CPC section 8: Public charities

In force · As amended up to 2026-08

(3) A trustee who fails to comply with any such direction shall be removed if a suit for that purpose be instituted, unless he can show good cause for such failure." We have given to the subject our best consideration and desire to record our sympathy with the motives of the proposers. But we have not inserted the clause in the Bill because we think that the question is one of policy on which the public opinion of the communities interested should first be obtained. It affects primarily, as we understand, the Hindu and to a less extent, the Muhammadan community. And we should not feel justified in recommending an amendment of the law on such a subject as this unless the leaders of those communities were to express their support of the proposal in unequivocal terms. If it is eventually decided to adopt the amendment then we think that the clause proposed by Dr. Ghose may be accepted. (2) Such accounts, when filed in Court, shall be open to inspection by the public. 8. I say that I am aware that for any false statement or concealment, I shall be liable for action taken against me under the law for the time being in force. Place: Date: DEPONENT VERIFICATION I, ………………………. do hereby declare that the statements made above are true to my knowledge. Verified at [place] on this [date] DEPONENT.] [ 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)]. 8. Public charities .—The suggestion has been made on high authority that some express reference should be made in the Code to the power of the Court to apply the Cy-pres doctrine in the settling of schemes. But this power would appear to exist already within its proper limits ( Mayor of Lyon's case, L.R. 3 I.A. 32) and we do not think it necessary to make express reference to it. It has been represented to us by more than one gentleman whose opinion is entitled to weight, that the power to enquire into the affairs of public charities should be made more extensive. The clause, as it stands, gives sufficient powers to the Courts to direct accounts and to frame schemes when once a suit has been instituted, but it is said that members of the public interested in any public charity ought to have the means of calling for and inspecting accounts without undertaking the burden of a suit, at least in the first instance. We are told that revenues derived from charitable trusts are in some cases very large in amount: that no accounts of their expenditure are ordinarily rendered, and that there is good ground for believing that a considerable portion is misspent or squandered on unless objects. The Hon'ble Dr. Rashbebari Ghose supports these views and has submitted a clause to give effect to them. It is in the following terms:- 8. On issue of summons for final disposal, defendant to be directed to produce his witnesses .—Where the summons is for the final disposal of the suit, it shall also direct the defendant to produce, on the day fixed for his appearance, all witnesses upon whose evidence he intends to rely in support of his case. Service of summons 4 [9. Delivery of summons by Court. —(1) Where the defendant resides within the jurisdiction of the Court in which the suit is instituted, or has an agent resident within that jurisdiction who is empowered to accept the service of the summons, the summons shall, unless the Court otherwise directs, be delivered or sent either to the proper officer to be served by him or one of his subordinates or to such courier services as are approved by the Court. (2) The proper officer may be an officer of a Court other than that in which the suit is instituted, and, where he is such an officer, the summons may be sent to him in such manner as the Court may direct. (3) The services of summons may be made by delivering or transmitting a copy thereof by[5] [speed post with registration and proof of delivery addressed to the defendant or his agent empowered to accept the service] or by such courier services as are approved by the High Court or by the Court referred to in 1. Subs. by Act 46 of 1999, s. 15, for rule (2) (w.e.f. 1-7-2002). 2. Subs. by s. 15, ibid ., for the "appearance of the defendant" (w.e.f. 1-7-2002). 8. Consequences of non-compliance with orders.— Where any party fails to comply with the order of the court passed in a Case Management Hearing, the court shall have the power to- (a) condone such non-compliance by payment of costs to the court; (b) foreclose the non-compliant party's right to file affidavits, conduct cross-examination of witnesses, file written submissions, address oral arguments or make further arguments in the trial, as the case may be; or (c) dismiss the plaint or allow the suit where such non-compliance is willful, repeated and the imposition of costs is not adequate to ensure compliance. [ 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 XVI Summoning and Attendance of Witnesses 1[1. List of witnesses and summons to witnesses.— (1) On or before such date as the Court may appoint, and not later than fifteen days after the date on which the issues are settled, the parties shall present in Court a list of witnesses whom they propose to call either to give evidence or to produce documents and obtain summonses to such persons for their attendance in Court. 8. Final decree in redemption suit. —(1) Where, before a final decree debarring the plaintiff from all right to redeem the mortgaged property has been passed or before the confirmation of a sale held in 1. Subs. by Act 104 of 1976, s. 82, for "the last preceding rule" (w.e.f. 1-2-1977). pursuance of a final decree passed under sub-rule (3) of this rule, the plaintiff makes payment into Court of all amounts due from him under sub-rule (1) of rule 7, the Court shall, on application made by the plaintiff in this behalf, pass a final decree or, if such decree has been passed, an order— (a) ordering the defendant to delivery up the documents referred to in the preliminary decree, and, if necessary,— (b) ordering him to re-transfer at the cost of the plaintiff the mortgaged property as directed in the said decree, and, also, if necessary,— (c) ordering him to put the plaintiff in possession of the property. (2) Where the mortgaged property or a part thereof has been sold in pursuance of a decree passed under sub-rule (3) of this rule, the Court shall not pass an order under sub-rule (1) of this rule, unless the plaintiff, in addition to the amount mentioned in sub-rule (1), deposits in Court for payment to the purchaser a sum equal to five per cent. of the amount of the purchase-money paid into Court by the purchaser. 8. And it is hereby further ordered and decreed that the parties are at liberty to apply to the Court 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 .) No. 12 DECREE FOR RECTIFICATION OF INSTRUMENT (Title) IT is hereby declared that ……………. , dated the ……………. day of …………… 20 ….... , does not truly express the intention of the parties to such ……………………. And it is decreed that the said ……………….. be rectified by ………………….. Here insert name of proper officer. No. 13 DECREE TO SET ASIDE A TRANSFER IN FRAUD OF CREDITORS (Title) IT is hereby declared that the …………… , dated the …………… day of ………. 20 …….. , and made between …………… and ……….. , is void as against the plaintiff and all other the creditors, if any, of the defendant. No. 14 INJUNCTION AGAINST PRIVATE NUISANCE (Title) LET the defendant ………………. , his agents, servants and workmen, be perpetually restrained from burning, or causing to be burnt, any bricks on the defendant's plot of land marked B in the annexed plan, so as to occasion a nuisance to the plaintiff as the owner or occupier of the dwelling-house and garden mentioned in the plaint as belonging to and being occupied by the plaintiff. No. 15 INJUNTION AGAINST BUILDING HIGHER THAN OLD LEVEL (Title) 8. In default of payment of the balance of purchase-money within the period allowed, the property shall be re-sold after the issue of a fresh notification of sale. The deposit, after defraying the expenses of the sale, may, if the Court thinks fit, be forfeited to Government and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsequently sold. GIVEN under my hand and the seal of the Court, this………….day of……….20…….. 93-A. (1) The Court may also, upon an application by any two or more persons having the like interest and having obtained the like consent, direct any trustee of such charity to cause to be prepared and filed in the Court, within such times as may be with specified in the order, a detailed account of the receipt and disbursements in connection with the trust-property for a period not exceeding three years next preceding the date of the application. 8. Denial of contract.— Where a contract is alleged in any pleading, a bare denial of the same by the opposite party shall be construed only as a denial in fact of the express contract alleged or of the matters of fact from which the same may be implied, and not as a denial of the legality or sufficiency in law of such contract. 3. Subs. by s. 15, ibid ., for all documents (w.e.f. 1-7-2002). 4. Subs. by Act 22 of 2002, s. 6, for rule 9 (w.e.f. 1-7-2002). 5. Subs. by Act 37 of 2025, s. 3 and Sch. II, for certain words (w.e.f. 20-12-2025). sub-rule (1) or by any other means of transmission of documents (including fax message or electronic mail service) provided by the rules made by the High Court: Provided that the service of summons under this sub-rule shall be made at the expenses of the plaintiff. (4) Notwithstanding anything contained in sub-rule (1), where a defendant resides outside the jurisdiction of the Court in which the suit is instituted, and the Court directs that the service of summons on that defendant may be made by such mode of service of summons as is referred to in sub-rule (3)[[1]] *, the provisions of rule 21 shall not apply. may be made by such mode of service of summons as is referred to in sub-rule (3)[[1]] *, the provisions of (2) A party desirous of obtaining any summons for the attendance of any person shall file in Court an application stating therein the purpose for which the witness is proposed to be summoned. (3) The Court may, for reasons to be recorded, permit a party to call, whether by summoning through Court or otherwise, any witness, other than those whose names appear in the list referred to in sub-rule (1), if such party shows sufficient cause for the omission to mention the name of such witness in the said list. (4) Subject to the provisions of sub-rule (2), summonses referred to in this rule may be obtained by the parties on an application to the Court or to such officer as may be appointed by the[2] [Court in this behalf within five days of presenting the list of witnesses under sub-rule (1).] 3 [1A. Production of witnesses without summons.— A Subject to the provisions of sub-rule (3) of rule 1, any party to the suit may, without applying for summons under rule 1, bring any witness to give evidence or to produce documents.] Where such deposit has been made, the purchaser shall be entitled to an order for repayment of the amount of the purchase-money paid into Court by him, together with a sum equal to five per cent. thereof. (3) Where payment in accordance with sub-rule (1) has not been made, the Court shall, on application made by the defendant in this behalf,— (a) in the case of a mortgage by conditional sale or of such an anomalous mortgage as is hereinbefore referred to in rule 7, pass a final decree declaring that the plaintiff and all persons claiming under him are debarred from all right to redeem the mortgaged property and, also, if necessary, ordering the plaintiff to put the defendant in possession of the mortgaged property; or (b) in the case of any other mortgage, not being a usufructuary mortgage, pass final decree 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 is found due to the defendant, and the balance, if any, be paid to the plaintiff or other persons entitled to receive the same. LET the defendant …………….. , his contractors, agents and workmen, be perpetually restrained from continuing to erect upon his premises ………………… any house or building of a greater height than the buildings which formerly stood upon his said premises and which have been recently pulled down, so or in such manner as to darken, injure or obstruct such of the plaintiff's windows in his said premises as are ancient lights. No.16 INJUNCTION RESTRAINING USE OF PRIVATE ROAD (Title) LET the defendant …………….. his agents, servants and workmen, be perpetually restrained from using or permitting to be used and part of the lane at …………… , the soil of which belongs to the plaintiff, as a carriage-way for the passage of carts, carriages or other vehicles, either going to or from the land marked B in the annexed plan or for any purpose whatsoever. No. 17 PRELIMINARY DECREE IN AN ADMINISTRATION-SUIT (Title) IT is ordered that the following accounts and inquiries be taken and made; that is to say :— In creditor's suit — |8. In default of payment of the balance of purchase-money within the period allowed, the property hall be re-sold after the issue of a fresh notification of sale. The deposit, after defraying the expenses of he sale, may, if the Court thinks fit, be forfeited to Government and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsequently sold. GIVENunder my hand and the seal of the Court, this………….day of……….20……..|8. In default of payment of the balance of purchase-money within the period allowed, the property hall be re-sold after the issue of a fresh notification of sale. The deposit, after defraying the expenses of he sale, may, if the Court thinks fit, be forfeited to Government and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsequently sold. GIVENunder my hand and the seal of the Court, this………….day of……….20……..|8. In default of payment of the balance of purchase-money within the period allowed, the property hall be re-sold after the issue of a fresh notification of sale. The deposit, after defraying the expenses of he sale, may, if the Court thinks fit, be forfeited to Government and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsequently sold. GIVENunder my hand and the seal of the Court, this………….day of……….20……..|8. In default of payment of the balance of purchase-money within the period allowed, the property hall be re-sold after the issue of a fresh notification of sale. The deposit, after defraying the expenses of he sale, may, if the Court thinks fit, be forfeited to Government and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsequently sold. GIVENunder my hand and the seal of the Court, this………….day of……….20……..|8. In default of payment of the balance of purchase-money within the period allowed, the property hall be re-sold after the issue of a fresh notification of sale. The deposit, after defraying the expenses of he sale, may, if the Court thinks fit, be forfeited to Government and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsequently sold. GIVENunder my hand and the seal of the Court, this………….day of……….20……..|8. In default of payment of the balance of purchase-money within the period allowed, the property hall be re-sold after the issue of a fresh notification of sale. The deposit, after defraying the expenses of he sale, may, if the Court thinks fit, be forfeited to Government and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsequently sold. GIVENunder my hand and the seal of the Court, this………….day of……….20……..|8. In default of payment of the balance of purchase-money within the period allowed, the property hall be re-sold after the issue of a fresh notification of sale. The deposit, after defraying the expenses of he sale, may, if the Court thinks fit, be forfeited to Government and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsequently sold. GIVENunder my hand and the seal of the Court, this………….day of……….20……..| |---|---|---|---|---|---|---| |Judge. Schedule of Property Number of lot Description of pro- perty to be sold, with the name of each owner where there are more judgment debtors than one The revenue assessed upon the estate or part of the estate, if the property to be sold is an interest in an estate or a part of an estate paying revenue to Government Detail of any encum- brances to which the property is liable Claims, if any, which have been put forward to the pro- perty and any other known particulars bearing on its nature and value 1[The value of the pro- perty as stated by the decree holder The value of the property as stated by the judgment- debtor.]||||||| |Number of lot|Description of pro- perty to be sold, with the name of each owner where there are more judgment debtors than one|The revenue assessed upon the estate or part of the estate, if the property to be sold is an interest in an estate or a part of an estate paying revenue to Government|Detail of any encum- brances to which the property is liable| Claims, if any, which have been put forward to the pro- perty and any other known particulars bearing on its nature and value| 1[The value of the pro- perty as stated by the decree holder|The value of the property as stated by the judgment- debtor.]| |||||||| |||||||| (kc) the interest of a lessee of a residential building to which the provisions of law for the time being in force relating to control of rents and accommodation apply;] 15[(1) any allowance forming part of the emoluments of any 16[servant of the 17[Government]] or of any servant of a railway company or local authority which the[18] [appropriate Government] may by notification in the Official Gazette declare to be exempt from attachment, and any subsistence grant or allowance made to[19] [any such servant] while under suspension;] 1. Subs. by Act 104 of 1976, s. 23, for "an agriculturist" (w.e.f. 1-2-1977) 2. Ins. by s. 23, ibid . (w.e.f. 1-2-1977). 3. For such a notification, see Gazette of India, 1909, Pt. I, p. 5. 4. Subs. by the A.O. 1937, for "the G.G. in C." 8. Relief founded on separate grounds.— Where the plaintiff seeks relief in respect of several distinct claims or causes of action founded upon separate and distinct grounds, they shall be stated as far as may be separately and distinctly. (5) When an acknowledgment or any other receipt purporting to be signed by the defendant or his agent is received by the Court or postal article containing the summons is received back by the Court with an endorsement purporting to have been made by a postal employee or by any person authorised by the courier service to the effect that the defendant or his agent had refused to take delivery of the postal article containing the summons or had refused to accept the summons by any other means specified in sub-rule (3) when tendered or transmitted to him, the Court issuing the summons shall declare that the summons had been duly served on the defendant: Provided that where the summons was properly addressed, pre-paid and duly sent by[2] [speed post with registration and proof of delivery, the declaration referred to in this sub-rule shall be made notwithstanding the fact that the proof of delivery] having been lost or mislaid, or for any other reason, has not been received by the Court within thirty days from the date of issue of summons. (6) The High Court or the District Judge, as the case may be, shall prepare a panel of courier agencies for the purposes of sub-rule (1) . 1[ 8A . Recovery of balance due on mortgage in suit for redemption.— Where the net proceeds of any sale held under[2] [rule 8] are found insufficient to pay the amount due to the defendant, the Court, 3[on application by him in execution], may, if the balance is legally recoverable from the plaintiff otherwise than out of the property sold, pass a decree for such balance.] 1. Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977). T o No. 30 ORDER ON THE NAZIR FOR CAUSING SERVICE OF PROCLAMATION OF SALE (O. 21, r. 66) (Title) The Nazir of the Court. WHEREAS an order has been made for the sale of the property of the judgment-debtor specified in the schedule hereunder annexed, and whereas the………….day of………20..........., has been fixed for the sale of the said property,………. copies of the proclamation of sale are by this warrant made over to you, and you are hereby ordered to have the proclamation published by beat of drum within each of the properties specified in the said schedule, to affix a copy of the said proclamation on a conspicuous part of each of the said properties and afterwards on the Court-house, and then to submit to this Court a report showing the dates on which and the manner in which the proclamations have been published. Dated the…………. day of………………20………. Schedule Judge. No. 31 CERTIFICATE BY OFFICER HOLDING A SALE OF THE DEFICIENCY OF PRICE ON A RE-SALE OF PROPERTY BY REASON OF THE PURCHASER'S DEFAULT (O. 21, r. 71) (Title) Certified that at the re-sale of the property in execution of the decree in the above-named suit, in consequence of default on the part of…, purchaser, there was a deficiency in the price of the said property amounting to Rs……………………., and that the expenses attending such re-sale amounted to Rs……. , making a total of Rs……………, which sum is recoverable from the defaulter. Dated the…………. day of………… 20…….. Officers holding the sale. ==> picture [34 x 13] intentionally omitted <== NOTICE TO PERSON IN POSSESSION OF MOVABLE PROPERTY SOLD IN EXECUTION (O.21, r. 79) (Title) T o …………… …………… WHEREAS……………………...has become the purchaser at a public sale in execution of the decree in the above suit of………..now in your possession, you are hereby prohibited from delivering possession of the said……. to any person except the said……… GIVEN under my hand and the seal of the Court, this…………day of…………20…….. Judge. No. 33 PROHIBITORY ORDER AGAINST PAYMENT OF DEBTS SOLD IN EXECUTION TO ANY OTHER THAN THE PURCHASER (O. 21, r. 79) (Title) T o …………… and to …………… WHEREAS……………has become the purchaser at a public sale in execution of the decree in the above suit of………….. being debts due from you……………to you…………….; It is ordered that you ....... be, and you are hereby, prohibited from receiving, and you……………………...from making payment of, the said debt to any person or persons except the said………….. GIVEN under my hand and the seal of the Court, this…………day of………..20…….. Judge. No. 34 PROHIBITORY ORDER AGAINST THE TRANSFER OF SHARE SOLD IN EXECUTION (O. 21, r. 79) (Title) T o ........................................and,.................................. Secretary of.........................................Corporation. 8. New ground of defence.— Any ground of defence which has arisen after the institution of the suit or the presentation of a written statement claiming a set-off[1] [or counter-claim] may be raised by the defendant or plaintiff, as the case may be, in his written statement. 8A. [ Duty of defendant to produce documents upon which relief is claimed by him. ] omitted by Act 46 of 1999, s . 18 ( w.e.f. 1-7-2002). 2[9. Subsequent pleadings.— No pleading subsequent to the written statement of a defendant other than by way of defence to set-off or counter-claim shall be presented except by the leave of the Court 1. Ins. by Act 104 of 1976, s. 58 (w.e.f. 1-2-1977). 2. Subs. by Act 22 of 2002, s. 9, for rules 9 and 10 (w.e.f. 1-7-2002). and upon such terms as the Court thinks fit; but the Court may at any time require a written statement or additional written statement from any of the parties and fix a time of not more than thirty days for presenting the same. WHEREAS………….has become the purchaser at a public sale in execution of the decree, in the above suit, of certain shares in the above Corporation, that is to say, of…………………..standing in the name of you……………; It is ordered that you……………….be, and you are hereby, prohibited from making any transfer of the said shares to any person except the said…………………, the purchaser aforesaid, or from receiving any dividends thereon; and you……………, Secretary of the said Corporation, from permitting any such transfer or making any such payment to any person except the said……………..., the purchaser aforesaid. GIVEN under my hand and the seal of the Court, this………..day of …………..20……… Judge. No. 35 CERTIFICATE TO JUDGMENT-DEBTOR AUTHORISING HIM TO MORTGAGE, LEASE OR SELL PROPERTY (O. 21, r. 83) (Title) T o … … … … … … … … WHEREAS in excecution of the decree passed in the above suit an order was made on the…………day of……………..20…….., for the sale of the under-mentioned property of the judgment-debtor…....., and whereas the Court has, on the application of the said judgment-debtor, postponed the said sale to enable him to raise the amount of the decree by mortgage, lease or private sale of the said property or of some part thereof: 8. Procedure where defendant only appears.— Where the defendant appears and the plaintiff does not appear when the suit is called on for hearing, the Court shall make an order that the suit be dismissed, unless the defendant admits the claim, or part thereof, in which case the Court shall pass a decree against the defendant upon such admission, and where part only of the claim has been admitted, shall dismiss the suit so far as it relates to the remainder. This is to certify that the Court doth hereby authorize the said judgment-debtor to make the proposed mortgage, lease or sale within a period of……. from the date of this certificate; provided that all monies payable under such mortgage, lease or sale shall be paid into this Court and not to the said judgment-debtor. Description of property GIVEN under my hand and the seal of the Court, this…………day of………..20….. Judge. No. 36 ==> picture [282 x 42] intentionally omitted <== T o ………… ………… WHEREAS the under-mentioned property was sold on the……….day of……………... 20……. …..., in execution of the decree passed in the above named suit, and whereas…………………, the decree-holder [ or judgment-debtor], has applied to this Court to set aside the sale of the said property on the ground of a material irregularity [or fraud] in publishing [ or conducting] the sale, namely, that……………. Take notice that if you have any cause to show why the said application should not be granted, you should appear with your proofs in this Court on the…………day of…………20........., when the said application will be heard and determined. GIVEN under my hand and the seal of the Court, this…………day of………….20…… Description of property Judge. ==> picture [34 x 13] intentionally omitted <== NOTICE TO SHOW CAUSE WHY SALE SHOULD NOT BE SET ASIDE ==> picture [84 x 28] intentionally omitted <== To …………… …………… 8. Affidavit in answer, filing.— Interrogatories shall be answered by affidavit to be filed within ten days or within such other time as the Court may allow. WHEREAS……………the purchaser of the under-mentioned property sold on the……………… day of ……20………, in execution of the decree passed in the above-named suit, has applied to this Court to set aside the sale of the said property on the ground that…………… , the judgment-debtor, had no saleable interest therein. Take notice that if you have any cause, to show why the said application should not be granted, you should appear with your proofs in this Court on the…………………… day of…………20........., when the said application will be heard and determined. Given under my hand and the seal of the Court, this…………day of…………20……. Description of property Judge. No. 38 CERTIFICATE OF SALE OF LAND (O. 21, r. 94) (Title) This is to certify that…………………..has been declared the purchaser at a sale by public auction on the…………………………day of………….20………of………………..in execution of decree in this and that the said sale has been duly confirmed by this Court. Given under my hand and the seal of the Court, this…………day of…………20…… Judge. No. 39 ORDER FOR DELIVERY TO CERTIFIED PURCHASER OF LAND AT A SALE IN EXECUTION (O. 21, r. 95.) (Title) T o The Bailiff of the Court. WHEREAS…………………………………..has become the certified purchaser of…………………..at a sale in execution of decree in Suit No……………of……………..20………..; You are hereby ordered to put the said……………, the certified purchaser, as aforesaid, in possession of the same. Given under my hand and the seal of the Court, this…………day of…………20…….. 8. Notice to produce documents.— Notice to produce documents shall be in Form No. 12 in Appendix C, with such variations as circumstances may require. An affidavit of the pleader, or his clerk, of the service of any notice to produce, and of the time when it was served, with a copy of the notice to produce, shall in all cases be sufficient evidence of the service of the notice, and of the time when it was served. Judge. No. 40 SUMMONS TO APPEAR AND ANSWER CHARGE OF OBSTRUCTING EXECUTION OF DECREE (O. 21, r. 97) (Title) T o . . . .. . .. . .. . .. . .. . . . . . .. . .. . .. . .. . .. . . WHEREAS……………………………,the decree-holder in the above suit, has complained to this Court that you have resisted (or obstructed) the officer charged with the execution of the warrant for possession; You are hereby summoned to appear in this Court on the……………day of……………20……......... at………………A.M., to answer the said complaint. Given under my hand and the seal of the Court, this………………………day of…………20………. Judge. No. 41 WARRANT OF COMMITTAL (O. 21, r. 98) (Title) To The Officer in Charge of the Jail at………………............................................................... WHEREAS the under-mentioned property has been decreed to………………, the plaintiff in this suit, and whereas the Court is satisfied that…………………without any just cause resisted (or obstructed) and is still resisting (or obstructing) the said……….. …………….in obtaining possession of the property, and whereas the said……………..has made application to this Court that the said…………….be committed to the Civil prison; You are hereby commanded and required to take and receive the said…………………... into the civil prison and to keep him imprisoned therein for the period of………….days. GIVEN under my hand and the seal of the Court, this………….day of……………………20…….. Judge. No. 42 8. Court may order any document to be impounded.— Notwithstanding anything contained in rule 5 or rule 7 of this Order or in rule 17 of Order VII, the Court may, if it sees sufficient cause, direct any document or book produced before it in any suit to be impounded and kept in the custody of an officer of the Court, for such period and subject to such conditions as the Court thinks fit. AUTHORITY OF THE COLLECTOR TO STAY PUBLIC SALE OF LAND (Section 72) (Title) To …………, ………………………………Collector of………………………………. SIR, In answer to your communication No.………………., dated……………………..,representing that the sale in execution of the decree in this suit of…………………………….land situate within your district is objectionable, I have the honour to inform you that you are authorised to make provision for the satisfaction of the said decree in the manner recommended by you. I have the honour to be, SIR, Your obedient servant, Judge. APPENDIX F SUPPLEMENTAL PROCEEDINGS No. 1 WARRANT OF ARREST BEFORE JUDGMENT (O. 38, r. 1) (Title) To The Bailiff of the Court. 8. Power to impose costs. —The Court may make an order for payment of costs in an application for summary judgment in accordance with the provisions of sections 35 and 35A of the Code.] ORDER XIV - S ettlement of Issues and Determination of Suit on Issues of Law or on Issues agreed upon WHEREAS………………………., the plaintiff in the above suit, claims the sum of Rs. ………… as noted in the margin, and has proved to the satisfaction of the Court that there is probable cause for believing that the Principal defendant………………………is about to……………….;These are to command you to demand and receive from the said……………..the sum of Rs………………..as sufficient to satisfy the plaintiff's claim, and unless the said sum of Rs.……………… ...is forthwith delivered to Interest you by or on behalf of the said………………………,to take the said……………………………………………into custody, and to bring him before this Court, in order that he may show cause why he should not furnish security to the amount of Rs. ………………….for his Costs personal appearance before the Court, until such time as the said suit shall be fully and finally disposed of, and until satisfaction of any decree that may be passed against him in the suit. TOTAL GIVEN under my hand and the seal of the Court, this……………………. Day of ……………20… Judge. No. 2 SECURITY FOR APPEARANCE OF A DEFENDANT ARRESTED BEFORE JUDGMENT (O. 38, r. 2.) ==> picture [31 x 13] intentionally omitted <== WHEREAS at the instance of………………., the plaintiff in the above suit, ………………the defendant, has been arrested and brought before the Court; And whereas on the failure of the said defendant to show cause why he should not furnish security for his appearance, the Court has ordered him to furnish such security: 8. Consequences of non-compliance with orders.— Where any party fails to comply with the order of the Court passed in a Case Management Hearing, the Court shall have the power to— (a) condone such non-compliance by payment of costs to the Court; (b) foreclose the non-compliant party's right to file affidavits, conduct cross-examination of witnesses, file written submissions, address oral arguments or make further arguments in the trial, as the case may be, or (c) dismiss the plaint or allow the suit where such non-compliance is wilful, repeated and the imposition of costs is not adequate to ensure compliance.] STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).― Insertion of Order XV-A.—After Order XV of the Code, insert the following Order, namely,- "ORDER XV-A Therefore I…………………have voluntarily become surety and do hereby bind myself, my heirs and executors, to the said Court, that the said defendant shall appear at any time when called upon while the suit is pending and until satisfaction of any decree that may be passed against him in the said suit; and in default of such appearance I bind myself, my heirs and executors, to pay to the said Court, at its order, any sum of money that may be adjudged against the said defendant in the said suit. Witness my hand at………………this……………day of………….20…….. (Signed.) Witnesses. 1. 8. Summons how served. —Every summons[2] [under this Order, not being a summons delivered to a party for service under rule 7A,] shall be served as nearly as may be in the same manner as a summons to a defendant, and the rules in Order V as to proof of service shall apply in the case of all summonses served under this rule. 8. Procedure where Judge has vacated office before signing decree.— Where a Judge has vacated office after pronouncing judgment but without signing the decree, a decree drawn up in accordance with such judgment may be signed by his successor or, if the Court has ceased to exist, by the Judge of any Court to which such Court was subordinate. 8. Execution of decree or order by Court to which it is sent.— Where such copies are so filed, the decree or order may, if the Court to which it is sent is the District Court, be executed by such Court or be transferred for execution to any subordinate Court of competent jurisdiction. 8. When plaintiff's insolvency bars suit.— (1) The insolvency of a plaintiff in any suit which the assignee or receiver might maintain for the benefit of his creditors, shall not cause the suit to abate, unless such assignee or receiver declines to continue the suit or (unless for any special reason the Court otherwise directs) to give security for the costs thereof within such time as the Court may direct. (2) Procedure where assignee fails to continue suit, or give security.— Where the assignee or receiver neglects or refuses to continue the suit and to give such security within the time so ordered, the defendant may apply for the dismissal of the suit on the ground of the plaintiff's insolvency, and the Court may make an order dismissing the suit an awarding to the defendant the costs which he has incurred in defending the same to be proved as a debt against the plaintiff's estate. 8. When depositions may be read in evidence.— Evidence taken under a commission shall not be read as evidence in the suit without the consent of the party against whom the same is offered, unless— (a) the person who gave the evidence is beyond the jurisdiction of the Court, or dead or unable from sickness or infirmity to attend to be personally examined, or exempted from personal appearance in Court, or is a[6] [person in the service of the Government] who cannot, in the opinion of the Court, attend without detriment to the public service, or (b) the Court in its discretion dispenses with the proof of any of the circumstances mentioned in clause (a) and authorizes the evidence of any person being read as evidence in the suit, notwithstanding proof that the cause for taking such evidence by commission has ceased at the time of reading the same. Commissions for local investigations 8. Procedure in suits against public officer.— (1) Where the Government undertakes the defence of a suit against a public officer, the[1] [Government pleader] upon being furnished with authority to appear and answer the plaint, shall apply to the court, and upon such application the Court shall cause a note of his authority to be entered in the register of civil suits. (2) Where no application under sub-rule (1) is made by the[1] [Government pleader] on or before the day fixed in the notice for the defendant to appear and answer, the case shall proceed as in a suit between private parties: Provided that the defendant shall not be liable to arrest, nor his property to attachment, otherwise than in execution of a decree. 1[ 8. Appearance under protest.— (1) Any person served with summons as a partner under rule 3 may enter an appearance under protest, denying that he was a partner at any material time. (2) On such appearance being made, either the plaintiff or the person entering the appearance may, at any time before the date fixed for hearing and final disposal of the suit, apply to the Court for determining whether that person was a partner of the firm and liable as such. (3) If, on such application, the Court holds that he was a partner at the material time, that shall not preclude the person from filing a defence denying the liability of the firm in respect of the claim against the defendant. (4) If the Court, however, holds that such person was not a partner of the firm and was not liable as such that shall not preclude the plaintiff from otherwise serving a summons on the firm and proceeding with the suit; but in that event, the plaintiff shall be precluded from alleging the liability of that person as a partner of the firm in execution of any decree that may be passed against the firm.] 8. Retirement of next friend.— (1) Unless otherwise ordered by the Court, a next friend shall not retire without first procuring a fit person to be put in this place, and giving security for the costs already incurred. (2) The application for the appointment of a new next friend shall be supported by an affidavit showing the fitness of the person proposed and also that he has no interest adverse to that of the minor. 8. Procedure if application admitted.— Where the application is granted, it shall be numbered and registered, and shall be deemed the plaint in the suit, and the suit shall proceed in all other respects as a suit instituted in the ordinary manner, except that the plaintiff shall not be liable to pay any court-fee[2] [or fees payable for service of process] in respect of any petition, appointment of a pleader or other proceeding connected with the suit. 2[ 8. Adjudication of claim to property attached before judgment.— Where any claim is preferred to property attached before judgment, such claim shall be adjudicated upon in the manner hereinbefore provided for the adjudication of claim to property attached in execution of a decree for the payment of money.] 8. Application for such orders to be after notice.— (1) An application by the plaintiff for an order under rule 6 or rule 7 may be made[1] * at any time after institution of the suit. (2) An application by the defendant for a like order may be made[2] * at any time after appearance. 3[(3) Before making an order under rule 6 or rule 7 on an application made for the purpose, the Court shall, except where it appears that the object of making such order would be defeated by the delay, direct notice thereof to be given to the opposite party.] 8. Exercise of power in appeal from order made in execution of decree.— The powers conferred by rules 5 and 6 shall be exercisable where an appeal may be or has been preferred not from the decree but from an order made in execution of such decree. Procedure on admission of appeal 8. Sub-rule (2) ins. by s. 14, ibid. and omitted by Act 104 of 1976, s. 90 (w.e.f. 1-2-1977). 9. Subs. by Act 104 of 1976, s. 90, for rule 2 (w.e.f. 1-2-1977). preferred, no further inquiry in respect of the question whether or not he is an indigent person shall be necessary if the applicant has made an affidavit stating that he has not ceased to be an indigent person since the date of the decree appealed from; but if the Government Pleader or the respondent disputes the truth of the statement made in such affidavit, an inquiry into the question aforesaid shall be held by the Appellate Court, or, under the orders of the Appellate Court, by an officer of that Court. (2) Where the applicant, referred to in rule 11, is alleged to have become an indigent person since the date of the decree appealed from, the inquiry into the question whether or not he is an indigent person shall be made by the Appellate Court or, under the orders of the Appellate Court, by an officer of that Court unless the Appellate Court considers it necessary in the circumstances of the case that the inquiry should be held by the Court from whose decision the appeal is preferred.] ORDER XLV APPEALS TO THE[1] [SUPREME COURT] 8. Admission of appeal and procedure thereon.— Where such security has been furnished and deposit made to the satisfaction of the Court, the court shall — (a) declare the appeal admitted, (b) give notice thereof to the respondent, (c) transmit to[3] [the Supreme Court] under the seal of the Court a correct copy of the said record, except as aforesaid, and (d) give to either party one or more authenticated copies of any of the papers in the suit on his applying therefore and paying the reasonable expenses incurred in preparing them. 8. Registry of application granted, and order for re-hearings.— When an application for review is granted, a note thereof shall be made in the register and the Court may at once re-hear the case or make such order in regard to the re-hearing as it thinks fit. 8. The plaintiff claims— (1) that the defendant be restrained by injunction from disposing of, injuring or concealing the said [painting]; (2) that he be compelled to deliver the same to the plaintiff. ==> picture [32 x 13] intentionally omitted <== ==> picture [71 x 13] intentionally omitted <== ==> picture [31 x 14] intentionally omitted <== A. B., the above-named plaintiff, states as follows:— 8. The plaintiff claims— (1) that the defendant transfers the said property to the plaintiff by a sufficient instrument [ following the terms of the agreement ]; (2)……………. rupees compensation for withholding the same. 1. added. by Act 104 of 1976, s. 93 (w.e.f. 1-2-1977). No. 49 PARTNERSHIP (Title) - A.B ., the above-named plaintiff, states as follows:— 8. The defendant satisfied the claim by payment after suit to the plaintiff on the………. day of…….. 20……… No. 2 DEFENCE IN SUITS ON BONDS 1. The bond is not the defendant's bond. 8. And that if the ………….. * shall find it necessary for carrying out the objects of the suit to sell any part of the movable property of the deceased that the same be sold accordingly, and the proceeds paid into Court. 8. I possess the following:— - (a) Banking accounts; - (b) Stocks and shares; - (c) Life and endowment policies; - (d) House property; Give particulars - (e) Other property; - (f) Other securities; 8. I say that I am aware that for any false statement or concealment, I shall be liable for action taken against me under the law for the time being in force. Place: Date: DEPONENT VERIFICATION I, ………………………. do hereby declare that the statements made above are true to my knowledge. Verified at [ place ] on this [ date ] DEPONENT.] 1. Ins. by Act 28 of 2018, s. 18 (w.e.f. 23-10-2015). STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— After Appendix H, insert the following Appendix, namely:— APPENDIX-I STATEMENT OF TRUTH (Under First Schedule, Order VI- Rule 15A and Order XI- Rule 3) I ----- the deponent do hereby solemnly affirm and declare as under: 1. I am the party in the above suit and competent to swear this affidavit.

Source: India Code