. by Act 104 of 1976, s. 52, for rules 1 and 3 respectively (w.e.f. 1-2-1977). 2. Ins. by s. 52, ibid . (w.e.f. 1-2-1977). 1[8. One person may sue or defend on behalf of all in same interest.— (1) Where there are numerous persons having the same interest in one suit,— (a) one or more of such persons may, with the permission of the Court, sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested; (b) the Court may direct that one or more of such persons may sue or be sued, or may defend such suit, on behalf of, or for the benefit of, all persons so interested. (2) The Court shall, in every case where a permission or direction is given under sub-rule (1) , at the plaintiff's expense, give notice of the institution of the suit to all persons so interested, either by personal service, or, where, by reason of the number of persons or any other cause, such service is not reasonably practicable, by public advertisement, as the Court in each case may direct. 7. Preliminary decree in redemption suit.— (1) In a suit for redemption, if the plaintiff succeeds, the Court shall pass a preliminary decree— (a) ordering that an account be taken of what was due to the defendant at the date of such decree for— (i) principal and interest on the mortgage, (ii) the costs of suit, if any, awarded to him, and (iii) other costs, charges and expenses properly incurred by him up to that date, in respect of mortgage-security, together with interest thereon; or (b) declaring the amount so due at that date; and (c) directing— 7. 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. ) 1[ No. 5A PRELIMINARY DECREE FOR SALE (Order XXXIV, rule 4.—When the Court declares the amount due.) (Title) This suit coming on this...................day, etc.; It is hereby declared that the amount due to the plaintiff on the mortgage mentioned in the plaint calculated up to this.................... day of.........................is the sum of Rs................. for principal, the sum of Rs..............................for interest on the said principal, the sum of Rs........ for costs, charges and expenses (other than the costs of the suit) properly incurred by the plaintiff in respect of the mortgage-security, together with interest thereon, and the sum of Rs..............................for the costs of the suit awarded to the plaintiff, making in all the sum of Rs ............ 7. And it is hereby further ordered and decreed 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.)<br>1[No. 11|(Description of the mortgaged property.)<br>1[No. 11|(Description of the mortgaged property.)<br>1[No. 11|(Description of the mortgaged property.)<br>1[No. 11|(Description of the mortgaged property.)<br>1[No. 11|(Description of the mortgaged property.)<br>1[No. 11|(Description of the mortgaged property.)<br>1[No. 11| |---|---|---|---|---|---|---|---|---| ||||PRELIMINARY DECREE|||FOR|SALE|| |Plaintiff|.|.|.|.|.|.|.|Sub or derivative mortgagee,| ||||||vs.|||| |[Defendant No. 1||.|.|.|.|.|.|Mortgagor,| |Defendant No.|2|.|.|.|.|.|.|Original Mortgagee.]| ==> picture [111 x 26] intentionally omitted <== This suit coming on the ………….…….. day, etc.; It is hereby declared that the amount due to defendant No. 2 on his mortgage calculated up to this ………………… day of ……………. is the sum of Rs. …………..…. for principal, the sum of Rs. ……………… for interest on the said principal, the sum of Rs. …………….. for costs, charges and expenses (other than the costs of the suit) in respect of the mortgage-security together with interest thereon and the sum of Rs. …………… for the costs of the suit awarded to defendant No. 2, making in all the sum of Rs. …………… In paragraph 4 substitute "legacy" for "debt" Another form (Title) E. F. the above-named plaintiff, states as follows:— 7. Summons to order defendant to produce documents relied on by him.— The summons to appear and answer shall order the defendant to produce[3] [all documents or copies thereof specified in rule l A of Order VIII] in his possession or power upon which he intends to rely in support of his case. (3) Any person on whose behalf, or for whose benefit, a suit is instituted, or defended, under sub-rule (1), may apply to the Court to be made a party to such suit. (4) No part of the claim in any such suit shall be abandoned under sub-rule (1) , and no such suit shall be withdrawn under sub-rule (3) , of rule 1 of Order XXIII, and no agreement, compromise or satisfaction shall be recorded in any such suit under rule 3 of that Order, unless the Court has given, at the plaintiff's expense, notice to all persons so interested in the manner specified in sub-rule (2) . (5) Where any person suing or defending in any such suit does not proceed with due diligence in the suit or defence, the Court may substitute in his place any other person having the same interest in the suit. (6) A decree passed in a suit under this rule shall be binding on all persons on whose behalf, or for whose benefit, the suit is instituted, or defended, as the case may be. Explanation.— For the purpose of determining whether the persons who sue or are sued, or defend, have the same interest in one suit, it is not necessary to establish that such persons have the same cause of action as the persons on whose behalf, or for whose benefit, they sue or are sued, or defend the suit, as the case may be.] (i) that, if the plaintiff pays into Court the amount so found or declared due on or before such date as the Court may fix within six months from the date on which the Court confirms and countersigns the account taken under clause (a), or from the date on which such amount is declared in Court under clause (b), as the case may be, and thereafter pays such amount as may be adjudged due in respect of subsequent costs, charges and expenses as provided in rule 10, together with subsequent interest on such sums respectively as provided in rule 11, the defendant shall deliver up to the plaintiff, or to such person as the plaintiff appoints, all documents in his possession or power relating to the mortgaged property, and shall, if so required, retransfer the property to the plaintiff at his cost free from the mortgage and from all encumbrances created by the defendant or any person claiming under him where the defendant claims by derived title, by those under whom the claims, and shall also, if necessary put the plaintiff in possession of the property; and (ii) that, if payment of the amount found or declared due under or by the preliminary decree is not made on or before the date so fixed, or the plaintiff fails to pay, within such time as the Court may fix, the amount adjudged due in respect of subsequent costs, charges, expenses and interest, the defendant shall be entitled to apply for a final decree— — 2. And it is hereby ordered and decreed as follows: (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, the said sum of Rs..............; (ii) that on such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such 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 shall, if so required, deliver up to the defendant quiet and peaceable possession of the said property. (Similar declarations to be introduced with regard to the amount due from defendant No. 2 to the plaintiff in respect of his mortgage.) — 2. And it is hereby ordered and decreed as follows: (i) that defendant No. 1 do pay into Court on or before the said ………… day of ………… or any later date of up to which time for payment may be extended by the Court the said sum of Rs. ………. due to defendant No. 2; (Similar declarations to be introduced with regard to the amount due to the plaintiff, defendant No. 2 being at liberty to pay such amount.) (ii) that, on payment of the sum declared due to defendant No. 2 by defendant No. 1 in the manner prescribed in clause 2 (i) 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 and defendant No. 2 shall bring into Court all documents in their possession or power relating to the mortgaged property in the plaint mentioned, and all such documents (except such as relate only to the sub-mortgage) shall be delivered over to defendant No. 1, or to such person as he appoints, and defendant No. 2 shall, if so required, re-convey or re-transfer the property to defendant No. 1 free from the said mortgage clear of and from all encumbrances created by defendant No. 2 or any person claiming under him or any person under whom he claims, and free from all liability arising from the mortgage or this suit and shall, if so required, deliver up to defendant No. 1 quiet and peaceable possession of the said property; and 1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11. * Words not required to be deleted. 7. Departure.— No pleading shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same. (a) in the case of a mortgage other than a usufructuary mortgage, a mortgage by conditional sale, or an anomalous mortgage the terms of which provide for foreclosure only and not for sale, that the mortgage property, be sold, or (b) in the case of a mortgage by conditional sale or such an anomalous mortgage as aforesaid, that the plaintiff be debarred from all right to redeem the property. (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 the passing of a final decree for foreclosure or sale, as the case may be, 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. (iii) that, upon payment into the Court by defendant No. 1 of the amount due to defendant No. 2 the plaintiff shall be at liberty to apply for payment to him of the sum declared due to him together with any subsequent costs of the suit and other costs, charges and expenses, as may be payable under rule 10, together with such subsequent interests 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 then be paid to defendant No. 2; and that if the amount paid into the Court be not sufficient to pay in full the sum due to the plaintiff, the plaintiff shall be at liberty (if such remedy is open to him by the terms of the mortgage and is not barred by any law for the time being in force) to apply for a personal decree against as defendant No. 2 for the amount of the balance. 7. Relief to be specifically stated.— Every plaint shall state specifically the relief which the plaintiff claims either simply or in the alternative, and it shall not be necessary to ask for general or other relief which may always be given as the Court may think just to the same extent as if it had been asked for. And the same rule shall apply to any relief claimed by the defendant in his written statement. 7. Defence or set-off founded upon separate grounds.— Where the defendant relies upon several distinct grounds of defence or set-off[1] [or counter-claim] founded upon separate and distinct facts, they shall be stated, as far as may be, separately and distinctly. previous non-appearance 7. Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance.— Where the Court has adjourned the hearing of the suit, ex parte , and the defendant, at or before such hearing appears and assigns good cause for his previous non-appearance, he may, upon such terms as the Court directs as to costs or otherwise, be heard in answer to the suit as if he had appeared on the day fixed for his appearance. 7. Certain provisions of the Code of Civil Procedure, 1908 not to apply. —For avoidance of doubt, it is hereby clarified that Order XIII Rule 1, Order VII Rule 14 and Order VIII Rule 1A of the Code of Civil Procedure, 1908 (5 of 1908) shall not apply to suits or applications before the Commercial Divisions of High Court or Commercial Courts.] STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs). ― For Order XI of the Code, substitute the following Order, namely.- "ORDER XI DISCLOSURE, DISCOVERY AND INSPECTION OF DOCUMENTS 7. Affidavit of signature.— An affidavit of the pleader or his clerk, of the due signature of any admissions made in pursuance of any notice to admit documents or facts, shall be sufficient evidenced of such admissions, if evidence thereof is required. 7. Recording of admitted and return of rejected documents.— (1) Every documents which has been admitted in evidence, or a copy thereof where a copy has been substituted for the original under rule 5, shall form part of the record of the suit. been admitted in evidence, or a copy thereof where a copy has been substituted for the original under (2) Documents not admitted in evidence shall not form part of the record and shall be returned to the persons respectively producing them. 7. Conditional order.— (1) Where it appears to the Court that it is possible that a claim or defence may succeed but it is improbable that it shall do so, the Court may make a conditional order as set forth in Rule 6 (1)(b). (2) Where the Court makes a conditional order, it may:— - (a) make it subject to all or any of the following conditions:— - (i) require a party to deposit a sum of money in the Court; (ii) require a party to take a specified step in relation to the claim or defence, as the case may be; (iii) require a party, as the case may be, to give such security or provide such surety for restitution of costs as the Court deems fit and proper; (iv) impose such other conditions, including providing security for restitution of losses that any party is likely to suffer during the pendency of the suit, as the Court may deem fit in its discretion; and (b) specify the consequences of the failure to comply with the conditional order, including passing a judgment against the party that have not complied with the conditional order. 7. Court, if satisfied that agreement was executed in good faith, may pronounce judgment.— Where the Court is satisfied, after making such inquiry as it deems proper,— (a) that the agreement was duly executed by the parties, (b) that they have a substantial interest in the decision of such question as aforesaid, and (c) that the same is fit to be tried and decided, it shall proceed to record and try the issue and state its finding or decision thereon in the same manner as if the issue had been framed by the Court; and shall, upon the finding or decision on such issue, pronounce judgment according to the terms of the agreement; and, upon the judgment so pronounced, a decree shall follow. *[ORDER XV Disposal of the Suit at the first hearing 7. Adjournment of Case Management Hearing.— (1) The Court shall not adjourn the Case Management Hearing for the sole reason that the advocate appearing on behalf of a party is not present: Provided that an adjournment of the hearing is sought in advance by moving an application, the Court may adjourn the hearing to another date upon the payment of such costs as the Court deems fit, by the party moving such application. (2) Notwithstanding anything contained in this Rule, if the Court is satisfied that there is a justified reason for the absence of the advocate, it may adjourn the hearing to another date upon such terms and conditions it deems fit. 7. Adjournment of Case Management Hearing.— (1) The Court shall not adjourn the Case Management Hearing for the sole reason that the advocate appearing on behalf of a party is not present: Provided that an adjournment of the hearing is sought in advance by moving an application, the court may adjourn the hearing to another date upon the payment of such costs as the court deems fit, by the party moving such application. (2) Notwithstanding anything contained in this rule, if the court is satisfied that there is a justified reason for the absence of the advocate, it may adjourn the hearing to another date upon such terms and conditions it deems fit. 7. Power to require persons present in Court to give evidence or produce document.— Any person present in Court may be required by the Court to give evidence or to produce any document then and there in his possession or power. 1[ 7A . Summons given to the party for service.— (1) The Court may, on the application of any party for the issue of a summons for the attendance of any person, permit such party to effect service of such summons on such person and shall, in such a case, deliver the summons to such party for service. (2) The service of such summons shall be effected by or on behalf of such party by delivering or tendering to the witness personally a copy thereof signed by the Judge or such officer of the Court as he may appoint in this behalf and sealed with the seal of the Court. (3) The provisions of rules 16 and 18 of Order V shall apply to a summons personally served under this rule as if the person effecting service were a serving officer. (4) If such summons, when tendered, is refused or if the person served refuses to sign and acknowledgement of service or for any reason such summons cannot be served personally, the Court shall, on the application of the party, re-issue such summons to be served by the Court in the same manner as a summons to a defendant. (5) Where a summons is served by a party under this rule, the party shall not be required to pay the fees otherwise chargeable for the service of summons.] 7. Power to issue commission for examination of witness in prison.— (1) Where it appears to the Court that the evidence of a person confined or detained in a prison, whether within the State or elsewhere in India, is material in a suit but the attendance of such person cannot be secured under the preceding provisions of this Order, the Court may issue a commission for the examination of that person in the prison in which he is confined or detained. (2) The provisions of Order XXVI shall, so far may be, apply in relation to the examination on commission of such person in prison as they apply in relation to the examination on commission of any other person.] ORDER XVII Adjournment [3] 7. Evidence under section 138.— Evidence taken down under section 138 shall be in the form prescribed by rule 5 and shall be read over and signed and, as occasion may require, interpreted and corrected as if it were evidence taken down under that rule. 3 8. Memorandum when evidence not taken down by Judge.— Where the evidence is not taken down in writing by the Judge,[4] [or from his dictation in the open Court, or recorded mechanically in his presence,] he shall be bound, as the examination of each witness proceeds, to make a memorandum of the substance of what each witness deposes, and such memorandum shall be written and signed by the Judge and shall form part of the record. 1. Subs. by Act 104 of 1976, s. 69, for rule 5 (w.e.f. 1-2-1977). 7. Date of decree.— The decree shall bear the day on which the judgment was pronounced, and, when the judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he shall sign the decree. 7. Court receiving copies of decree, etc., to file same without proof.— The Court to which a decree is so sent shall cause such copies and certificates to be filed, without any further proof of the decree or order for execution, or of the copies thereof, unless the Court, for any special reasons to be recorded under the hand of the Judge, requires such proof. 1. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977). 7. Suit not abated by marriage of female party.— (1) The marriage of a female plaintiff or defendant shall not cause the suit to abate, but the suit may notwithstanding be proceeded with the judgment, and, where the decree is against a female defendant, it may be executed against her alone. (2) Where the husband is by law liable for the debts of his wife, the decree may, with the permission of the Court, be executed against the husband also; and in case of judgment for the wife, execution of the decree may, with such permission, be issued upon the application of the husband, where the husband is by law entitled to the subject-matter of the decree. 1. Ins. by Act 104 of 1976, s. 73 (w.e.f. 1-2-1977). 7. Extension of time to enable public officer to make reference to Government .—(1) Where the defendant is a public officer and, on receiving the summons, considers it proper to make a reference to the Government before answering the plaint, he may apply to the Court to grant such extension of the time fixed in the summons as may be necessary to enable him to make such reference and to receive orders thereon through the proper channel. (2) Upon such application the Court shall extend the time for so long as appears to it to be necessary. 7. No appearance except by partners.— Where a summons is served in the manner provided by rule 3 upon a person having the control or management of the partnership business, no appearance by him shall be necessary unless he is a partner of the firm sued. 7. Agreement or compromise by next friend or guardian for the suit.— (1) No next friend or guardian for the suit shall, without the leave of the Court, expressly recorded in the proceedings, enter into any agreement or compromise on behalf of a minor with reference to the suit in which he acts as next friend or guardian. 1[( 1A) An application for leave under sub-rule (1) shall be accompanied by an affidavit of the next friend or the guardian for the suit, as the case may be, and also, if the minor is represented by a pleader, by the certificate of the pleader, to the effect that the agreement or compromise proposed is, in his opinion, for the benefit of the minor : Provided that the opinion so expressed, whether in the affidavit or in the certificate shall not preclude the Court from examining whether the agreement or compromise proposed is, for the benefit of the minor. ] (2) Any such agreement or compromise entered into without the leave of the Court so recorded shall be voidable against all parties other than the minor: 7. Procedure in suits.— Save as provided by this Order, the procedure in suits hereunder shall be the same as the procedure in suits instituted in the ordinary manner. ORDER XXXVIII ARREST AND ATTACHMENT BEFORE JUDGMENT Arrest before judgment 7. Mode of making attachment.— Save as otherwise expressly provided, the attachment shall be made in the manner provided for the attachment of property in execution of a decree. 7. Detention, preservation, inspection, etc., of subject-matter of suit.— (1) The Court may, on the application of any party to a suit, and on such terms as it thinks fit,— (a) make an order for the detention, preservation or inspection of any property which is the subject-matter of such suit, or as to which any question may arise therein; (b) for all or any of the purposes aforesaid authorise any person to enter upon or into any land or building in the possession of any other party to such suit; and (c) for all or any of the purposes aforesaid authorise any samples to be taken, or any observation to be made or experiment to be tried, which may seem necessary or expendient for the purpose of obtaining full information or evidence. (2) The provisions as to execution of process shall apply, mutatis mutandis, to persons authorised to enter under this rule. 7. Security and deposit required on grant of certificate.— (1) Where the certificate is granted, the applicant shall, within[6] [ninety days or such further period, not exceeding sixty days, as the Court may upon cause shown allow;] from the date of the decree complained of, or within six weeks from the date of the grant of the certificate whichever is the later date,— (a) furnish security[7] [in cash or in Government securities] for the costs of the respondent; and (b) deposit the amount required to defray the expense of translating, transcribing indexing 8[, printing,] and transmitting to 3[the Supreme Court] a correct copy of the whole record of the suit, except— (1) formal documents directed to be excluded by any[9] [Rule of the Supreme Court] in force for the time being; (2) papers which the parties agree to exclude; 1. Subs. by the A.O. 1950, for "King-in-Council". 7. Power to District Court to submit for revision proceeding had under mistake as to jurisdiction in small causes. —(1) Where it appears to a District Court that a Court subordinate thereto has, by reason of erroneously holding a suit to be cognizable by a Court of Small Causes or not to be so cognizable, failed to exercise a jurisdiction vested in it by law, or exercised a jurisdiction not so vested, the District Court may, and if required by a party shall, submit the record to the High Court with a statement of its reasons for considering the opinion of the Subordinate Court with respect to the nature of the suit to be erroneous. (2) On receiving the record and statement the High Court may make such order in the case as it thinks fit. (3) With respect to any proceedings subsequent to decree in any case submitted to the High Court under this rule, the High Court may make such order as in the circumstance appears to it to be just and proper. (4) A Court subordinate to a District Court shall comply with any requisition which the District Court may make for any record or information for the purposes of this rule. ORDER XLVII REVIEW 7. Order of rejection not appealable. Objections to order granting application.—[2] [(1) An order of the Court rejecting the application shall not be appealable; but an order granting an application may be objected to at once by an appeal from the order granting the application or in an appeal from the decree or order finally passed or made in the suit.] (2) Where the application has been rejected in consequence of the failure of the applicant to appear, he may apply for an order to have the rejected application restored to the file, and, where it is proved to the satisfaction of the Court that he was prevented by any sufficient cause from appearing when such application was called on for hearing, the Court shall order it to be restored to the file upon such terms as to costs or otherwise as it thinks fit, and shall appoint a day for hearing the same. (3) No order shall be made under sub-rule (2) unless notice of the application has been served on the opposite party. 7. The plaintiff as executor of E.F. claims [ Relief claimed ] . No. 4 GOODS SOLD AT A REASONABLE PRICE AND DELIVERED (Title) A. B., the above-named plaintiff, states as follows:— 7. The defendant has not paid the deficiency thus arising, amounting to rupees. [ As in paras. 4 and 5 of Form No. 1, and Relief claimed. ] No. 7 SERVICES AT A REASONABLE RATE (Title) - A. B., the above named plaintiff, states as follows:— 7. 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. 34 RESCISSION OF A CONTRACT ON THE GROUND OF MISTAKE (Title) A. B. the above-named plaintiff, states as follows:— 7. The plaintiff claims— (1) ............... rupees, with interest from the ................ day of.................20.......... . (2) that the said agreement be delivered up and cancelled. No. 35 AN INJUNCTION RESTRAINING WASTE (Title) - A. B., the above-named plaintiff states as follows:— 1. The plaintiff is the absolute owner of [ describe the property ] . 7. The plaintiff claims that the defendant be restrained by injunction from committing or permitting any further nuisance. No. 37 PUBLIC NUISANCE (Title) - A. B., the above-named plaintiff, states as follows:— 7. the defendant [ or A. B ., the defendant's agent] satisfied the claim by payment before suit to the plaintiff [ or to C.D ., the plaintiff's agent] on the………………day of…………..20, 7. The defendant transferred all his interest to A. B. by a document dated. No. 12 DEFENCE TO SUIT FOR REDEMPTION 7. 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 amount payable to the defendant as aforesaid, the defendant 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 plaintiff for the amount of the balance; and 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.) 1[ No. 7B PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE FOR FORECLOSURE IS PASSED (Order XXXIV, rule 7.—Where the Court declares the amount due.) (Title) This suit coming on this …….……. day, etc.; It is hereby declared that the amount due to the defendant on the mortgage mentioned in the plaint calculated up to this …….. day of ………… is the sum of Rs. …….…… for principal, the sum of Rs. ………… for interest on the said principal, the sum of Rs. ………... for costs, charges and expenses (other than the costs of the suit) properly incurred by the defendant in respect of the mortgage-security together with interest thereon, and the sum of Rs. …...……. for the costs of the suit awarded to the defendant, making in all the sum of Rs. …………… 7. And it is hereby further ordered and decreed 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 ==> picture [187 x 14] intentionally omitted <== ==> picture [39 x 13] intentionally omitted <== PRELIMINARY DECREE FOR REDEMPTION OF PRIOR MORTGAGE AND FORECLOSURE OR SALE ON SUBSEQUENT MORTGAGE ==> picture [397 x 66] intentionally omitted <== (Order XXXIV, rules 2, 4, and 7) 1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11. * Words not required to be deleted. (Title) The suit coming on this ……... day, etc.; It is hereby declared that the amount due to defendant No. 2 on the mortgage mentioned in the plaint calculated up to this ……..…. day of ………..…. is the sum of Rs. ………...….. for principal, the sum of Rs. ……………. for interest on the said principal, the sum of Rs. ………….. for costs, charges and expenses (other than the costs of the suit) properly incurred by defendant No. 2 in respect of the mortgage-security with interest thereon and the sum of Rs. ………. for the costs of this suit awarded to defendant No. 2, making in all the sum of Rs. ………………. (Similar declarations to be introduced with regard to the amount due from defendant No. 1 to the plaintiff in respect of his mortgage if the mortgage-money due thereunder has become payable at the date of the suit.) 7. And it is hereby further ordered and decreed that, if defendant No. 2 pays into Court to the credit of this suit the amount adjudged due to the plaintiff, but defendant No. 1 makes default in payment of the amount due to defendant No. 2, defendant No. 2 shall be at liberty to apply to the Court for a final decree for foreclosure or sale (as the case may be)—(declarations in the ordinary form to be introduced according to the nature of defendant No. 2's mortgage and the remedies open to him thereunder) . 7. And it is further ordered that the defendant do, on or before the……..day……..of next, pay into, Court all sums of money which shall be found to have come to his hands, or to the hands of any person by his order or for his use. 7. The full amount of the purchase-money shall be paid by the purchaser before the Court closes on the fifteenth day after the sale of the property, exclusive of such day, or if the fifteenth day be a Sunday or other holiday, then on the first office day after the fifteenth day. 7. I state that the Annexures hereto are true copies of the documents referred to and relied upon by me.