THE CODE OF CIVIL PROCEDURE, 1908 SUMMONS AND DISCOVERY

______ SECTIONS
ARRANGEMENT OF SECTIONS 27. Summons to defendants.
______ 28. Service of summons where defendant resides in another State.
PRELIMINARY 29. Service of foreign summonses.
SECTIONS
30. Power to order discovery and the like.
1. Short title, commencement and extent.
31. Summons to witness.
2. Definitions.
32. Penalty for default.
3. Subordination of Courts.
JUDGMENT AND DECREE
4. Savings.
33. Judgment and decree.
5. Application of the Code to Revenue Courts.
INTEREST
6. Pecuniary jurisdiction.
34. Interest.
7. Provincial Small Cause Courts. COSTS
8. Presidency Small Cause Courts. 35. Costs.
PART I 35A. Compensatory costs in respect of false or vexatious claims or defences.
SUITS IN GENERAL 35B. Costs for causing delay.
JURISDICTION OF THE COURTS AND Res judicata
PART II
9. Courts to try all civil suits unless barred. EXECUTION
10. Stay of suit. GENERAL
11. Res judicata. 36. Application to orders.
12. Bar to further suit. 37. Definition of Court which passed a decree.
13. When foreign judgment not conclusive. COURTS BY WHICH DECREES MAY BE EXECUTED
14. Presumption as to foreign judgments. 38. Court by which decree may be executed.
PLACE OF SUING 39. Transfer of decree.
15. Court in which suits to be instituted. 40. Transfer of decree to Court in another State.
16. Suits to be instituted where subject-matter situate. 41. Result of execution proceedings to be certified.
17. Suits for immovable property situate within jurisdiction of different Courts. 42. Powers of Court in executing transferred decree.
18. Place of Institution of suit where local limits of jurisdiction of Courts are uncertain. 43. Execution of decrees passed by Civil Courts in places to which this Code does not extend.
19. Suits for compensation for wrongs to person or movables. 44. Execution of decrees passed by Revenue Courts in places to which this Code does not extend.
20. Other suits to be instituted where defendants reside or cause of action arises. 44A. Execution of decrees passed by Courts in reciprocating territory.
21. Objections to jurisdiction. 45. Execution of decrees outside India.
21A. Bar on suit to set aside decree on objection as to place of suing. 46. Precepts.
22. Power to transfer suits which may be instituted in more than one Court. QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE
23. To what Court application lies. 47. Questions to be determined by the Court executing decree.
24. General power of transfer and withdrawal. LIMIT OF TIME FOR EXECUTION
25. Power of Supreme Court to transfer suits, etc. 48. [Repealed.].
INSTITUTION OF SUITS TRANSFEREES AND LEGAL REPRESENTATIVES
26. Institution of suits. 49. Transferee.

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SECTIONS PART III

50. Legal representative. INCIDENTAL PROCEEDINGS
PROCEDURE IN EXECUTION COMMISSIONS
51. Powers of Court to enforce execution. SECTIONS
52. Enforcement of decree against legal representative. 75. Power of Court to issue commissions.
53. Liability of ancestral property. 76. Commission to another Court.
54. Partition of estate or separation of share. 77. Letter of request.
ARREST AND DETENTION 78. Commissions issued by foreign Courts.
55. Arrest and detention. PART IV
56. Prohibition of arrest or detention of women in execution of decree for money. SUITS IN PARTICULAR CASES
57. Subsistence-allowance. SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN
58. Detention and release. THEIR OFFICIAL CAPACITY
59. Release on ground of illness. 79. Suits by or against Government.
ATTACHMENT 80. Notice.
60. Property liable to attachment and sale in execution of decree. 81. Exemption from arrest and personal appearance.
61. Partial exemption of agricultural produce. 82. Execution of decree.
SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS,
62. Seizure of property in dwelling house.
AMBASSADORS AND ENVOYS
63. Property attached in execution of decrees of several Courts.
83. When aliens may sue.
64. Private alienation of property after attachment to be void.
84. When foreign States may sue.
SALE 85. Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers.
65. Purchaser’s title. 86. Suits against foreign Rulers, Ambassadors and Envoys.
66. [Repealed.]. 87. Style of foreign Rulers as parties to suits.
87A. Definitions of “foreign State” and “Ruler”
67. Power for State Government to make rules as to sales of land in execution of decrees for payment
SUITS AGAINST RULERS OF FORMER INDIAN STATES
of money.
87B. Application of sections 85 and 86 to Rulers of former Indian States.
DELEGATION TO COLLECTOR OF POWER TO EXECUTE DECREES
AGAINST IMMOVABLE PROPERTY INTERPLEADER
68. [Repealed.]. 88. Where interpleader-suit may be instituted.
69. [Repealed.]. PART V
70. [Repealed.]. SPECIAL PROCEEDINGS
71. [Repealed.]. ARBITRATION
72. [Repealed.]. 89. Settlement of disputes outside the Court.
DISTRIBUTION OF ASSETS SPECIAL CASE
90. Power to state case for opinion of Court.
73. Proceeds of execution-sale to be rateably distributed among decree-holders.
RESISTANCE TO EXECUTION
PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC
74. Resistance to execution.

91. Public nuisances and other wrongful acts affecting the public.
92. Public charities.
93. Exercise of powers of Advocate-General outside presidency-towns.

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 SECTIONS
PART VI
114. Review.
SUPPLEMENTAL PROCEEDINGS
115. Revision.
SECTIONS
PART IX
94. Supplemental proceedings.
SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING
95. Compensation for obtaining arrest, attachment or injunction on insufficient ground.
THE COURT OF A JUDICIAL COMMISSIONER
PART VII
116. Part to apply only to certain High Courts.
APPEALS
117. Application of Code to High Courts.
APPEALS FROM ORIGINAL DECREES
118. Execution of decree before ascertainment of costs.
96. Appeal from original decree.
119. Unauthorised persons not to address Court.
97. Appeal from final decree where no appeal from preliminary decree. 120. Provisions not applicable to High Court in original civil jurisdiction.
98. Decision where appeal heard by two or more Judges. PART X
99. No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction. RULES
99A. No order under section 47 to be reversed or modified unless decision of the case is prejudicially 121. Effect of rules in First Schedule.
affected.
122. Power of certain High Courts to make rules.
APPEALS FROM APPELLATE DECREES
123. Constitution of Rules Committees in certain States.
100. Second appeal.
124. Committee to report to High Court.
100A. No further appeal in certain cases.
125. Power of other High Courts to make rules.
101. Second appeal on no other grounds.
126. Rules to be subject to approval.
102. No second appeal in certain cases.
127. Publication of rules.
103. Power of High Court to determine issues of fact.
128. Matters for which rules may provide.
129. Power of High Courts to make rules as to their original civil procedure.
APPEALS FROM ORDERS
130. Power of other High Courts to make rules as to matters other than procedure.
104. Orders from which appeal lies.
131. Publication of rules.
105. Other orders.
PART XI
106. What Courts to hear appeals.
MISCELLANEOUS
GENERAL PROVISIONS RELATING TO APPEALS
132. Exemption of certain women from personal appearance.
107. Powers of Appellate Court.
133. Exemption of other persons.
108. Procedure in appeals from appellate decrees and orders.
134. Arrest other than in execution of decree.
APPEALS TO THE SUPREME COURT 135. Exemption from arrest under civil process.
109. When appeals lie to the Supreme Court. 135A. Exemption of members of legislative bodies from arrest and detention under civil process.
110. [Omitted.].
136. Procedure where person to be arrested or property to be attached is outside district.
111. [Omitted.].
137. Language of subordinate Courts.
111A. [Omitted.].
138. Power of High Court to require evidence to be recorded in English.
112. Savings.
139. Oath on affidavit by whom to be administered.
PART VIII
140. Assessors in causes of salvage, etc.
REFERENCE, REVIEW AND REVISION
141. Miscellaneous proceedings.
113. Reference to High Court.
142. Orders and notices to be in writing.

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SECTIONS THE FIRST SCHEDULE

143. Postage. ______
ORDER I
144. Application for restitution. ______
145. Enforcement of liability of surety. Parties to Suits
146. Proceedings by or against representatives. RULES
1. Who may be joined as plaintiffs.
147. Consent or agreement by persons under disability. 2. Power of Court to order separate trial.
148. Enlargement of time. 3. Who may be joined as defendants.
148A. Right to lodge a caveat. 3A. Power to order separate trials where joinder of defendants may embarrass or delay trial.
4. Court may give judgment for or against one or more of joint parties.
149. Power to make up deficiency of court-fees. 5. Defendant need not be interested in all the relief claimed.
150. Transfer of business. 6. Joinder of parties liable on same contract.
151. Saving of inherent powers of Court. 7. When plaintiff in doubt from whom redress is to be sought.
8. One person may sue or defend on behalf of all in same interest.
152. Amendment of judgments, decrees or orders. 8A. Power of Court to permit a person or body of persons to present opinion or to take part in
153. General power to amend. the proceedings.
9. Misjoinder and non-joinder.
153A. Power to amend decree or order where appeal is summarily dismissed.
10. Suit in name of wrong plaintiff.
153B. Place of trial to be deemed to be open Court. Court may strike out or add parties.
154. [Repealed.]. Where defendant added, plaint to be amended.
10A. Power of Court to request any pleader to address it.
155. [Repealed.].
11. Conduct of suit.
156. [Repealed.]. 12. Appearance of one of several plaintiffs or defendants for others.
157. Continuance of orders under repealed enactments. 13. Objections as to non-joinder or misjoinder.
_______
158. Reference to Code of Civil Procedure and other repealed enactments.
ORDER II
Frame of Suit
1. Frame of suit.
2. Suit to include the whole claim.
Relinquishment of part of claim.
Omission to sue for one of several reliefs.
3. Joinder of causes of action.
4. Only certain claims to be joined for recovery of immovable property.
5. Claims by or against executor, administrator or heir.
6. Power of Court to order separate trials.
7. Objections as to misjoinder.
_______
ORDER III
Recognized Agents and Pleaders
1. Appearances, etc., may be in person, by recognised agent or by pleader.
2. Recognised agents.
3. Service of process on recognised agent.
4. Appointment of pleader.
5. Service of process on pleader.
6. Agent to accept service.
Appointment to be in writing and to be filed in Court.

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 ORDER IV RULES
24. Service on defendant in prison.
Institution of suits
25. Service where defendant resides out of India and has no agent.
RULES
26. Service in foreign territory through Political Agent or Court.
1. Suit to be commenced by plaint.
26A. Summonses to be sent to officers to foreign countries.
2. Register of suits.
27. Service on civil public officer or on servant of railway company or local authority.
_______
28. Service on soldiers, sailors or airmen.
ORDER V
29. Duty of person to whom summons is delivered or sent for service.
Issue and Service of Summons 30. Substitution of letter for summons.
Issue of summons ORDER VI
1. Summons. Pleadings Generally
2. Copy of plaint annexed to summons. 1. Pleading.
3. Court may order defendant or plaintiff to appear in person. 2. Pleading to state material facts and not evidence.
4. No party to be ordered to appear in person unless resident within certain limits.
3. Forms of pleading.
5. Summons to be either to settle issues or for final disposal.
4. Particulars to be given where necessary.
6. Fixing day for appearance of defendant.
5. [Omitted.].
7. Summons to order defendant to produce documents relied on by him.
6. Condition precedent.
8. On issue of summons for final disposal, defendant to be directed to produce his witnesses.
7. Departure.
Service of Summons
8. Denial of contract.
9. Delivery of summons by Court.
9. Effect of document to be stated.
9A. Summons given to the plaintiff for service.
10. Malice, knowledge, etc.
10. Mode of service. 11. Notice.
11. Service on several defendants. 12. Implied contract, or relation.
12. Service to be on defendant in person when practicable, or on his agent. 13. Presumptions of law.
13. Service on agent by whom defendant carries on business.
14. Pleading to be signed.
14. Service on agent in charge in suits for immovable property.
14A. Address for service of notice.
15. Where service may be on an adult member of defendant’s family.
15. Verification of pleadings.
16. Person served to sign acknowledgement.
16. Striking out pleadings.
17. Procedure when defendant refuses to accept service, or cannot be found.
17. Amendment of pleadings.
18. Endorsement of time and manner of service. 18. Failure to amend after order.
19. Examination of serving officer. _______
19A. [Omitted.]. ORDER VII
20. Substituted service. Plaint
Effect of substituted service. 1. Particulars to be contained in plaint.
Where service substituted, time for appearance to be fixed. 2. In money suits.
20A. [Repealed.]. 3. Where the subject-matter of the suit is immovable property.
21. Service of summons where defendant resides within jurisdiction of another Court. 4. When plaintiff sues as representative.
22. Service within presidency-towns of summons issued by Courts outside. 5. Defendant’s interest and liability to be shown.
23. Duty of Court to which summons is sent. 6. Grounds of exemption from limitation law.
7. Relief to be specifically stated.

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RULES RULES
8. Relief founded on separate grounds. 2. Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs.
9. Procedure on admitting plaint. 3. Where neither party appears suit to be dismissed.
10. Return of plaint. 4. Plaintiff may bring fresh suit or Court may restore suit to file.
Procedure on returning plaint. 5. Dismissal of suit where plaintiff after summons returned unserved, fails for seven days to apply
10A. Power of Court to fix a date of appearance in the Court where plaint is to be filed after its for fresh summons.
return. 6. Procedure when only plaintiff appears.
When summons duly served.
10B. Power of appellate Court to transfer suit to the proper Court.
When summons not duly served.
11. Rejection of plaint. When summons served but not in due time.
12. Procedure on rejecting plaint. 7. Procedure where defendant appears on day of adjourned hearing and assigns good cause for
13. Where rejection of plaint does not preclude presentation of fresh plaint. previous non-appearance.
Documents relied on in Plaint 8. Procedure where defendant only appears.
14. Production of document on which plaintiff sues or relies. 9. Decree against plaintiff by default bars fresh suit.
15. [Omitted.]. 10. Procedure in case of non-attendance of one or more of several plaintiffs.
16. Suits on lost negotiable instruments. 11. Procedure in case of non-attendance of one or more of several defendants.
17. Production of shop-book. 12. Consequence of non-attendance, without sufficient cause shown, of party ordered to
Original entry to be marked and returned. appear in person.
18. [Omitted.].
Setting aside Decree ex parte
_______
13. Setting aside decree ex parte against defendant.
ORDER VIII
Written statement, set-off and counter-claim 14. No decree to be set aside without notice to opposite party.
1. Written statement. ______
1A. Duty of defendant to produce documents upon which relief is claimed or relied upon by him. ORDER X
2. New facts must be specially pleaded. Examination of Parties by the Court
3. Denial to be specific. 1. Ascertainment whether allegations in pleadings are admitted or denied.
4. Evasive denial. 1A. Direction of the court to opt for any one mode of alternative dispute resolution.
5. Specific denial. 1B. Appearance before the conciliatory forum or authority.
6. Particulars of set-off to be given in written statement. 1C. Appearance before the court consequent to the failure of efforts of conciliation.
Effect of set-off.
2. Oral examination of party, or companion of party.
6A. Counter-claim by defendant.
6B. Counter-claim to be stated. 3. Substance of examination to be written.
6C. Exclusion of counter-claim. 4. Consequence of refusal or inability of pleader to answer.
6D. Effect of discontinuance of suit. ______
6E. Default of plaintiff to reply to counter-claim. ORDER XI
6F. Relief to defendant where counter-claim succeeds. Discovery and Inspection
6G. Rules relating to written statement to apply.
1. Discovery by interrogatories.
7. Defence or set-off founded upon separate grounds. 2. Particular interrogatories to be submitted.
8. New ground of defence. 3. Costs of interrogatories.
8A. [Omitted.]. 4. Form of interrogatories.
9. Subsequent pleadings. 5. Corporations.
10. Procedure when party fails to present written statement called for by Court. 6. Objections to interrogatories by answer.
_______ 7. Setting aside and striking out interrogatories.
ORDER IX 8. Affidavit in answer, filing.
Appearance of Parties and Consequence of non-Appearance 9. Form of affidavit in answer.
1. Parties to appear on day fixed in summons for defendant to appear and answer. 10. No exception to be taken.
11. Order to answer or answer further.

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RULES RULES
12. Application for discovery of documents. 3. Materials from which issues may be framed.
13. Affidavit of documents. 4. Court may examine witnesses or documents before framing issues.
14. Production of documents. 5. Power to amend and strike out, issues.
15. Inspection of documents referred to in pleadings or affidavits. 6. Questions of fact or law may by agreement be stated in form of issues.
16. Notice to produce. 7. Court, if satisfied that agreement was executed in good faith, may pronounce judgment.
17. Time for inspection when notice given. _______
18. Order for inspection. ORDER XV
19. Verified copies. Disposal of the Suit at the First Hearing
20. Premature discovery. 1. Parties not at issue.
21. Non-compliance with order for discovery. 2. One of several defendants not at issue.
22. Using answers to interrogatories at trial. 3. Parties at issue.
23. Order to apply to minors. 4. Failure to produce evidence.
______ _______
ORDER XII ORDER XVI
Admissions Summoning and Attendance of Witnesses
1. Notice of admission of case.
1. List of witnesses and summons to witnesses.
2. Notice to admit documents.
1A. Production of witnesses without summons.
2A. Document to be deemed to be admitted if not denied after service of notice to admit documents.
3. Form of notice.
2. Expenses of witness to be paid into Court on applying for summons.
3A. Power of Court to record admission. Experts.
4. Notice to admit acts. Scale of expenses.
5. Form of admissions. Expenses to be directly paid to witnesses.
6. Judgment on admissions. 3. Tender of expenses to witness.
7. Affidavit of signature.
4. Procedure where insufficient sum paid in.
8. Notice to produce documents.
Expenses of witnesses detained more than one day.
9. Costs.
_______
5. Time, place and purpose of attendance to be specified in summons.
ORDER XIII 6. Summons to produce document.
Production, Impounding and Return of Documents 7. Power to require persons present in Court to give evidence or produce document.
1. Original documents to be produced at or before the settlement of issues. 7A. Summons given to the party for service.
2. [Omitted.].
8. Summons how served.
3. Rejection of irrelevant or inadmissible documents.
9. Time for serving summons.
4. Endorsements on documents admitted in evidence.
5. Endorsements on copies of admitted entries in books, accounts and records.
10. Procedure where witness fails to comply with summons.
6. Endorsements on documents rejected an inadmissible in evidence. 11. If witness appears, attachment may be withdrawn.
7. Recording of admitted and return of rejected documents. 12. Procedure if witness fails to appear.
8. Court may order any document to be impounded. 13. Mode of attachment.
9. Return of admitted documents. 14. Court may of its own accord summon as witnesses strangers to suit.
10. Court may sent for papers from its own records or from other Courts. 15. Duty of persons summoned to give evidence or produce document.
11. Provisions as to documents applied to material objects. 16. When they may depart.
_______ 17. Application of rules 10 to 13.
ORDER XIV
18. Procedure where witness apprehended cannot give evidence or produce document.
settlement of issues and determination of suit on issues of law or on
Issues agreed upon 19. No witness to be ordered to attend in person unless resident within certain limits.
1. Framing of issues. 20. Consequence of refusal of party to give evidence when called on by Court.
2. Court to pronounce judgment on all issues.
21. Rules as to witnesses to apply to parties summoned.

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_______ RULES
ORDER XVI-A 2. Power to order attendance of deponent for cross-examination.
Attendance of Witnesses Confined or Detained in Prisons 3. Matters to which affidavits shall be confined.
______
RULES
1. Definitions. ORDER XX
Judgment and Decree
2. Power to require attendance of prisoners to give evidence. 1. Judgment when pronounced.
3. Expenses to be paid into Court. 2. Power to pronounce judgment written by Judge’s predecessor.
3. Judgment to be signed.
4. Power of State Government to exclude certain persons from the operation of rule 2.
4. Judgments of Small Cause Courts.
5. Officer in charge of prison to abstain from carrying out order in certain cases. Judgments of other Courts.
6. Prisoner to be brought to Court in custody. 5. Court to state its decision on each issue.
5A. Court to inform parties as to where an appeal lies in cases where parties are not represented by
7. Power to issue commission for examination of witness in prison. pleaders.
_______ 6. Contents of decree.
ORDER XVII 6A. Preparation of Decree.
Adjournment 6B. Copies of judgments when to be made available.
1. Court may grant time and adjourn hearing. 7. Date of decree.
Costs of adjournment. 8. Procedure where Judge has vacated office before signing decree.
2. Procedure if parties fail to appear on day fixed. 9. Decree for recovery of immovable property.
10. Decree for delivery of movable property.
3. Court may proceed notwithstanding either party fails to produce evidence, etc.
11. Decree may direct payment by instalments.
_______ Order, after decree, for payment by instalments.
ORDER XVIII 12. Decree for possession and mesne profits.
Hearing of the Suit and Examination of Witnesses 12A. Decree for specific performance of contract for the sale or lease of immovable property.
1. Right to begin. 13. Decree in administration-suit.
2. Statement and production of evidence. 14. Decree in pre-emption-suit.
3. Evidence where several issues. 15. Decree in suit for dissolution of partnership.
3A. Party to appear before other witnesses. 16. Decree in suit for account between principal and agent.
17. Special directions as to accounts.
4. Recording of evidence.
18. Decree in suit for partition of property or separate possession of a share therein.
5. How evidence shall be taken in appealable cases. 19. Decree when set-off or counter-claim is allowed.
6. When deposition to be interpreted. Appeal from decree relating to set-off or counter-claim.
7. Evidence under section 138. 20. Certified copies of judgment and decree to be furnished.
8. Memorandum when evidence not taken down by Judge. ______
9. When evidence may be taken in English.
ORDER XXA
10. Any particular question and answer may be taken down.
Costs
11. Questions objected to and allowed by Court.
12. Remarks on demeanour of witnesses. 1. Provisions relating to certain items.
13. Memorandum of evidence in unappealable cases. 2. Costs to be awarded in accordance with the rules made by High Court.
14. [Omitted.]. ______
15. Power to deal with evidence taken before another Judge. ORDER XXI
16. Power to examine witness immediately. Execution of Decrees and Orders
17. Court may recall and examine witness. Payment under decree
17A. [Omitted.].
1. Modes of paying money under decree.
18. Power of Court to inspect.
2. Payment out of Court to decree-holder.
19. Power to get statements recorded on commission.
______
ORDER XIX
Affidavits
1. Power to order any point to be proved by affidavit.

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 Courts executing decrees RULES
32. Decree for specific performance for restitution of conjugal rights, or for an injunction.
RULES 33. Discretion of Court in executing decrees for restitution of conjugal rights.
3. Lands situate in more than one jurisdiction. 34. Decree for execution of document, or endorsement of negotiable instrument.
4. Transfer to Court of Small Causes. 35. Decree for immovable property.
5. Mode of transfer. 36. Decree for delivery of immovable property when in occupancy of tenant.
6. Procedure where Court desires that its own decree shall be executed by another Court. 37. Discretionary power to permit judgment-debtor to show cause against detention in prison.
38. Warrant for arrest to direct judgment-debtor to be brought up.
7. Court receiving copies of decree, etc., to file same without proof.
39. Subsistence-allowance.
8. Execution of decree or order by Court to which it is sent. 40. Proceedings on appearance of judgment-debtor in obedience to notice or after arrest.
9. Execution by High court of decree transferred by other Court.
Attachment of property
Application for execution 41. Examination of judgment-debtor as to his property.
10. Application for execution. 42. Attachment in case of decree for rent or mesne profits or other matter, amount of which to be
subsequently determined.
11. Oral application.
Written application. 43. Attachment of movable property, other than agricultural produce, in possession of judgment-
debtor.
11A. Application for arrest to state grounds.
43A. Custody of movable property.
12. Application for attachment of movable property not in judgment-debtor’s possession. 44. Attachment of agricultural produce.
13. Application for attachment of immovable property to contain certain particulars. 45. Provisions as to agricultural produce under attachment.
14. Power to require certified extract from Collector’s register in certain cases. 46. Attachment of debt, share and other property not in possession of judgment-debtor.
15. Application for execution by joint decree-holders. 46A. Notice to garnishee.
16. Application for execution by transferee of decree. 46B . Order against garnishee.
46C. Trial of disputed questions.
17. Procedure on receiving application for execution of decree.
46D. Procedure where debt belongs to third person.
18. Execution in case of cross-decrees.
46E. Order as regards third person.
19. Execution in case of cross-claims under same decree. 46F. Payment by garnishee to be valid discharge.
46G. Costs.
20. Cross-decrees and cross-claims in mortgage suits.
46H. Appeals.
21. Simultaneous execution. 46I. Application to negotiable instruments.
22. Notice to show cause against execution in certain cases. 47. Attachment of share in movables.
22A. Sale not to be set aside on the death of the judgment-debtor before the sale but after the service 48. Attachment of salary or allowances of servant of the Government or railway company or local
of the proclamation of sale. authority.
48A. Attachment of salary or allowances of private employees.
23. Procedure after issue of notice.
49. Attachment of partnership property.
50. Execution of decree against firm.
Process for execution 51. Attachment of negotiable instruments.
24. Process for execution. 52. Attachment of property in custody of Court or public officer.
25. Endorsement on process.
53. Attachment of decrees.
Stay of execution 54. Attachment of immovable property.
26. When Court may stay execution.
55. Removal of attachment after satisfaction of decree.
Power to require security from, or impose conditions upon, judgment-debtor.
27. Liability of judgment-debtor discharged. 56. Order for payment of coin or currency notes to party entitled under decree.
28. Order of Court which passed decree or of Appellate Court to be binding upon Court applied to. 57. Determination of attachment.
29. Stay of execution pending suit between decree-holder and judgment-debtors. Adjudication of claims and objections
58. Adjudication of claims to, or objections to attachment, of property.
Mode of execution
30. Decree for payment of money.
31. Decree for specific movable property.

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RULES RULES
59. Stay of sale. 100. Order to be passed upon application complaining of dispossession.
60. [Omitted.]. 101. Question to be determined.
61. [Omitted.]. 102. Rules not applicable to transferee pendente lite.
62. [Omitted.].
103. Orders to be treated as decrees.
63. [Omitted.].
104. Orders under rule 101 or rule 103 to be subject to the result of pending suit.
Sale generally
105. Hearing of application.
64. Power to order property attached to be sold and proceeds to be paid to person entitled.
106. Setting aside orders passed ex parte, etc.
65. Sales by whom conducted and how made.
______
66. Proclamation of sales by public auction.
67. Mode of making proclamation. ORDER XXII
Death, Marriage and Insolvency of Parties
68. Time of sale.
69. Adjournment or stoppage of sale. 1. No abatement by party’s death if right to sue survives.
70. [Omitted.]. 2. Procedure where one of several plaintiffs or defendants dies and right to sue survives.
71. Defaulting purchaser answerable for loss on re-sale. 3. Procedure in case of death of one of several plaintiffs or of sole plaintiff.
72. Decree-holder not to bid for or buy property without permission. 4. Procedure in case of death of one of several defendants or of sole defendant.
Where decree-holder purchases, amount of decree may be taken as payment.
4A. Procedure where there is no legal representative.
72A. Mortgagee not to bid at sale without the leave of the Court.
73. Restriction on bidding or purchase by officers. 5. Determination of question as to legal representative.
Sale of movable property 6. No abatement by reason of death after hearing.
74. Sale of agricultural produce. 7. Suit not abated by marriage of female party.
75. Special provisions relating to growing crops. 8. When plaintiffs insolvency bars suit.
76. Negotiable instruments and shares in corporations. Procedure where assignee fails to continue suit, or give security.
77. Sale by public auction. 9. Effect of abatement or dismissal.
78. Irregularity not to vitiate sale, but any person injured may sue.
10. Procedure in case of assignment before final order in suit.
79. Delivery of movable property, debts and shares.
10A. Duty of pleader to communicate to Court death of a party.
80. Transfer of negotiable instruments and shares.
81. Vesting order in case of other property. 11. Application of Order to appeals.
Sale of immovable property. 12. Application of Order to proceedings.
82. What Courts may order sales. _________
83. Postponement of sale to enable judgment-debtor to raise amount of decree. ORDER XXIII
84. Deposit by purchaser and re-sale on default. Withdrawal and Adjustment of Suits
85. Time for payment in full of purchase-money. 1. Withdrawal of suit or abandonment of part of claim.
86. Procedure in default of payment. 1A.When transposition of defendants as plaintiffs may be permitted.
87. Notification on re-sale. 2. Limitation law not affected by first suit.
88. Bid of co-sharer to have preference. 3. Compromise of suit.
89. Application to set aside sale on deposit.
3A. Bar to suit.
90. Application to set aside sale on ground of irregularity or fraud.
3B. No agreement or compromise to be entered in a representative suit without leave of Court.
91. Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest.
92. Sale when to become absolute or be set aside.
4. Proceedings in execution of decrees not affected.
_________
93. Return of purchaser-money in certain cases.
94. Certificate to purchaser. ORDER XXIV
Payment into Court
95. Delivery of property in occupancy of judgment-debtor.
96. Delivery of property in occupancy of tenant. 1. Deposit by defendant of amount in satisfaction of claim.
Resistance to delivery of possession to decree-holder or purchaser 2. Notice of deposit.
97. Resistance or obstruction to possession of immovable property. 3. Interest on deposit not allowed to plaintiff after notice.
98. Orders after adjudication. 4. Procedure where plaintiff accepts deposit as satisfaction in part.
99. Dispossession by decree-holder or purchaser. Procedure where he accepts it as satisfaction in full.

19 20
 _________
Commissions issued of the instance of Foreign Tribunals
ORDER XXV RULES
Security for Costs 19. Cases in which High Court may issue commission to examine witness.
RULES
20. Application for issue of commission.
1. When security for costs may be required from plaintiff. 21. To whom commission may be issued.
2. Effect of failure to furnish security. 22. Issue, execution and return of commissions, and transmission of evidence to foreign Court.
_________ _______
ORDER XXVII
ORDER XXVI
Commissions Suits by or against the Government or Public Officers in their Official Capacity
Commissions to examine witnesses 1. Suits by or against Government.
1. Cases in which Court may issue commission to examine witness. 2. Persons authorised to act for Government.
2. Order for commission. 3. Plaints in suits by or against Government.
3. Where witness resides within Court’s jurisdiction. 4. Agent for Government to receive process.
4. Persons for whose examination commission may issue. 5. Fixing of day for appearance on behalf of Government.
4A. Commission for examination of any person resident within the local limits of the 5A. Government to be joined as a party in a suit against a public officer.
jurisdiction of the Court. 5B. Duty of Court in suits against the Government or a public officer to assist in arriving at a
5. Commission or request to examine witness not within India. settlement.
6. Court to examine witness pursuant to commission. 6. Attendance of person able to answer questions relating to suit against Government.
7. Return of commission with depositions of witnesses. 7. Extension of time to enable public officer to make reference to Government.
8. When depositions may be read in evidence. 8. Procedure in suits against public officer.
Commissions for local investigations 8A. No security to be required from Government or a public officer in certain cases.
9. Commissions to make local investigations. 8B. Definitions of “Government” and “Government pleader”.
10. Procedure of Commissioner. _______
Report and depositions to be evidence in suit. ORDER XXVII-A
Commissioner may be examined in person. Suits Involving a Substantial Question of Law as to the Interpretation of the Constitution or as to the
Commissions for scientific investigation, performance of ministerial act Validity of any Statutory Instrument
and sale of movable property 1. Notice to the Attorney General or the Advocate-General.
10A. Commission for scientific investigation. 1A. Procedure in suits involving validity of any statutory instrument.
10B. Commission for performance of a ministerial act. 2. Court may add Government as party.
10C. Commission for the sale of movable property. 2A. Power of Court to add Government or other authority as a defendant in a suit relating to
Commissions to examine accounts the validity of any statutory instrument.
11. Commission to examine or adjust accounts. 3. Costs.
12. Court to give Commissioner necessary instructions. 4. Application of Order to appeals.
Proceedings and report to be evidence.
Court may direct further inquiry. _______
Commissions to make partitions. ORDER XXVIII
13. Commission to make partition of immovable property. Suits by or Against Military or Naval men or Airmen
14. Procedure of Commissioner. 1. Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue
or defend for them.
General Provisions
2. Person so authorised may act personally or appoint pleader.
15. Expenses of commission to be paid into Court.
3. Service on person so authorised, or on his pleader, to be good service.
16. Powers of Commissioners.
16A. Questions objected to before the Commissioner. _______
17. Attendance and examination of witnesses before Commissioner.
18. Parties to appear before Commissioner.
18A. Application of order to execution proceedings.
18B. Court to fix a time for return of Commission.

21 22

RULES RULES
ORDER XXIX 16. Savings.
Suits by or Against corporations _______
1. Subscription and verification of pleading. ORDER XXXIIA
2. Service on corporation. Suits Relating to Matters Concerning the Family
3. Power to require personal attendance of officer of corporation. 1. Application of the Order.
2. Proceedings to be held in camera.
_______
3. Duty of Court to make efforts for settlement.
ORDER XXX
4. Assistance of welfare expert.
Suits by or against Firms and Persons carrying on 5. Duty to enquire into facts.
business in names other than their own 6. “Family”—Meaning of.
1. Suing of partners in name of firm. _______
2. Disclosure of partners’ names. ORDER XXXIII
3. Service. Suits by Indigent Persons
4. Rights of suit on death of partner. 1. Suits may be instituted by indigent persons.
5. Notice in what capacity served. 1A. Inquiry into the means of an indigent person.
6. Appearance of partners. 2. Contents of application.
7. No appearance except by partners. 3. Presentation of application.
8. Appearance under protest. 4. Examination of applicant.
9. Suits between co-partners. If presented by agent, Court may order applicant to be examined by commission.
10. Suit against person carrying on business in name other than his own. 5. Rejection of application.
_________ 6. Notice of day for receiving evidence of applicant’s indigency.
ORDER XXXI 7. Procedure at hearing.
Suits by or Against Trustees, Executors and Administrators 8. Procedure if application admitted.
1. Representation of beneficiaries in suits concerning property vested in trustees, etc. 9. Withdrawal of permission to sue as an indigent person.
2. Joinder of trustees, executors and administrators. 9A. Court to assign a pleader to an unrepresented indigent person.
3. Husband of married executrix not to join. 10. Costs where indigent person succeeds.
11. Procedure where indigent person fails.
_______
11A. Procedure where indigent person’s suit abates.
ORDER XXXII
12. State Government may apply for payment of court-fees.
Suits by or Against Minors and Persons of Unsound Mind 13. State Government to be deemed a party.
1. Minor to sue by next friend. 14. Recovery of amount of court-fees.
2. Where suit is instituted without next friend, plaint to be taken off the file. 15. Refusal to allow applicant to sue as an indigent person to bar subsequent application of like
2A. Security to be furnished by next friend when so ordered. nature.
3. Guardian for the suit to be appointed by Court for minor defendant. 15A. Grant of time for payment of court-fee.
3A. Decree against minor not to be set aside unless prejudice has been caused to his interest. 16. Costs.
4. Who may act as next friend or be appointed guardian for the suit. 17. Defence by an indigent person.
5. Representation of minor by next friend or guardian for the suit. 18. Power of Government to provide for free legal services to indigent persons.
6. Receipt by next friend or guardian for the suit of property under decree for minor. _______
7. Agreement or compromise by next friend or guardian for the suit. ORDER XXXIV
8. Retirement of next friend. Suits Relating to Mortgages of Immovable Property
9. Removal of next friend. 1. Parties to suits for foreclosure, sale and redemption.
10. Stay of proceedings on removal, etc., of next friend. 2. Preliminary decree in foreclosure-suit.
11. Retirement, removal or death of guardian for the suit. 3. Final decree in foreclosure-suit.
12. Course to be followed by minor plaintiff or applicant on attaining majority. 4. Preliminary decree in suit for sale.
13. Where minor co-plaintiff attaining majority desires to repudiate suit. Power to decree sale in foreclosure-suit.
14. Unreasonable or improper suit. 5. Final decree in suit for sale.
15. Rules 1 to 14 (except rule 2A) to apply to persons of unsound mind. 6. Recovery of balance due on mortgage in suit for sale.

23 24
RULES RULES
7. Preliminary decree in redemption suit. 3. Procedure on application by surety to be discharged.
8. Final decree in redemption suit. 4. Procedure where defendant fails to furnish security or find fresh security.
8A. Recovery of balance due on mortgage in suit for redemption. Attachment before Judgment
9. Decree where nothing is found due or where mortgagee has been overpaid. 5. Where defendant may be called upon to furnish security for production of property.
10. Costs of mortgagee subsequent to decree. 6. Attachment where cause not shown or security not furnished.
10A. Power of Court to direct mortgagee to pay mesne profits.
7. Mode of making attachment.
11. Payment of interest.
8. Adjudication of claim to property attached before judgment.
12. Sale of property subject to prior mortgage.
9. Removal of attachment when security furnished or suit dismissed.
13. Application of proceeds.
10. Attachment before judgment not to affect rights of strangers, nor bar decree-holder from
14. Suit for sale necessary for bringing mortgaged property to sale.
15. Mortgages by the deposit of title-deeds and charges. applying for sale.
_______ 11. Property attached before judgment not to be re-attached in execution of decree.
ORDER XXXV 11A. Provisions applicable to attachment.
Interpleader 12. Agricultural produce not attachable before judgment.
1. Plaint in interpleader-suit. 13. Small Cause Court not to attach immovable property.
2. Payment of thing claimed into Court. ORDER XXXIX
3. Procedure where defendant is suing plaintiff. Temporary Injunctions and Interlocutory Orders
4. Procedure at first hearing. Temporary injunctions
5. Agents and tenants may not institute interpleader-suits. 1. Cases in which temporary injunction may be granted.
6. Charge for plaintiff's costs. 2. Injunction to restrain repetition or continuance of breach.
_______ 2A. Consequence of disobedience or breach of injunction.
ORDER XXXVI 3. Before granting injunction, Court to direct notice to opposite party.
Special Case 3A. Court to dispose of application for injunction within thirty days.
1. Power to state case for Court’s opinion. 4. Order for injunction may be discharged, varied or set aside.
2. Where value of subject-matter must be stated. 5. Injunction to corporation binding on its officers.
3. Agreement to be filed and registered as suit. Interlocutory orders
4. Parties to be subject to Court's jurisdiction. 6. Power to order interim sale.
5. Hearing and disposal of case. 7. Detention, preservation, inspection, etc., of subject-matter of suit.
6. No appeal from a decree passed under rule 5. 8. Application for such orders to be after notice.
_______ 9. When party may be put in immediate possession of land the subject-matter of suit.
ORDER XXXVII 10. Deposit of money, etc., in Court.
Summary Procedure _______
1. Courts and classes of suits to which the Order is to apply. ORDER XL
2. Institution of summary suits. Appointment of Receivers
3. Procedure for the appearance of defendant. 1. Appointment of receivers.
4. Power to set aside decree. 2. Remuneration.
5. Power to order bill, etc., to be deposited with officer of Court. 3. Duties.
6. Recovery of cost of noting non-acceptance of dishonoured bill or note. 4. Enforcement of receiver’s duties.
7. Procedure in suits. 5. When Collector may be appointed receiver.
_______ _______
ORDER XXXVIII ORDER XLI
Arrest and Attachment before Judgment Appeals from Original Decrees
Arrest before Judgment 1. Form of appeal.
1. Where defendant may be called upon to furnish security for appearance. What to accompany memorandum.
2. Security. Contents of memorandum.

25 26

RULES RULES
2. Grounds which may be taken in appeal. 26A. Order of remand to mention date of next hearing
3. Rejection or amendment of memorandum. 27. Production of additional evidence in Appellate Court.
3A. Application for condonation of delay. 28. Mode of taking additional evidence.
4. One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds 29. Points to be defined and recorded.
on ground common to all. Judgment in appeal
Stay of proceedings and of execution 30. Judgment when and where pronounced.
5. Stay by Appellate Court. 31. Contents, date and signature of judgment.
Stay by Court which passed the decree. 32. What judgment may direct.
6. Security in case of order for execution of decree appealed from. 33. Power of Court of appeal.
7. [Repealed.]. 34. Dissent to be recorded.
Decree in appeal
8. Exercise of powers in appeal from order made in execution of decree.
35. Date and contents of decree.
Procedure on admission of appeal
Judge dissenting from judgment need not sign decree.
9. Registry of memorandum of appeal. 36. Copies of judgment and decree to be furnished to parties.
10. Appellate Court may require appellant to furnish security for costs. 37. Certified copy of decree to be sent to Court whose decree appealed from.
Where appellant resides out of India. _______
11. Power to dismiss appeal without sending notice to Lower Court. ORDER XLII
11A. Time within which hearing under rule 11 should be concluded. Appeals from Appellate Decrees
12. Day for hearing appeal. 1. Procedure.
2. Power of Court to direct that the appeal be heard on the question formulated by it.
13. [Omitted.].
3. Application of rule 14 of Order XLL.
14. Publication and service of notice of day for hearing appeal. _______
Appellate Court may itself cause notice to be served.
ORDER XLIII
15. [Omitted.].
Appeals from Orders
Procedure on hearing
1. Appeals from orders.
16. Right to begin. 1A. Right to challenge non-appealable orders in appeal against decrees.
17. Dismissal of appeal for appellant's default. 2. Procedure.
Hearing appeal ex parte. _______
18. [Omitted.]. ORDER XLIV
19. Re-admission of appeal dismissed for default. Appeals by Indigent Persons
20. Power to adjourn hearing and direct persons appearing interested to be made respondents. 1. Who may appeal as an indigent person.
2. Grant of time for payment of Court-fee.
21. Re-hearing on application of respondent against whom ex parte decree made.
3. Inquiry as to whether applicant is an indigent person.
22. Upon hearing respondent may object to decree as if he had preferred a separate appeal. _______
Form of objection and provisions applicable thereto. ORDER XLV
23. Remand of case by Appellate Court. Appeals to the Supreme Court
23A. Remand in other cases. 1. “Decree” defined.
2. Application to Court whose decree complained of.
24. Where evidence on record sufficient, Appellate Court may determine case finally.
3. Certificate as to value or fitness.
25. Where Appellate Court may frame issues and refer them for trial to Court whose decree
4. [Repealed.].
appealed from. 5. [Repealed.].
26. Findings and evidence to be put on record. 6. Effect of refusal of certificate.
Objections to findings. 7. Security and deposit required on grant of certificate.
Determination of appeal. 8. Admission of appeal and procedure thereon.

27 28
RULES RULES
9. Revocation of acceptance of security. 2. Saving in respect of Chartered High Courts.
9A. Power to dispense with notices in case of deceased parties. 3. Application of rules.
10. Power to order further security or payment. _______
11. Effect of failure to comply with order. ORDER L
12. Refund of balance deposit. Provincial Small Cause Courts
13. Powers of Court pending appeal. 1. Provincial Small Cause Courts.
14. Increase of security found inadequate. _______
15. Procedure to enforce orders of the Supreme Court. ORDER LI
16. Appeal from order relating to execution. Presidency Small Cause Courts
17. [Repealed.]. 1. Presidency Small Cause Courts.
ORDER XLVI
Reference APPENDIX — A. PLEADINGS.
1. Reference of question to High Court. APPENDIX — B. PROCESS.
2. Court may pass decree contingent upon decision of High Court.
APPENDIX— C. DISCOVERY, INSPECTION AND ADMISSION.
3. Judgment of High Court to be transmitted, and case disposed of accordingly.
4. Costs of reference to High Court. APPENDIX — F. DECREES.
4A. Reference to High Court under proviso to section 113. APPENDIX — G. EXECUTION.
5. Power to alter, etc., decree of Court making reference. APPENDIX — H. SUPPLEMENTAL PROCEEDINGS.
6. Power to refer to High Court questions as to jurisdiction in small causes. APPENDIX— I. MISCELLANEOUS.
7. Power to District Court to submit for revision proceeding had under mistake as to jurisdiction in
THE SECOND SCHEDULE. — [Repealed].
small causes.
THE THIRD SCHEDULE. —[Repealed].
_______ THE FOURTH SCHEDULE. — [Repealed].
ORDER XLVII THE FIFTH SCHEDULE. — [Repealed].
Review ANNEXURE I
1. Application for review of judgment.
2. [Repealed.].
3. Form of applications for review.
4. Application where rejected.
Application where granted.
5. Application for review in Court consisting of two or more Judges.
6. Application where rejected.
7. Order of rejection not appealable.
Objections to order granting application.
8. Registry of application granted, and order for re-hearings.
9. Bar of certain applications.
_______
ORDER XLVIII
Miscellaneous
1. Process to be served at expense of party issuing.
Costs of service.
2. Orders and notices how served.
3. Use of forms in appendices.
_______
ORDER XLIX
Chartered High Courts
1. Who may serve processes of High Court.

29 30

1
THE CODE OF CIVIL PROCEDURE, 1908 [(3) It extends to the whole of India except—
2
1 * * * * *
ACT NO. 5 OF 1908
(b) the State of Nagaland and the tribal areas:
[21st March, 1908.]
Provided that the State Government concerned may, by notification in the Official Gazette, extend the
An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil provisions of this Code or any of them to the whole or part of the State of Nagaland or such tribal areas,
Judicature. as the case may be, with such supplemental, incidental or consequential modifications as may be specified
in the notification.
WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts Explanation. — In this clause, “tribal areas” means the territories which, immediately before the
of Civil Judicature: It is hereby enacted as follows : 21st day of January, 1972, were included in the tribal areas of Assam as referred to in paragraph 20 of the
PRELIMINARY Sixth Schedule to the Constitution.
1. Short title, commencement and extent.—(1) This Act may be cited as the Code of Civil (4) In relation to the Amindivi Islands, and the East Godavari, West Godavari and Visakhapatnam
Procedure, 1908. Agencies in the State of Andhra Pradesh and the Union Territory of Lakshadweep, the application of this
Code shall be without prejudice to the application of any rule or regulation for the time being in force in such
(2) It shall come into force on the first day of January, 1909. Islands, Agencies or such Union Territory, as the case may be, relating to the application of this Code.]
2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—
(1) “Code” includes rules;
(2) “decree” means the formal expression of an adjudication which, so far as regards the Court
expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in
controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection
1. This Act has been amended in its application to Assam by Assam Acts 2 of 1941 and 3 of 1953; to Tamil Nadu by
of a plaint and the determination of any question within 3*** section 144, but shall not include—
Madras Act 34 of 1950, Madras A.O. 1950, and Tamil Nadu Act 15 of 1970; to Punjab by Punjab Act 7 of 1934; to Uttar (a) any adjudication from which an appeal lies as an appeal from an order, or
Pradesh by U.P. Acts 4 of 1925, 35 of 1948, 24 of 1954, 17 of 1970, 57 of 1976 and 31 of 1978; to Karnataka by Mysore
Act 14 of 1955; to Kerala by Kerala Act 13 of 1957; to Rajasthan by Rajasthan Act 19 of 1958; to Maharashtra by (b) any order of dismissal for default.
Maharashtra Act 22 of 1960 and 25 of 1970; It has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and, by
notification under ss. 5 and 5A of the Schedule Districts Act, 1874 (14 of 1874), also to the following Scheduled Explanation.—A decree is preliminary when further proceedings have to be taken before the suit
Districts:— can be completely disposed of. It is final when such adjudication completely disposes of the suit.
(1) The district of Jalpaiguri, Cachar (excluding the North Cachar Hills, Goalpara (including the Eastern Duars), It may be partly preliminary and partly final;
Kamrup, Darrang, Nowgong (excluding the Mikir Hill Tracts) Sibsagar (excludi ng the Mikir Hill Tracts) and
Lakhimpur (excluding the Dibrugarh Frontier Tracts): Gazette of India, 1909, Pt. 1. p. 5 and ibid, 1914, Pt. I, (3) “decree-holder” means any person in whose favour a decree has been passed or an order
p. 1690. capable of execution has been made;
(2) The District of Darjeeling and the District of Hazaribagh, Ranchi, Palamau and Manbhum in Chota Nagpur:
Calcutta Gazette, 1909, Pt. I, p. 25 and Gazette of India, 1909, Pt. I, p. 33. (4) “district” means the local limits of the jurisdiction of a principal Civil Court of original
(3) The Province of Kumaon and Garhwal and the Tarai Parganas (with modifications): U.P. Gazette, 1909, Pt. I, p. 3 jurisdiction (hereinafter called a “District Court”), and includes the local limits of the ordinary
and Gazette of India, 1909, Pt. I, p. 31. original civil jurisdiction of a High Court;
(4) The Pargana of Jaunsar-Bawar in Dehradun and the Scheduled portion of the Mirzapur District : U.P. Gazette,
1909, Pt. I, p. 4 and Gazette of India, 1909, Pt. I, p. 32.
4
[(5) “foreign Court” means a Court situate outside India and not established or continued by the
(5) Coorg: Gazette of India, 1909, Pt. I, p. 32. authority of the Central Government;]
(6) Scheduled Districts in the Punjab: Gazette o f India, 1909, Pt. I, p. 33.
(7) Sections 36 to 43 to all the Scheduled Districts in Madras, Gazette of India, 1909, Pt. I. , p. 152. (6) “foreign judgment” means the judgment of a foreign Court;
(8) Scheduled Districts in the C.P., except so much as is already in force and so much as authorizes the (7) “Government Pleader” includes any officer appointed by the State Government to perform all
attachment and sale of immovable property in execution of a decree, not being a decree directing the sale of such
property: Gazette of India, 1909, Pt. I, p. 239.
or any of the functions expressly imposed by this Code on the Government Pleader and also any
(9) Ajmer-Merwara except ss. 1 and 155 to 158: Gazette of India, 1909, Pt. II, p. 480. pleader acting under the directions of the Government Pleader;
(10) Pargana Dhalbhum, the Municipality of Chaibassa in the Kolhan and the Porahat Estate in the 5
[(7A) “High Court” in relation to the Andaman and Nicobar Islands, means the High Court in
District of Singhbhum: Calcutta, Gazette of India, 1909, Pt. I, p. 453 and Gazette of India, 1909 , Pt. I, p. 443.
Under s. 3(3)(a) of the Sonthal Parganas Settlement Regulation (3 of 1872), ss. 38 to 42 and 156 and rules
Calcutta;
4 to 9 in Order XXI in the First Schedule have been declared to be in force in the Sonthal Parganas and the (7B) “India”, except in sections 1, 29, 43, 44, 6[44A,] 78, 79, 82, 83 and 87A, means the territory
rest of the Code for the trial of suits referred to in s. 10 of the Sonthal Parganas Justice Regulation,
of India excluding the State of Jammu and Kashmir;]
1893 (5 of 1893): see Calcutta, Gazette, 1909, Pt. I, p. 45.
It has been declared to be in force in Panth Piploda by the Panth Piploda Laws Regulation , (8) “Judge” means the presiding officer of a Civil Court;
1929 (1 of 1929), s. 2; in the Khondmals District by the Khondmals Laws Regulatio n, 1936 (4 of 1936), s. 3
and Sch. and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and Sch.
It has been extended to the District of Koraput and Ganjam Agency by Orissa Regulation (5 of 1951) , s.2.
It has been extended to the State of Manipur (w.e.f. 1-1-1957) by Act 30 of 1950, s. 3 to the whole of the 1. Subs. by Act 104 of 1976, s. 2, for su b-section (3) (w.e.f. 1-2-1977).
Union Territory of Lakshadweep (w.e.f. 1-10-1967) by Regulation 8 of 1965, s. 3 and Sch.: to Goa, Daman and 2. Clause (a) omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019).
Diu (w.e.f. 15-6-1966) by Act 30 of 1965, s. 3; to Dadra and Nagar Ha veli (w.e.f. 1-7-1965) by Reg. 6 of 3. The words and figures “section 47 or” omitted by s. 3, ibid. (w.e.f. 1-2-1977).
1963, s. 2 and Sch. 1 and to the State of Sikkim (w.e.f. 1 -9-1984), vide Notification No. S.O. 599 (E), 4. Subs. by Act 2 of 1951, s. 4, for clause 5 (w.e.f. 1-4-1951).
dated 13-8-1984, Gazette of India, Extraordinary., Part. II, s. 3. 5. Ins. by s. 4, ibid. (w.e.f. 1-4-1951).
6. Ins. by Act 42 of 1953, s. 4 and the Third Schedule (w.e.f. 23-12-1953).

31 32
 (9) “judgment” means the statement given by the Judge of the grounds of a decree or order;
(10) “judgment-debtor” means any person against whom a decree has been passed or an order 1
* * * * *
capable of execution has been made; 3. Subordination of Courts.—For the purposes of this Code, the District Court is subordinate to the
(11) “legal representative” means a person who in law represents the estate of a deceased person, High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of Small
and includes any person who intermeddles with the estate of the deceased and where a party sues or is Causes is subordinate to the High Court and District Court.
sued in a representative character the person on whom the estate devolves on the death of the party so
4. Savings.—(1) In the absence of any specific provision to the contrary, nothing in this Code shall be
suing or sued;
deemed to limit or otherwise affect any special or local law now in force or any special jurisdiction or
(12) “mesne profits” of property means those profits which the person in wrongful possession of power conferred, or any special form of procedure prescribed, by or under any other law for the time
such property actually received or might with ordinary diligence have received therefrom, together being in force.
with interest on such profits, but shall not include profits due to improvements made by the person in
(2) In particular and without prejudice to the generality of the proposition contained in sub-section (1),
wrongful possession;
nothing in this Code shall be deemed to limit or otherwise affect any remedy which a landholder or
(13) “movable property” includes growing crops; landlord may have under any law for the time being in force for the recovery of rent of agricultural land
from the produce of such land.
(14) “order” means the formal expression of any decision of a Civil Court which is not a decree;
5. Application of the Code to Revenue Courts.—(1) Where any Revenue Courts are governed by
(15) “pleader” means any person entitled to appear and plead for another in Court, and includes an the provisions of this Code in those matters of procedure upon which any special enactment applicable to
advocate, a vakil and an attorney of a High Court; them is silent, the State Government 2*** may, by notification in the Official Gazette, declare that any
(16) “prescribed” means prescribed by rules; portions of those provisions which are not expressly made applicable by this Code shall not apply to those
Courts, or shall only apply to them with such modifications as the State Government 3*** may prescribe.
(17) “public officer” means a person falling under any of the following descriptions, namely :—
(2) “Revenue Court” in sub-section (1) means a Court having jurisdiction under any local law to
(a) every Judge; entertain suits or other proceedings relating to the rent, revenue or profits of land used for
(b) every member of 1[an All-India Service]; agricultural purposes, but does not include a Civil Court having original jurisdiction under this Code
to try such suits or proceedings as being suits or proceedings of a civil nature.
(c) every commissioned or gazetted officer in the military 2[naval or air] forces of. 3[the Union]
4
*** while serving under the Government; 6. Pecuniary jurisdiction.—Save in so far as is otherwise expressly provided, nothing herein
contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter
(d) Every officer of a court of Justice whose duty it is, as such officer, to investigate or report on of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction.
any matter of law or fact, or to make, authenticate or keep any document, or to take charge or
dispose of any property, or to execute any judicial process, or to administer any oath, or to 7. Provincial Small Cause Courts.—The following provisions shall not extend to Courts
interpret, or to preserve order, in the Court, and every person especially authorised by a court of constituted under the Provincial Small Cause Courts Act, 1887(9 of 1887) 4[or under the Berar Small
Justice to perform any of such duties; Cause Courts Law, 1905], or to Courts exercising the jurisdiction of a Court of Small Causes 5[under the
said Act or Law], 6[or to Courts in 7[any part of India to which the said Act does not extend] exercising a
(e) every person who holds any office by virtue of which he is empowered to place or keep any corresponding jurisdiction that is to say,—
person in confinement;
(a) so much of the body of the Code as relates to—
(f) every officer of the Government whose duty it is, as such officer, to prevent offences, to give
information of offences, to bring offenders to justice, or to protect the public health, safety or (i) suits excepted from the cognizance of a Court of Small Causes;
convenience; (ii) the execution of decrees in such suits;
(g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property (iii) the execution of decrees against immovable property; and
on behalf of the Government, or to make any survey, assessment or contract on behalf of the
Government, or to execute any revenue process, or to investigate, or to report on, any matter (b) the following sections, that is to say,—
affecting the pecuniary interests of the Government, or to make, authenticate or keep any document section 9,
relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the
protection of the pecuniary interests of the Government; and sections 91 and 92,
sections 94 and 95 8[so far as they authorize or relate to]—
(h) every officer in the service or pay of the Government, or remunerated by fees or commission
for the performance of any public duty; (i) orders for the attachment of immovable property,
(18) “rules” means rules and forms contained in the First Schedule or made under section 122 or (ii) injunctions,
section 125;
(19) “share in a corporation” shall be deemed to include stock, debenture stock, debentures or
bonds; and
1. Clause (21) omitted by Act 2 of 1951, s. 4, Earlier Clause (21) ins. by the A.O. 1950.
(20) “signed”, save in the case of a judgment or decree, includes stamped. 2. The words “with the previous sanction of the G.G. in C”, omitted by Act 38 of 1920, s. 2 and the First Schedule Pt. I.
3. The words “with the sanction aforesaid” omitted by s. 2 and the First Schedule Pt. I, ibid.
4. Ins. by Act 4 of 1941, s. 2 and the Third Schedule.
1. Subs. by Act 104 of 1976, s. 3, for “the Indian Civil Service” (w.e.f. 1-2-1977). 5. Subs. by s. 2 and the Third Schedule., ibid., for “under that Act”.
2. Subs. by Act 35 of 1934, s. 2 and the Schedule, for “or naval”. 6. Ins. by Act 2 of 1951, s. 5.
3. Subs. by the A.O. 1950, for “his Majesty”. 7. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.
4. The words “including His Majesty’s Indian Marine Service” omitted by Act 35 of 1934, s. 2 and the Schedule. 8. Subs. by Act 1 of 1926, s. 3, for “so far as they relate to injunctions and interlocutory orders” .

33 34

(iii) the appointment of a receiver of immovable property, or Provided that, where a decree in such suit is appealed from any error, defect or irregularity in the order
(iv) the interlocutory orders to in clause (e) of section 94], and sections 96 to 112 and 115. upholding jurisdiction shall be treated as one of the ground of objection in the memorandum of appeal as
if it had been included in such memorandum;
8. Presidency Small Cause Courts.—Save as provided in sections 24, 38 to 41, 75, clauses (a), (b)
and (c), 76, 1[77, 157 and 158], and by the Presidency Small Cause Courts Act, 1882 (15 of 1882), the
(3) in all cases, where a preliminary issue framed under section 9A has been decided, holding that the
provisions in the body of this Code shall not extend to any suit or proceeding in any Court of Small
Causes established in the towns of Calcutta, Madras and Bombay: Court has no jurisdiction to entertain the suit, and a challenge to such decision is pending before an
appellate or revisional Court, on the date of commencement of the Amendment Act, such appellate or
2
[Provided that— revisional proceedings shall continue as if the Amendment Act has not been enacted and section 9A has
(1) the High Courts of Judicature at Fort William, Madras and Bombay, as the case may be, may not been deleted :
from time to time, by notification in the Official Gazette, direct3 that any such provisions not
inconsistent with the express provisions of the Presidency Small Cause Courts Act, 1882 (15 of 1882), Provided that, in case the appellate or revisional Court, while partly allowing such appeal or revision,
and with such modifications and adaptations as may be specified in the notification, shall extend to suits remands the matter to the trial Court for reconsideration of the preliminary issue so framed under
or proceedings or any class of suits or proceedings in such Court; section 9A, upon receipt of these proceedings by the trial Court, all the provisions of the principal Act
(2) all rules heretofore made by any of the said High Courts under section 9 of the Presidency shall apply ;
Small Cause Courts Act, 1882 (15 of 1882) shall be deemed to have been validly made.]
(4) in all cases, where an order granting an ad-interim relief has been passed under sub-section (2) of
PART I
section 9A prior to its deletion, such order shall be deemed to be an ad-interim order made under Order
SUITS IN GENERAL XXXIX of the principal Act and the Court shall, at the time of deciding the application in which such an
JURISDICTION OF THE COURTS AND Res Judicata order is made, either confirm or vacate or modify such order.

9. Courts to try all civil suits unless barred.—The Courts shall (subject to the provisions herein [Vide Maharashtra Act 61 of 2018, sec. 3.]
contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is
either expressly or impliedly barred. Maharashtra.—
4
[Explanation I].—A suit in which the right to property or to an office is contested is a suit of a civil
nature, notwithstanding that such right may depend entirely on the decision of questions as to religious In section 3 of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018, for clause (1), the
rites or ceremonies. following clause shall be substituted and shall be deemed to have been substituted with effect from 27th
5
[Explanation II].—For the purposes of this section, it is immaterial whether or not any fees are attached June 2018, being the date of commencement of the said Act, namely:—
to the office referred to in Explanation I or whether or not such office is attached to a particular place.]
“(1) where consideration of a preliminary issue framed under section 9A is pending on the date of
STATE AMENDMENTS
commencement of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (hereinafter, in this
Maharashtra.— section, referred to as “the Amendment Act”), the said issue shall be decided and disposed of by the Court
under section 9A, as if the said section 9A has not been deleted;”.
Section 9A of the Code of Civil Procedure, 1908, in its application to the State of Maharashtra
(hereinafter referred to as “the principal Act”), shall be deleted.
[Vide Maharashtra Act 72 of 2018, s. 2 (w.e.f. 27-6-2018.)]
[Vide Maharashtra Act 61 of 2018, sec. 2.]
Notwithstanding the deletion of section 9A of the principal Act,— 10. Stay of suit.—No Court shall proceed with the trial of any suit in which the matter in issue is also
directly and substantially in issue in a previously instituted suit between the same parties, or between
(1) where consideration of a preliminary issue framed under section 9A is pending on the date of parties under whom they or any of them claim litigating under the same title where such suit is pending in
commencement of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (hereinafter, in this the same or any other Court in 1[India] have jurisdiction to grant the relief claimed, or in any Court
section, referred to as “the Amendment Act”), the said issue shall be deemed to be an issue framed under beyond the limits of 1[India] established or continued by 2[the Central Government 3***.] and having like
Order XIV of the principal Act and shall be decided by the Court, as it deems fit, along with all other jurisdiction, or before 4[the Supreme Court].
issues, at the time of final disposal of the suit itself :
Explanation.—The pendency of a suit in a foreign Court does not preclude the Courts in 1[India] from
Provided that, the evidence, if any, led by any party or parties to the suit, on the preliminary issue so trying a suit founded on the same cause of action.
framed under section 9A, shall be considered by the Court along with evidence, if any, led on other issues
in the suit, at the time of final disposal of the suit itself ; 11. Res judicata.—No Court shall try any suit or issue in which the matter directly and substantially
in issue has been directly and substantially in issue in a former suit between the same parties, or between
(2) in all the cases, where a preliminary issue framed under section 9A has been decided, holding that
parties under whom they or any of them claim, litigating under the same title, in a Court competent to try
the Court has jurisdiction to entertain the suit, and a challenge to such decision is pending before a such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and
revisional Court, on the date of commencement of the Amendment Act, such revisional proceedings shall finally decided by such Court.
stand abated :

1. Subs. by Act 104 of 1976, s. 4, for “77 and 155 to 158” (w.e.f. 1-2-1977).
2. Added by Act 1 of 1914, s. 2. 1. Subs. by Act 2 of 1951, s. 3, for “the States”.
3. For instance of such direction, see Calcutta Gazette, 1910, Pt. I, p. 814. 2. Subs. by the A.O. 1937, for “the G.G. in C.”
4. Explanation renumbered as Explanation I thereof by Act 104 of 1976, s. 5 (w.e.f. 1-2-1977). 3. The words “or the Crown Representative” omitted by the A.O. 1948.
5. Ins. by s. 5, ibid. (w.e.f. 1-2-1977). 4. Subs. by the A.O. 1950, for “His Majesty in Council”.

35 36
 Explanation I.—The expression “former suit” shall denote a suit which has been decided prior to a suit (c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable
in question whether or not it was instituted prior thereto. property,
Explanation II.—For the purposes of this section, the competence of a Court shall be determined (d) or the determination of any other right to or interest in immovable property,
irrespective of any provisions as to a right of appeal from the decision of such Court. (e) for compensation for wrong to immovable property,
Explanation III.—The matter above referred to must in the former suit have been alleged by one party (f) for the recovery of movable property actually under distraint or attachment,
and either denied or admitted, expressly or impliedly, by the other.
shall be instituted in the Court within the local limits of whose jurisdiction the property is situate:
Explanation IV.—Any matter which might and ought to have been made ground of defence or attack
in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit. Provided that a suit to obtain relief respecting, or compensation for wrong to, immovable property
held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his
Explanation V.—Any relief claimed in the plaint, which is not expressly granted by the decree, shall personal obedience, be instituted either in the Court within the local limits of whose jurisdiction the
for the purposes of this section, be deemed to have been refused. property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and
Explanation VI.—Where persons litigate bona fide in respect of a public right or of a private right voluntarily resides, or carries on business, or personally works for gain.
claimed in common for themselves and others, all persons interested in such right shall, for the purposes Explanation.—In this section “property” means property situate in 1[India].
of this section, be deemed to claim under the persons so litigating .
17. Suits for immovable property situate within jurisdiction of different Courts.—Where a suit is to
1
[Explanation VII.—The provisions of this section shall apply to a proceeding for the execution of a decree obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of
and references in this section to any suit, issue or former suit shall be construed as references, respectively, to a different Courts, the suit may be instituted in any Court within the local limits of whose jurisdiction any
proceeding for the execution of the decree, question arising in such proceeding and a former proceeding for the portion of the property is situate :
execution of that decree.
Provided that, in respect of the value of the subject-matter of the suit, the entire claim is cognizable
Explanation VIII. —An issue heard and finally decided by a Court of limited jurisdiction, competent to by such Court.
decide such issue, shall operate as res judicata in a subsequent suit, notwithstanding that such Court of 18. Place of Institution of suit where local limits of jurisdiction of Courts are
limited jurisdiction was not competent to try such subsequent suit or the suit in which such issue has been uncertain.— (1) Where it is alleged to be uncertain within the local limits of the jurisdiction of which of
subsequently raised.] two or more Courts, any immovable property is situate, any one of those Courts may, if satisfied that
12. Bar to further suit. —Where a plaintiff is precluded by rules from instituting a further suit in there is ground for the alleged uncertainty, record a statement to that effect and thereupon proceed to
respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such cause entertain and dispose of any suit relating to that property, and its decree in the suit shall have the same
of action in any Court to which this Code applies. effect as if the property were situate within the local limits of its jurisdiction:
13. When foreign judgment not conclusive.—A foreign judgment shall be conclusive as to any Provided that the suit is one with respect to which the Court is competent as regards the nature and
matter thereby directly adjudicated upon between the same parties or between parties under whom they or value of the suit to exercise jurisdiction.
any of them claim litigating under the same title except— (2) Where a statement has not been recorded under sub-section (1), and an objection is taken before
(a) where it has not been pronounced by a Court of competent jurisdiction; an Appellate or Revisional Court that a decree or order in a suit relating to such property was made by a
Court not having jurisdiction where the property is situate, the Appellate or Revisional Court shall not
(b) where it has not been given on the merits of the case; allow the objection unless in its opinion there was, at the time of the institution of the suit, no reasonable
(c) where it appears on the face of the proceedings to be founded on an incorrect view of ground for uncertainty as to the court having jurisdiction with respect thereto and there has been a
international law or a refusal to recognise the law of 2[India] in cases in which such law is applicable; consequent failure of justice.
(d) where the proceedings in which the judgment was obtained are opposed to natural justice; 19. Suits for compensation for wrongs to person or movables.—Where a suit is for compensation for
wrong done to the person or to movable property, if the wrong was done within the local limits of the
(e) where it has been obtained by fraud; jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within
(f) where it sustains a claim founded on a breach of any law in force in 2[India]. the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in
either of the said Courts.
14. Presumption as to foreign judgments.—The Court shall presume upon the production of any
document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by Illustrations
a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be
displaced by proving want of jurisdiction. (a) A, residing in Delhi, beats B in Calcutta. B may sue A either in Calcutta or in Delhi.
PLACE OF SUING (b) A, residing in Delhi, publishes in Calcutta statements defamatory of B. B may sue A either in Calcutta or in
Delhi.
15. Court in which suits to be instituted.—Every suit shall be instituted in the Court of the lowest 20. Other suits to be instituted where defendants reside or cause of action arises.—Subject to
grade competent to try it. the limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose
16. Suits to be instituted where subject-matter situate.—Subject to the pecuniary or other jurisdiction—
limitations prescribed by any law, suits— (a) the defendant, or each of the defendants where there are more than one, at the time of the
commencement of the suit, actually and voluntarily resides, or carries on business, or personally
(a) for the recovery of immovable property with or without rent or profits, works for gain; or
(b) for the partition of immovable property, (b) any of the defendants, where there are more than one, at the time of the commencement of the
suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided
1. Ins. by Act 104 of 1976, s. 6 (w.e.f. 1-2-1977).
2. Subs. by Act 2 of 1951, s. 3, for “the States” (w.e.f. 1-4-1951). 1. Subs. by Act 2 of 1951, s. 3, for “the States” (w.e.f. 1-4-1951).

37 38

that in such case either the leave of the Court is given, or the defendants who do not reside, or carry 23. To what Court application lies.—(I) Where the several Courts having jurisdiction are subordinate to
on business, or personally works for gain, as aforesaid, acquiesce in such institution; or the same Appellate Court, an application under section 22 shall be made to the Appellate Court.
(c) The cause of action, wholly or in part, arises. (2) Where such Courts are subordinate to different Appellate Courts but to the same High Court, the
application shall be made to the said High Court.
1
* * * * *
(3) Where such Courts are subordinate to different High Courts, the application shall be made to the
2 High Court within the local limits of whose jurisdiction the Court in which the suit is brought is situate.
[Explanation].—A corporation shall be deemed to carry on business at its sole or principal office
in 3[India] or, in respect of any cause of action arising at any place where it has also a subordinate 24. General power of transfer and withdrawal.—(1) On the application of any of the parties and
office, at such place. after notice to the parties and after hearing such of them as desired to be heard, or of its own motion
Illustrations without such notice, the High Court or the District Court may at any stage—
(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any
(a) A is a tradesman in Calcutta, B carries on business in Delhi. B, by his agent in Calcutta, buys goods of A and
Court subordinate to it and competent to try or dispose of the same, or
requests A to deliver them to the East Indian Railway Company. A delivers the goods accordingly in Calcutta. A
may sue B for the price of the goods either in Calcutta, where the cause of action has arisen, or in Delhi, where B (b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and—
carries on business.
(i) try or dispose of the same; or
(b) A resides at Simla, B at Calcutta and C at Delhi. A, B and C being together at Benaras, B and C make a joint (ii) transfer the same for trial or disposal to any Court subordinate to it and competent to
promissory note payable on demand, and deliver it to A. A may sue B and C at Benaras, where the cause of action try or dispose of the same; or
arose. He may also sue them at Calcutta, where B resides, or at Delhi, where C resides but in each of these cases, if
the non-resident defendant objects, the suit cannot proceed without the leave of the Court. (iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.
21. Objections to jurisdiction. —4[(1)] No objection as to the place of suing shall be allowed by any (2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court
Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest which 1[is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the
possible opportunity and in all cases where issues are settled at or before such settlement, and unless there case of an order of transfer, either retry it or proceed from the point at which it was transferred or
has been a consequent failure of justice. withdrawn.
2
5 [(3) For the purposes of this section,—
[(2) No objection as to the competence of a Court with reference to the pecuniary limits of its
jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the (a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the
Court of first instance at the earliest possible opportunity, and, in all cases where issues are settled, at or District Court;
before such settlement, and unless there has been a consequent failure of justice.
(b) “proceeding” includes a proceeding for the execution of a decree or order.]
(3) No objection as to the competence of the executing Court with reference to the local limits of its (4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes
jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the
shall, for the purposes of such suit, be deemed to be a Court of Small Causes.
executing Court at the earliest possible opportunity, and unless there has been a consequent failure of
3
justice.] [(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction
6
to try it.]
[21A. Bar on suit to set aside decree on objection as to place of suing.— No suit shall lie 4
challenging the validity of a decree passed in a former suit between the same parties, or between the [25. Power of Supreme Court to transfer suits, etc.—(1) On the application of a party, and after notice
parties under whom they or any of them claim, litigating under the same title, on any ground based on an to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if
objection as to the place of suing. satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other
proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil
Explanation.—The expression “former suit” means a suit which has been decided prior to the decision Court in any other State.
in the suit in which the validity of the decree is questioned, whether or not the previously decided suit was
instituted prior to the suit in which the validity of such decree is questioned.] (2) Every application under this section shall be made by a motion which shall be supported by an
affidavit.
22. Power to transfer suits which may be instituted in more than one Court.—Where a suit may (3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special
be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it.
notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are
settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to (4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the
which such application is made, after considering the objections of the other parties (if any), shall application was frivolous or vexatious, order the applicant to pay by way of compensation to any person
determine in which of the several Courts having jurisdiction the suit shall proceed. who has opposed the application such sum, not exceeding two thousand rupees, as it considers
appropriate in the circumstances of the case.
(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be
the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to
have applied to such suit, appeal or proceeding.]
1. Explanation 1 omitted by Act 104 of 1976, s. 7 (w.e.f. 1-2-1977).
2. Subs. by s. 7, ibid., for “Explanation II” (w.e.f. 1-2-1977).
3. Subs. by Act 2 of 1951, s. 3, for “the States” (w.e.f. 1-4-1951). 1. Subs. by Act 104 of 1976, s. 10, for “thereafter tries such suit” (w.e.f. 1-2-1977).
4. S. 21 renumbered as sub-section (1) by Act 104 of 1976, s. 8 (w.e.f. 1-2-1977). 2. Subs. by s. 10, ibid., for sub-section (3) (w.e.f. 1-2-1977).
5. Ins. by s. 8, ibid. (w.e.f. 1-2-1977). 3. Ins. by s. 10, ibid. (w.e.f. 1-2-1977).
6. Ins. by s. 9, ibid. (w.e.f. 1-2-1977). 4. Subs. by s. 11, ibid., for s. 25 (w.e.f. 1-2-1977).

39 40
 INSTITUTION OF SUITS
(c) impose a fine upon him 1[not exceeding five thousand rupees];
26. Institution of suits. — 1[(1)] Every suit shall be instituted by the presentation of a plaint or in such
other manner as may be prescribed. (d) order him to furnish security for his appearance and in default commit him to the civil prison.
2
[(2) In every plaint, facts shall be proved by affidavit.] JUDGMENT AND DECREE
*[Provided that such an affidavit shall be in the form and manner as prescribed under Order VI of
Rule 15A.] 33. Judgment and decree.—The Court, after the case has been heard, shall pronounce judgment, and on
such judgment a decree shall follow.
SUMMONS AND DISCOVERY
27. Summons to defendants.—Where a suit has been duly instituted, a summons may be issued to the INTEREST
defendant to appear and answer the claim and may be served in manner prescribed 3[on such day not
beyond thirty days from date of the institution of the suit.] 34. Interest.— (1) Where and in so far as a decree is for the payment of money, the Court may, in the decree,
order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of
28. Service of summons where defendant resides in another State.—(1) A summons may be sent for the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to
service in another State to such Court and in such manner as may be prescribed by rules in force in that State. the institution of the suit, 2[with further interest at such rate not exceeding six per cent. per annum as the Court
(2) The Court to which such summons is sent shall, upon receipt thereof, proceed as if it had been deems reasonable on such principal sum], from the date of the decree to the date of payment, or to such earlier date
issued by such Court and shall then return the summons to the Court of issue together with the record as the Court thinks fit:
(if any) of its proceedings with regard thereto. 3[Provided that where the liability in relation to the sum so adjudged had arisen out of a commercial
4
[(3) Where the language of the summons sent for service in another State is different from the transaction, the rate of such further interest may exceed six per cent. per annum, but shall not exceed the
language of the record referred to in sub-section (2), a translation of the record,— contractual rate of interest or where there is no contractual rate, the rate at which moneys are lent or advanced
(a) in Hindi, where the language of the Court issuing the summons is Hindi, or by nationalised banks in relation to commercial transactions.
(b) in Hindi or English where the language of such record is other than Hindi or English, Explanation I.—In this sub-section, “nationalised bank” means a corresponding new bank as defined in
shall also be sent together with the record sent under that sub-section.] the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970).
5
[29. Service of foreign summonses.—Summonses and other processes issued by— Explanation II.—For the purposes of this section, a transaction is a commercial transaction, if it is
(a) any Civil or Revenue Court established in any part of India to which the provisions of this connected with the industry, trade or business of the party incurring the liability.]
Code do not extend, or
(2) Where such a decree is silent with respect to the payment of further interest 4[on such principal sum]
(b) any Civil or Revenue Court established or continued by the authority of the Central from the date of the decree to the date of payment or other earlier date, the Court shall be deemed to have
Government outside India, or refused such interest, and a separate suit therefor shall not lie.
(c) any other Civil or Revenue Court outside India to which the Central Government has, by
notification in the Official Gazette, declared the provisions of this section to apply, COSTS
may be sent to the Courts in the territories to which this Code extends, and served as if they were 35. Costs.—(1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any
summonses issued by such Courts.] law for the time being in force, the costs of an incident to all suits shall be in the discretion of the Court, and the
30. Power to order discovery and the like.—Subject to such conditions and limitations as may be Court shall have full power to determine by whom or out of what property and to what extent such costs are to be
prescribed, the Court may, at any time, either of its own motion or on the application of any party,— paid, and to give all necessary directions for the purposes aforesaid. The fact that the Court has no jurisdiction to
try the suit shall be no bar to the exercise of such powers.
(a) make such orders as may be necessary or reasonable in all matters relating to the delivery and
answering of interrogatories, the admission of documents and facts, and the discovery, inspection, (2) Where the Court directs that any costs shall not follow the event, the Court shall state its reasons in
production, impounding and return of documents or other material objects producible as evidence; writing.
(b) issue summonses to persons whose attendance is required either to give evidence or to 5
produce documents or such other objects as aforesaid; * * * * *
(c) order any fact to be proved by affidavit. *[35. Costs.— (1) In relation to any Commercial dispute, the Court, notwithstanding anything contained
31. Summons to witness.—The provisions in sections 27, 28 and 29 shall apply to summonses to give in any other law for the time being in force or Rule, has the discretion to determine:
evidence or to produce documents or other material objects.
(a) whether costs are payable by one party to another;
32. Penalty for default.—The Court may compel the attendance of any person to whom a summons
has been issued under section 30 and for that purpose may— (b) the quantum of those costs; and
(a) issue a warrant for his arrest; (c) when they are to be paid.
(b) attach and sell his property;

1. S. 26 renumbered as sub-section (1) by Act 46 of 1999, s. 2 (w.e.f. 1-7-2002). 1. Subs. by Act 46 of 1999, s. 4, for “not exceeding five hundred rupees” (w.e.f. 1-7-2002).`
2. Ins. by s. 3, ibid., (w.e.f. 1-7-2002). 2. Subs. by Act 66 of 1956, s. 2, for certain words (w.e.f. 1-1-1957).
3. Ins. by s. 3, ibid., (w.e.f. 1-7-2002). 3. Ins. by Act 104 of 1976, s. 13 (w.e.f. 1-7-1977).
4. Ins. by Act 104 of 1976, s. 12 (w.e.f. 1-5-1977). 4. Subs. by Act 66 of 1956, s. 2, for “on such aggregate sum as aforesaid” (w.e.f. 1-1-1957).
5. Subs. by Act 2 of 1951, s. 6, for section 29 (w.e.f. 1-4-1951). 5. Sub-section (3) omitted by Act 66 of 1956, s. 3 (w.e.f. 1-1-1957).
* Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015). *. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015).

41 42

Explanation.—For the purpose of clause (a), the expression “costs” shall mean reasonable costs 1
[35A. Compensatory costs in respect of false or vexatious claims or defences.—(1) If in any suit
relating to— or other proceedings 2[including an execution proceeding but 3[excluding an appeal or a revision] any
party objects to the claim or defence on the ground that the claim or defence or any part of it is, as against
(i) the fees and expenses of the witnesses incurred; the objector, false or vexatious to the knowledge of the party by whom it has been put forward, and if
thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole
(ii) legal fees and expenses incurred; or in part, the Court, 4[if it so thinks fit], may, after recording its reasons for holding such claim or
(iii) any other expenses incurred in connection with the proceedings. defence to be false or vexatious, make an order for the payment to the object or by the party by whom
such claim or defence has been put forward, of cost by way of compensation.
(2) If the Court decides to make an order for payment of costs, the general rule is that the unsuccessful
party shall be ordered to pay the costs of the successful party: *[(2) No Court shall make any such order for the payment of an amount exceeding 5[three thousand
rupees] or exceeding the limits of its pecuniary jurisdiction, whichever amount is less:
Provided that the Court may make an order deviating from the general rule for reasons to be recorded in
writing. Provided that where the pecuniary limits of the jurisdiction of any Court exercising the jurisdiction of a
Court of Small Causes under the Provincial Small Cause Courts Act, 1887 (9 of 1887), 6[or under a
Illustration corresponding law in force in 7[any part of India to which the said Act does not extend] and not being a Court
constituted 8[under such Act or law], are less than two hundred and fifty rupees, the High Court may empower
The Plaintiff, in his suit, seeks a money decree for breach of contract, and damages. The Court holds that the such Court to award as costs under this section any amount not exceeding two hundred and fifty rupees and not
Plaintiff is entitled to the money decree. However, it returns a finding that the claim for damages is frivolous and exceeding those limits by more than one hundred rupees :
vexatious.
Provided, further, that the High Court may limit the amount which any Court or class of Courts is
In such circumstances the Court may impose costs on the Plaintiff, despite the Plaintiff being the successful empowered to award as costs under this section.]
party, for having raised frivolous claims for damages.
(3) No person against whom an order has been made under this section shall, by reason thereof, be
(3) In making an order for the payment of costs, the Court shall have regard to the following circumstances,
including—
exempted from any criminal liability in respect of any claim or defence made by him.

(a) the conduct of the parties; (4) The amount of any compensation awarded under this section in respect of a false or vexatious
claim or defence shall be taken into account in any subsequent suit for damages or compensation in
(b) whether a party has succeeded on part of its case, even if that party has not been wholly successful; respect of such claim or defence.]
(c) whether the party had made a frivolous counterclaim leading to delay in the disposal of the case; STATE AMENDMENTS
(d) whether any reasonable offer to settle is made by a party and unreasonably refused by the other party; Jammu and Kashmir and Ladakh (UTs).—
and
In Section 35A, omit sub-section (2).
(e) whether the party had made a frivolous claim and instituted a vexatious proceeding wasting the time of
the Court. [Vide the Jammu and Kashmir Reorganization (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
(4) The orders which the Court may make under this provision include an order that a party must pay––
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)].
(a) a proportion of another party’s costs;
Uttar Pradesh
(b) a stated amount in respect of another party’s costs; Amendment of section 35-A of Act V of 1908.—In the Code of Civil Procedure,
1908 (hereinafter in this Chapter referred to as the principal Act) in section 35-A, after
(c) costs from or until a certain date;
sub- section (1), the following sub-section shall be inserted, namely :—
(d) costs incurred before proceedings have begun; “Revision.—(1-A) The provisions of sub-section (1) shall mutatis mutandis apply to an
(e) costs relating to particular steps taken in the proceedings; appeal where the appellate court confirms the decision of the trial court and the trial
court has not awarded, or has awarded insufficient, compensatory cost under that sub-
(f) costs relating to a distinct part of the proceedings; and section.”
[Vide Uttar Pradesh Act 57 of 1976, s. 2]
(g) interest on costs from or until a certain date.]

STATE AMENDMENTS 1. Section 35A ins. by Act 9 of 1922, s. 2, which, under section 1(2) thereof may be brought into force in any State by the State
Government on any specified date. It has been so brought into force in Bombay, Bengal, U.P., Punjab, Bihar, C.P., Assam,
Jammu and Kashmir and Ladakh (UTs).— Orissa and Madras.
2. Subs. by Act 66 of 1956, s. 4, for “not being an appeal” (w.e.f. 1-2-1957).
In Section 35, in sub-section (1) omit “Commercial”. 3. Subs. by Act 104 of 1976, s. 14, for “excluding an appeal” (w.e.f. 1-2-1977).
4. Subs. by Act 66 of 1956, s. 4, for certain words (w.e.f. 1-2-1957).
[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification *. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015).
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of 5. Subs. by Act 104 of 1976, s. 14, for “one thousand rupees” (w.e.f. 1-2-1977).
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]. 6. Ins. by Act 2 of 1951, s. 7.
7. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “a Part B State”.
8. Subs. by Act 2 of 1951, s. 7, for “under that Act” (w.e.f. 1-4-1951).

43 44
Uttar Pradesh (b) where the Court of first instance has ceased to exist or to have jurisdiction to execute it, the
Section 35-A or Schedule of the Act.—(1) For the existing sub-section (1), the following Court which, if the suit wherein the decree was passed was instituted at the time of making the
shall be substituted ; application for the execution of the decree, would have jurisdiction to try such suit.
“(1) If in any suit or other proceeding, including proceedings in execution, but not being 1
[Explanation.—The Court of first instance does not cease to have jurisdiction to execute a decree
an appeal or revision, the court finds that the claim or defense or any part thereof is false or merely on the ground that after the institution of the suit wherein the decree was passed or after the passing
vexatious to the knowledge of the party by whom it has been put forward and if such claim of the decree, any area has been transferred from the jurisdiction of that Court to the jurisdiction of any other
or defense or such part is disallowed abandoned or withdrawn in whole or in part, the court Court; but, in every such case, such other Court shall also have jurisdiction to execute the decree, if at the
time of making the application for execution of the decree it would have jurisdiction to try the said suit.]
may, after recording its reasons for holding such claim or defense to be false or vexatious, make
an order for the payment to the successful party of costs by way of compensation irrespective COURTS BY WHICH DECREES MAY BE EXECUTED
of the decision on other issues in the case.”
[Vide Uttar Pradesh Act XXIV of 1954, s. 3] 38. Court by which decree may be executed.—A decree may be executed either by the Court which
passed it, or by the Court to which it is sent for execution.
1
[35B. Costs for causing delay.—(1) If, on any date fixed for the hearing of a suit or for taking any
step therein, a party to the suit— 39. Transfer of decree.—(1) The Court which passed a decree may, on the application of the decree-
holder, send it for execution to another Court 2[of competent jurisdiction],—
(a) fails to take the step which he was required by or under this Code to take on that date, or
(a) if the person against whom the decree is passed actually and voluntarily resides or carries on
(b) obtains an adjournment for taking such step or for producing evidence or on any other ground, business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or

the Court may, for reasons to be recorded, make an order requiring such party to pay to the other party (b) if such person has not property within the local limits of the jurisdiction of the Court which
such costs as would, in the opinion of the Court, be reasonably sufficient to reimburse the other party in passed the decree sufficient to satisfy such decree and has property within the local limits of the
respect of the expenses incurred by him in attending the Court on that date, and payment of such costs, on jurisdiction of such other Court, or
the date next following the date of such order, shall be a condition precedent to the further prosecution (c) if the decree directs the sale or delivery of immovable property situate outside the local limits
of— of the jurisdiction of the Court which passed it, or
(a) the suit by the plaintiff, where the plaintiff was ordered to pay such costs, (d) if the Court which passed the decree considers for any other reason, which it shall record in
writing, that the decree should be executed by such other Court.
(b) the defence by the defendant, where the defendent was ordered to pay such costs.
(2) The Court which passed a decree may of its own motion send it for execution to any subordinate
Explanation.—Where separate defences have been raised by the defendant or groups of defendants, Court of competent jurisdiction.
payment of such costs shall be a condition precedent to the further prosecution of the defence by such
3
defendants or groups of defendants as have been ordered by the Court to pay such costs. [(3) For the purposes of this section, a Court shall be deemed to be a Court of competent jurisdiction if, at
the time of making the application for the transfer of decree to it, such Court would have jurisdiction to try the
(2) The costs, ordered to be paid under sub-section (1), shall not, if paid, be included in the costs suit in which such decree was passed.]
awarded in the decree passed in the suit; but, if such costs are not paid, a separate order shall be drawn up 4
indicating the amount of such costs and the names and addresses of the persons by whom such costs are [(4) Nothing in this section shall be deemed to authorise the Court which passed a decree to execute
payable and the order so drawn up shall be executable against such persons. ] such decree against any person or property outside the local limits of its jurisdiction.]
STATE AMENDMENT
PART II
EXECUTION Uttar Pradesh
GENERAL Amendment of section 39 of Act no. 5 of 1908.— In section 39 of the Code of Civil
2
[36. Application to orders.—The provisions of this Code relating to the execution of decrees Procedure, 1908, hereinafter referred to as the said Code, for sub-section (3), the
(including provisions relating to payment under a decree) shall, so far as they are applicable, be deemed following sub- section shall be substituted, namely :—
to apply to the execution of orders (including payment under an order).] “(3) For the purposes of this section, a Court shall be deemed to be a Court of
competent jurisdiction of the amount or value of the subject-matter of the suit wherein
37. Definition of Court which passed a decree.—The expression “Court which passed a decree,” the decree was passed does not exceed the pecuniary limits, if any, of its ordinary
or words to that effect, shall, in relation to the execution of decrees, unless there is anything repugnant in
jurisdiction at the time of making the application for the transfer of decree to it,
the subject or context, be deemed to include,—
notwithstanding that it had otherwise no jurisdiction to try the suit.”
(a) where the decree to be executed has been passed in the exercise of appellate jurisdiction, the [Vide Uttar Pradesh Act 31 of 1978, s. 2]
Court of first instance, and
40. Transfer of decree to Court in another State.—Where a decree is sent for execution in another State, it
shall be sent to such Court and executed in such manner as may be prescribed by rules in force in that State.

1. Ins. by Act 104 of 1976, s. 17 (w.e.f. 1-2-1977).

2. Ins. by s. 18, ibid. (w.e.f. 1-2-1977).
1. Ins. by Act 104 of 1976, s. 15 (w.e.f. 1-2-1977). 3. Ins. by Act 104 of 1976, s. 18, (w.e.f. 1-2-1977).
2. Subs. by Act 104 of 1976, s. 16, for section 36 (w.e.f. 1-2-1977). 4. Ins. by Act 22 of 2002, s. 2 (w.e.f. 1-7-2002).

45 46

41. Result of execution proceedings to be certified.—The Court to which a decree is sent for (f) power to order stay of execution under rule 29 of Order XXI;
execution shall certify to the Court which passed it the fact of such execution, or where the former Court
fails to execute the same the circumstances attending such failure. (g) in the case of a decree passed against a firm, power to grant leave to execute such decree
42. Powers of Court in executing transferred decree. — 1[(1)] The Court executing a decree sent to it shall
against any person other than a person as is referred to in clause (b) or clause (c) of sub-rule (1) of
have the same powers in executing such decree as if it had been passed by itself. All persons is disobeying rule 50 of Order XXI.
or obstructing the execution of the decree shall be punishable by such Court in the same manner as if it had
passed the decree. And its order in executing such decree shall be subject to the same rules in respect of (3) A Court passing an order in exercise of the powers specified in sub-section (2)
appeal as if the decree had passed by itself. shall send a copy thereof to the Court which passed the decree.
2
[(2) Without prejudice to the generality of the provisions of sub-section (1), the powers of the Court (4) Nothing in this section shall be deemed to confer on the Court to which a decree is sent for
under that sub-section shall include the following powers of the Court which passed the decree, namely:— execution, the power to order execution at the instance of the transferee of a decree.”

(a) power to send the decree for execution to another Court under section 39; [Vide Uttar Pradesh Act 14 of 1970, s. 2]
(b) power to execute the decree against the legal representative of the deceased judgment-debtor 1
[43. Execution of decrees passed by Civil Courts in places to which this Code does not extend.—
under section 50; Any decree passed by any Civil Court established in any part of India to which the provisions of this Code do
(c) power to order attachment of a decree. not extend, or by any Court established or continued by the authority of the Central Government outside India,
may, if it cannot be executed within the jurisdiction of the Court by which it was passed, be executed in the
(3) A Court passing an order in exercise of the powers specified in sub-section (2) shall send a copy manner herein provided within the jurisdiction of any Court in the territories to which this Code extends.]
thereof to the Court which passed the decree.
2
[44. Execution of decrees passed by Revenue Courts in places to which this Code does not
(4) Nothing in this section shall be deemed to confer on the Court to which a decree is sent for extend.—The State Government may, by notification in the Official Gazette, declare that the decrees of
execution any of the following powers, namely:— any Revenue Court in any part of India to which the provisions of this Code do not extend, or any class of
(a) power to order execution at the instance of the transferee of the decree; such decrees, may be executed in the State as if they had been passed by Courts in that State.]
3
(b) in the case of a decree passed against a firm, power to grant leave to execute such decree [44A. Execution of decrees passed by Courts in reciprocating territory.—(1) Where a certified
against any person, other than such a person as is referred to in clause (b), or clause (c) of copy of a decree of any of the superior Courts of 4*** any reciprocating territory has been filed in a
sub-rule (1) of rule 50 of Order XXI. ] District Court, the decree may be executed in 5[India] as if it had been passed by the District Court.
STATE AMENDMENT (2) Together with the certified copy of the decree shall be filed a certificate from such superior Court
Uttar Pradesh stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for the
Substitution of new section for section 42 of Act V of 1908.— For section 42 of the purposes of proceedings under this section, be conclusive proof of the extent of such satisfaction or
Code of Civil Procedure, 1908, as amended in its application to Uttar Pradesh (hereinafter adjustment.
referred to as the said Code) the following section shall be substituted and be deemed
to have been substituted with affect from December 2, 1968, namely :— (3) The provisions of section 47 shall as from the filing of the certified copy of the decree apply to the
proceedings of a District Court executing a decree under this section, and the District Court shall refuse
“42. Power of court in executing transferred decree.— (1) The Court executing a decree execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls within any
sent to it shall have the same powers in executing such decree as if it had been passed by of the exceptions specified in clauses (a) to (f) of section 13.
itself. All persons disobeying or obstructing the execution of the decree shall be punishable by
such Court in the same manner as if it had passed the decree, and its order in executing such 6
[Explanation 1.— “Reciprocating territory” means any country or territory outside India which the
decree shall be subject to the same rules in respect of appeal as if the decree had been passed by itself.
Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for
(2) Without prejudice to the generality of the provisions of sub- section (1), the powers of the the purposes of this section; and “superior Courts”, with reference to any such territory, means such
Court under that sub-section shall include the following powers of the Court which passed the Courts as may be specified in the said notification.
decree, namely —
Explanation 2.— “Decree” with reference to a superior Court means any decree or judgment of such
(a) power to send the decree for execution to another Court under section 39 ; Court under which a sum of money is payable, not being a sum payable in respect of taxes or other
(b) power to execute the decree against the legal representative of the deceased charges of a like nature or in respect of a fine or other penalty, but shall in no case include an arbitration
award, even if such an award is enforceable as a decree or judgment.]]
judgment-debtor under section 50 ;
(c) power to order attachment of a decree;
(d) power to decide any question relating to the bar of limitation to the
executability of the decree ;
(e) power to record payment or adjustment under rule 2 of Order XXI; 1. Subs. by Act 2 of 1951, s. 8, for section 43 (w.e.f. 1-4-1951).
2. Subs. by Act 2 of 1951, s. 9, for section 44 (w.e.f. 1-4-1951).
3. Ins. by Act 8 of 1937, s. 2.
4. The words “the United Kingdom or” omitted by Act 71 of 1952, s. 2.
1. S. 42 renumbered as sub-section (1) by Act 104 of 1976, s. 19 (w.e.f. 1-2-1977). 5. Subs. by Act 2 of 1951, s. 3, for “the States” (w.e.f. 1-4-1951).
2. Ins. by s. 19, ibid., (w.e.f. 1-2-1977). 6. Subs. by Act 71 of 1952, s. 2, for Explanations 1 to 3.

47 48
 1 STATE AMENDMENT
[45. Execution of decrees outside India.—So much of the foregoing sections of this Part as
empowers a Court to send a decree for execution to another Court shall be construed as empowering a Rajasthan
Insertion of new section 48 A.- After section 48 of the Code of Civil Procedure, 1908 (Central Act V of 1908),
Court in any State to send a decree for execution to any Court established 2*** by the authority of the in its application thereof to the State of Rajasthan, the following new section shall be, and be deemed always to
Central Government 3[outside India] to which the State Government has by notification in the Official have been inserted, namely:--
Gazette declared this section to apply.] "48-A- Varied application of section 48.- For the purposes of the application of section 48 to the
State of Rajasthan;-
46. Precepts.—(1) Upon the application of the decree-holder the Court which passed the decree may, (i) a decree, made before the twenty-fifth day of January, 1950, in those parts of Rajasthan
whenever it thinks fit, issue a precept to any other Court which would be competent to execute such where a corresponding provision did not then exist, shall, unless it shall have becomr time-barred
decree to attach any property belonging to the judgment-debtor and specified in the precept. or otherwise infructuous before the said day in accordance with any law then prevailing in those
parts, be deemed to have been made on the said day, and
(2) The Court to which a precept is sent shall proceed to attach the property in the manner prescribed (ii) Where a decree might have been made before the twenty-fifth day of January, 1950 in
in regard to the attachment of property in execution of a decree: those parts of Rajasthan where a corresponding provision then existed, with a period longer than
twelve years provided therein such longer period or the period of twelve years form the said day
Provided that no attachment under a precept shall continue for more than two months unless the whichever expires first shall be the period after which, according to section 48, no order for
period of attachment is extended by an order of the Court which passed the decree or unless before the execution shall be made".
determination of such attachment the decree has been transferred to the Court by which the attachment [Vide Rajasthan Act XX of 1952, s. 2]
has been made and the decree-holder has applied for an order for the sale of such property. TRANSFEREES AND LEGAL REPRESENTATIVES
49. Transferee.—Every transferee of a decree shall hold the same subject to the equities (if any) which the
QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE judgment-debtor might have enforced against the original decree-holder.
50. Legal representative.—(1) Where a judgment-debtor dies before the decree has been fully satisfied, the
47. Questions to be determined by the Court executing decree.—(1) All questions arising between
holder of the decree may apply to the Court which passed it to execute the same against the legal representative of
the parties to the suit in which the decree was passed, or their representatives, and relating to the the deceased.
execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree (2) Where the decree is executed against such legal representative, he shall be liable only to the extent of the
and not by a separate suit. property of the deceased which has come to his hands and has not been duly disposed of; and, for the purpose of
ascertaining such liability, the Court executing the decree may, of its own motion or on the application of the
decree-holder, compel such legal representative to produce such accounts as it thinks fit.
4 PROCEDURE IN EXECUTION
* * * * *
(3) Where a question arises as to whether any person is or is not the representative of a party, such 51. Powers of Court to enforce execution.—Subject to such conditions and limitations as may be prescribed,
the Court may, on the application of the decree-holder, order execution of the decree—
question shall, for the purposes of this section, be determined by the Court.
5[Explanation I.—For the purposes of this section, a plaintiff whose suit has been dismissed and a
(a) by delivery of any property specifically decreed;
(b) by attachment and sale or by the sale without attachment of any property;
defendant against whom a suit has been dismissed are parties to the suit. (c) by arrest and detention in prison 1[for such period not exceeding the period specified in section 58,
Explanation II.—(a) For the purposes of this section, a purchaser of property at a sale in execution of a where arrest and detention is permissible under that section];
decree shall be deemed to be a party to the suit in which the decree is passed; and (d) by appointing a receiver; or
(b) all questions relating to the delivery of possession of such property to such purchaser or his (e) in such other manner as the nature of the relief granted may require:
2
[Provided that, where the decree is for the payment of money, execution by detention in prison shall not be
representative shall be deemed to be questions relating to the execution, discharge or satisfaction of the decree
ordered unless, after giving the judgment-debtor an opportunity of showing cause why he should not be committed
within the meaning of this section.] to prison, the Court, for reasons recorded in writing, is satisfied—
STATE AMENDMENT (a) that the judgment-debtor, with the object or effect of obstructing or delaying the execution of the
Uttar Pradesh decree,—
Amendment of section 47.— In section 47 of the principal Act, Explanation II (i) is likely to abscond or leave the local limits of the jurisdiction of the Court, or
inserted by the U. P. Civil Laws (Reforms and Amendment) Act, 1954, shall be omitted. (ii) has, after the institution of the suit in which the decree was passed, dishonestly transferred,
concealed, or removed any part of his property, or committed any other act of bad faith in relation to
[Vide Uttar Pradesh Act 57 of 1976, s. 3] his property, or
(b) that the judgment-debtor has, or has had since the date of the decree, the means to pay the amount
LIMIT OF TIME FOR EXECUTION of the decree or some substantial part thereof and refuses or neglects or has refused or neglected to pay the
48. [Execution barred in certain cases.] Rep. by the Limitation Act, 1963 (36 of 1963), s. 28 (w.e.f. 1-1-1964). same, or
(c) that the decree is for a sum for which the judgment-debtor was bound in a fiduciary capacity to
account.
Explanation. —In the calculation of the means of the judgment-debtor for the purposes of clause (b), there
shall be left out of account any property which, by or under any law or custom having the force of law for the
1. Subs. by the A.O. 1937, for section 45. time being in force, is exempt from attachment in execution of the decree.]
2. The words “or continued” omitted by the A.O. 1948.
3. Subs. by the A.O. 1950, for “in any Indian State”.
4. Sub-section (2) omitted by Act 104 of 1976, s. 20 (w.e.f. 1-2-1977). 1. Ins. by Act 104 of 1976, s. 21 (w.e.f. 1-2-1977).
5. Subs. by s. 20, ibid. for the Explanation (w.e.f. 1-2-1977). 2. Ins. by Act 21 of 1936, s. 2.

49 50

52. Enforcement of decree against legal representative.—(1) Where a decree is passed against a party proceeding upon the application or upon the decree in execution of which he was arrested, the Court 1[may release] him
as the legal representative of a deceased person, and the decree is for the payment of money out of the property from arrest, and, if he fails so to apply and to appear, the Court may either direct the security to be realized or commit
of the deceased, it may be executed by the attachment and sale of any such property. him to the civil prison in execution of the decree.
(2) Where no such property remains in the possession of the judgment-debtor and he fails to satisfy the Court 56. Prohibition of arrest or detention of women in execution of decree for money.—Notwithstanding anything in
that he has duly applied such property of the deceased as is proved to have come into his possession, the decree this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the
may be executed against the judgment-debtor to the extent of the property in respect of which he has failed so to payment of money.
satisfy the Court in the same manner as if the decree had been against him personally. 57. Subsistence-allowance.—The State Government may fix scales, graduated according to rank, race and
nationality, of monthly allowances payable for the subsistence of judgment-debtors.
53. Liability of ancestral property.—For the purposes of section 50 and section 52, property in the hands
58. Detention and release.—(1) Every person detained in the civil prison in execution of a decree shall be so
of a son or other descendant which is liable under Hindu law for the payment of the debt of a deceased
detained,—
ancestor, in respect of which a decree has been passed, shall be deemed to be property of the deceased which
has come to the hands of the son or other descendant as his legal representative. (a) where the decree is for the payment of a sum of money exceeding 2[ 3[five thousand rupees], for a
period not exceeding three months, and,]
54. Partition of estate or separation of share.—Where the decree is for the partition of an undivided estate 4
[(b) where the decree is for the payment of a sum of money exceeding two thousand rupees, but not
assessed to the payment of revenue to the Government, or for the separate possession of a share of such an estate,
exceeding five thousand rupees, for a period not exceeding six weeks.]
the partition of the estate or the separation of the share shall be made by the Collector or any gazetted subordinate 5
[(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgment-debtor
of the Collector deputed by him in this behalf, in accordance with the law (if any) for the time being in force
in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the
relating to the partition, or the separate possession of shares, of such estates.
decree does not exceed 6[two thousand rupees.]]
STATE AMENDMENT (2) A judgment-debtor released from detention under this section shall not merely by reason of his release be
Karnataka.— discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was
For Section 54, the following Section shall be substituted, namely.— detained in the civil prison.
59. Release on ground of illness.—(1) At any time after a warrant for the arrest of a judgment-debtor has been
“54. Partition of estate or separation of share.—Where the decree is for the partition of an issued the Court may cancel it on the ground of his serious illness.
undivided estate assessed to the payment of revenue to the Government, or for the separate possession of
(2) Where a judgment-debtor has been arrested, the Court may release him if, in its opinion, he is not in a fit
a share of such an estate, the partition of the estate or the separation of the share of such an estate shall be state of health to be detained in the civil prison.
made by the Court in accordance with the law if any, for the time being in force relating to the partition or (3) Where a judgment-debtor has been committed to the civil prison, he may be released therefrom—
the separate possession of shares, and if necessary on the report of a revenue officer, not below the rank (a) by the State Government, on the ground of the existence of any infectious or contagious disease, or
of Tahsildar or such other person as the Court may appoint as Commissioner in that behalf.”
(b) by the committing Court, or any Court to which that Court is subordinate, on the ground of his suffering
[Vide Karnataka Act 36 of 1998, sec. 2.] from any serious illness.
ARREST AND DETENTION
55. Arrest and detention.—(1) A judgment-debtor may be arrested in execution of a decree at any
(4) A judgment-debtor released under this section may be re-arrested, but the period of his detention in civil
hour and on any day, and shall, as soon as practicable, be brought before the Court, and his detention may prison shall not in the aggregate exceed that prescribed by section 58 .
ATTACHMENT
be in the civil prison of the district in which the Court ordering the detention is situate, or, where such 760. Property liable to attachment and sale in execution of decree.—(1) The following property is liable to
civil prison does not afford suitable accommodation, in any other place which the State Government may attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, money, bank-notes,
appoint for the detention of persons ordered by the Courts of such district to be detained:
cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money,
Provided, firstly, that, for the purpose of making an arrest under this section, no dwelling-house shall be
debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, movable or
entered after sunset and before sunrise:
immovable, belonging to the judgment-debtor, or over which, or the profits of which, he has a disposing
Provided, secondly, that no outer door of a dwelling-house shall be broken open unless such dwelling-
power which he may exercise for his own benefit, whether the same be held in the name of the judgment-
house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but
debtor or by another person in trust for him or on his behalf:
when the officer authorized to make the arrest has duly gained access to any dwelling-house, he may break
open the door of any room in which he has reason to believe the judgment-debtor is to be found: Provided that the following particulars shall not be liable to such attachment or sale, namely:—
Provided, thirdly, that, if the room is in the actual occupancy of a woman who is not the judgment-debtor and who (a) the necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor, his
according to the customs of the country does not appear in public, the officer authorized to make the arrest shall give wife and children, and such personal ornaments as, in accordance with religious usage, cannot be
notice to her that she is at liberty to withdraw, and, after allowing a reasonable time for her to withdraw and giving her parted with by any woman;
reasonable facility for withdrawing, may enter the room for the purpose of making the arrest: (b) tools of artisans, and, where the judgment-debtor is an agriculturist, his implements of
Provided, fourthly, that, where the decree in execution of which a judgment-debtor is arrested, is a decree for husbandry and such cattle and seed-grain as may, in the opinion of the Court, be necessary to enable
the payment of money and the judgment-debtor pays the amount of the decree and the costs of the arrest to the him to earn his livelihood as such, and such portion of agricultural produce or of any class of
officer arresting him, such officer shall at once release him. agricultural produce as may have been declared to be free from liability under the provisions of the
(2) The State Government may, by notification in the Official Gazette, declare that any person or class of persons next following section;
whose arrest might be attended with danger or inconvenience to the public shall not be liable to arrest in execution of a
decree otherwise than in accordance with such procedure as may be prescribed by the State Government in this behalf.
(3) Where a judgment-debtor is arrested in execution of a decree for the payment of money and brought before the
Court, the Court shall inform him that he may apply to be declared an insolvent, and that he 1[may be discharged] if he 1. Subs. by Act 3 of 1921, s. 2, for “shall release”.
has not committed any act of bad faith regarding the subject of the application and if he complies with the provisions of 2. Subs. by Act 104 of 1976, s. 22, for certain words (w.e.f. 1-2-1977).
the law of insolvency for the time being in force. 3. Subs. by Act 46 of 1999, s. 5, “one thousand rupees” (w.e.f. 1-7-2002).
4. Subs. by s. 5, ibid., by clause (b) (w.e.f. 1-7-2002).
(4) Where a judgment-debtor expresses his intention to apply to be declared an insolvent and furnishes security, to 5. Ins. by Act 104 of 1976, s. 22 (w.e.f. 1-2-1977).
the satisfaction of the Court, that he will within one month so apply, and that he will appear, when called upon, in any 6. Subs. by Act 46 of 1999, s. 5, for “five hundred rupees” (w.e.f. 1-7-2002).
7. For amendments to s. 60, in its application to East Punjab, see the Punjab Relief of Indebtedness Act, 1934 (Pun. Act 7 of
1. Subs. by Act 3 of 1921, s. 2, for “will be discharged”. 1934), s. 35, as amended by Pun. Acts 12 of 1940 and 6 of 1942.

51 52
 (c) houses and other buildings (with the materials and the sites thereof and the land immediately (m) an expectancy of succession by survivorship or other merely contingent or possible right or interest;
appurtenant thereto and necessary for their enjoyment) belonging to 1[an agriculturist or a labourer of (n) a right to future maintenance;
a domestic servant] and occupied by him ; (o) any allowance declared by 1[any Indian law] to be exempt from liability to attachment or sale in execution
(d) books of account ; of a decree; and
(e) a mere right to sue for damages ; (p) where the judgment-debtor is a person liable for the payment of land-revenue; any movable property
which, under any law for the time being applicable to him, is exempt from .sale for the recovery of an arrear of
(f) any right of personal service ;
such revenue.
(g) stipends and gratuities allowed to pensioners of the Government 2[or of a local authority or of 2
[Explanation I. —The moneys payable in relation to the matters mentioned in clauses (g), (h), (i), (ia), (j), (l)
any other employer], or payable out of any service family pension fund 3notified in the Official and (o) are exempt from attachment or sale, whether before or after they are actually payable, and, in the case of
Gazette by 4[the Central Government or the State Government] in this behalf, and political pensions; salary, the attachable portion thereof is liable to attachment, whether before or after it is actually payable.]
5
[(h) the wages of labourers and domestic servants, whether payable in money or in kind; [ [Explanation II. —In clauses (i) and (ia)], “salary” means the total monthly emoluments, excluding any
3 4
6***] allowance declared exempt from attachment under the provisions of clause (1), derived by a person from his
7[(i) salary to the extent of 8[the first 9[ 10[one thousand rupees]] and two third of the remainder] 11[in employment whether on duty or on leave.]
execution of any decree other than a decree for maintenance]:
5
[Explanation 6[III]—In clause (1) “appropriate Government” means—
12 (i) as respects any 7[person] in the service of the Central Government, or any servant of 8[a Railway
[Provided that where any part of such portion of the salary as is liable to attachment has been under Administration] or of a cantonment authority or of the port authority of a major port, the Central Government;
attachment, whether continuously or intermittently, for a total period of twenty-four months, such portion 9
* * * * *
shall be exempt from attachment until the expiry of a further period of twelve months, and, where such
(iii) as respects any other 10[servant of the 11[Government]] or a servant of any other 12*** local authority, the State
attachment has been made in execution of one and the same decree, shall, after the attachment has
Government.]
continued for a total period of twenty-four months, be finally exempt from attachment in execution of that 13
[Explanation IV—For the purposes of this proviso, “wages” includes bonus, and “labourer” includes a skilled unskilled or
deeree.]]
semi-skilled labourer.
11[(ia) one-third of the salary in execution of any decree for maintenance;]
Explanation V—For the purposes of this proviso, the expression “agriculturist” means a person who cultivates land
13[(j) the pay and allowances of persons to whom the Air Force Act, 1950 (45 of 1950) or the Army personally and who depends for his livelihood mainly on the income from agricultural land, whether as owner, tenant, partner or
Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957), applies;] agricultural labourer.
Explanation VI—For the purposes of Explanation V an agriculturist shall be deemed to cultivate land personally, if he
(k) all compulsory deposits and other sums in or derived from any fund to which the Provident Funds Act,
14[1925], (19 of 1925), for the time being applies in so far as they are declared by the said Act not to be liable to cultivates land—
(a) by his own labour, or
attachment;
(b) by the labour of any member of his family, or
15
[(ka) all deposits and other sums in or derived from any fund to which the Public Provident Fund Act, 1968 (c) by servants or labourers on wages payable in cash or in kind (not being as a share of the produce), or
(23 of 1968), for the time being applies, in so far as they are declared by the said Act as not to be liable to attachment; both.]
(kb) all moneys payable under a policy of insurance on the life of the judgment-debtor; 13
[(IA) Notwithstanding anything contained in any other law for the time being in force, an agreement by which a person
(kc) the interest of a lessee of a residential of building to which the provisions of law for the time agrees to waive the benefit of any exemption under this section shall be void.]
being in force relating to control of rents and accommodation apply;] (2) Nothing in this section shall be deemed 14*** to exempt houses and other buildings (with the materials and the
16
[(1) any allowance forming part of the emoluments of any 17[servant of the 18[Government]] or of any sites thereof and the lands immediately appurtenant thereto and necessary for their enjoyment) from attachment or sale in
servant of a railway company or local authority which the 19[appropriate Government] may by notification in execution of decrees for rent of any such house, building, site or land 15***
16
the Official Gazette declare to be exempt from attachment, and any subsistence grant or allowance made to * * * * *
20
[any such servant] while under suspension;] STATE AMENDMENTS
Kerala.—
In clause (g) of the Proviso to sub-section (1) of section 60, after the words “stipends and gratuities allowed
1. Subs. by Act 104 of 1976, s. 23, for “an agriculturist” (w.e.f. 1-2-1977) by pensioners of the Government” the words “or of a local authority” shall be inserted.
2. Ins. by s. 23, ibid. (w.e.f. 1-2-1977). [Vide Kerala Act 13 of 1957, s. 3]
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.”
5. Subs. by Act 9 of 1937, s. 2, for clauses (h) and (i). The amendments made by that section have no effect in respect of any
proceedings arising out of a suit instituted before 1st June, 1937, see ibid., section 3. 1. Subs. by the A.O. 1937, for “any law passed under the Indian Councils Act 1861 and 1892”.
6. The words “and salary, to the extent of the first hundred rupees and one-half the remainder of such salary” omitted by Act 5 of 2. Subs. by Act 104 of 1976, s. 23, for Explanation I (w.e.f. 1-2-1977).
1943, s. 2. 3. Added by Act 9 of 1937, s. 2, The amendments made by that section shall not effect in respect of any proceeding arising out of any
7. Subs. by s. 2, ibid., for clause (i) and the proviso. suit instituted before 1st June, 1937, see ibid., section 3.
8. Subs. by Act 26 of 1963, s. 2, for “the first hundred rupees”. 4. Subs. by Act 104 of 1976, s. 23, “Explanation 2. —in clauses (h) and (i)” (w.e.f. 1-2- 1977).
9. Subs. by Act 104 of 1976, s. 23, for “two hundred rupees and one-half the remainder” (w.e.f. 1-2-1977). 5. Ins. by the A.O. 1937.
10. Subs. by Act 46 of 1999, s. 6, for “four hundred rupees” (w.e.f. 1-7-2002). 6. Subs. by Act 104 of 1976, s. 23, for figure “3” (w.e.f. 1-2-1977).
11. Ins. by Act 66 of 1956, s. 6 (w.e.f. 1-1-1957). 7. Subs. by Act 5 of 1943, s. 2, for “Public officer”.
12. Subs. by Act 104 of 1976, s. 23, for “the proviso” (w.e.f. 1-2-1977). 8. Subs. by the A.O. 1950, for “a Federal Railway”.
13. Subs. by s. 23, ibid., for clause (j) (w.e.f. 1-2-1977). 9. Clause (ii) omitted by the A.O. 1948.
14. Subs. by Act 9 of 1937, s. 2, for “1897”. 10. Subs. by Act 5 of 1943, s. 2, for “public officer”.
15. Ins. by Act 104 of 1976, s. 23 (w.e.f. 1-2-1977). 11. Subs. by the A.O. 1950 for “crown”.
16. Subs. by Act 9 of 1937, s. 2, for the original clause (l), see also footnote 3. 12. The words “railway or” omitted by the A.O. 1950.
17. Subs. by Act 5 of 1943, s. 2, for “public officer”. 13. Ins. by Act 104 of 1976, s. 23 (w.e.f. 1-2-1977).
18. Subs. by the A.O. 1950 for “crown”. 14. The brackets and letter “(a)”, rep. by Act 10 of 1914, s. 3 and the Second Schedule.
19. Subs. by the A.O. 1937, for “G.G. in C”. 15. The word “or” rep. by, s. 3, ibid., and the Second Schedule.
20. Subs. by Act 5 of 1943, s. 2, for “any such officer or servant”. 16. Clause (b) rep. by, s. 3 ibid., and the Second Schedule.

53 54

In the proviso to sub section (1) of section 60 of the Code of Civil Procedure, 1908 (Central Act 5 62. Seizure of property in dwelling-house.—(1) No person executing any process under this Code directing or
of 1908), after clause (g), the following clause shall be inserted, namely: — authorizing seizure of movable property shall enter any dwelling-house after sunset and before sunrise.
“(gg) all moneys payable to the beneficiaries under the Family Benefit Scheme for the employees (2) No outer door of a dwelling-house shall be broken open unless such dwelling-house is in the occupancy of
of the Government of Kerala.” the judgment-debtor and he refuses or in any way prevents access thereto, but when the person executing any such
[Vide Kerala Act 1 of 1988, s. 2.] process has duly gained access to any dwelling-house, he may break open the door of any room in which he has
Himachal Pradesh.— reason to believe any such property to be.
Amendment in section 60. — (1) In Section 60 sub-section (1): (3) Where a room in a dwelling-house is in the actual occupancy of a woman who, according to the customs of the
country, does not appear in public, the person executing the process shall give notice to such woman that she is at liberty
(i) at the end of clause (c), add the following: to withdraw; and, after allowing reasonable time for her to withdraw and giving her reasonable facility for withdrawing, he
may enter such room for the purpose of seizing the property, using at the same time every precaution, consistent with these
or compensation paid for such houses and buildings (including compensation for the materials and provisions, to prevent its clandestine removal.
the sites and the land referred to above) acquired for a public purpose;
(ii) after clause (c), the following clause shall be inserted, namely: — 63. Property attached in execution of decrees of several Courts.—(1) Where property not in the custody of any
Court is under attachment in execution of decrees of more Courts than one, the Court which shall receive or realize such
(cc) compensation paid for agricultural lands belonging to agriculturists and acquired for a public
property and shall determine any claim thereto and any objection to the attachment thereof shall be the Court of highest
purpose; grade, or, where there is no difference in grade between such Courts, the Court under whose decree the property was first
[Vide Himachal Pradesh Act 6 of 1956, sec. 2.] attached.
Tamil Nadu
(2) Nothing in this section shall be deemed to invalidate any proceeding taken by a Court executing one of such
Amendment of section 60, Central Act V of 1908.—In clause (g) of the proviso to sub-section (1) of decrees.
section 60 of the Code of Civil Procedure, 1908, after the words “stipends and gratuities allowed to
pensioners of the Government”, the words “or of a authority” shall be inserted.
1
[Explanation.—For the purposes of sub-section (2), “proceeding taken by a Court” does not include an order
allowing, to a decree-holder who has purchased property at a sale held in execution of a decree, set off to the extent
[Vide Tamil Nadu Act XXXIV of 1950, s. 2]
of the purchase price payable by him.]
Rajasthan
Amendment of section 60, Central Act V of 1908.-In clause (b) of the proviso to sub-section (1) of 64. Private alienation of property after attachment to be void. —2[(1)] Where an attachment has been made,
section 60 of the code of Civil Procedure, 1908 (Central Act V of 1908) in its application to the State of any private transfer or delivery of the property attached or of any interest therein and any payment to the judgment-
Rajasthan, after the word, “agriculturist” the words “his milch cattle and those likely to calve within two debtor of any debt, dividend or other monies contrary to such attachment, shall be void as against all claims
enforceable under the attachment.
years” shall be inserted.
3
[Vide Rajasthan Act 19 of 1958, s. 2] [(2) Nothing in this section shall apply to any private transfer or delivery of the property attached or of any
Amendment of section 60, Central Act V of 1908.- In the proviso to sub-section (1) of section 60 of interest therein, made in pursuance of any contract for such transfer or delivery entered into and registered before the
the Code of Civil Procedure, 1908 (Central Act V of 1908) in the application thereof to the State of attachment.]
Rajasthan,- Explanation.—For the purpose of this section, claims enforceable under an attachment include claims for the rateable
(i) after clause (k), the following clause shall be inserted, namely:- distribution of assets.
(kk) moneys payable under Life Insurance Certificates issued in pursuance of the Rajasthan SALE
Government Servants Insurance Rules, 1953;" and 65. Purchaser’s title.—Where immovable property is sold in execution of a decree and such sale has become absolute, the
(ii) after explanation 3 the following explanation shall be inserted, namely:- property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the
''Explanation 4.-Where any money payable to a Government servant of the State is exempt from sale becomes absolute.
attachment under the provision contained in clause (kk), such money shall remain exempt from attachment 66. [Suit purchase being on behalf of plaintiff.]— Rep. by Act, 1988 (45 of 1988), s. 7 (w.e.f. 19-5-1988).
notwithstanding the fact that owing to the death of a Government servant it is payable to some other person."
[Vide Rajasthan Act 16 of 1957, s. 2] 67. Power for State Government to make rules as to sales of land in execution of decrees for payment of money. — 4[(1)] The State
Government 5*** may, by notification in the Official Gazette, make rules for any local area imposing conditions in respect of the sale of any class of
Uttar Pradesh interests in land in execution of decrees for the payment of money, where such interest are so uncertain or undetermined as, in the opinion of the State
Government, to make it impossible to fix their value.
Addition of explanation (1-A) to sub-section (1) of section 60.— After Explanation (1) of sub-section (1) of
6[(2) When on the date on which this Code came into operation in any local area, any special rules as to sale of and in
section 60 of the Code of Civil Procedure, 1908, insert the following Explanation (I-A) ;
execution of decrees were in force therein, the State Government may, by notification in the Official Gazette declare such rules to
“Explanation (I-A) — Particulars mentioned in clause (c) are exempt from sale in execution of a be in force, or may 5*** by a like notification, modify the same.
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”. Every notification issued in the exercise of the powers conferred by this sub-section shall set out the rules so
continued or modified.]
[Vide Uttar Pradesh Act XXXV of 1948, s. 2] 7
[(3) Every rule made under this section shall be laid, as soon as may be after it is made, before the State
61. Partial exemption of agricultural produce.—The State Government 1*** may, by general or special order Legislature.]
published in the Official Gazette, declare that such portion of agricultural produce, or of any class of agricultural
produce, as may appear to the State Government to be necessary for the purpose of providing until the
next harvest for the due cultivation of the land and for the support of the judgment-debtor and his family, shall, in
the case of all agriculturists or of any class of agriculturists, be exempted from liability to attachment or sale in 1. Explanation ins. by Act 104 of 1976, s. 24 (w.e.f. 1-2-1977).
execution of a decree. 2. Section 64 renumbered as sub-section (1) by Act 22 of 2002, s. 3 (w.e.f. 1-7-2002).
3. Ins. by, Act 22 of 2002, s. 3, (w.e.f. 1-7-2002).
4. Section 67 renumbered as sub-section (1) by Act 1 of 1914, s. 3.
5. The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, s. 2 and the Schedule, Pt. 1.
6. Added by Act 1 of 1914, s. 3.
1. The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, s. 2 and the First Schedule Pt 1. 7. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984).

55 56
 DELEGATION TO COLLECTOR OF POWER TO EXECUTE DECREES (f) to conduct sale of property which is subject to speedy and natural decay and which is in the
AGAINST IMMOVABLE PROPERTY custody of the Court pending the determination of the suit;
68. [Power to prescribe rules for transferring to collector execution of certain decrees .]— Rep. by the Code (g) to perform any ministerial act.]
of Civil Procedure (Amendment) Act, 1956 (66 of 1956), s. 7 (w.e.f. 1-1-1957).
69. [Provisions of Third Schedule to apply.]— Rep. by s. 7 ibid, (w.e.f. 1-1-1957). 76. Commission to another Court.—(1) A commission for the examination of any person may be
70. [Rules of Procedure.]— Rep. by s. 7 ibid, (w.e.f. 1-1-1957). issued to any Court (not being a High Court) situate in a State other than the State in which the Court of
71. [Jurisdiction of Civil Courts barred.]— Rep. by s. 7 ibid, (w.e.f. 1-1-1957). issue is situate and having jurisdiction in the place in which the person to be examined resides.
72. [Collector to deemed to be acting judicially.]— Rep. by s. 7 ibid, (w.e.f. 1-1-1957). (2) Every Court receiving a commission for the examination of any person under sub-section (1) shall
DISTRIBUTION OF ASSETS examine him or cause him to be examined pursuant thereto, and the commission, when it has been duly
73. Proceeds of execution-sale to be rateably distributed among decree-holders.—(1) Where assets are held executed, shall be returned together with the evidence taken under it to the Court from which it was
by a Court and more persons than one have, before the receipt of such assets, made application to the Court for the issued, unless the order for issuing the commission has otherwise directed, in which case the commission
execution of decrees for the payment of money passed against the same judgment-debtor and have not obtained shall be returned in terms of such order.
satisfaction thereof, the assets, after deducting the costs of realization, shall be rateably distributed among all such 77. Letter of request.—In lieu of issuing a commission the Court may issue a letter of request to
persons: examine a witness residing at any place not within 1[India.]
Provided as follows:— 2
[78. Commissions issued by foreign Courts.—Subject to such conditions and limitations as may be
(a) where any property is sold subject to a mortgage or charge, the mortgage or incumbrancer shall not be prescribed the provisions as to the execution and return of commissions for the examination of witnesses
entitled to share in any surplus arising from such sale; shall apply to commissions issued by or at the instance of—
(b) where any property liable to be sold in execution of a decree is subject to a mortgage or charge, the Court (a) Courts situate in any part of India to which the provisions of this Code do not extend; or
may, with the consent of the mortgagee or incumbrancer, order that the property be sold free from the mortgage (b) Courts established or continued by the authority of the Central Government outside India; or
or charge, giving to the mortgagee or incumbrancer the same interest in the proceeds of the sale as he had in the (c) Courts of any State or country outside India.]
property sold; PART IV
SUITS IN PARTICULAR CASES
(c) where any immovable property is sold in execution of a decree ordering its sale for the discharge of an
incumbrance thereon, the proceeds of sale shall be applied—
SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY
3
[79. Suits by or against Government.—In a suit by or against the Government, the authority to be
First, in defraying the expenses of the sale; named as plaintiff or defendant, as the case may be, shall be—
Secondly, in discharging the amount due under the decree; (a) in the case of a suit by or against the Central Government, 4[the Union of India], and
(b) in the case of a suit by or against a State Government, the State.]
Thirdly, in discharging the interest and principal monies due on subsequent incumbra nces
(if any); and
80. Notice.— 5[(1)] 6[ Save as otherwise provided in sub-section (2), no suits 7[shall be instituted]
against the Government (including the Government of the State of Jammu and Kashmir)] or against a
Fourthly, rateably among the holders of decrees for the payment of money against the judgment-debtor, public officer in respect of any act purporting to be done by such public officer in his official capacity,
who have, prior to the sale of the property, applied to the Court which passed the decree ordering such sale until the expiration of two months next after notice in writing has been 8[delivered to, or left at the office
for execution of such decrees, and have no obtained satisfaction thereof. of—]
(2) Where all or any of the assets liable to be rateably distributed under this section are paid to a person
(a) in the case of a suit against the Central Government, 9[except where it relates to a railway] a
not entitled to receive the same, any person so entitled may sue such person to compel him to refund the assets.
(3) Nothing in this section affects any right of the Government.
Secretary to that Government;
10
RESISTANCE TO EXECUTION [(b)] in the case of a suit against the Central Government where it relates to railway, the General
74. Resistance to execution.— Where the Court is satisfied that the holder of a decree for the possession of Manager of that railway;
11
immovable property or that the purchaser of immovable property sold in execution of a decree has been resisted or [(bb) in the case of a suit against the Government of the State of Jammu and Kashmir, the Chief
obstructed in obtaining possession of the property by the judgment-debtor or some person on his behalf and that Secretary to that Government or any other officer authorized by that Government in this behalf;]
such resistance or obstruction was without any just cause, the Court may, at the instance of the decree-holder or (c) in the case of a suit against 12[any other State Government], a Secretary to that Government or
purchaser, order the judgment-debtor or such other person to be detained in the civil prison for a term which may the Collector of the district; 13***
14
extend to thirty days and may further direct that the decree-holder or purchaser be put into possession of the * * * * *
property.
PART III
INCIDENTAL PROCEEDINGS 1. Subs. by Act 2 of 1951, s. 3, for “the States”.
COMMISSIONS 2. Subs. by Act 2 of 1951, s. 11, for section 78 (w.e.f. 1-4-1951).
75. Power of Court to issue commissions.—Subject to such conditions and limitations as may be prescribed, 3. Subs by the A.O. 1948, for section 79.
the Court may issue a commission— 4. Subs. by the A.O. 1950, for “the Dominion of India”.
(a) to examine any person; 5. S. 80 renumbered as sub-section (1) by Act 104 of 1976, s. 27 (w.e.f. 1-2-1977).
6. Subs. by s. 27, ibid., for “No suit shall be instituted” (w.e.f. 1-2-1977).
(b) to make a local investigation; 7. Subs. by Act 26 of 1963, s. 3, for “shall be instituted against the Government” (w.e.f. 5-6-1964). The words in italics were
subs. by the A.O. 1948, for “Instituted against the Crown”
(c) to examine or adjust accounts; or 8. Subs. by the A.O. 1937, for “in the case of the Secretary of State in Council, delivered to, or left at the office of a Secretary to
(d) to make a partition; the L.G. or the Collector of the District”.
9. Ins. by Act 6 of 1948, s. 2.
1
[(e) to hold a scientific, technical, or expert investigation; 10. Clause (aa) ins. by Act 6 of 1948, s. 2 and relattered as clause (b) and the Former clause (b) omitted by the A.O. 1948.
11. Ins. by Act 26 of 1963, s. 3 (w.e.f. 5-6-1964).
12. Subs. by s. 3, ibid., for “a State Government” (w.e.f. 5-6-1964).
13. The word “and” omitted by the A.O. 1948.
1. Ins. by Act 104 of 1976, s. 26 (w.e.f. 1-2-1977). 14. Clause (d) omitted ibid.

57 58

and, in the case of a public officer, delivered to him or left at his office, stating the cause of action, the 1
[SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS, AMBASSADORS AND ENVOYS]
name, description and place of residence of the plaintiff and the relief which he claims; and the plaint
shall contain a statement that such notice has been so delivered or left. 83. When aliens may sue.—Alien enemies residing in India with the permission of the Central
Government, and alien friends, may sue in any Court otherwise competent to try the suit, as if they were
1
[(2) A suit to obtain an urgent or immediate relief against the Government (including the citizens of India, but alien enemies residing in India without such permission, or residing in a foreign country,
Government of the State of Jammu and Kashmir) or any public officer in respect of any act purporting to shall not sue in any such Court.
be done by such public officer in his official capacity, may be instituted, with the leave of the Court, Explanation. —Every person residing in a foreign country, the Government of which is at war with India
without serving any notice as required by sub-section (1); but the Court shall not grant relief in the suit, and carrying on business in that country without a licence in that behalf granted by the Central Government,
whether interim or otherwise, except after giving to the Government or public officer, as the case may be, shall, for the purpose of this section, be deemed to be an alien enemy residing in a foreign country.
a reasonable opportunity of showing cause in respect of the relief prayed for in the suit: 84. When foreign States may sue.—A foreign State may sue in any competent Court:

Provided that the Court shall, if it is satisfied, after hearing the parties, that no urgent or immediate Provided that the object of the suit is to enforce a private right vested in the Ruler of such State or in
relief need be granted in the suit, return the plaint for presentation to it after complying with the any officer of such State in his public capacity.
requirements of sub-section (1). 85. Persons specially appointed by Government to prosecute or defend on behalf of foreign
Rulers.—(1) The Central Government may, at the request of the Ruler of a foreign State or at the request of
(3) No suit instituted against the Government or against a public officer in respect of any act any person competent in the opinion of the Central Government to act on behalf of such Ruler, by order,
purporting to be done by such public officer in his official capacity shall be dismissed merely by reason appoint any persons to prosecute or defend any suit on behalf of such Ruler, and any persons so appointed
of any error or defect in the notice referred to in sub-section (1), if in such notice— shall be deemed to be the recognized agents by whom appearances, acts and applications under this Code
may be made or done on behalf of such Ruler.
(a) the name, description and the residence of the plaintiff had been so given as to enable the (2) An appointment under this section may be made for the purpose of a specified suit or of several
appropriate authority or the public officer to identify the person serving the notice and such notice specified suits, or for the purpose of all such suits as it may from time to time be necessary to prosecute or
had been delivered or left at the office of the appropriate authority specified in sub-section (1), and defend on behalf of such Ruler.
(3) A person appointed under this section may authorise or appoint any other persons to make
(b) the cause of action and the relief claimed by the plaintiff had been substantially indicated.] appearances and applications and do acts in any such suit or suits as if he were himself a party thereto.
86. Suits against foreign Rulers, Ambassadors and Envoys.—(1) No. 2*** foreign State may be
81. Exemption from arrest and personal appearance.—In a suit instituted against a public officer sued in any Court otherwise competent to try the suit except with the consent of the Central Government
in respect of any act purporting to be done by him in his official capacity— certified in writing by a Secretary to that Government:
(a) the defendant shall not be liable to arrest nor his property to attachment otherwise than in Provided that a person may, as a tenant of immovable property, sue without such consent as aforesaid
execution of a decree, and, 3
[a foreign State] from whom he holds or claims to hold the property.
(2) Such consent may be given with respect to a specified suit or to several specified suits or with
(b) where the Court is satisfied that the defendant cannot absent himself from his duty without
respect to all suits of any specified class or classes, and may specify, in the case of any suit or class of
detriment to the public service, it shall exempt him from appearing in person. suits, the Court in which 4[the foreign State] may be sued, but it shall not be given, unless it appears to the
Central Government that 4[the foreign State]—
82. Execution of decree.—2[(1) Where, in a suit by or against the Government or by or against a
public officer in respect of any act purporting to be done by him in his official capacity, a decree is passed (a) has instituted a suit in the Court against the person desiring to sue 5[it], or
against the Union of India or a State or, as the case may be, the public officer, such decree shall not be
executed except in accordance with the provisions of sub-section (2).] (b) by 6[itself] or another, trades within the local limits of the jurisdiction of the Court, or

(2) Execution shall not be issued on any such decree unless it remains unsatisfied for the period of (c) is in possession of immovable property situate within those limits and is to be sued with reference to
three months computed from the date of 3[such decree]. such property or for money charged thereon, or
(d) has expressly or impliedly waived the privilege accorded to 5[it] by this section.
4
[(3) The provisions of sub-sections (1) and (2) shall apply in relation to an order or award as they 7[(3) Except with the consent of the Central Government, certified in writing by a Secretary to that
apply in relation to a decree, if the order or award— Government, no decree shall be executed against the property of any foreign State.]
(4) The preceding provisions of this section shall apply in relation to—
(a) is passed or made against 5[the Union of India] or a State or a public officer in respect of any
8[(a) any ruler of a foreign State;]
such act as aforesaid, whether by a Court or by any other authority; and

(b) is capable of being executed under the provisions of this Code or of any other law for the time
being in force as if it were a decree.] 1. Subs. by Act 2 of 1951, s. 12, for the former heading and sub-sections 83 to 87 (w.e.f. 1-4-1951).
2. The words “Ruler of a” omitted by Act 104 of 1976, s. 29 (w.e.f. 1-2-1977).
3. Subs. by s. 29, ibid., for “a Ruler” (w.e.f. 1-2-1977).
1. Ins. by Act 104 of 1976, s. 27 (w.e.f. 1-2-1977). 4. Subs. by s. 29, ibid., for “the Ruler (w.e.f. 1-2-1977).
2. Subs. by s. 28, ibid., for sub-section (1) (w.e.f. 1-2-1977). 5. Subs. by s. 29, ibid., for “him” (w.e.f. 1-2-1977).
3. Subs. by Act 104 of 1976, s. 28, for “such report” (w.e.f. 1-2-1977). 6. Subs. by Act 104 of 1976, s. 29, for “himself” (w.e.f. 1-2-1977).
4. Ins. by Act 32 of 1949, s. 2. 7. Subs. by s. 29, ibid., for sub-section (3) (w.e.f. 1-2-1977).
5. Subs. by the A.O. 1950, for “the Dominion of India”. 8. Ins. by s. 29, ibid. (w.e.f. 1-2-1977).

59 60
 1[(aa)] any Ambassador or Envoy of a foreign State; 1
[(b) “Commencement of the Constitution” means the 26th day of January, 1950; and
(b) any High Commissioner of a Commonwealth country; and (c) “Ruler”, in relation to a former Indian State, has the same meaning as in article 363 of the
Constitution. ]
(c) any such member of the staff 2[of the foreign State or the staff or retinue of the Ambassador] or
Envoy of a foreign State or of the High Commissioner of a Commonwealth country as the Central Government INTERPLEADER
may, by general or special order, specify in this behalf.
88. Where interpleader suit may be instituted.—Where two or more persons claim adversely to
3
[as they apply in relation to a foreign State]. one another the same debts, sum of money or other property, movable or immovable, from another
person, who claims no interest therein other than for charges or costs and who is ready to pay or deliver it
4[(5) The following persons shall not be arrested under this Code, namely: — to the rightful claimant, such other person may institute a suit of interpleader against all the claimants for
the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made and
(a) any Ruler of a foreign State; of obtaining indemnity for himself:
(b) any Ambassador or Envoy of a foreign State; Provided that where any suit is pending in which the rights of all parties can properly be decided, no
(c) any High Commissioner of a Commonwealth country; such suit of interpleader shall be instituted.

(d) any such member of the staff of the foreign State or the staff or retinue of the Ruler, Ambassador PART V
or Envoy of a foreign State or of the High Commissioner of a Commonwealth country, as the Central SPECIAL PROCEEDINGS
Government may, by general or special order, specify in this behalf.
ARBITRATION
(6) Where a request is made to the Central Government for the grant of any consent referred to in
2
subsection (1), the Central Government shall, before refusing to accede to the request in whole or in part, give [89. Settlement of disputes outside the Court.—(1) Where it appears to the Court that there exist
to the person making the request a reasonable opportunity of being heard.] elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of
settlement and give them to the parties for their observations and after receiving the observations of the
87. Style of foreign Rulers as parties to suits.—The Ruler of a foreign State may sue, and shall be sued, parties, the Court may reformulate the terms of a possible settlement and refer the same for:—
in the name of his State:
(a) arbitration;
Provided that in giving the consent referred to in section 86, the Central Government may direct that the
Ruler may be sued in the name of an agent or in any other name. (b) conciliation;

87A. Definitions of “Foreign State” and “Rulers”.— (1) In this Part,— (c) judicial settlement including settlement through Lok Adalat; or

(a) “foreign State” means any State outside India which has been recognised by the Central (d) mediation.
Government; and (2) Were a dispute has been referred—
(b) “Ruler”, in relation to a foreign State, means the person who is for the time being recognized by (a) for arbitration or conciliation, the provisions of the Arbitration and Conciliation
the Central Government to be the head of that State. Act, 1996 (26 of 1996) shall apply as if the proceedings for arbitration or conciliation were referred
(2) Every Court shall take judicial notice of the fact— for settlement under the provisions of that Act;

(a) that a State has or has not been recognized by the Central Government; (b) to Lok Adalat, the Court shall refer the same to the Lok Adalat in accordance with the provisions
of sub-section (1) of section 20 of the Legal Services Authority Act, 1987 (39 of 1987) and all other
(b) that a person has or has not been recognized by the Central Government to be the head of a State. provisions of that Act shall .apply in respect of the dispute so referred to the Lok Adalat;
SUITS AGAINST RULERS OF FORMER INDIAN STATES (c) for judicial settlement, the Court shall refer the same to a suitable institution or person and
such institution or person shall be deemed to be a Lok Adalat and all the provisions of the Legal
87B. Applications of sections 85 and 86 to Rulers of former Indian States.—5[(1) In the case of any Services Authority Act, 1987 (39 of 1987) shall apply as if the dispute were referred to a Lok Adalat
suit by or against the Ruler of any former Indian State which is based wholly or in part upon a cause of action under the provisions of that Act;
which arose before the commencement of the Constitution or any proceeding arising out of such suit, the
provisions of section 85 and sub-sections (1) and (3) of section 86 shall apply in relation to such Ruler as they (d) for mediation, the Court shall effect a compromise between the parties and shall follow such
apply in relation to the Ruler of a foreign State.] procedure as may be prescribed.]
SPECIAL CASE
(2) In this section—
90. Power to state case for opinion of Court.—Where any person agree in writing to state a case for
(a) “former Indian State” means any such Indian State as the Central Government may, by the opinion of the Court, then the Court shall try and determine the same in the manner prescribed.
notification in the Official Gazette, specify for the purposes of this ; 6***

1. Clause (a) re-lettered as clause (aa) by Act 104 of 1976, s. 29 (w.e.f. 1-2-1977).
2. Subs. by s. 29, ibid, for “or retinue of the Ruler, Ambassador” (w.e.f. 1-2-1977).
3. Subs. by s. 29, ibid, for “as they apply in relation to the Ruler of a foreign State” (w.e.f. 1-2-1977).
4. Ins. by s. 29, ibid. (w.e.f. 1-2-1977).
5. Subs. by Act 54 of 1972, s. 3, for sub-section (1) (w.e.f. 9-9-1972). 1. Subs. by Act 54 of 1972, s. 3, for clause (b) (w.e.f. 9-9-1972).
6. The word “and” omitted by s. 3, ibid. (w.e.f. 9-9-1972). 2. Ins. by Act 46 of 1999, s. 7 (w.e.f. 1-7-2002), Earlier rep by Act 10 of 1940, s. 49 or the Third Schedule.

61 62

1
[PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC] (b) where the original purposes of the trust provide a use for a part only of the property available by
virtue of the trust; or
91. Public nuisances and other wrongful acts affecting the public.—2[(1) In the case of a public
nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction (c) where the property available by virtue of the trust and other property applicable for similar
or for such other relief as may be appropriate in the circumstances of the case, may be instituted,— purposes can be more effectively used in conjunction with, and to that end can suitably be made
applicable to any other purpose, regard being had to the spirit of the trust and its applicability to common
(a) by the Advocate-General, or purposes; or
(b) with the leave of the Court, by two or more persons, even though no special damage has been (d) where the original purposes, in whole or in part, were laid down by reference to an area which then
caused to such persons by reason of such public nuisance or other wrongful act.] was, but has since ceased to be, a unit for such purposes; or
(2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may (e) where the original purposes, in whole or in part, have, since they were laid down:—
exist independently of its provisions.
(i) been adequately provided for by other means, or
3
92. Public charities.—(1) In the case of any alleged breach of any express or constructive trust (ii) ceased, as being useless or harmful to the community, or
created for public purposes of a charitable or religious nature, or where the direction of the Court is
deemed necessary for the administration of any such trust, the Advocate-General, or two or more persons (iii) ceased to be, in law, charitable, or
having an interest in the trust and having obtained the 4[leave of the Court,] may institute a suit, whether (iv) ceased in any other way to provide a suitable and effective method of using the property
contentious or not, in the principal Civil Court of original jurisdiction or in any other Court empowered in available by virtue of the trust, regard being had to the spirit of the trust.]
that behalf by the State Government within the local limits of whose jurisdiction the whole or any part of
the subject-matter of the trust is situate to obtain a decree :— 93. Exercise of powers of Advocate-General outside presidency-towns.—The powers conferred by
sections 91 and 92 on the Advocate-General may, outside the presidency-towns, be, with the previous
(a) removing any trustee; sanction of the State Government, exercised also by the Collector or by such officer as the State
(b) appointing a new trustee; Government may appoint in this behalf.
(c) vesting any property in a trustee; PART VI
5 SUPPLEMENTAL PROCEEDINGS
[(cc) directing a trustee who has been removed or a person who has ceased to be a trustee, to
deliver possession of any trust property in his possession to the person entitled to the possession of 94. Supplemental proceedings.—In order to prevent the ends of justice from being defeated the
such property]; Court may, if it is so prescribed, —
(d) directing accounts and inquiries; (a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should
not give security for his appearance, and if he fails to comply with any order for security commit him to
(e) declaring what proportion of the trust property or of the interest therein shall be allocated to the civil prison;
any particular object of the trust;
(b) direct the defendant to furnish security to produce any property belonging to him and to place
(f) authorizing the whole or any part of the trust property to be let, sold, mortgaged or exchanged; the same at the disposal of the Court or order the attachment of any property;
(g) settling a scheme; or (c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to
the civil prison and order that his property be attached and sold;
(h) granting such further or other relief as the nature of the case may require.
(d) appoint a receiver of any property and enforce the performance of his duties by attaching and
(2) Save as provided by the Religious Endowments Act, 1863 (XX of 1863), 6[or by any selling his property;
corresponding law in force in 7[the territories which, immediately before the 1st November, 1956, were
comprised in Part B States]], no suit claiming any of the reliefs specified in sub-section (1) shall be (e) make such other interlocutory orders as may appear to the Court to be just and convenient.
instituted in respect of any such trust as is therein referred to except in conformity with the provisions of 95. Compensation for obtaining arrest, attachment or injunction on insufficient
that sub-section. grounds.—(1) Where, in any suit in which an arrest or attachment has been effected or a temporary
8 injunction granted under the last preceding section,—
[(3) The Court may alter the original purposes of an express or constructive trust created for public
purposes of a charitable or religious nature and allow the property or income of such trust or any portion (a) it appears to the Court that such arrest, attachment or injunction was applied for on insufficient
thereof to be applied cy pres in one or more of the following circumstances, namely:— grounds, or
(a) where the original purposes of the trust, in whole or in part:— (b) the suit of the plaintiff fails and it appears to the Court that there was no reasonable or probable
grounds for instituting the same,
(i) have been, as far as may be, fulfilled; or
the defendant may apply to the Court, and the Court may, upon such application, award against the
(ii) cannot be carried out at all, or cannot be carried out according to the directions given in plaintiff by its order such amount 1[not exceeding fifty thousand rupees], as it deems a reasonable
the instrument creating the trust or, where there is no such instrument, according to the spirit of compensation to the defendant for the 2[expense or injury (including injury to reputation) caused to him]:
the trust; or Provided that a Court shall not award, under this section an amount exceeding the limits of its pecuniar
jurisdiction.
(2) An order determining any such application shall bar any suit for compensation in respect of such
1. Subs. by Act 104 of 1976, s. 30, for the former headings (w.e.f. 1-2-1977). arrest, attachment or injunction.
2. Subs. by s. 30, ibid., for sub-section (1) (w.e.f. 1-2-1977).
3. S. 92 shall not apply to any religious trust in Bihar, see Bihar Act 1 of 1951.
4. Subs. by Act 104 of 1976, s. 31, for “consent in writing of the Advocate-General” (w.e.f. 1-2-1977).
5. Ins. by Act 66 of 1956, s. 9 (w.e.f. 1-1-1957).
6. Ins. by Act 2 of 1951, s. 13 (w.e.f. 1-4-1951).
7. Subs. by the A.O. (No. 2), 1956, for “a Part B State”. 1. Subs. by Act 46 of 1999, s. 8, for “not exceeding one thousand rupees” (w.e.f. 1-7-2002).
8. Ins. by Act 104 of 1976, s. 31 (w.e.f. 1-2-1977). 2. Subs. by Act 104 of 1976, s. 32, for “expense or injury caused to him” (w.e.f. 1-2-1977).

63 64
 PART VII other law for the time being in force, an appeal shall lie to the High Court from every decree passed in
appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a
APPEALS
substantial question of law.
APPEALS FROM ORIGINAL DECREES
(2) An appeal may lie under this section from an appellate decree passed ex parte.
96. Appeal from original decree.—(1) Save where otherwise expressly provided in the body of this
Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any (3) In an appeal under this section, the memorandum of appeal shall precisely state the substantial
Court exercising original jurisdiction the Court authorized to hear appeals from the decisions of such Court. question of law involved in the appeal.
(2) An appeal may lie from an original decree passed ex parte. (4) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall
formulate that question.
(3) No appeal shall lie from a decree passed by the Court with the consent of parties.
1
(5) The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of
[(4) No appeal shall lie, except on a question of law, from a decree in any suit of the nature the appeal, be allowed to argue that the case does not involve such question:
cognisable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit
does not exceed 2[ten thousand rupees.]] Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the
Court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not
97. Appeal from final decree where no appeal from preliminary decree.—Where any party formulated by it, if it is satisfied that the case involves such question.]
aggrieved by a preliminary decree passed after the commencement of this Code does not appeal from such
decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from STATE AMENDMENT
the final decree.
Kerala.
98. Decision where appeal heard by two or more Judges.—(1) Where an appeal is heard by a Bench
of two or more Judges, the appeal shall be decided in accordance with the opinion of such Judges or of the In sub-section (1) of section 100 of the Principal Act, after clause (c), the following clause shall be
majority (if any) of such Judges. added, namely:

(2) Where there is no such majority which concurs in a judgment varying or reversing the decree (d) the finding of the lower appellate court on any question of fact material to the right decision of the
appealed from, such decree shall be confirmed : case on the merits being in conflict with the finding of the Court of first instance on such question.
3
Provided that where the Bench hearing the appeal is [composed of two or other even number of [Vide Kerala Act 13 of 1957 sec. 4.]
Judges belonging to a Court consisting of more Judges than those constituting the Bench] and the Judges 1
[100A. No further appeal in certain cases.—Notwithstanding anything contained in any Letters Patent
composing the Bench differ in opinion on a point of law, they may state the point of law upon which they for any High Court or in any instrument having the force of law or in any other law for the time being in force,
differ and the appeal shall then be heard upon that point only by one or more of the other Judges, and where any appeal from an original or appellate decree or order is heard and decided by a Single Judge of a
such point shall be decided according to the opinion of the majority (if any) of the Judges who have heard High Court, no further appeal shall lie from the judgment and decree of such Single Judge.]
the appeal, including those who first heard it.
4
101. Second appeal on no other grounds.—No second appeal shall lie except on the ground
[(3) Nothing in this section shall be deemed to alter or otherwise affect any provision of the letters to mentioned in section 100.
patent of any High Court.]
2
[102. No second appeal in certain cases.—No second appeal shall lie from any decree, when the
99. No decree to be reversed or modified for error or irregularity not affecting merits or subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.]
jurisdiction.—No decree shall be reversed or substantially varied, nor shall any case be remanded, in appeal
3
on account of any misjoinder 5[or non-joinder] of parties or causes of action or any error, defect or irregularity [103. Power of High Court to determine issue of fact.—In any second appeal, the High Court
in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the Court: may, if the evidence on the record is sufficient, determine any issue necessary for the disposal of the
6
appeal,—
[Provided that nothing in this section shall apply to non-joinder of a necessary party.]
7
(a) which has not been determined by the lower Appellate Court or both by the Court of first
[99A. No order under section 47 to be reversed or modified unless decision of the case is instance and the lower Appellate Court, or
prejudicially affected.—Without prejudice to the generality of the provisions of section 99, no order under
section 47 shall be reversed or substantially varied, on account of any error, defect or irregularity in any (b) which has been wrongly determined by such Court or Courts by reason of a decision on such
proceeding relating to such order, unless such error, defect or irregularity has prejudicially affected the decision question of law as is referred to in section 100.]
of the case.] APPEALS FROM ORDERS
APPEALS FROM APPELLATE DECREES 104. Orders from which appeal lies.—(1) An appeal shall lie from the following orders, and save as
8
[100. Second appeal.—(1) Save as otherwise expressly provided in the body of this Code or by any otherwise expressly provided in the body of this Code or by any law for the time being in force, from no
other orders:—
4
* * * * *
5
1. Ins. by Act 104 of 1976, s. 33 (w.e.f. 1-2-1977). [(ff) an order under section 35A;]
2. Subs. by Act 46 of 1999, s. 9, for “three thousand rupees” (w.e.f. 1-7-2002).
3. Subs. by Act 104 of 1976, s. 34, for certain words (w.e.f. 1-2-1977).
4. Ins. by Act 18 of 1928, s. 2 and the First Schedule.
5. Ins. by Act 104 of 1976, s. 35 (w.e.f. 1-2-1977). 1. Subs. by Act 22 of 2002, s. 4, for section 100 A (w.e.f 1-7-2002).
6. Proviso Added by s. 35, ibid. (w.e.f. 1-2-1977). 2. Subs. by s. 5, ibid., for section 102 (w.e.f. 1-7-2002).
7. Ins. by s. 36, ibid. (w.e.f. 1-2-1977). 3. Subs. by Act 104 of 1976, s. 40, for section 103 (w.e.f. 1-2-1977).
8. Subs. by s. 37, ibid., for section 100 (w.e.f. 1-2-1977). 4. Clauses (a) to (f) omitted by Act 10 of 1940, s. 49 and the Third Schedule.
5. Ins. by Act 9 of 1922, s. 3, see also foot-note to section 35A, Supra.

65 66

1
[(ffa) an order under section 91 or section 92 refusing leave to institute a suit of the nature from the Courts of India, and to the provisions hereinafter contained, an appeal shall lie to the Supreme Court
referred to in section 91 or section 92, as the case may be;] from any judgment, decree or final order in a civil proceeding of a High Court, if the High Court certifies—
(g) an order under section 95; (i) that the case involves a substantial question of law of general importance; and
(ii) that in the opinion of the High Court the said question needs to be decided by the Supreme
(h) an order under any of the provisions of this Code imposing a fine or directing the arrest or Court.]
detention in the civil prison of any person except where such arrest or detention is in execution of a
decree; 110. [Value of subject matters.] omitted by the Code of Civil Procedure (Amendment) Act, 1973 (49 of
1973), s. 3 (w.e.f. 29-11-1973).
(i) any order made under rules from which an appeal is expressly allowed by rules:
111. [Bar of certain appeals.] omitted by the A.O. 1950.
5
[Provided that no appeal shall lie against any order specified in clause (ff) save on the ground 1
[111A. [Appeals to Federal Court] Rep. by the Federal Court Act, 1941 (21 of 1941), s. 2 (w.e.f. 1-9-
that no order, or an order for the payment of a less amount, ought to have been made.] 1942).
(2) No appeal shall lie from any order passed in appeal under this section. 112. Savings.—2[(1) Nothing contained in this Code shall be deemed—

105. Other orders.—(1) Save as otherwise expressly provided, no appeal shall lie from any order (a) to affect the powers of the Supreme Court under article 136 or any other provision of the
made by a Court in the exercise of its original or appellate jurisdiction; but where a decree is appealed Constitution; or
from, any error, defect or irregularity in any order, affecting the decision of the case, may be set forth as a (b) to interfere with any rules made by the Supreme Court, and for the time being in force for the
ground of objection in the memorandum of appeal. presentation of appeals to that Court, or their conduct before that Court.]
(2) Notwithstanding anything contained in sub-section (1), where any party aggrieved by an order of (2) Nothing herein contained applies to any matter of criminal or admiralty or vice-admiralty
remand 2*** from which an appeals lies does not appeal therefrom, he shall thereafter be precluded from jurisdiction or to appeals from orders and decrees of Prize Courts.
disputing its correctness.
PART VIII
106. What Courts to hear appeals.—Where an appeal from any order is allowed it shall lie to the Court REFERENCE, REVIEW AND REVISION
to which an appeal would lie from the decree in the suit in which such order was made, or where such order is
113. Reference to High Court.—Subject to such conditions and limitations as may be prescribed,
made by a Court (not being a High Court) in the exercise of appellate jurisdiction, then to the High Court.
any Court may state a case and refer the same for the opinion of the High Court, and the High Court may
GENERAL PROVISIONS RELATING TO APPEALS make such order thereon as it thinks fit:
3
[Provided that where the Court is satisfied that a case pending before it involves a question as to the
107. Powers of Appellate Court.—(1) Subject to such conditions and limitations as may be validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or
prescribed, an Appellate Court shall have power— Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that
such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the
(a) to determine a case finally; High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case
setting out its opinion and the reasons therefor, and refer the same for the opinion of the High Court.
(b) to remand a case;
Explanation.—In this section, “Regulation” means any Regulation of the Bengal, Bombay or Madras
(c) to frame issues and refer them for trial; Code or Regulation as defined in the General Clauses Act,1897, (10 of 1897) or in the General Clauses
Act of a State.]
(d) to take additional evidence or to require such evidence to be taken.
114. Review.—Subject as aforesaid, any person considering himself aggrieved—
(2) Subject as aforesaid, the Appellate Court shall have the same powers and shall perform as nearly
as may be the same duties as are conferred and imposed by this Code on Courts of original jurisdiction in
(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal
respect of suits instituted therein.
has been preferred.
108. Procedure in appeals from appellate decrees and orders.—The provisions of this Part
relating to appeals from original decrees shall, so far as may be, apply to appeals— (b) by a decree or order from which no appeal is allowed by this Code, or

(a) from appellate decrees, and (c) by a decision on a reference from a Court of Small Causes,

(b) from orders made under this Code or under any special or local law in which a different may apply for a review of judgment to the Court which passed the decree or made the order, and the
procedure is not provided. Court may make such order thereon as it thinks fit.

APPEALS TO THE SUPREME COURT 115. Revision.—4[(1)] The High Court may call for the record of any case which has been decided by
any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate
3
[109. When appeals lie to the Supreme Court.—Subject to the provisions in Chapter IV of Part V of Court appears—
the Constitution and such rules as may, from time to time, be made by the Supreme Court regarding appeals

1. Ins. by the A.O. 1937.

1. Ins. by Act 104 of 1976, s. 41 (w.e.f. 1-2-1977). 2. Subs. by the A.O. 1950, for the former sub-section (1).
2. Words “made after the commencement of this Code” omitted by, s. 42, ibid., (w.e.f. 1-2-1977). 3. Added by Act 24 of 1951, s. 2 (w.e.f. 1-4-1951).
3. Subs. by Act 49 of 1973, s. 2, for section 109 (w.e.f. 29-11-1973). 4. Section 115 re-numbered as sub-section (1) by Act 104 of 1976, s. 43 (w.e.f. 1-2-1977).

67 68
 Explanation—In this section, the expression “ any case which has been decided” includes any
(a) to have exercised a jurisdiction not vested in it by law, or order deciding an issue in the course of a suit or other proceeding.”.
(b) to have failed to exercise a jurisdiction so vested, or 3. Saving.—The amendment made by this Act shall not affect the validity, invalidity, effect or
consequence of anything already done or suffered, or any jurisdiction already exercised, and any
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, proceeding instituted or commenced in the High Court under section 115 of the Code of Civil Procedure,
the High Court may make such order in the case as it thinks fit: 1908 (5 of 1908) prior to the commencement of this Act shall, notwithstanding such amendment, continue
to be heard and decided by such Court.
1
[Provided that the High Court shall not, under this section, vary or reverse any order made, or any order
deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in [Vide the Orissa Act 26 of 1991, s. 2]
favour of the party applying for revision would have finally disposed of the suit or other proceedings.]
2 Amendment of section 115.—In the Code of Civil Procedure, 1908 (5 of 1908), for section 115, the
[(2) The High Court shall not, under this section, vary or reverse any decree or order against which
an appeal lies either to the High Court or to any Court subordinate thereto. following section shall be substituted, namely:—
3
[(3) A revision shall not operate as a stay of suit or other proceeding before the Court except where 115. Revision.—(1) The High Court, in cases arising out of original suits or other proceedings of the
such suit or other proceeding is stayed by the High Court.] value exceeding five lakhs rupees and the District Court, in any other cases, including a case arising out
of an original suit or other proceedings instituted before the commencement of the Code of Civil
Explanation.—In this section, the expression “any case which has been decided” includes any order
Procedure ( Orissa Amendment) Act, 2010, may call for the record of any case which has been decided
made, or any order deciding an issue in the course of a suit or other proceeding.]
by any Court subordinate to the High Court or the District Court, as the case may be, and in which no
STATE AMENDMENTS appeal lies thereto, and if such subordinate Court appears—
Orrisa (a) to have exercised a jurisdiction not vested in it by law; or
Amendment of section 115.—In the Code of Civil Procedure, 1908 (5 of 1908) for section 115, the (b) to have failed to exercise a jurisdiction so vested; or
following section shall be substituted, namely:—
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity,
115. Revision.—The High Court, in cases arising out of original suits or other proceedings of the
value exceeding one lakh rupees, and the District Court, in any other case including a case arising out of the High Court or the District Court, as the case may be, may make such order in the case as it thinks fit:
an original suit or other proceedings instituted before the commencement of the Code of Civil Procedure Provided that in respect of cases arising out of original suits or other proceedings of any valuation
( Orissa Amendment) Act, 1991, may call for the record of any case which has been decided by any decided by the District Court, the High Court alone shall be competent to make an order under this
Court subordinate to the High Court or the District Court, as the case may be, and in which no appeal section.
lies thereto, and if such subordinate Court appears—
(2) The High Court or the District Court, as the case may be, shall not under this section, vary or
(a) to have failed to exercised a jurisdiction not vested in it by law; or reverse any order, including an order deciding an issue, made in the course of a suit or other proceedings,
(b) to have failed to exercise a jurisdiction so vested; or except where the order, if it had been made in favor of the party applying for revision, would have finally
disposed of the suit or other proceedings.
(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity;
(3) A revision shall not operate as a stay of suit or other proceeding before the Court except where
the High Court or the District Court, as the case may be, may make such order in the case as it thinks fit: such suit or other proceeding is stayed by the High Court or District Court, as the case may be.

Provided that in respect of cases arising out of original suits, or other proceedings of any valuation Explanation—In this section, the expression, “any case which has been decided” includes any order
decided by the District Court, the High Court alone shall be competent to make an order under this deciding an issue in the course of a suit or other proceeding.”.
section: [Vide the Orissa Act 14 of 2010, s. 2]
Provided further that the High Court or the District Court shall not, under this section, vary or reverse Uttar Pradesh
any order, including an order deciding an issue, made in the course of a suit or other proceedings, except Amendment of section 115 of Act V of 1908.—In section 115 of the said Code—
(i) for the words “High Court”, wherever occurring, the words “High Court or District Court” shall be
where—
substituted; and
(i) the order, if so varied or reversed, would finally dispose of the suit or other proceedings; or (ii) the following proviso thereto shall be inserted at the end, namely:--
“Provide that nothing in this section shall be construed to empower the District Court to call for
(ii) the order, if allowed to stand, would occasion a failure of justice or cause irreparable injury the record of any case arising out of an original suit of the value of twenty thousand rupees or above,”.
to the party against whom it was made. [Vide Uttar Pradesh Act 14 of 1970, s. 3]

1. Subs. by Act 46 of 1999, s.12, for “proviso” (w.e.f. 1-7-2002). Uttar Pradesh
2. Ins. by Act 104 of 1976, s. 43 (w.e.f 1-2-1977).
3. Ins. by Act 46 of 1999, s.12 (w.e.f. 1-7-2002).
Substitution of new section for section 115 of 5 of 1908.— For section 115 of the Code of Civil

69 70

Procedure, 1908, as amended in its application to Uttar Pradesh (hereinafter in this such order in the case as it thinks fit ;
Chapter referred to as the said Code), the following section shall be substituted namely :— Provided that in respect of cases arising out of original suits or other
“115. Revision.—The High Court in cases arising out of original suits of the proceedings of any valuation, decided by the District Court, the High Court
value of rupees twenty thousand and above including such suits instituted before the alone shall be competent to make an order under this section ;

20th day of September, 1972, and the District Court in any other case, including a Provided further that the High Court or the District Court shall no
case arising out of an original suit instituted before the 20th day of September, 1972, under his section, vary or reverse any order including an order deciding an
may call for the record of any case which has been decided by any court subordinate to issue, made in the course of a suit or other proceeding, except where, —

such High Court or District Court, as the case may be, and in which no appeal (1) the order, if so varied or reversed, would finally dispose of the suit or
lies thereto, and if such subordinate court appears; other proceeding ; or

(a) to have to jgh exercised a jurisdiction not vested in it by law, or (ii) the order, if allowed to stand, would occasion a failure of justice or
cause irreparable injury to the party against whom it was made.
(b) to have failed to exercise a jurisdiction so vested, or
Explanation — In this section, the expression ‘any case which has been decided’
(c) to have acted in the exercise of its jurisdiction illegally or with material includes any order deciding an issue in the course of a suit of other Proceeding.”
irregularity,
[Vide Uttar Pradesh Act 31 of 1978, s. 3]
the High Court or the District Court, as the case may be, may make such order in the
case as it thinks fit; Uttar Pradesh
Provided that in respect of cases decided before the 20th day of September, 1972, and also all cases arising Amendment of section 115 of Act no. 5 of 1908.—In section 115 of the Code of
out of original suits of any valuation decided by the District Court, the High Court alone shall be competent to Civil Procedure, 1908, hereinafter int his Chapter referred to as the said Code,--
make a order under this section.” (a) for the words “of the value of the twenty thousand rupees and above including
[Vide Uttar Pradesh Act 19 of 1973, s. 2] such suits or other proceedings instituted before August 1, 1978” the following words
Amendment of section 115 of Act V of 1908.— In section 115 of the Code of Civil shall be substituted, namely —
Procedure, 1908 as amended in its application to Uttar Pradesh, hereinafter referred to as
“of the value exceeding one lakh rupees or such higher amount not exceeding
the said Code :—
five lakh rupees as the High Court may from time to time fix, by notification
(i) for the words “the High Court or District Court”, where they first occur, the
published in the official Gazette including such suits or other proceedings instituted
words “the High Court in cases arising out of original suits of the values of twenty
thousand rupees and above, and the District Court in any other case” shall be before the date of commencement of the Uttar Pradesh Civil Laws (Amendment)
substituted and after the words “High Court or District Court” where they occur the Act, 1991, or as the case may be, the date of commencement of such notification.” ;
second time, the commas and words, “as the case may be”, shall be inserted; (b) after the second proviso, the following proviso shall be inserted,
(ii) the proviso shall be omitted. namely ;
[Vide Uttar Pradesh Act 37 of 1972, s. 6] “Provided also that where a proceeding of the nature in which the District
Uttar Pradesh Court may call for the record and pass orders under this section was pending
immediately before the relevant date of commencement referred to above, in the High
Substitution of section 115.— For section 115 of the said Code, the following section
Court, such court shall proceed to dispose of the same.”
shall be substituted, namely :—
[Vide Uttar Pradesh Act 17 of 1991, s. 7]
“115. Revision.-- The High Court, in cases arising out of original suits or other proceedings Substitution of section 115 of Act no. 5 of 1908.— For section 115 of the Code of Civil
of the value of twenty thousand rupees and above, including such suits or other proceedings Procedure, 1908, hereinafter referred to as the principal Act, the following section shall be
instituted before August 1, 1978, and the District Court in any other case, including a case substituted and be deemed to have been substituted with effect from July 1, 2002, namely :—
arising out of an original suit or other proceedings instituted before such date, may call for
“115. Revision (1) A superior court may revise an order passed in a case decided in an original suit
the record of any case which has been decided by any court subordinate to such High Court or other proceeding by a subordinate court where no appeal lies against the order
or District Court as the case may be, and in which no appeal lies thereto, and if such and where the subordinate court has —
subordinate court appears —
(a) exercised a jurisdiction not vested in it by law ; or
(a) to have exercised a jurisdiction not vested in it by law ; or
(b) failed to exercise a jurisdiction so vested ; or
(b) to have failed to exercise a jurisdiction so vested ; or
(c) acted in exercise of its jurisdiction illegally or with material irregularity.
(c) to have acted in the exercise of its jurisdiction illegally or with material
irregularity ; (2) A revision application under sub-section (1), when filed in the High Court,
shall contain a certificate on the first page of such application, below the title of the case,
the High Court or the District Court, as the case may be, may make to the effect that no revision in the case lies to the district court but lies only to the High

71 72
 Court either because of valuation or because the order sought to be revised was passed by 120. Provisions not applicable to High Court in original civil jurisdiction.—(1) The following
the district court. provisions shall not apply to the High Court in the exercise of its original civil jurisdiction, namely,
(3) The superior court shall not, under this section, very or reverse any order made sections 16, 17 and 20.
except where, — 1
* * * * *
(i) the order, if it had been made in favour of the party applying for revision,
would have finally disposed of the suit or other proceeding PART X
; or
RULES
(ii) the order, if allowed to stand, would occasion a failure of justice or cause
irreparable injury to the party against whom it is made. 121. Effect of rules in First Schedule.—The rules in a First Schedule shall have effect as if enacted
(4) A revision shall not operate as a stay of suit or other proceeding before the in the body of this Code until annulled or altered in accordance with the provisions of this Part.
court except where such suit or other proceeding is stayed by the superior court. 122. Power of certain High Courts to make rules.—2[High Courts 3[not being the Court of a
Explanation — I In this section,— Judicial Commissioner]] 4*** may, from time to time after previous publication, make rules regulating
their own procedure and the procedure of the Civil Courts subjects to their superintendence, and may by
(i) the expression ‘superior court’ means —
such rules annul, alter or add to all or any of the rules in the First Schedule.
(a) the district court, where the valuation of a case decided by a court subordinate
to it does not exceed five lakh rupees ;
123. Constitution of Rules Committees in certain States.—(1) A Committee, to be called the Rule
Committee, shall be constituted at 5[the town which is the usual place of sitting of each of the High Courts
(b) the High Court, where the order sought to be revised was passed in a case 6
*** referred to in section 122].
decided by the district court or where the value of the original suit or other proceedings
in a case decided by a court subordinate to the district court exceed five lakh rupees ; (2) Each such Committee shall consist of the following persons, namely:—
(ii) the expression ‘order’ includes an order deciding an issue in any original (a) three Judges of the High Court established at the town at which such Committee is constituted,
suit or other proceedings. one of whom at least has served as a District Judge or 7*** a Divisional Judge for three years,
Explanation —II. The provisions of this section shall also be applicable to orders 8
[(b) two legal practitioners enrolled in that Court,]
passed, before or after the commencement of this section, in original suits or other
9
proceedings instituted before such commencement.” [(c) a Judge of a Civil Court subordinate to the High Court, 10***
[Vide Uttar Pradesh Act 14 of 2003, s. 2] * 11
* * * *
PART IX (3) The members of each Committee shall be appointed by the 12[High Court], which shall also
nominate one of their number to be President:
SPECIAL PROVISIONS RELATING TO THE 1[HIGH COURTS 2[NOT BEING THE COURT OF A 13
* * * * *
JUDICIAL COMMISSIONER ]
(4) Each member of any such Committee shall hold office for such period as may be prescribed by
116. Part to apply only to certain High Courts.—This Part applies only to High Courts 7[not being the 8[High Court] in this behalf; and whenever any member retires, resigns, dies or ceases reside in the
the court of a Judicial Commissioner]. State in which the Committee was constituted, or becomes incapable of acting as a member of the
Committee, the said 8[High Court] may appoint another person to be a member in his stead.
117. Application of Code to High Courts.—Save as provided in this Part or in Part X or in rules, the (5) There shall be a secretary to each such Committee, who shall be appointed by the 8[High Court]
provisions of this Court shall apply to such High Courts. and shall receive such remuneration as may be provided in this behalf 14[by the State Government].
STATE AMENDMENTS
118. Execution of decree before ascertainment of costs.—Where any such High Court considers it Assam.—
necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before For clause (a) of sub-section (2) of section 123 the following shall be substituted—
the amount of the costs incurred in the suit can be ascertained by taxation, the Court may order that the
decree shall be executed forthwith, except as to so much thereof as relates to the costs;
1. Sub-section (2) rep. by Act 3 of 1909, s. 127 and the Third Sch.
and, as to so much thereof as relates to the costs, that the decree may be executed as soon as the 2. Subs. by the A.O. 1950, for “Courts which ar e High Courts for the purposes of the Government of India Act, 1935”.
amount of the costs shall be ascertained by taxation. 3. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “for Part A States and Part B States”. The words in italics were ins. by Act
2 of 1951, s. 15 (w.e.f. 1-4-1951).
4. The words “and the Chief Court of Lower Burma” rep. by Act 11 of 1923, s. 3 and the Second Sch edule.
119.Unauthorized persons not to address Court.—Nothing in this Code shall be deemed to authorize 5. Subs. by Act 13 of 1916, s. 2 and the Schedule, for “each of the towns of Calcutta, Madras, Bombay, Allahabad,
any person on behalf of another to address the Court in the exercise of its original civil jurisdiction, or to Lahore and Rangoon”.
examine witnesses, except where the Court shall have in the exercise of the power conferred by its charter 6. The words “and of the Chief Court” omitted by the Act 11 of 1923, s. 3 and the Second Schedule. These words were again ins. by Act
32 of 1925, and subsequently omitted by the A.O. 1948.
authorized him so to do, or to interfere with the power of the High Court to make rules concerning 7. The brackets and words “(in Burma)” rep. by Act 11 of 1923, s. 3 and the Second Schedule.
advocates, vakils and attorneys. 8. Subs. by Act 2 of 1951, s. 16, for clauses (b) and (c).
9. Clauses (d) and (e) re-lettered as clauses (c) and (d) respectively by s. 16, ibid. (w.e.f. 1-4-1961).
10. The word “and ” omitted by Act 38 of 1978, s. 3 and the Second Sch edule (w.e.f. 26-11-1978).
11. Clause (d) omitted by s. 3, ibid. and the Second Schedule.
12. Subs. by Act 104 of 1976, s. 44, for “Chief Justice or Chief Judge” (w.e.f. 1-2-1977).
1. Subs. by Act 2 of 1951, s. 14, for “CHARTERED HIGH COURTS”. 13. Proviso omitted by s. 44, ibid. (w.e.f. 1-2-1977).
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956 for “For Part A States and Part B States”. 14. Subs. by the A.O. 1937, for “by the G.G. in C. or by the L.G., as the case may be”.

73 74

“(a) three Judges of the High Court established at the town at which such Committee is constituted, on a contract express or implied; or on an enactment where the sum sought to be recovered is a
provided that the Chief Justice may appoint only two Judges of the High Court on the Committee if the fixed sum of money or in the nature of a debt other than a penalty; or
number of Judges of the High Court does not exceed three.” on a guarantee, where the claim against the principal is in respect of a debt or a liquidated demand
[Vide Assam Act 8 of 1953, sec. 2.] only; or on a trust; or
(ii) in suits for the recovery of immovable property, with or without a claim for rent or mesne profits,
Tamil Nadu
by a landlord against a tenant whose term has expired or has been duly determined by notice to quit, or has
Amendment of section 123, Central Act V of 1908.—In section (2) of section 123 of the Code of become liable to forefeiture for non-payment of rent, or against persons claiming under such tenant;
Civil Procedure, 1908 ( Central Act V of 1908),- (g) procedure by way of originating summons;
(a) in clause (b), for the words “two legal practitioners”, the words “three legal practitioners” (h) consolidation of suits, appeals and other proceedings;
shall be substituted.
(i) delegation to any Registrar, Prothonotary or Master or other official of the Court of any
(b) in clause (d), the word “Madras” shall be omitted. judicial, quasi-judicial and non judicial duties; and
[Vide Tamil Nadu Act 15 of 1970, s. 2] (j) all forms, registers, books, entries and accounts which may be necessary or desirable for the
124. Committee to report to High Court.—Every Rule Committee shall make a report to the High transaction of the business of Civil Courts.
Court established at the town at which it is constituted on any proposal to annul, alter or add to the rules 129. Power of High Courts to make rules as to their original Civil procedure.—Notwithstanding
in the First Schedule or to make new rules, and before making any rules under section 122 the High Court anything in this Code, any High Court 1[not being the Court of a Judicial Commissioner] may make such
shall take such report into consideration. rules not inconsistent with the Letters Patent 2[or order] 3[or other law] establishing it to regulate its own
125. Power of other High Courts to make rules.—High Courts, other than the Courts procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing herein contained
specified in section 122, may exercise the powers conferred by that section in such manner and shall affect the validity of any such rules in force at the commencement of this Code.
subject to such conditions 1[as 2[the State Government] may determine:] 4
[130. Powers of other High Courts to make rules as to matters other than procedure.—A High
Provided that any such High Court may, after previous publication, make a rule extending within the Court 5[not being a High Court to which section 129 applies] may, with the previous approval of the State
local limits of its jurisdiction any rules which have been made by any other High Court. Government, make with respect to any matter other than procedure any rule which a High Court 6[for a
3 7
[126. Rules to be subject to approval.—Rules made under the foregoing provisions shall be subject to *** State] might under 8[article 227 of the Constitution] make with respect to any such matter for any
the previous approval of the Government of the State in which the Court whose procedure the rules regulate part of the territories under its jurisdiction which is not included within the limits of a presidency town.]
is situate or, if that Court is not situate in any State, to the previous approval of 4[Central Government.]]
127. Publication of rules.—Rules so made and 5[approved] shall be published in the 6[Official Gazette], and
131. Publication of rules.—Rules made in accordance with section 129 or section 130 shall be
shall from the date of publication or from such other date as may be specified have the same force and effect, within published in the 9[Official Gazette] and shall from the date of publication or from such other date as may
the local limits of the jurisdiction of the High Court which made them, as if they had been contained in the First be specified have the force of law.
Schedule. PART XI
128. Matters for which rules may provide.—(1) Such rules shall be not inconsistent with the provisions in the
body of this code, but, subject thereto, may provide for any matters relating to the procedure of Civil Courts. MISCELLANEOUS
(2) In particular, and without prejudice to the generality of the powers conferred by sub-section (1), 132. Exemption of certain women from personal appearance.—(1) Women who, according to the
such rules may provide for all or any of the following matters, namely:— customs and manners of the country, ought not to be compelled to appear in public shall be exempt from
(a) the service of summonses, notices and other processes by post or in any other manner either personal appearance in Court.
generally or in any specified areas, and the proof of such service;
(b) the maintenance and custody, while under attachment, of live-stock and other movable (2) Nothing herein contained shall be deemed to exempt such women from arrest in execution of civil
property, the fees payable for such maintenance and custody, the sale of such live-stock and property, process in any case in which the arrest of women is not prohibited by this Code.
and the proceeds of such sale; 133. Exemption of other persons.—10[(1) The following persons shall be entitled to exemption from
(c) procedure in suits by way of counterclaim, and the valuation of such suits for the purposes of personal appearance in Court, namely:—
jurisdiction;
(d) procedure in garnishee and charging orders either in addition to, or in substitution for, the (i) the President of India;
attachment and sale of debts;
(ii) the Vice-President of India;
(e) procedure where the defendant claims to be entitled to contribution or indemnity over against
any person whether a party to the suit or not; (iii) the Speaker of the House of the People;
(f) summary procedure—
(i) in suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable
1. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “for a Part A State or a Part B State”.
by the defendant, with or without interest, arising— 2. Ins. by the A.O. 1950.
3. Ins. by Act 2 of 1951, s. 17 (w.e.f. 1-4-1951).
1. Subs. by Act 38 of 1920, s. 2 and the First Schedule, Pt. I, for “as the G.G. in C. may determine”. 4. Subs. by the A.O. 1937, for section 130.
2. Subs. by the A.O.1937, for “in the case of the Court of the Judicial Commissioner of Coorg, the G.G. in C., and, in other cases 5. Subs. by the A.O. 1950, for “not constituted by His Majesty by Letters Patent”.
the L.G.”. 6. Subs., ibid., for “so constituted”.
3. Subs. by the A.O.1937, for section 126. 7. The word and letter “Part A” omitted by the Adaptation of Laws (No. 2) Order, 1956.
4. Subs. by the A.O. 1950, for “Governor General”. 8. Subs. by the A.O. 1950, for “section 224 of the Government of India Act, 1935”.
5. Subs. by Act 24 of 1917, s. 2 and the First Schedule, for “sanctioned”. 9. Subs. by the A.O.1937, for “Gazette of India or in the Local Official Gazette, as the case may be”. Strictly the substitution
6. Subs. by the A.O. 1937, for “Gazette of India or in the local Official Gazette, as the case may be”. Strictly the substitution would read “Official Gazette or in the Official Gazette, as the case may be,” but the latter words have been omitted as being
would read “Official Gazette or in the Official Gazette, as the case may be, but the latter words have been omitted as being redundant.
redundant”. 10. Subs. by Act 66 of 1956, s. 12, for sub-section (1) (w.e.f. 1-1-1957).

75 76
 (iv) the Ministers of the Union; (ii) a Legislative Assembly or Legislative Council of a State having both such Houses,
during the continuance of a joint sitting, meeting, conference or joint committee of the Houses of
(v) the Judges of the Supreme Court; Parliament or, Houses of the State Legislature, as the case may be, and during the forty days before and
(vi) the Governors of States and the administrators of Union territories; after such meeting, sitting or conference.]
(2) A person released from detention under sub-section (1) shall, subject to the provisions, of the said
(vii) the Speakers of the State Legislative Assemblies; sub-section, be liable to re-arrest and to the further detention to which he would have been liable if he had
(viii) the Chairman of the State Legislative Councils; not been released under the provisions of sub-section (1).]
136. Procedure where person to be arrested or property to be attached is outside district.—(1)
(ix) the Ministers of States; Where an application is made that any person shall be arrested or that any property shall be attached
(x) the Judges of the High Courts; and under any provision of this Code not relating to the execution of decrees, and such person resides or such
property is situate outside the local limits of the jurisdiction of the Court to which the application is made,
(xi) the persons to whom section 87B applies.] the Court may, in its discretion, issue, a warrant of arrest of make an order of attachment, and send to the
1 District Court within the local limits of whose jurisdiction such person or property resides or is situate a
* * * * *
copy of the warrant or order, together with the probable amount of the costs of the arrest or attachment.
(3) Where any person 2*** claims the privilege of such exemption, and it is consequently necessary to (2) The District Court shall, on receipt of such copy and amount, cause the arrest or attachment to be
examine him by commission, he shall pay the costs of that commission, unless the party requiring his made by its own officers, or by a Court subordinate to itself, and shall inform the Court which issued or
evidence pays such costs. made such warrant or order of the arrest or attachment.
(3) The Court making an arrest under this section shall send the person arrested to the Court by which
134. Arrest other than in execution of decree.—The provisions of sections 55, 57 and 59 shall the warrant of arrest was issued, unless he shows cause to the satisfaction of the former Court why he
apply, so far as may be, to all persons arrested under this Code. should not be sent to the later Court, or unless he furnishes sufficient security for his appearance before
135. Exemption from arrest under civil process.—(1) No Judge, Magistrate or other judicial officer the later Court or for satisfying any decree that may be passed against him by that Court, in either of
shall be liable to arrest under civil process while going to, presiding in, or returning from, his Court. which cases the Court making the arrest shall release him.
(4) Where a person to be arrested or movable property to be attached under this section is within the
(2) Where any matter is pending before a tribunal having jurisdiction therein, or believing in good local limits of the ordinary original civil jurisdiction of the High Court of Judicature at Fort William in
faith that it has such jurisdiction, the parties thereto, their pleaders, mukhtars, revenue-agents and Bengal or at Madras or at Bombay, 1*** the copy of the warrant of arrest or of the order of attachment,
recognized agents, and their witnesses acting in obedience to a summons, shall be exempt from arrest and the probable amount of the costs of the arrest or attachment, shall be sent to the Court of Small-
under civil process other than process issued by such tribunal for contempt of Court while going to or Causes of Calcutta, Madras 2[or Bombay], as the case may be, and that Court, on receipt of the copy and
attending such tribunal for the purpose of such matter, and while returning from such tribunal. amount, shall proceed as if it were the District Court.
137. Language of subordinate Courts.—(1) The language which, on the commencement of this
(3) Nothing in sub-section (2) shall enable a judgment-debtor to claim exemption from arrest under Code, is the language of any Court subordinate to a High Court shall continue to be the language of such
an order for immediate execution or where such judgment-debtor attends to show cause why he should subordinate Court until the State Government otherwise directs.
not be committed to prison in execution of a decree. (2) The State Government may declare what shall be the language of any such Court and in what
3
[135A. Exemption of members of legislative bodies from arrest and detention under civil character applications to and proceedings in such Courts shall be written.
process.—4[(1) No person shall be liable to arrest or detention in prison under civil process— (3) Where this Court requires or allows anything other that the recording of evidence to be done in
(a) if he is a member of— writing in any such Court, such writing may be in English; but if any party or his pleader is unacquainted
with English a translation into the language of the Court shall, at his request, be supplied to him; and the
(i) either House of Parliament, or Court shall make such order as it thinks fit in respect of the payment of the costs of such translation.
(ii) the Legislative Assembly or Legislative Council of a State, or STATE AMENDMENT
(iii) a Legislative Assembly of a Union territory, Rajasthan
Amendment of section 137, Central Act V of 1908.-In section 137 of the Code of Civil Procedure, 1908 (Central
during the continuance of any meeting of such House of Parliament or, as the case may be, of the Act V of 1908), in its application to the State of Rajasthan, for sub-section (3), the following sub-section shall be
Legislative Assembly or the Legislative Council; substituted, namely:-
(b) if he is a member of any committee of— "(3) Wherever this Code requires or allows anything other than the recording of evidence to be
(i) either House of Parliament, or done in writing in any such court, such writing shall be in Hindi in Devnagri Script with the interna-
tional form of Indian numerals :
(ii) the Legislative Assembly of a State or Union territory, or
Provided that the court may in its discretion accept such writing in English on the undertaking of
(iii) the Legislative Council of a State, during the continuance of any meeting of such the party filing such writing, to file a Hindi translation of the same, within such time as may be
committee; granted by the court and the opposite party shall have a right to have a copy of such writing in Hindi."
(c) if he is a member of— [Vide Rajasthan Act 7 of 1983, s. 2]
3
(i) either House of Parliament, or [138. Power of High Court to require evidence to be recorded in English.—(1) The 4[High
Court] may, by notification in the Official Gazette, direct with respect to any Judge specified in the

1. The words or “of the Chief Court of Lower Burma”, omitted by the A.O. 1937.
1. Sub-section (2) omitted by Act 66 of 1956, s. 12 (w.e.f. 1-1-1957). 2. Subs. by the A.O. 1937, for “Bombay or Rangoon”.
2. The words “so exempted” omitted by s. 12, ibid. 3. For s. 138, as applicable to Assam, see the Civil Procedure (Assam Amendment) Act 1941, (Assam 1 of 1941),
3. Ins. by Act 23 of 1925, s. 3. s. 2.
4. Subs. by Act 104 of 1976, s. 45, for sub-section (1) (w.e.f. 1-2-1977). 4. Subs. by Act 4 of 1914, s. 2 and the Schedule, Pt. I, for “L.G.”.

77 78

notification, or falling under a description set forth therein, that evidence in cases in which an appeal is 1
[Explanation.—For the purposes of sub-section (1), the expression “Court which passed the
allowed shall be taken down by him in the English language and in manner prescribed. decree or order” shall be deemed to include,—
(2) Where a Judge is prevented by any sufficient reason from complying with a direction under (a) where the decree or order has been varied or reversed in exercise of appellate or revisional
sub-section (1), he shall record the reason and cause the evidence to be taken down in writing from his jurisdiction, the Court of first instance;
dictation in open Court.
139. Oath on affidavit by whom to be administered.— In the case of any affidavit under this Code— (b) where the decree or order has been set aside by a separate suit, the court of first instance
(a) any Court or Magistrate, or which passed such decree or order.
1
[(aa) any notary appointed under the Notaries Act, 1952 (53 of 1952); or] (c) where the Court of first instance has ceased to exist or has ceased to have jurisdiction to execute, it,
(b) any officer or other person whom a High Court may appoint in this behalf, or the Court which, if the suit wherein the decree or order was passed were instituted at the time of making
(c) any officer appointed by any other Court which the State Government has generally or the application for restitution under this section, would have jurisdiction to try such suit.]
specially empowered in this behalf,
may administer the oath to the deponent. (2) No suit shall be instituted for the purpose of obtaining any restitution or other relief which could
STATE AMENDMENT be obtained by application under sub-section (1).
Uttar Pradesh 145. Enforcement of liability of surety.—Where any person 2[has furnished security or given a
Amendment of section 139 of Act no. 5 of 1908.— In section 139 of the Code of Civil guarantee]—
Procedure, 1908, for clauses (b) and (c), the following shall be substituted and be
deemed always to have been substituted, namely :— (a) for the performance of any decree or any part thereof, or
“(b) any person appointed in this behalf by a High Court or by aDistrict Court ; or (b) for the restitution of any property taken in execution of a decree, or
(c) any person appointed in this behalf by such other Court as the State Government may, by
(c) for the payment of any money, or for the fulfilment of any condition imposed on any person,
general or special order, empower in this behalf” ;
under an order of the Court in any suit or in any proceeding consequent thereon,
[Vide Uttar Pradesh Act 11 of 1981, s. 2]
3
140. Assessors in causes of salvage, etc.—(1) In any admiralty or vice-admiralty cause of salvage to [the decree or order may be executed in the manner therein provided for the execution of decrees,
wage or collision the Court, whether it be exercising its original or its appellate jurisdiction, may, if it namely:—
thinks fit, and shall upon request of either party to such cause, summon to its assistance, in such manner as (i) if he has rendered himself personally liable, against him to that extent;
it may direct or as may be prescribed, two competent assessors; and such assessors shall attend and assist
accordingly. (ii) if he has furnished any property as security, by sale of such property to the extent of the
(2) Every such assessor shall receive such fees for his attendance, to be paid by such of the parties security;
as the Court may direct or as may be prescribed. (iii) if the case falls both under clauses (i) and (ii) then to the extent specified in those clauses,
141. Miscellaneous proceedings.—The procedure provided in this Code in regard to suits shall be
followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction. and such person shall, be deemed to be a party within the meaning of section 47]:
2
[Explanation.— In this section, the expression “proceedings” includes proceedings under Provided that such notice as the Court in each case thinks sufficient has been given to the surety.
Order IX, but does not include any proceedings under article 226 of the Constitution.]
142. Orders and notices to be in writing.—All orders and notices served on or given to any 146. Proceedings by or against representatives.—Save as otherwise provided by this Code or by
person under the provisions of this Code shall be in writing. any law for the time being in force, where any proceeding may be taken or application made by or against
143. Postage.—Postage, where chargeable on a notice, summons or letter issued under this Code any person then the proceeding may be taken or the application may be made by or against any person
and forwarded by post, and the fee for registering the same, shall be paid within a time to be fixed claiming under him.
before the communication is made:
Provided that the State Government 3*** may remit such postage, or fee, or both, or may prescribe 147. Consent or agreement by persons under disability.—In all suits to which any person under
a scale of court-fees to be levied in lieu thereof. disability is a party, any consent or agreement, as to any proceeding shall, if given or made with the
144. Application for restitution.—(1) Where and in so far as a decree 4[or an order] is 5[varied or express leave of the Court by the next friend or guardian for the suit, have the same force and effect as if
reversed in any appeal, revision or other proceeding or is set aside or modified in any suit instituted for the such person, were under no disability and had given such consent or made such agreement.
purpose, the Court which passed the decree or order] shall, on the application of any party entitled to any 148. Enlargement of time.—Where any period is fixed or granted by the Court for the doing of any act
benefit by way of restitution or otherwise, cause such restitution to be made as will, so far as may be, place prescribed or allowed by this Code, the Court may, in its discretion, from time to time, enlarge such period,
the parties in the position which they would have occupied but for such decree 4[or order] or 6[such part 4
[not exceeding thirty days in total,] even though the period originally fixed or granted may have expired.
thereof as has been varied, reversed, set aside or modified]; and for this purpose, the Court may make any
5
orders, including orders for the refund of costs and for the payment of interest, damages, compensation and [148A. Right to lodge a caveat.—(1) Where an application is expected to be made, or has been
mesne profits, which are properly 7[consequential on such variation, reversal, setting aside or modification made, in a suit or proceeding instituted, or about to be instituted, in a Court, any person claiming a right
of the decree or order]. to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.
(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been
lodged (hereinafter referred to as the caveator) shall serve a notice of the caveat by registered post,
1. Ins. by Act 104 of 1976, s. 46 (w.e.f. 1-2-1977).
2. Ins. by s. 47, ibid. (w.e.f 1-2-1977).
3. The words “with the previous sanction of the G.G, in C.” omitted by Act 38 of 1920, s. 2 and the First Schedule I, Pt. I 1. Ins. by Act 104 of 1976, s. 48 (w.e.f. 1-2-1977).
4. Ins. by Act 66 of 1956, s. 13 (w.e.f. 1-1-1957). 2. Subs. by s. 49, ibid., for “has become liable as surety” (w.e.f. 1-2-1977).
5. Subs. by Act 104 of 1976. s. 48, for “varied or reversed, the Court of first instance” (w.e.f. 1-2-1977). 3. Subs. by s. 49, ibid., for certain words (w.e.f. 1-2-1977).
6. Subs. by s. 48, ibid., for “such part thereof as has been varied or reversed” (w.e.f. 1-2-1977). 4. Ins. by Act 46 of 1999, s. 13 (w.e.f. 1-7-2002).
7. Subs. by s. 48, ibid., for “consequential on such variation or reversal” (w.e.f. 1-2-1977). 5. Ins. by Act 104 of 1976, s. 50 (w.e.f. 1-5-1977).

79 80
acknowledgement due, on the person by whom the application has been, or is expected to be, made, under have the same force and effect as if they had been respectively published, made, appointed, filed,
sub-section (1). prescribed, framed and conferred under this Code and by the authority empowered thereby in such behalf.
(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or 158. Reference to Code of Civil Procedure and other repealed enactments.—In every enactment
proceeding, the Court, shall serve a notice of the application on the caveator. or notification passed or issued before the commencement of this Code in which reference is made to or
to any Chapter or section of Act VIII of 1859 or any Code of Civil Procedure or any Act amending the
(4) Where a notice of any caveat has been served on the applicant, he shall forthwith furnish the same or any other enactment hereby repealed, such reference shall, so far as may be practicable, be taken
caveator at the caveator’s expense, with a copy of the application made by him and also with copies of to be made to this Code or to its corresponding Part, Order, section or rule.
any paper or document which has been, or may be, filed by him in support of the application.
______
(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after
the expiry of ninety days from the date on which it was lodged unless the application referred to in
sub-section (1) has been made before the expiry of the said period.]
149. Power to make up deficiency of court-fees.—Where the whole or any part of any fee prescribed for
any document by the law for the time being in force relating to court-fees has not been paid, the Court may, in
its discretion, at any stage, allow the person, by whom such fee is payable, to pay the whole or part, as the case
may be, of such court-fee; and upon such payment the document, in respect of which fee is payable, shall have
the same force and effect as if such fee had been paid in the first instance.
150. Transfer of business.— Save as otherwise provided, where the business of any Court is transferred
to any other Court, the Court to which the business is so transferred shall have the same powers and shall
perform the same duties as those respectively conferred and imposed by or under this Code upon the Court
from which the business was so transferred.
151. Saving of inherent powers of Court.—Nothing in this Code shall be deemed to limit or
otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of
justice or to prevent abuse of the process of the Court.
152. Amendment of judgments, decrees or orders.—Clerical or arithmetical mistakes in
judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any
time be corrected by the Court either of its own motion or on the application of any of the parties.
153. General power to amend.— The Court may at any time, and on such terms as to costs or otherwise
as it may think fit, amend any defect or error in any proceeding in a suit; and all necessary amendments shall be
made for the purpose of determining the real question or issue raised by or depending on such proceeding.
1
[153A. Power to amend decree or order where appeal is summarily dismissed.—Where an Appellate
Court dismisses an appeal under rule 11 of Order XLI, the power of the Court to amend, under section 152, the
decree or order appealed against may be exercised by the Court which had passed the decree or order in the
first instance, notwithstanding that the dismissal of the appeal has the effect of confirming the decree or order,
as the case may be, passed by the Court of first instance.
153B. Place of trial to be deemed to be open Court.—The place in which any Civil Court is held
for the purpose of trying any suit shall be deemed to be an open Court, to which the public generally may
have access so far as the same can conveniently contain them:
Provided that the presiding Judge may, if he thinks fit, order at any stage of any inquiry into or trial of
any particular case, that the public generally, or any particular person, shall not have access to, or be or
remain in, the room or building used by the Court.]
154. [Saving of present right of appeal.] Rep. by the Repealing and Amending Act, 1952 (48 of 1952),
s. 2 and the First Schedule.
155. [Amendment of certain Acts.] Rep. by s. 2 and the First Schedule., ibid.
156. [Repeals.] Rep. by the Second Repealing and Amending Act, 1914 (17 of 1914). s. 3 and the Second
Schedule.
157. Continuance of orders under repealed enactments.—Notifications published, declarations
and rules made, places appointed, agreements filed, scales prescribed, forms framed, appointments made
and powers conferred under Act VIII of 1859 or under any Code of Civil Procedure or any Act amending
the same or under any other enactment hereby repealed shall, so far as they are consistent with this Code,

1. Ins. by Act 104 of 1976. s. 51 (w.e.f. 1-2-1977).

81 82

THE FIRST SCHEDULE 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,—

ORDER I (a) one or more of such persons may, with the permission of the Court, sue or be sued, or may
Parties to Suits defend such suit, on behalf of, or for the benefit of, all persons so interested;
1
[1. Who may be joined as plaintiffs.—All persons may be joined in one suit as plaintiffs where—
(b) the Court may direct that one or more of such persons may sue or be sued, or may defend
(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or such suit, on behalf of, or for the benefit of, all persons so interested.
transactions is alleged to exist in such persons, whether jointly, severally or in the alternative; and
(2) The Court shall, in every case where a permission or direction is given under sub-rule (1), at the
(b) if such persons brought separate suits, any common question of law or fact would plaintiff's expense, give notice of the institution of the suit to all persons so interested, either by personal
arise.] 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.
2. Power of Court to order separate trial.—Where it appears to the Court that any joinder of
plaintiffs may embarrass or delay the trial of the suit, the Court may put the plaintiffs to the election or (3) Any person on whose behalf, or for whose benefit, a suit is instituted, or defended, under
order separate trials or make such other order as may be expedient. sub-rule (1), may apply to the Court to be made a party to such suit.
1
[3. Who may be joined as defendants.—All persons may be joined in one suit as defendants (4) No part of the claim in any such suit shall be abandoned under sub-rule (1), and no such suit shall
where— 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
(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or expense, notice to all persons so interested in the manner specified in sub-rule (2).
transactions is alleged to exist against such persons, whether jointly, severally or in the alternative;
and (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.
(b) if separate suits were brought against such persons, any common question of law or fact
would arise.] (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.
2
[3A. Power to order separate trials where joinder of defendants may embarrass or delay
trial.—Where it appears to the Court that any joinder of defendants may embarrass or delay the trial of Explanation.—For the purpose of determining whether the persons who sue or are sued, or defend,
the suit, the Court may order separate trials or make such other order as may be expedient in the interests have the same interest in one suit, it is not necessary to establish that such persons have the same cause
of justice.] 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.]
4. Court may give judgment for or against one or more of joint parties.—Judgment may be given 2
without any amendment — [8A. Power of Court to permit a person or body of persons to present opinion or to take part in the
proceedings.— While trying a suit, the Court may, if satisfied that a person or body of persons is interested in
(a) for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief any question of law which is directly and substantially in issue in the suit and that it is necessary in the public
as he or they may be entitled to; interest to allow that person or body of persons to present his or its opinion on that question of law, permit that
person or body of persons to present such opinion and to take such part in the proceedings of the suit as the
(b) against such one or more of the defendants as may be found to be liable, according to their Court may specify.]
respective liabilities.
9. Misjoinder and non-joinder.—No suit shall be defeated by reason of the misjoinder or
5. Defendant need not be interested in all the relief claimed.—It shall not be necessary that every non-joinder of parties, and the Court may in every suit deal with the matter in controversy so far as
defendant shall be interested as to all the relief claimed in any suit against him. regards the rights and interests of the parties actually before it:
6. Joinder of parties liable on same contract.—The plaintiff may, at his option, join as parties to 3
the same suit all or any of the persons severally, or jointly and severally, liable on any one contract, [Provided that nothing in this rule shall apply to non-joinder of a necessary party.]
including parties to bills of exchange, hundis and promissory notes. 10. Suit in name of wrong plaintiff.—(1) Where a suit has been instituted in the name of the wrong
7. When plaintiff in doubt from whom redress is to be sought.—Where the plaintiff is in doubt as to person as plaintiff or where it is doubtful whether it has been instituted in the name of the right plaintiff,
the persons from whom he is entitled to obtain redress, he may join two or more defendants in order that the the Court may at any stage of the suit, if satisfied that the suit has been instituted through a bona fide
question as to which of the defendants is liable, and to what extent, may be determined as between all mistake, and that it is necessary for the determination of the real matter in dispute so to do, order any
parties. other person to be substituted or added as plaintiff upon such terms as the Court thinks just.
(2) Court may strike out or add parties.—The Court may at any stage of the proceedings, either
upon or without the application of either party, and on such terms as may appear to the Court to be just,
order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and
that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose

1. Subs. by Act 104 of 1976, s. 52, for rule 8 (w.e.f. 1-2-1977).

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).
2. Ins. by s. 52, ibid. (w.e.f. 1-2-1977). 3. The proviso added by, ibid., s. 52 (w.e.f. 1-2-1977).

84
83
presence before the Court may be necessary in order to enable the Court effectually and completely to Illustration
adjudicate upon and settle all the questions involved in the suit, be added. A lets a house to B at a yearly of rent Rs. 1,200. The rent for the whole of the years 1905, 1906 and 1907 is due and unpaid.
(3) No person shall be added as a plaintiff suing without a next friend or as the next friend of a A sues B in 1908 only for the rent due for 1906. A shall not afterwards sue B for the rent due for 1905 or 1907.
plaintiff under any disability without his consent. 3. Joinder of causes of action.—(1) Save as otherwise provided, a plaintiff may unite in the same
(4) Where defendant added, plaint to be amended.—Where a defendant is added, the plaint shall, suit several causes of action against the same defendant, or the same defendants jointly; and any plaintiffs
unless the Court otherwise directs, be amended in such manner as may be necessary, and amended copies having causes of action in which they are jointly interested against the same defendant or the same
of the summons and of the plaint shall be served on the new defendant and, if the Court thinks fit, on the defendants jointly may unite such causes of action in the same suit.
original defendant (2) Where causes of action are united, the jurisdiction of the Court as regards the suit shall depend on
(5) Subject to the provisions of the 1[Indian Limitation Act, 1877 (XV of 1877)], section 22, the the amount or value of the aggregate subject-matters at the date of instituting the suit.
proceedings as against any person added as defendant shall be deemed to have begun only on the service 4. Only certain claims to be joined for recovery of immovable property.—No cause of action
of the summons. shall, unless with the leave of the Court, be joined with a suit for the recovery of immovable property,
2 except—
[10A. Power of Court to request any pleader to address it.—The Court may, in its discretion,
request any pleader to address it as to any interest which is likely to be affected by its decision on any (a) claims for mesne profits or arrears of rent in respect of the property claimed or any part
matter in issue in any suit or proceeding, if the party having the interest which is likely to be so affected is thereof;
not represented by any pleader.]
(b) claims for damages for breach of any contract under which the property or any part thereof is
11. Conduct of suit.—The Court may give the conduct of 3[a suit] to such persons as it deems proper.
held; and
12. Appearance of one of several plaintiffs or defendants for others.—(1) Where there are more
plaintiffs than one, any one or more of them may be authorized by any other of them to appear, plead or (c) claims in which the relief sought is based on the same cause of action:
act for such other in any proceeding; and in like manner, where there are more defendants than one, any Provided that nothing in this rule shall be deemed to prevent any party in a suit for foreclosure or
one or more of them may be authorized by any other of them to appear, plead or act for such other in any redemption from asking to be put into possession of the mortgaged property.
proceeding.
5. Claims by or against executor, administrator or heir.—No claim by or against an executor,
(2) The authority shall be in writing signed by the party giving it and shall be filed in Court. administrator or heir, as such, shall be joined with claims by or against him personally, unless the last
13. Objections as to non-joinder or misjoinder.—All objections on the ground of non-joinder or mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant
misjoinder of parties shall be taken at the earliest possible opportunity and, in all cases where issues are sues or is sued as executor, administrator or heir, or are such as he was entitled to, or liable for, jointly with
settled, at or before such settlement, unless the ground of objection has subsequently arisen, and any such the deceased person whom he represents.
objection not so taken shall be deemed to have been waived. 1
[6. Power of Court to order separate trials.—Where it appears to the Court that the joinder of
______ causes of action in one suit may embarrass or delay the trial or is otherwise inconvenient, the Court may
order separate trials or make such other order as may be expedient in the interests of justice.]
ORDER II
7. Objections as to misjoinder.—All objections on the ground of misjoinder of causes of action shall
Frame of suit
be taken at the earliest possible opportunity and, in all cases where issues are settled, at or before such
1. Frame of suit.—Every suit shall as far as practicable be framed so as to afford ground for final settlement, unless the ground of objection has subsequently arisen, and any such objection not so taken
decision upon the subjects in dispute and to prevent further litigation concerning them. shall be deemed to have been waived.
2. Suit to include the whole claim.—(1) Every suit shall include the whole of the claim which the STATE AMENDMENT
plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish and portion of Uttar Pradesh
his claim in order to bring the suit within the jurisdiction of any Court. Amendment of the First Schedule Order II.— In the First Schedule to the principal Act
(hereinafter in this Chapter referred to as the First Schedule), in Order II, in rule 2 —
(2) Relinquishment of part of claim.—Where a plaintiff omits to sue in respect of, or intentionally (a) the existing explanation shall be numbered as Explanation I, and after Explanation I,
relinquishes, any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or as so numbered the following explanation II, shall be inserted, namely :—
relinquished. “Explanation II— For the purpose of this rule a claim for ejectment of the defendant from
immovable property let out to him and a claim for money due from him on account of rent or
(3) Omission to sue for one of several reliefs.—A person entitled to more than one relief in respect compensation for use and occupation of that property, shall be deemed to be claims in respect
of the same cause of action may sue for all or any of such reliefs; but if he omits, except with the leave of of distinct causes of action.”;
the Court, to sue for all such reliefs, he shall not afterwards sue for any relief so omitted. (b) for the illustration, the following illustration shall be substituted, namely :—
“Illustration— A lets immovable property to B at a yearly rent. The rent for the whole of the
Explanation.—For the purposes of this rule an obligation and a collateral security for its performance
years 1905, 1906 and 1907 is due and unpaid, and the tenancy is determined before A sues Bin
and successive claims arising under the same obligation shall be deemed respectively to constitute but one
1908, only for the rent due for 1906. A may afterwards sue B for ejectment but not for the rent
cause of action.
due for 1905 or 1907.”
[Vide Uttar Pradesh Act 57 of 1976, s. 4]

1. See now the Limitation Act, 1963 (36 of 1963), s. 21.

2. Ins. by Act 104 of 1976, s. 52 (w.e.f. 1-2-1977).
3. Subs. by s. 52, ibid., for “the suit” (w.e.f. 1-2-1977). 1. Subs. by Act 104 of 1976, s. 53, for rule 6 (w.e.f. 1-2-1977).

85 86

______ (b) as authorising service on the pleader of any notice or document issued by any Court other than
the Court for which the pleader was engaged, except where such service was expressly agreed to by
ORDER III
the client in the document referred to in sub-rule (1).]
Recognized Agents and Pleaders
(4) The High Court may, by general order, direct that, where the person by whom a pleader is appointed
1. Appearances, etc., may be in person, by recognized agent or by pleader.—Any appearance,
is unable to write his name, his mark upon the document appointing the pleader shall be attested by such
application or act in or to any Court, required or authorized by law to be made or done by a party in such Court,
person and in such manner as may be specified by the order.
may, except where otherwise expressly provided by any law for the time being in force, be made or done by the
party in person, or by his recognized agent, or by a pleader 1[appearing, applying or acting, as the case may be,] (5) No pleader who has been engaged for the purpose of pleading only shall plead on behalf of any
on his behalf : party, unless he has filed in court a memorandum of appearance signed by himself and stating—
Provided that any such appearance shall, if the Court so directs, be made by the party in person. (a) the names of the parties to the suit,
2. Recognised agents.—The recognised agents of parties by whom such appearances, applications and (b) the name of the party for whom he appears, and
acts may be made or done are—
(c) the name of the person by whom he is authorised to appear:
(a) persons holding powers-of-attorney, authorising them to make and do such appearances,
Provided that nothing in this sub-rule shall apply to any pleader engaged to plead on behalf of any
applications and acts on behalf of such parties;
party by any other pleader who has been duly appointed to act in Court on behalf of such party.]
(b) persons carrying on trade or business for and in the names of parties not resident within the
5. Service of process on pleader.—1[Any process served on the pleader who has been duly
local limits of the jurisdiction of the Court within which limits the appearance, application or act is
appointed to act in Court for any party] or left at the office or ordinary residence of such pleader, and
made or done, in matters connected with such trade or business only, where no other agent is
whether the same is for the personal appearance of the party or not, shall be presumed to be duly
expressly authorised to make and do such appearances, applications and acts.
communicated and made known to the party whom the pleader represents, and, unless the Court
3. Service of process on recognised agent.—(1) Processes served on the recognised agent of a party otherwise directs, shall be as effectual for all purposes as if the same had been given to or served on the
shall be as effectual as if the same had been served on the party in person, unless the Court otherwise party in person.
directs.
6. Agent to accept service.—(1) Besides the recognised agents described in rule 2 any person
(2) The provisions for the service of process on a party to a suit shall apply to the service of process residing within the jurisdiction of the Court may be appointed an agent to accept service of process.
on his recognised agent.
(2) Appointment to be in writing and to be filed in Court.—Such appointment may be special or
2
[4. Appointment of pleader.—(1) No pleader shall act for any person in any Court, unless he has been general and shall be made by an instrument in writing signed by the principal, and such instrument or, if
appointed for the purpose by such person by a document in writing signed by such person or by his recognised the appointment is general, a certified copy thereof shall be filed in Court.
agent or by some other person duly authorised by or under a power-of-attorney to make such appointment. 2
[(3) The Court may, at any stage of the suit, order any party to the suit not having a recognised agent
(2) Every such appointment shall be 3[filed in Court and shall, for the purposes of sub-rule (1), be] residing within the jurisdiction of the Court, or a pleader who has been duly appointed to act in the Court
deemed to be in force until determined with the leave of the Court by a writing signed by the client or the on his behalf, to appoint, within a specified time, an agent residing within the jurisdiction of the Court to
pleader, as the case may be, and filed in Court, or until the client or the pleader dies, or until all accept service of the process on his behalf.]
proceedings in the suit are ended so far as regards the client.
______
4
[Explanation. —For the purposes of this sub-rule, the following shall be deemed to be proceedings in
ORDER IV
the suit,—
Institution of suits
(a) an application for the review of decree or order in the suit,
1. Suit to be commenced by plaint.—(1) Every suit shall be instituted by presenting 3[plaint in
(b) an application under section 144 or under section 152 of this Code, in relation to any decree or
duplicate to the Court] or such officer as it appoints in this behalf.
order made in the suit,
(2) Every plaint shall comply with the rules contained in Orders VI and VII, so far as they are
(c) an appeal from any decree or order in the suit, and
applicable.
(d) any application or act for the purpose of obtaining copies of documents or return of 4
[(3) The plaint shall not be deemed to be duly instituted unless it complies with the requirements
documents produced or filed in the suit or of obtaining refund of moneys paid into the Court in
specified in sub-rules (1) and (2)].
connection with the suit.]
5 2. Register of suits.—The Court shall cause the particulars of every suit to be entered in a book to be
[(3) Nothing in sub-rule (2) shall be construed—
kept for the purpose and called the register of civil suits. Such entries shall be numbered in every year
(a) as extending, as between the pleader and his client, the duration for which the pleader is according to the order in which the plaints are admitted.
engaged, or

1. Subs. by Act 22 of 1926, s. 2, for “duly appointed to act”.

2. Subs. by Act 22 of 1926, s. 2, for rule 4. 1. Subs. by Act 104 of 1976, s. 54, for certain words (w.e.f. 1-2-1977).
3. Subs. by Act 104 of 1976, s. 54, for certain words (w.e.f. 1-2-1977). 2. Ins. by s. 54, ibid. (w.e.f. 1-2-1977).
4. Ins. by s. 54, ibid. (w.e.f. 1-2-1977). 3. Subs. by Act 46 of 1999, s. 14, for certain words (w.e.f. 1-7-2002).
5. Subs. by s. 54, ibid., for sub-rule (3) (w.e.f. 1-2-1977). 4. Ins. by s. 14, ibid. (w.e.f. 1-7-2002).

87 88
 STATE AMENDMENT court, for reasons to be recorded in writing and on payment of such costs as the court deems fit, but which
shall not be later than one hundred twenty days from the date of service of summons and on expiry of one
Uttar Pradesh
hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the
Insertion of Order IV-A.—In the First Schedule, after Order IV, the following Order shall be written statement and the court shall not allow the written statement to be taken on record.
inserted, namely :— [Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification
“ORDER IV-A No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of
CONSOLIDATION OF CASES Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)].
1
[2. Copy of plaint annexed to summons.—Every summon shall be accompanied by a copy of the
1. Consolidation of suits and proceedings— When two or more suits or proceedings are
plaint.]
pending in the same court, and the court is of opinion that it is expedient in the interest of
justice, it may by order direct their joint trial, whereupon all such suits and proceedings may be
3. Court may order defendant or plaintiff to appear in person.—(1) Where the court sees reason
decided upon the evidence in all or any such suits or proceedings. ”
to require the personal appearance of the defendant, the summons shall order him to appear in person in
Court on the day therein specified.
[Vide Uttar Pradesh Act 57 of 1976, s. 5] (2) Where the Court sees reason to require the personal appearance of the plaintiff on the same day, it
Amendment of Order VI.— In the First Schedule, in Order VI, in rule 15, in sub-rule (1), for the shall make an order for such appearance.
words “at the foot”, the following words shall be substituted, namely :— 4. No party to be ordered to appear in person unless resident within certain limits.—No party
shall be ordered to appear in person unless he resides—
“on oath administered by an officer empowered under section 139 of the Code,”.
(a) within the local limits of the Court’s ordinary original jurisdiction, or
[Vide Uttar Pradesh Act 57 of 1976, s. 6] (b) without such limits but at place less than fifty or (where there is railway or steamer
______ communication or other established public conveyance for five-sixths of the distance between the
place where he resides and the place where the Court is situate) less than two hundred miles distance
ORDER V from the court-house.
Issue and service of summons 5. Summons to be either to settle issues or for final disposal.—The Court shall determine, at the
Issue of Summons time of issuing the summons, whether it shall be for the settlement of issues only, or for the final disposal
of the suit; and the summons shall contain a direction accordingly:
1. Summons.—1[(1) When a suit has been duly instituted, a summons may be issued to the defendant Provided that, in every suit heard by a Court of Small Causes, the summons shall be for the final
to appear and answer the claim and to file the written statement of his defence, if any, within thirty days disposal of the suit.
from the date of service of summons on that defendant: 6. Fixing day for appearance of defendant.—The day 2[under sub-rule (1) of rule 1] shall be
Provided that no such summons shall be issued when a defendant has appeared at the presentation of fixed with reference to the current business of the Court, the place of residence of the defendant and the
plaint and admitted the plaintiff’s claim: 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.
*[Provided further that where the defendant fails to file the written statement within the said period of
thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the 7. Summons to order defendant to produce documents relied on by him.—The summons to
Court, for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but appear and answer shall order the defendant to produce 3[all documents or copies thereof specified in
rule lA of Order VIII] in his possession or power upon which he intends to rely in support of his case.
which shall not be later than one hundred twenty days from the date of service of summons and on expiry
of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to 8. On issue of summons for final disposal, defendant to be directed to produce his witnesses.—Where
file the written statement and the Court shall not allow the written statement to be taken on record.] 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.
(2) A defendant to whom a summons has been issued under sub-rule (1) may appear—
(a) in person, or Service of summons
4
(b) by a pleader duly instructed and able to answer all material questions relating to the suit, or [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
(c) by a pleader accompanied by some person able to answer all such questions. accept the service of the summons, the summons shall, unless the Court otherwise directs, be delivered or sent
(3) Every such summons shall be signed by the Judge or such officer as he appoints, and shall be either to the proper officer to be served by him or one of his subordinates or to such courier services as are
sealed with the seal of the Court. approved by the Court.
STATE AMENDMENT (2) The proper officer may be an officer of a Court other than that in which the suit is instituted, and, where
Jammu and Kashmir and Ladakh (UTs).— he is such an officer, the summons may be sent to him in such manner as the Court may direct.
In Order V, in Rule 1, for the second proviso, substitute the following proviso, namely;- (3) The services of summons may be made by delivering or transmitting a copy thereof by registered post
acknowledgment due, addressed to the defendant or his agent empowered to accept the service or by speed
Provided further that where the defendant fails to file the written statement within the said period of
post or by such courier services as are approved by the High Court or by the Court referred to in sub-rule (1) or
thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the
1. Subs. by Act 46 of 1999, s. 15, for sub-rule (2) (w.e.f. 1-7-2002).
1. Subs. by Act 22 of 2002, s. 6, for sub-rule (1) (w.e.f. 1-7-2002). 2. Subs. by Act 22 of 2002, s. 15, for the appearance of the defendant (w.e.f. 1-7-2002).
*. Shall be applicable to commercial disputes of a specified value only by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10- 3. Subs. by s. 15, ibid., for all documents (w.e.f. 1-7-2002).
2015). 4. Subs. by s. 6, ibid., for rule 9 (w.e.f. 1-7-2002).

89 90

by any other means of transmission of documents (including fax message or electronic mail service) provided in person, and the defendant has no agent empowered to accept the service, it may be made on any agent
by the rules made by the High Court: of the defendant in charge of the property.
Provided that the service of summons under this sub-rule shall be made at the expenses of the plaintiff. 1
[15. Where service may be on an adult member of defendant's family.— Where in any suit the
(4) Notwithstanding anything contained in sub-rule (1), where a defendant resides outside the jurisdiction defendant is absent from his residence at the time when the service of summons is sought to be effected
of the Court in which the suit is instituted, and the Court directs that the service of summons on that defendant on his at his residence and there is no likelihood of his being found at the residence within a reasonable
may be made by such mode of service of summons as is referred to in sub-rule (3) (except by registered post time and he has no agent empowered to accept service of the summons on his behalf, service may be
acknowledgment due), the provisions of rule 21 shall not apply. made on any adult member of the family, whether male or female, who is residing with him.
(5) When an acknowledgment or any other receipt purporting to be signed by the defendant or his agent is Explanation. —A servant is not a member of the family within the meaning of this rule.]
received by the Court or postal article containing the summons is received back by the Court with an 16. Person served to sign acknowledgment.—Where the serving officer delivers or tenders a copy
endorsement purporting to have been made by a postal employee or by any person authorised by the courier of the summons to the defendant personally, or to an agent or other person on his behalf, he shall require
service to the effect that the defendant or his agent had refused to take delivery of the postal article containing the signature of the person to whom the copy is so delivered or tendered to an acknowledgment of service
the summons or had refused to accept the summons by any other means specified in sub-rule (3) when endorsed on the original summons.
tendered or transmitted to him, the Court issuing the summons shall declare that the summons had been duly
served on the defendant: 17. Procedure when defendant refuses to accept service, or cannot be found.—Where the
defendant or his agent or such other person as aforesaid refuses to sign the acknowledgment, or where the
Provided that where the summons was properly addressed, pre-paid and duly sent by registered post serving officer, after using all due and reasonable diligence, cannot find the defendant, 2[who is absent
acknowledgment due, the declaration referred to in this sub-rule shall be made notwithstanding the fact that the from his residence at the time when service is sought to be effected on him at his residence and there is no
acknowledgment having been lost or mislaid, or for any other reason, has not been received by the Court
likelihood of his being found at the residence within a reasonable time] and there is no agent empowered
within thirty days from the date of issue of summons.
to accept service of the summons on his behalf, nor any other person on whom service can be made, the
(6) The High Court or the District Judge, as the case may be, shall prepare a panel of courier agencies for serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the
the purposes of sub-rule (1). house in which the defendant ordinarily resides or carries on business or personally works for gain, and
9A. Summons given to the plaintiff for service.—(1) The Court may, in addition to the service of shall then return the original to the Court from which it was issued, with a report endorsed thereon or
summons under rule 9, on the application of the plaintiff for the issue of a summons for the appearance of the annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, and the
defendant, permit such plaintiff to effect service of such summons on such defendant and shall, in such a case, name and address of the person (if any) by whom the house was identified and in whose presence the
deliver the summons to such plaintiff for service. copy was affixed.
(2) The service of such summons shall be effected by or on behalf of such plaintiff by delivering or 18. Endorsement of time and manner of service.—The serving officer shall, in all cases in which
tendering to the defendant personally a copy thereof signed by the Judge or such officer of the Court as he may the summons has been served under rule 16, endorse or annex, or cause to be endorsed or annexed, on or
appoint in this behalf and sealed with the seal of the Court or by such mode of service as is referred to in to the original summons, a return stating the time when and the manner in which the summons was
sub-rule (3) of rule 9. served, and the name and address of the person (if any) identifying the person served and witnessing the
delivery or tender of the summons.
(3) The provisions of rules 16 and 18 shall apply to a summons personally served under this rule as if the
person effecting service were a serving officer. 19. Examination of serving officer.—Where a summons is returned under rule 17, the Court shall, if the
return under that rule has not been verified by the affidavit of the serving officer, and may, if it has been so
(4) If such summons, when tendered, is refused or if the person served refuses to sign an acknowledgment of verified, examine the serving officer on oath, or cause him to be so examined by another Court, touching his
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.]
proceedings, and may make such further enquiry in the matter as it thinks fit; and shall either declare that
10. Mode of service.—Service of the summons shall be made by delivering or tendering a copy thereof signed
the summons has been duly served or order such service as it thinks fit.
by the Judge or such officer as he appoints in this behalf, and sealed with the seal of the Court.
11. Service on several defendants.—Save as otherwise prescribed, where there are more defendants 19A. [Simultaneous issue of summons for service by post in addition to personal service.] Omitted by
than one, service of the summons shall be made on each defendant. the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999), s. 15 (w.e.f. 1-7-2002).

12. Service to be on defendant in person when practicable, or on his agent. —Wherever it is 20. Substituted service.—(1) Where the Court is satisfied that there is reason to believe that the
practicable, service shall be made on the defendant in person, unless he has an agent empowered to accept defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the
service, in which case service on such agent shall be sufficient. summons cannot be served in the ordinary way, the Court shall order the summons to be served by
affixing a copy thereof in some conspicuous place in the Court-house, and also upon some conspicuous
13. Service on agent by whom defendant carries on business.—(1) In a suit relating to any part of the house (if any) in which the defendant is known to have last resided or carried on business or
business or work against a person who does not reside within the local limits of the jurisdiction of the personally worked for gain, or in such other manner as the Court thinks fit.
Court from which the summons is issued, service on any manager or agent, who, at the time of service,
3
personally carries on such business or work for such person within such limits, shall be deemed good [(1A) Where the Court acting under sub-rule (1) orders service by an advertisement in a newspaper,
service. the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known
to have actually and voluntarily resided, carried on business or personally worked for gain.]
(2) For the purpose of this rule the master of a ship shall be deemed to be the agent of the owner or
charterer.
14. Service on agent in charge in suits for immovable property.—Where in a suit to obtain relief
1. Subs. by Act 104 of 1976, s. 55, for rule 15 (w.e.f. 1-2-1977).
respecting, or compensation for wrong to, immovable property, service cannot be made on the defendant 2. Ins. by s. 55, ibid. (w.e.f. 1-2-1977).
3. Ins. by Act 104 of 1976, s. 55 (w.e.f. 1-2-1977).

91 92
 (2) Effect of substituted service.—Service substituted by order of the Court shall be as effectual as if issued by a Court under this Code, in any foreign territory in which the defendant actually and
it had been made on the defendant personally. voluntarily resides, carries on business or personally works for gain, or
(3) Where service substituted, time for appearance to be fixed.—Where service is substituted by (b) the Central Government has, by notification in the Official Gazette, declared in respect of
order of the Court, the Court shall fix such time for the appearance of the defendant as the case may any Court situate in any such territory and not established or continued in the exercise of any such
require. jurisdiction as aforesaid, that service by such Court of any summons issued by a Court under this
1 Code shall be deemed to be valid service,
[20A. Service of summons by post.] Rep. by the Code of Civil Procedure (Amendment) Act, 1976
(104 of 1976), s. 55 (w.e.f. 1-2-1977)]. the summons may be sent to such Political Agent or Court, by post, or otherwise, or if so directed by the
21. Service of summons where defendant resides within jurisdiction of another Court.—A Central Government, through the Ministry of that Government dealing with foreign affairs, or in such
other manner as may be specified by the Central Government for the purpose of being served upon the
summons may be sent by the Court by which it is issued, whether within or without the State, either by
defendant; and, if the Political Agent or Court returns the summons with an endorsement purporting to
one of its officers 2[or by post or by such courier service as may be approved by the High Court, by fax have been made by such Political Agent or by the Judge or other officer of the Court to the effect that the
message or by Electronic Mail service or by any other means as may be provided by the rules made by summons has been served on the defendant in the manner hereinbefore directed, such endorsement shall
the High Court] to any Court (not being the High Court) having jurisdiction in the place where the be deemed to be evidence of service.
defendant resides.
26A. Summonses to be sent to officers to foreign countries.—Where the Central Government has, by
22. Service within presidency towns of summons issued by Courts outside.—Where a summons notification in the Official Gazette, declared in respect of any foreign territory that summonses to be served
issued by any Court established beyond the limits of the towns of Calcutta, Madras 3[and Bombay] is to on defendants actually and voluntarily residing or carrying on business or personally working for gain in that
be served within any such limits, it shall be sent to the Court of Small Causes within whose jurisdiction it foreign territory may be sent to an officer of the Government of the foreign territory specified by the Central
is to be served. Government, the summonses may be sent to such officer, through the Ministry of the Government of India
23. Duty of Court to which summons is sent.—The Court to which a summons is sent under rule 21 or dealing with foreign affairs or in such other manner as may be specified by the Central Government; and if
rule 22 shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return the such officer returns any such summons with an endorsement purporting to have been made by him that the
summons has been served on the defendant, such endorsement shall be deemed to be evidence of service].
summons to the Court of issue, together with the record (if any) of its proceedings with regard thereto.
24. Service on defendant in prison.—Where the defendant is confined in a prison, the summons 27. Service on civil public officer or on servant of railway company or local authority.—Where
shall be delivered or sent 3[or by post or by such courier service as may be approved by the High Court, the defendant is a public officer (not belonging to the 1[the Indians] military 2[naval or air] forces 3***),
by fax message or by Electronic Mail service or by any other means as may be provided by the rules or is the servant of a railway company or local authority, the Court may, if it appears to it that the
summons may be most conveniently so served, send it for service on the defendant to the head of the
made by the High Court] to the officer in charge of the prison for service on the defendant.
office in which he is employed, together with a copy to be retained by the defendant.
25. Service where defendant resides out of India and has no agent.—Where the defendant resides
out of 4[India] and has no agent in 5[India] empowered to accept service, the summons shall be addressed 28. Service on soldiers, sailors or airmen.—Where the defendant is a soldier, 4[sailor] 5[or airman],
to the defendant at the place where he is residing and sent to him 3[or by post or by such courier service as the Court shall send the summons for service to his commanding officer together with a copy to be
may be approved by the High Court, by fax message or by Electronic Mail service or by any other means retained by the defendant.
as may be provided by the rules made by the High Court], if there is postal communication between such 29. Duty of person to whom summons is delivered or sent for service.—(1) Where a summons is
place and the place where the Court is situate: delivered or sent to any person for service under rule 24, rule 27 or rule 28, such person shall be bound to
5 6
[Provided that where any such defendant [resides in Bangladesh or Pakistan], the summons, serve it if possible, and to return it under his signature, with the written acknowledgment of the defendant,
together with a copy thereof, may be sent for service on the defendant, to any Court in that country (not and such signature shall be deemed to be evidence of service.
being the High Court) having jurisdiction in the place where the defendant resides : (2) Where from any cause service is impossible, the summons shall be returned to the Court with a
full statement of such cause and of the steps taken to procure service, and such statement shall be deemed
Provided further that where any such defendant is a public officer 7[in Bangladesh or Pakistan (not to be evidence of non-service.
belonging to the Bangladesh or, as the case may be, Pakistan military, naval or air forces)] or is a servant
of a railway company or local authority in that country, the summons, together with a copy thereof, may 30. Substitution of letter for summons.— (1) The Court may, notwithstanding anything hereinbefore
be sent for service on the defendant, to such officer or authority in that country as the Central Government contained, substitute for a summons a letter signed by the Judge or such officer as he may appoint in this behalf,
may by notification in the Official Gazette, specify in this behalf.] where the defendant is, in the opinion of the Court, of a rank entitling him to such mark of consideration.
8 (2) A letter substituted under sub-rule (1) shall contain all the particulars required to be stated in a
[26. Service in foreign territory through Political Agent or Court.—Where—
summons, and, subject to the provisions of sub-rule (3), shall be treated in all respects as a summons.
(a) in the exercise of any foreign jurisdiction vested in the Central Government, a Political Agent (3) A letter so substituted may be sent to the defendant by post or by a special messenger selected by
has been appointed, or a Court has been established or continued, with power to serve a summons, the Court, or in any other manner which the Court thinks fit; and, where the defendant has an agent
empowered to accept service, the letter may be delivered or sent to such agent.

1. Ins. by Act 66 of 1956, s. 14 (w.e.f. 1-1-1957).

2. Subs. by Act 46 of 1999, s. 15, for certain words (w.e.f. 1-7-2002).
3. Subs. by the A.O. 1937, for “Bombay and Rangoon”.
4. Subs. by Act 2 of 1951, s. 3, for “the State”. 1. Subs. by the A.O. 1950, for “his Majesty’s”.
5. Ins. by Act 19 of 1951, s. 2. 2. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “or naval”.
6. Subs. by Act 104 of 1976, s. 53, for “resides in Pakistan,” (w.e.f. 1-2-1977). 3. The words “or His Majesty’s Indian Marine Service” omitted by Act 35 of 1934, s. 2 and the Schedule.
7. Subs. by s. 55, ibid., for certain words (w.e.f. 1-2-1977). 4. Ins. by s. 2 and the Schedule ibid.
8. Subs. by s. 55, ibid., for rule 26 (w.e.f. 1-2-1977). 5. Ins. by Act 10 of 1927, s. 2 and the First Schedule.

93 94

______ pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from
ORDER VI such circumstances, he may state the same in the alternative.

Pleadings generally 13. Presumptions of law.—Neither party need in any pleading allege any matter of fact which the
1. Pleading.—“Pleading” shall mean plaint or written statement. law presumes in his favour or as to which the burden of proof lies upon the other side unless the same has
1
[2. Pleading to state material facts and not evidence.—(1) Every pleading shall contain, and first been specifically denied (e.g., consideration for a bill of exchange where the plaintiff sues only on
contain only, a statement in a concise form of the material facts on which the party pleading relies for his the bill and not for the consideration as a substantive ground of claim).
claim or defence, as the case may be, but not the evidence by which they are to be proved.
14. Pleading to be signed.—Every pleading shall be signed by the party and his pleader (if any):
(2) Every pleading shall, when necessary, be divided into paragraphs, numbered consecutively, each Provided that where a party pleading is, by reason of absence or for other good cause, unable to sign the
allegation being, so far as is convenient, contained in a separate paragraph. pleading, it may be signed by any person duly authorized by him to sign the same or to sue or defend on
(3) Dates, sums and numbers shall be expressed in a pleading in figures as well as in words.] his behalf
3. Forms of pleading.—The forms in Appendix A when applicable, and where they are not 1
applicable forms of the like character, as nearly as may be, shall be used for all pleadings. [14A. Address for service of notice.—(1) Every pleading, when filed by a party, shall be accompanied
by a statement in the prescribed form, signed as provided in rule 14, regarding the address of the party.
*[3A. Forms of pleading in Commercial Courts.––In a commercial dispute, where forms of
pleadings have been prescribed under the High Court Rules or Practice Directions made for the purposes
(2) Such address may, from time to time, be changed by lodging in Court a form duly filled up and
of such commercial disputes, pleadings shall be in such forms.] stating the new address of the party and accompanied by a verified petition.
4. Particulars to be given where necessary.—In all cases in which the party pleading relies on any
misrepresentation, fraud, breach of trust, wilful default, or undue influence, and in all other cases in which (3) The address furnished in the statement made under sub-rule (1) shall be called the “registered
particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with address” of the party, and shall, until duly changed as aforesaid, be deemed to be the address of the party
dates and items if necessary) shall be stated in the pleading. for the purpose of service of all processes in the suit or in any appeal from any decree or order therein
5. [Further and better statement, or particulars.] Omitted by the Code of Civil Procedure made and for the purpose of execution, and shall hold good, subject as aforesaid, for a period of two years
(Amendment) Act, 1999 (46 of 1999), s. 16 (w.e.f. 1-7-2002). after the final determination of the cause or matter.
6. Condition precedent. —Any condition precedent, the performance or occurrence of which is intended
(4) Service of any process may be effected upon a party at his registered address in all respects as
to be contested, shall be distinctly specified in his pleading by the plaintiff or defendant, as the case may be; though such party resided thereat.
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.
(5) Where the registered address of a party is discovered by the Court to be incomplete. false or
7. Departure.—No pleading shall, except by way of amendment, raise any new ground of claim or fictitious, the Court may, either on its own motion, or on the application of any party, order—
contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same.
8. Denial of contract.—Where a contract is alleged in any pleading, a bare denial of the same by the (a) in the case where such registered address was furnished by a plaintiff, stay of the suit, or
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. (b) in the case where such registered address was furnished by a defendant, his defence be
struck out and he be placed in the same position as if he had not put up any defence.
9. Effect of document to be stated.—Wherever the contents of any document are material, it shall be
sufficient in any pleading to state the effect thereof as briefly as possible, without setting out the whole or
any part thereof, unless the precise words of the document or any part thereof are material. (6) Where a suit is stayed or a defence is struck out under sub-rule (5), the plaintiff or, as the case may be,
the defendant may, after furnishing his true address, apply to the Court for an order to set aside the order of
10. Malice, knowledge, etc.—Wherever it is material to allege malice, fradulent intention, knowledge stay or, as the case may be, the order striking out the defence.
or other condition of the mind of any person, it shall be sufficient to allege the same as a fact without (7) The Court, if satisfied that the party was prevented by any sufficient cause from filing the true address
setting out the circumstances from which the same is to be inferred. at the proper time, shall set aside the order of stay or order striking out the defence, on such terms as to costs or
otherwise as it thinks fit and shall appoint a day for proceeding with the suit or defence, as the case may be.
11. Notice.—Wherever it is material to allege notice to any person of any fact, matter or thing, it shall
be sufficient to allege such notice as a fact, unless the form or the precise terms of such notice, or the (8) Nothing in this rule shall prevent the Court from directing the service of a process at any other address,
circumstances from which such notice is to be inferred, are material. if, for any reason, it thinks fit to do so.]

15. Verification of pleadings.—(1) Save as otherwise provided by any law for the time being in force,
12. Implied contract, or relation.—Whenever any contract or any relation between any persons is to every pleading shall be verified at the foot by the party or by one of the parties pleading or by some other
be implied from a series of letters or conversations or otherwise from a number of circumstances, it shall person proved to the satisfaction of the Court to be acquainted with the facts of the case.
be sufficient to allege such contract or relation as a fact, and to refer generally to such letters,
conversations or circumstances without setting them out in detail. And if in such case the person so (2) The person verifying shall specify, by reference to the numbered paragraphs of the pleading, what he
verifies of his own knowledge and what he verifies upon information received and believed to be true.

1. Subs. by Act 104 of 1976, s. 56, for rule 2 (w.e.f. 1-2-1977).

* Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). 1. Ins. by Act 104 of 1976, s. 56 (w.e.f. 1-2-1977).

95 96
 (3) The verification shall be signed by the person making it and shall state the date on which and the place ____
at which it was signed.
ORDER VII
1[(4) The person verifying the pleading shall also furnish an affidavit in support of his pleadings.
Plaint
*[15A. Verification of pleadings in a commercial dispute.— (1) Notwithstanding anything contained in
Rule 15, every pleading in a commercial dispute shall be verified by an affidavit in the manner and form 1. Particulars to be contained in plaint.—The plaint shall contain the following particulars:—
prescribed in the Appendix to this Schedule.
(a) the name of the Court in which the suit is brought;
(2) An affidavit under sub-rule (1) above shall be signed by the party or by one of the parties to the
proceedings, or by any other person on behalf of such party or parties who is proved to the satisfaction of the (b) the name, description and place of residence of the plaintiff;
Court to be acquainted with the facts of the case and who is duly authorised by such party or parties. (c) the name, description and place of residence of the defendant, so far as they can be ascertained;
(3) Where a pleading is amended, the amendments must be verified in the form and manner referred to in (d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that
sub-rule (1) unless the Court orders otherwise. effect;
(4) Where a pleading is not verified in the manner provided under sub-rule (1), the party shall not be (e) the facts constituting the cause of action and when it arose;
permitted to rely on such pleading as evidence or any of the matters set out therein.
(f) the facts showing that the Court has jurisdiction;
(5) The Court may strike out a pleading which is not verified by a Statement of Truth, namely, the
affidavit set out in the Appendix to this Schedule.] (g) the relief which the plaintiff claims;
2
[16. Striking out pleadings.—The Court may at any stage of the proceedings order to be struck out or (h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so
amended any matter in any pleading— allowed, or relinquished; and
(a) which may be unnecessary, scandalous, frivolous or vexatious, of (i) a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of
court-fees, so far as the case admits.
(b) which may tend to prejudice, embarrass or delay the fair trail of the suit, or
2. In money suits.—Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount
(c) which is otherwise an abuse of the process of the Court.] claimed :
3[17.
Amendment of pleadings.—The Court may at any stage of the proceedings allow either party to But where the plaintiff sues for mesne profits, or for an amount which will be found due to him on taking
alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall unsettled accounts between him and the defendant, 1[or for movables in the possession of the defendant, or for debts
be made as may be necessary for the purpose of determining the real questions in controversy between the of which the value he cannot, after the exercise of reasonable diligence, estimate, the plaint shall state approximately
parties: the amount or value sued for.]

Provided that no application for amendment shall be allowed after the trial has commenced, unless the *[2A. Where interest is sought in the suit. — (1) Where the plaintiff seeks interest, the plaint shall contain a
Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before statement to that effect along with the details set out under sub-rules (2) and (3).
the commencement of trial.
(2) Where the plaintiff seeks interest, the plaint shall state whether the plaintiff is seeking interest in
18. Failure to amend after Order.—If a party who has obtained an order for leave to amend does not relation to a commercial transaction within the meaning of section 34 of the Code of Civil Procedure,
amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited then 1908 (5 of 1908) and, furthermore, if the plaintiff is doing so under the terms of a contract or under an Act, in
within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such which case the Act is to be specified in the plaint; or on some other basis and shall state the basis of that.
limited time as aforesaid or of such fourteen days, as the case may be, unless the time is extended by the
(3) Pleadings shall also state—
Court.]
(a) the rate at which interest is claimed;
STATE AMENDMENT
(b) the date from which it is claimed;
Uttar Pradesh
(c) the date to which it is calculated;
Amendment of Order VI of the First Schedule.— In the First Schedule to the said
Code, in Order VI, in rule 15, in sub-rule (1), for words, “on oath administered by an (d) the total amount of interest claimed to the date of calculation; and
officer empowered under section 137 of the Code,” (e) the daily rate at which interest accrues after that date.]
[Vide Uttar Pradesh Act 31 of 1978, s. 4] STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs)―
In Order VII, after Rule, insert the following Rule, namely:-
1. Ins. by Act 46 of 1999, s. 16 (w.e.f. 1-7-2002).
2. Subs. by Act 104 of 1976, s. 56, for rule 16 (w.e.f. 1-2-1977). 1. Subs. by Act 104 of 1976, s. 57, for certain words (w.e.f. 1-2-1977).
3. Subs. by Act 22 of 2002, s. 7, for rules 17 and 18 (w.e.f. 1-7-2002). *. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).
* Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).

97 98

1
2A. Where interest is sought in the suit.—(1) Where the plaintiff seeks interests, the plaint shall [Explanation.— For the removal of doubts, it is hereby declared that a Court of appeal or
contain a statement to that effect along with the details set out under sub-rules (2) and (3). revision may direct after setting aside the decree passed in a suit, the return of the plaint under this
sub-rule.]
(2) Where the plaintiff seeks interest, the plaint shall state whether the plaintiff is seeking interest in
relation to a commercial transaction within the meaning of section 34 of the Code of Civil Procedure, (2) Procedure on returning plaint. —On returning a plaint, the Judge shall endorse thereon the
1908 and, furthermore, if the plaintiff is doing so under the terms of a contract or under an Act, in which date of its presentation and return, the name of the party presenting it, and a brief statement of the
case the Act is to be specified in the plaint; or on some other basis and shall state the basis of that. reasons for returning it.
(3) Pleadings shall also state— 3
[10A. Power of Court to fix a date of appearance in the Court where plaint is to be filed
(a) the rate at which interest is claimed; after its return.—(1) Where, in any suit, after the defendant has appeared, the Court is of opinion
that the plaint should be returned, it shall, before doing so, intimate its decision to the plaintiff.]
(b) the date from which it is claimed;
(2) Where an intimation is given to the plaintiff under sub-rule (1), the plaintiff may make an
(c) the date to which it is calculated; application to thc Court—
(d) the total amount of interest claimed to the date calculation; and
(a) specifying the Court in which he proposes to present the plaint after its return,
(e) the daily rate at which interest accrues after the date.
(b) praying that the Court may fix a date for the appearance of the parties in the said Court, and
[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 (c) requesting that the notice of the date so fixed may be given to him and to the defendant.
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)].
(3) Where an application is made by the plaintiff under sub-rule (2), the Court shall, before
3. Where the subject-matter of the suit is immovable property.—Where the subject-matter of the suit is returning the plaint and notwithstanding that the order for return of plaint was made by it on the
immovable property, the plaint shall contain a description of the property sufficient to identify it, and, in case such ground that it has no jurisdiction to try the suit,—
property can be identified by boundaries or numbers in a record of settlement or survey, the plaint shall specify such
boundaries or numbers. (a) fix a date for the appearance of the parties in the Court in which the plaint is proposed to
4. When plaintiff sues as representative.—Where the plaintiff sues in a representative character the plaint be presented, and
shall show not only that he has an actual existing interest in the subject-matter, but that he has taken the steps (if
any) necessary to enable him to institute a suit concerning it. (b) give to the plaintiff and to the defendant notice of such date for appearance.
5. Defendant’s interest and liability to be shown.—The plaint shall show that the defendant is or claims to be (4) Where the notice of the date for appearance is given under sub-rule (3),—
interested in the subject-matter, and that he is liable to be called upon to answer the plaintiff’s demand.
(a) it shall not be necessary for the Court in which the plaint is presented after its return, to
6. Grounds of exemption from limitation law.—Where the suit is instituted after the expiration of the period serve the defendant with a summons for appearance in the suit, unless that Court, for reasons to be
prescribed by the law of limitation, the plaint shall show the ground upon which exemption from such law is recorded, otherwise directs, and
claimed :
1
[Provided that the Court may permit the plaintiff to claim exemption from the law of limitation on any ground (b) the said notice shall be deemed to be a summons for the appearance of the defendant in the
not set out in the plaint, if such ground is not inconsistent with the grounds set out in the plaint.] Court in which the plaint is presented on the date so fixed by the Court by which the plaint was
returned.
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 (5) Where the application made by the plaintiff under sub-rule (2) is allowed by the Court, the
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 plaintiff shall not be entitled to appeal against the order returning the plaint.
any relief claimed by the defendant in his written statement. 10B. Power of appellate Court to transfer suit to the proper Court.— (1) Where, on an
8. Relief founded on separate grounds.—Where the plaintiff seeks relief in respect of several distinct claims appeal against an order for the return of plaint, the Court hearing the appeal confirms such order, the
or causes of action founded upon separate and distinct grounds, they shall be stated as far as may be separately and Court of appeal may, if the plaintiff by an application so desires, while returning the plaint, direct
distinctly. plaintiff to file the plaint, subject to the provisions of the Limitation Act, 1963 (36 of 1963), in the
2 Court in which the suit should have been instituted, (whether such Court is within or without the State
[9. Procedure on admitting plaint.—Where the Court orders that the summons be served on the defendants in
in which the Court hearing the appeal is situated), and fix a date for the appearance of the parties in the
the manner provided in rule 9 of Order V, it will direct the plaintiff to present as many copies of the plaint on
Court in which the plaint is directed to be filed and when the date is so fixed it shall not be necessary
plain paper as there are defendants within seven days from the date of such order along with requisite fee for
for the Court in which the plaint is filed to serve the defendant with the summons for appearance in the
service of summons on the defendants.]
suit, unless that Court in which the plaint is filed, for reasons to be recorded, otherwise directs.
3
10. Return of plaint.—(1) 4[ Subject to the provisions of rule 10A, the plaint shall] at any stage (2) The direction made by the Court under sub-rule (1) shall be without any prejudice to the rights of
of the suit be returned to be presented to the Court in which the suit should have been instituted. the parties to question the jurisdiction of the Court, in which the plaint is filed, to try the suit.]
11. Rejection of plaint.— The plaint shall be rejected in the following cases:—
(a) where it does not disclose a cause of action;
1. The proviso added by Act 104 of 1976, s. 57 (w.e.f. 1-2-1977).
2. Subs. by Act 22 of 2002, s. 8, for rule 9 (w.e.f. 1-7-2002).
3. This rule has been applied to suits for the recovery of rent under the Chota Nagpur Tenancy Act, 1908 (Ben. 6 of 1908) s. 265.
4. Subs. by Act 104 of 1976, s. 57, for certain words (w.e.f. 1-2-1977). 1. Ins. by s. 57, ibid. (w.e.f. 1-2-1977).

99 100
 (b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to (2) Original entry to be marked and returned.—The Court or such officer as it appoints in this behalf, shall
correct the valuation within a time to be fixed by the Court, fails to do so; forthwith mark the document for the purpose of identification; and, after examining and comparing the copy with
the original, shall, if it is found correct, certify it to be so and return the book to the plaintiff and cause the copy to be
(c) where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently filed.
stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a
time to be fixed by the Court, fails to do so; 18. [Inadmissibility of document not produced when plaint filed.] omitted by Act 22 of 2002, s. 8 (w. e. f. 1-7-
2002).
(d) where the suit appears from the statement in the plaint to be barred by any law;
______
1
[(e) where it is not filed in duplicate;]
ORDER VIII
2
[(f) where the plaintiff fails to comply with the provisions of rule 9:]
1
3 [Written statement, set-off and counter-claim]
[Provided that the time fixed by the Court for the correction of the valuation or supplying of the
requisite stamp-paper shall not be extended unless the Court, for reasons to be recorded, is satisfied that 2
[1. Written Statement.—The Defendant shall, within thirty days from the date of service of
the plaintiff was prevented by any cause of an exceptional nature from correcting the valuation or summons on him, present a written statement of his defence:
supplying the requisite stamp-paper, as the case may be, within the time fixed by the Court and that
refusal to extend such time would cause grave injustice to the plaintiff.] Provided that where the defendant fails to file the written statement within the said period of thirty
days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons
12. Procedure on rejecting plaint.—Where a plaint is rejected the Judge shall record an order to that to be recorded in writing, but which shall not be later than ninety days from the date of service of
effect with the reasons for such order. summons.]
13. Where rejection of plaint does not preclude presentation of fresh plaint.—The rejection of *[Provided that where the defendant fails to file the written statement within the said period of thirty
the plaint on any of the grounds hereinbefore mentioned shall not of its own force preclude the plaintiff days, he shall be allowed to file the written statement on such other day, as may be specified by the Court,
from presenting a fresh plaint in respect of the same cause of action. for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall
Documents relied on in plaint not be later than one hundred twenty days from the date of service of summons and on expiry of one
4 hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the
[14. Production of document on which plaintiff sues or relies.—(1) Where a plaintiff sues upon a written statement and the Court shall not allow the written statement to be taken on record.]
document or relies upon document in his possession or power in support of his claim, he shall enter such
documents in a list, and shall produce it in Court when the plaint is presented by him and shall, at the STATE AMENDMENTS
same time deliver the document and a copy thereof, to be filed with the plaint.
Jammu and Kashmir and Ladakh (UTs). —
(2) Where any such document is not in the possession or power of the plaintiff, he shall, wherever
possible, state in whose possession or power it is. In Rule 1, for the proviso thereto, substitute the following proviso, namely,-
5 Provided that where the defendant fails to file the written statement with the said period of thirty days,
[(3) A document which ought to be produced in Court by the plaintiff when the plaint is presented, or
to be entered in the list to be added or annexed to the plaint but is not produced or entered accordingly, he shall be allowed to file the written statement on such other day, as may be specified by the court, for
shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.] reasons to be recorded in writing and on payment of such costs as the court deems fit, but which shall not
be later than one hundred twenty days from the date of service of summons and on expiry of one hundred
(4) Nothing in this rule shall apply to document produced for the cross-examination of the plaintiffs
twenty days from the date of service of summons, the defendant shall forfeit the right to file the written
witnesses, or handed over to a witness merely to refresh his memory.]
statement and the court shall not allow the written statement to be taken on record.
15. [Statement in case of documents not in plaintiff possession or powers.] omitted by Act 46 of 1999
s. 17 (w.e.f. 1-7-2002). [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
16. Suits on lost negotiable instruments.—Where the suit is founded upon a negotiable instrument, (Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)].
and it is proved that the instrument is lost, and an indemnity is given by the plaintiff, to the satisfaction of
3
the Court, against the claims of any other person upon such instrument, the Court may pass such decree as [1A. Duty of defendant to produce documents upon which relief is claimed or relied upon by
it would have passed if the plaintiff had produced the instrument in Court when the plaint was presented, him.—(1) Where the defendant bases his defence upon a document or relies upon any document in his
and had at the same time delivered a copy of the instrument to be filed with the plaint. possession or power, in support of his defence or claim for set-off or counter-claim, he shall enter such
document in a list, and shall produce it in Court when the written statement is presented by him and shall, at
17. Production of shop-book.—(1) Save in so far as is otherwise provided by the Bankers’ Books Evidence the same time, deliver the document and a copy thereof, to be filed with the written statement.
Act, 1891 (XVIII of 1891), where the document on which the plaintiff sues is an entry in a shop-book or other
account in his possession or power, the plaintiff shall produce the book or account at the time of filing the plaint, (2) Where any such document is not in the possession or power of the defendant, he shall, wherever
together with a copy of the entry on which he relies. possible, state in whose possession or power it is.

1. Ins. by Act 46 of 1999, s. 17 (w.e.f. 1-7-2002).

2. Subs. by Act 22 of 2002, s. 8, for sub-clauses (f) and (g) (w.e.f. 1-7-2002).
3. Added by Act 104 of 1976, s. 57 (w.e.f. 1-2-1977). 1. Subs. by Act 104 of 1976, s. 58, for the former head ing (w.e.f. 1-2-1977).
4. Subs. by Act 46 of 1999, s. 17, for rule 14 (w.e.f. 1-7-2002). 2. Subs. by Act 22 of 2002, s. 9, for rule 1 (w.e.f 1 -7-2002).
5. Subs. by Act 22 of 2002, s. 8, for sub-rule (3) (w.e.f. 1-7-2002). 3. Ins. by Act 46 of 1999, s.18 (w.e.f. 1 -7-2002).

101 102

1
[(3) A document which ought to be produced in Court by the defendant under this rule, but, is not so 4. Evasive-denial.—Where a defendant denies an allegation of fact in the plaint, he must not do so
produced shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of evasively, but answer the point of substance. Thus, if it is alleged that he received a certain sum of
the suit.] money, it shall not be sufficient to deny that he received that particular amount, but he must deny that he
(4) Nothing in this rule shall apply to documents— received that sum or any part thereof, or else set out how much he received. And if an allegation is made
with diverse circumstances, it shall not be sufficient to deny it along with those circumstances.
(a) produced for the cross-examination of the plaintiff's witnesses, or
5. Specific denial.—1[(1)] Every allegation of fact in the plaint, if not denied specifically or by
(b) handed over to a witness merely to refresh his memory.] necessary implication, or stated to be not admitted in the pleading of the defendant, shall be taken to be
admitted except as against a person under disability:
2. New facts must be specially pleaded.—The defendant must raise by his pleading all matters which
show the suit not be maintainable, or that the transaction is either void or voidable in point of law, and all Provided that the Court may in its discretion require any fact so admitted to be proved otherwise than
such grounds of defence as, if not raised, would be likely to take the opposite party by surprise, or would by such admission:
raise issues of fact not arising out of the plaint, as, for instance, fraud, limitation, release, payment, *[Provided further that every allegation of fact in the plaint, if not denied in the manner provided
performance, or facts showing illegality. under Rule 3A of this Order, shall be taken to be admitted except as against a person under disability.]
2
3. Denial to be specific.—It shall not be sufficient for a defendant in his written statement to deny [(2) Where the defendant has not filed a pleading, it shall be lawful for the court to pronounce
generally the grounds alleged by the plaintiff, but the defendant must deal specifically with each judgment on the basis of the facts contained in the plaint, except as against a person under a disability, but
allegation of fact of which he does not admit the truth, except damages. the Court may, in its discretion, require any such fact to be proved.
(3) In exercising its discretion under the proviso to sub-rule (1) or under sub-rule (2), the Court shall
*[3A. Denial by the defendant in suits before the Commercial Division of the High Court or the have due regard to the fact whether the defendant could have, or has, engaged a pleader.
Commercial Court.— (1) Denial shall be in the manner provided in sub-rules (2), (3), (4) and (5) of this
Rule. (4) Whenever a judgment is pronounced under this rule, a decree shall be drawn up in accordance
with such judgment and such decree shall bear the date on which the judgment was pronounced.]
(2) The defendant in his written statement shall state which of the allegations in the particulars of STATE AMENDMENT
plaint he denies, which allegations he is unable to admit or deny, but which he requires the plaintiff to
prove, and which allegations he admits. Jammu and Kashmir and Ladakh (UTs).—
In Rule 5, in sub-rule (1) after first proviso thereto, insert the following proviso, namely:-
(3) Where the defendant denies an allegation of fact in a plaint, he must state his reasons for doing so
and if he intends to put forward a different version of events from that given by the plaintiff, he must state Provided further, that every allegation of fact in the plaint, if not denied in the manner provided
his own version. under Rue 3-A of this order, shall be taken to be admitted except as against a person under disability.
(4) If the defendant disputes the jurisdiction of the Court he must state the reasons for doing so, and if [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
he is able, give his own statement as to which Court ought to have jurisdiction.
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)].
(5) If the defendant disputes the plaintiff’s valuation of the suit, he must state his reasons for doing so, 6. Particulars of set-off to be given in written statement.—(1) Where in a suit for the recovery of
and if he is able, give his own statement of the value of the suit.] money the defendant claims to set-off against the plaintiff's demand any ascertained sum of money legally
STATE AMENDMENT 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
Jammu and Kashmir and Ladakh (UTs).― the suit, but not afterwards unless permitted by the Court, presents a written statement containing the
After Rue 3, insert the following Rule, namely,- particulars of the debt sought to be set-off.
“3A. Denial by the defendant in suits.—(1) Denial shall be in the manner provided in sub-rules (2), (2) Effect of set-off.—The written statement shall have the same effect as a plaint in a cross-suit so as
(3), (4) and (5) of this rule. 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
(2) The defendant in his written statement shall state which of the allegations in the particulars of him under the decree.
plaint he denies, which allegations he is unable to admit or deny, but which he requires the plaintiff to (3) The rules relating to a written statement by a defendant apply to a written statement in answer to a
prove, and which allegations he admits. claim of set-off.
(3) Where the defendant denies an allegation of fact in a plaint, he must state his reasons for doing so Illustrations
and if he intends to put forward a different version of events from that given by the plaintiff, he must state (a) A bequeaths Rs. 2,000 to B and appoints C his executor and residuary legatee. B dies and D takes out adminis tration
his own version. 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
(4) If the defendant disputes the jurisdiction of the court he must state the reasons for doing so, and if the payment of the Rs. 1,000.
he is able, give his own statement as to which court ought to have jurisdiction.
(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.
(5) If the defendant disputes the plaintiff valuation of the suit, he must state his reasons for doing so, In a suit for the purchase-money by C against B, the latter cannot set-off the debt against the price, for C fills
and if he is able, give his own statement of the value of the suit. 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
[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification compensation which he claims to set-off. The amount not being ascertained cannot be set-off.
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)].
1. Rule 5 renumbered as sub-rule (I) by Act 104 of 1976, s. 58 (w.e.f. 1-2-1977).
1. Subs. by Act 22 of 2002, s. 9, for sub-rule (3) (w.e.f. 1-7-2002). 2. Ins. by s. 58, ibid. (w.e.f. 1-2-1977).
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). *. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015).

103 104
(d) A sues B on a bill of exchange for Rs. 500. B holds a judgment against A for Rs. 1,000. The two claims being both definite and upon such terms as the Court thinks fit; but the Court may at any time require a written statement or
pecuniary demands may be set-off. additional written statement from any of the parties and fix a time of not more than thirty days for
(e) A sues B for compensation on account of trespass. B hold a promissory note for Rs. 1,000 from A and claims to set-off that presenting the same.
amount against any sum that A may recover in the suit. B may do so, for, as soon as A recovers, both sums are definite 10. Procedure when party fails to present written statement called for by Court.—Where any
pecuniary demands.
party from whom a written statement is required under rule 1 or rule 9 fails to present the same within the
(f) A and B sue C for Rs. 1,000. C cannot set-off a debt due to him by A alone. time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him,
(g) A sues B and C for Rs. 1,000. B cannot set-off a debt due to him alone by A. or make such order in relation to the suit as it thinks fit and on the pronouncement of such judgment a
(h) A owes the partnership firm of B and C Rs. 1,000. B dies, leaving C surviving. A sues C for a debt for Rs. 1,500 due in his
separate character. C may set-off the debt of Rs. 1,000. decree shall be drawn up:]
1
[6A. Counter-claim by defendant.—(1) A defendant in a suit may, in addition to his right of *[Provided further that no Court shall make an order to extend the time provided under Rule 1 of this
pleading a set-off under rule 6, set up, by way of counter-claim against the claim of the plaintiff, any Order for filing of the written statement.]
right or claim in respect of a cause of action accruing to the defendant against the plaintiff either before STATE AMENDMENT
or after the filing of the suit but before the defendant has delivered his defence or before the time limited Jammu and Kashmir and Ladakh (UTs).―
for delivering his defence has expired, whether such counter-claim is in the nature of a claim for In Rule 10, insert the following proviso, namely:-
damages or not: Provided that no court shall make an order to extend the time provided under Rule 1 of this order for
Provided that such counter-claim shall not exceed the pecuniary limits of the jurisdiction of the filing of the written statement.
court. [Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification
(2) Such counter-claim shall have the same effect as a cross-suit so as to enable the Court to pro- No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of
nounce a final judgment in the same suit, both on the original claim and on the counter-claim. Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)].
(3) The plaintiff shall be at liberty to file a written statement in answer to the counter-claim of the ______
defendant within such period as may be fixed by the court. ORDER IX
(4) The counter-claim shall be treated as a plaint and governed by the rules applicable to plaints.
6B. Counter-claim to be stated.— Where any defendant seeks to rely upon any ground as support- Appearance of parties and consequence of non-appearance
ing a right of counter-claim, he shall, in his written statement, state specifically that he does so by way of 1. Parties to appear on day fixed in summons for defendant to appear and answer.—On the day
counter-claim. fixed in the summons for the defendant to appear and answer, the parties shall be in attendance at the
6C. Exclusion of counter-claim.—Where a defendant sets up a counter-claim and the plaintiff con- Court-house in person or by their respective pleaders, and the suit shall then be heard unless the hearing is
tends that the claim thereby raised ought not to be disposed of by way of counter-claim but in an indepen- adjourned to a future day fixed by the Court.
dent suit, the plaintiff may, at any time before issues are settled in relation to the counter-claim, apply to 1
the Court for an order that such counter-claim may be excluded, and the Court may, on the hearing of [2. Dismissal of suit where summons not served in consequence of plaintiff's failure to pay
such application make such order as it thinks fit. costs.—Where on the day so fixed it is found that summons has not been served upon the defendant in
6D. Effect of discontinuance of suit.— If in any case in which the defendant sets up a counterclaim, consequence of the failure of the plaintiff to pay the court-fee or postal charges, if any, chargeable for
the suit of the plaintiff is stayed, discontinued or dismissed, the counter-claim may nevertheless be such service, or failure to present copies of the plaint as required by rule 9 of Order VII, the Court may
proceeded with. make an order that the suit be dismissed:
6E. Default of plaintiff to reply to counter-claim.—If the plaintiff makes default in putting in a Provided that no such order shall be made, if notwithstanding such failure, the defendant attends in
reply to the counter-claim made by the defendant, the Court may pronounce judgment against the plaintiff person or by agent when he is allowed to appear by agent on the day fixed for him to appear and answer.]
in relation to the counter-claim made against him, or make such order in relation to the counter-claim as it
3. Where neither party appears suit to be dismissed.—Where neither party appears when the suit
thinks fit.
is called on for hearing, the court may make an order that the suit be dismissed.
6F. Relief to defendant where counter-claim succeeds.—Where in any suit a set-off or counter-
claim is established as a defence against the plaintiff’s claim and any balance is found due to the 4. Plaintiff may bring fresh suit or Court may restore suit to file.—Where a suit is dismissed
plaintiff or the defendant, as the case may be. the Court may give judgment to the party entitled to under rule 2 or rule 3, the plaintiff may (subject to the law of limitation) bring a fresh suit; or he may
such balance. apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for
2
6G. Rules relating to written statement to apply.—The rules relating to a written statement by a [such failure as is referred to in rule 2], or for his non-appearance, as the case may be, the Court shall
defendant shall apply to a written statement filed in answer to a counter-claim.] make an order setting aside the dismissal and shall appoint a day for proceeding with the suit.
7. Defence or set-off founded upon separate grounds.—Where the defendant relies upon several 5. Dismissal of suit where plaintiff after summons returned unserved, fails for 3[seven days] to
distinct grounds of defence or set-off 1[or counter-claim] founded upon separate and distinct facts, they apply for fresh summons. —4[(1) Where after a summons has been issued to the defendant, or to one of
shall be stated, as far as may be, separately and distinctly. several defendants, and returned unserved, the plaintiff fails, for a period of 1[seven days] from the date of
8. New ground of defence.—Any ground of defence which has arisen after the institution of the suit the return made to the Court by the officer ordinarily certifying to the Court returns made by the serving
or the presentation of a written statement claiming a set-off 1[or counter-claim] may be raised by the officers, to apply for the issue of a fresh summons the Court shall make an order that the suit be dismissed as
defendant or plaintiff, as the case may be, in his written statement. against such defendant, unless the plaintiff has within the said period satisfied the Court that—
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
1. Subs. by s. 10, ibid., for rule 2 (w.e.f. 1-7-2002).
than by way of defence to set-off or counter-claim shall be presented except by the leave of the Court
2. Subs. by Act 104 of 1976 s. 59, for certain words (w.e.f. 1 -2-1977).
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).
1. Ins. by Act 104 of 1976, s. 58 (w.e.f. 1-2-1977). 3. Subs. by Act 46 of 1999, s. 19, for “one month” (w.e.f 1 -7-2002).
2. Subs. by Act 22 of 2002, s. 9, for rules 9 and 10 (w.e.f. 1-7-2002). 4. Subs. by Act 24 of 1920 s. 2, for sub-rule (1).

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(a) he has failed after using his best endeavours to discover the residence of the defendant, who Setting aside Decrees ex parte
has not been served, or 13. Setting aside decree ex parte against defendant.—In any case in which a decree is passed
(b) such defendant is avoiding service of process, or ex parte against a defendant, he may apply to the Court by which the decree was passed for an order to set
(c) there is any other sufficient cause for extending the time, it aside; and if he satisfies the Court that the summons was not duly served, or that he was prevented by
in which case the Court may extend the time for making such application for such period as it thinks fit.] any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an
order setting aside the decree as against him upon such terms as to costs, payment into Court or otherwise
(2) In such case the plaintiff may (subject to the law of limitation) bring a fresh suit. as it thinks fit, and shall appoint a day for proceeding with the suit:
6. Procedure when only plaintiff appears.—(1) Where the plaintiff appears and the defendant does
Provided that where the decree is of such a nature that it cannot be set aside as against such defendant
not appear when the suit is called on for hearing, then— only it may be set aside as against all or any of the other defendants also:
1
[(a) When summons duly served.—if it is proved that the summons was duly served, the Court 1
[Provided further than no Court shall set aside a decree passed ex parte merely on the ground that
may make an order that the suit shall be heard ex parte;] there has been an irregularity in the service of summons, if it is satisfied that the defendant had notice of
(b) When summons not duly served.—if it is not proved that the summons was duly served, the the date of hearing and had sufficient time to appear and answer the plaintiff's claim.]
Court shall direct a second summons to be issued and served on the defendant; 2
[Explanation.—Where there has been an appeal against a decree passed ex parte under this rule, and
(c) When summons served but not in due time.—if it is proved that the summons was served the appeal has been disposed of an any ground other than the ground that the appellant has withdrawn the
on the defendant, but not in sufficient time to enable him to appear and answer on the day fixed in the appeal, no application shall lie under this rule for setting aside that ex parte decree.]
summons,
14. No decree to be set aside without notice to opposite party.—No decree shall be set aside on
the Court shall postpone the hearing of the suit to a future day to be fixed by the Court, and shall direct any such application as aforesaid unless notice thereof has been served on the opposite party.
notice of such day to be given to the defendant.
ORDER X
(2) Where it is owing to the plaintiff’s default that the summons was not duly served or was not served
Examination of parties by the court
in sufficient time, the Court shall order the plaintiff to pay the costs occasioned by the postponement.
1. Ascertainment whether allegations in pleadings are admitted or denied.—At the first hearing
7. Procedure where defendant appears on day of adjourned hearing and assigns good cause for
of the suit the Court shall ascertain from each party or his pleader whether he admits or denies such
previous non-appearance.—Where the Court has adjourned the hearing of the suit, ex parte, and the
allegations of fact as are made in the plaint or written statement (if any) of the opposite party, and as are
defendant, at or before such hearing appears and assigns good cause for his previous non-appearance, he may, not expressly or by necessary implication admitted or denied by the party against whom they are made.
upon such terms as the Court directs as to costs or otherwise, be heard in answer to the suit as if he had
The Court shall record such admissions and denials.
appeared on the day fixed for his appearance. 3
[1A. Direction of the court to opt for any one mode of alternative dispute resolution.—After
8. Procedure where defendant only appears.—Where the defendant appears and the plaintiff does
recording the admissions and denials, the court shall direct the parties to the suit to opt either mode of the
not appear when the suit is called on for hearing, the Court shall make an order that the suit be dismissed, settlement outside the court as specified in sub-section (1) of section 89. On the option of the parties, the
unless the defendant admits the claim, or part thereof, in which case the Court shall pass a decree against court shall fix the date of appearance before such forum or authority as may be opted by the parties.
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. 1B. Appearance before the conciliatory forum or authority.—Where a suit is referred under rule
1A, the parties shall appear before such forum or authority for conciliation of the suit.
9. Decree against plaintiff by default bars fresh suit.—(1) Where a suit is wholly or partly dis-
missed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause 1C. Appearance before the court consequent to the failure of efforts of conciliation.—Where a suit is
of action. But he may apply for an order to set the dismissal aside, and if he satisfies the Court that there referred under rule 1A, and the presiding officer of conciliation forum or authority is satisfied that it
was sufficient cause for his non-appearance when the suit was called on for hearing, the Court shall make would not be proper in the interest of justice to proceed with the matter further, then, it shall refer the
an order setting aside the dismissal upon such terms as to costs or otherwise as it thinks fit, and shall matter again to the court and direct the parties to appear before the court on the date fixed by it.]
4
appoint a day for proceeding with the suit. [2. Oral examination of party, or companion of party.—(1) At the first hearing of the suit, the Court—
(2) No order shall be made under this rule unless notice of the application has been served on the (a) shall, with a view to elucidating matters in controversy in the suit examine orally such of the
opposite party. parties to the suit appearing in person or present in Court, as it deems fit; and
10. Procedure in case of non-attendance of one or more of several plaintiff's.—Where there are (b) may orally examine any person, able to answer any material question relating to the suit, by
more plaintiffs than one, and one or more of them appear, and the others do not appear, the Court may, at whom any party appearing in person or present in Court or his pleader is accompanied.
the instance of the plaintiff or plaintiff’s appearing, permit the suit to proceed in the same way as if all the (2) At any subsequent hearing, the Court may orally examine any party appearing in person or
plaintiff’s had appeared, or make such order as it thinks fit. present in Court, or any person, able to answer any material question relating to the suit, by whom such
11. Procedure in case of non-attendance of one or more of several defendants.—Where there are party or his pleader is accompanied.
more defendants than one, and one or more of them appear, and the others do not appear, the suit shall (3) The Court may, if it thinks fit, put in the course of an examination under this rule questions
proceed, and the Court shall, at the time of pronouncing judgment, make such order as it thinks fit with suggested by either party.]
respect to the defendants who do not appear.
12. Consequence of non-attendance, without sufficient cause shown, of party ordered to appear
in person.—Where a plaintiff or defendant, who has been ordered to appear in person, does not appear in
person, or show sufficient cause to the satisfaction of the court for failing so to appear, he shall be subject
to all provisions of the foregoing rules applicable to plaintiffs and defendants, respectively who do not
appear. 1. The proviso added by Act 104 of 1976, s. 59 (w.e.f. 1 -2-1977).
2. Explanation ins. by s. 59, ibid. (w.e.f. 1-2-1977).
3. Ins. by Act 46 of 1999, s. 20 (w.e.f. 1-7-2002).
1. Subs. by Act 104 of 1976, s. 59, for cl. (a) (w.e.f 1-2-1977). 4. Subs. by Act 104 of 1976, s. 60, for rule 2 (w.e.f. 1 -2-1977).

107 108
 1
3. Substance of examination to be written.—The substance of the examination shall be reduced 9. Form of affidavit in answer.—An affidavit in answer to interrogatories shall be in Form No. 3 in
to writing by the Judge, and shall form part of the record. Appendix C, with such variations as circumstances may require.
4. Consequence of refusal or inability of pleader to answer.—(1) Where the pleader of any party
who appears by a pleader or any such person accompanying a pleader as is referred to in rule 2, refuses 10. No exception to be taken.—No exceptions shall be taken to any affidavit in answer, but the
or is unable to answer any material question relating to the suit which the Court is of opinion that the sufficiency or otherwise of any such affidavit objected to as insufficient shall be determined by the
party whom he represents ought to answer, and is likely to be able to answer if interrogated in person, Court.
the Court 2[may postpone the hearing of the suit to a day not later than seven days from the date of first
11. Order to answer or answer further.—Where any person interrogated omits to answer, or
hearing] and direct that such party shall appear in person on such day.
answer insufficiently, the party interrogating may apply to the Court for an order requiring him to
(2) If such party fails without lawful excuse to appear in person on the day so appointed, the Court answer, or to answer further, as the case may be. And an order may be made requiring him to answer or
may pronounce judgment against him, or make such order in relation to the suit as it thinks fit. answer further, either by affidavit or by viva voce examination, as the Court may direct.
______
ORDER XI 12. Application for discovery of documents.—Any party may, without filing any affidavit, apply to
the Court for an order directing any other party to any suit to make discovery on oaths, of the documents
Discovery and Inspection which are or have been in his possession or power, relating to any matter in question therein. On the
1. Discovery by interrogatories.—In any suit the plaintiff or defendant by leave of the Court may deliver hearing of such application the Court may either refuse or adjourn the same, if satisfied that such
interrogatories in writing for the examination of the opposite parties or any one or more of such parties and discovery is not necessary, or not necessary at that stage of the suit, or make such order, either generally
such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories or limited to certain classes of documents, as may, in its discretion be thought fit: Provided that
each of such person is required to answer: Provided that no party shall deliver more than one set of discovery shall not be ordered when and so far as the Court shall be of opinion that it is not necessary
interrogatories to the same party without an order for that purpose: Provided also that interrogatories which do either for disposing fairly of the suit or for saving costs.
not relate to any matters in question in the suit shall be deemed irrelevant, notwithstanding that they might be
admissible on the oral cross-examination of a witness. 13. Affidavit of documents.—The affidavit to be made by a party against whom such order as is
2. Particular interrogatories to be submitted.—On an application for leave to deliver interrogatories, mentioned in the last preceding rule has been made, shall specify which (if any) of the documents therein
the particular interrogatories proposed to be delivered shall be submitted to the Court 3[and that court shall mentioned he objects to produce, and it shall be in Form No. 5 in Appendix C, with such variations as
decide within seven days from the day of filing of the said application]. In deciding upon such application, circumstances may require.
the Court shall take into account any offer, which may be made by the party sought to be interrogated to
deliver particulars, or to make admissions, or to produce documents relating to the matters in question, or 14. Production of documents.—It shall be lawful for the Court, at any time during the pendency of
any of them, and leave shall be given as to such only of the interrogatories submitted as the Court shall any suit, to order the production by any party thereto, upon oath, of such of the documents in his
consider necessary either for disposing fairly of the suit or for saving costs. possession or power, relating to any matter in question in such suit, as the Court shall think right; and the
3. Costs of interrogatories.—In adjusting the costs of the suit inquiry shall at the instance of any Court may deal with such documents, when produced, in such manner as shall appear just.
party be made into the propriety of exhibiting such interrogatories, and if it is the opinion of the taxing
officer or of the Court, either with or without an application for inquiry, that such interrogatories have 15. Inspection of documents referred to in pleadings or affidavits.—Every party to a suit shall be
been exhibited unreasonably, vexatiously, or at improper length, the cost occasioned by the entitled 1[at or before the settlement of issues] to give notice to any other party, in whose pleadings or
interrogatories and the answers thereto shall be paid in any even by the party in fault. affidavits reference is made to any document, 2[or who has entered any document in any list annexed to
4. Form of interrogatories.—Interrogatories shall be in Form No. 2 in Appendix C, with such his pleadings,] to produce such document for the inspection of the party giving such notice, or of his
variations as circumstances may require. pleader, and to permit him or them to take copies thereof; and any party not complying with such notice
shall not afterwards be at liberty to put any such document in evidence on his behalf in such suit unless
5. Corporations.—Where any party to a suit is a corporation or a body of persons, whether
he shall satisfy the Court that such document relates only to his own title, he being a defendant to the
incorporated or not, empowered by law to sue or be sued, whether in its own name or in the name of any
officer or other person, any opposite party may apply for an order allowing him to deliver interrogatories suit, or that he had some other cause or excuse which the Court shall deem sufficient for not complying
to any member or officer of such corporation or body, and an order may be made accordingly. with such notice, in which case the Court may allow the same to be put in evidence on such terms as to
costs and otherwise as the Court shall think fit.
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 16. Notice to produce.—Notice to any party to produce any documents referred to in his pleading or
matters inquired into are not sufficiently material at that stage, 4[or on the ground of privilege or any affidavits shall be in Form No. 7 in Appendix C, with such variations as circumstances may require.
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 17. Time for inspection when notice given.—The party to whom such notice is given shall, within
ground that they have been exhibited unreasonably or vexatiously, or struck out on the ground that they ten days from the receipt of such notice, deliver to the party giving the same a notice stating a time within
are prolix, oppressive, unnecessary or scandalous; and any application for this purpose may be made three days from the delivery thereof at which the documents, or such of them as he does not object to
within seven days after service of the interrogatories. produce, may be inspected at the office of his pleader, or in the case of bankers' books or other books of
account or books in constant use for the purposes of any trade or business, at their usual place of custody,
8. Affidavit in answer, filing.—Interrogatories shall be answered by affidavit to be filed within ten and stating which (if any) of the documents he objects to produce, and on what ground. Such notice shall
days or within such other time as the Court may allow. be in Form No. 8 in Appendix C; with such variations as circumstances may require.

1. This rule is not applicable to the Chief Court of Oudh, see the Oudh Court Act, 1925 (U.P. 4 of 19.25), s. 16(2).
2. Subs. by Act 46 of 1999, s. 20, for certain words (w.e.f. 1-7-2002).
3. Ins. by s. 21, ibid. (w.e.f. 1-7-2002). 1. Subs. by Act 46 of 1999, s. 21, for “at any time” (w.e.f. 1-7-2002).
4. Subs. by Act 104 of 1976, s. 61, for certain words (w.e.f. 1-2-1977). 2. Ins. by Act 104 of 1976, s. 61 (w.e.f. 1-2-1977).

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18. Order for inspection.—(1) Where the party served with notice rule 15 omits to give such notice 22. Using answer to interrogatories at trial.—Any party may, at the trial of a suit, use in evidence
of a time for inspection or objects to give inspection, or offers inspection elsewhere than at the office of any one or more of the answers or any part of an answer of the opposite party to interrogatories without
his pleader, the Court may, on the application of the party desiring it, make an order for inspection in such putting in the others or the whole of such answer : Provided always that in such case the Court may look
place and in such manner as it may think fit: Provided that the order shall not be made when and so far as at the whole of the answers, and if it shall be of opinion that any others of them are so connected with
the Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving those put in that the last-mentioned answer ought not to be used without them, it may direct them to be
costs. put in.
(2) Any application to inspect documents, except such as are referred to in the pleadings, particulars 23. Order to apply to minors.—This Order shall apply to minor plaintiffs and defendants, and to the
or affidavit of the party against whom the application is made or disclosed in his affidavit of documents, next friends and guardians for the suit of persons under disability.
shall be founded upon an affidavit showing of what documents inspection is sought, that the party
______
applying is entitled to inspect them, and that they are in the possession or power of the other party. The
Court shall not make such order for inspection of such documents when and so far as the Court shall be of *[ORDER XI
opinion that it is not necessary either for disposing fairly of the suit or for saving costs.
Disclosure, Discovery and inspection of documents in suits before the commercial division of a high
19. Verified copies.—(1) Where inspection of any business books is applied for, the Court may, if it court or a commercial court
thinks fit, instead of ordering inspection of the original books, order a copy of any entries therein to be
furnished and verified by the affidavit of some person who has examined the copy with the original 1. Disclosure and discovery of documents.—(1) Plaintiff shall file a list of all documents and
entries, and such affidavit shall state whether or not there are in the original book any and what erasures, photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along
interlineations or alterations: Provided that, notwithstanding that such copy has been supplied, the Court with the plaint, including:—
may order inspection of the book from which the copy was made. (a) documents referred to and relied on by the plaintiff in the plaint;
(2) Where on an application for an order for inspection privilege is claimed for any document, it shall (b) documents relating to any matter in question in the proceedings, in the power, possession,
be lawful for the Court to inspect the document for the purpose of deciding as to the validity of the claim control or custody of the plaintiff, as on the date of filing the plaint, irrespective of whether the same
of privilege 1[unless the document relates to matters of State.] is in support of or adverse to the plaintiff’s case;
(3) The Court may, on the application of any party to suit at any time, and whether an affidavit of (c) nothing in this Rule shall apply to documents produced by plaintiffs and relevant only––
documents shall or shall not have already been ordered or made, make an order requiring any other
party to state by affidavit whether any one or more specific documents, to be specified in the (i) for the cross-examination of the defendant’s witnesses, or
application, is or are, or has or have at any time been, in his possession or p ower; and, if not then in (ii) in answer to any case set up by the defendant subsequent to the filing of the plaint, or
his possession, when he parted with the same and what has become thereof. Such application shall be
made on an affidavit stating that in the belief of the deponent the party against whom the application (iii) handed over to a witness merely to refresh his memory.
is made has, or has at some time had in his possession or power the document or documents specified
(2) The list of documents filed with the plaint shall specify whether the documents in the power,
in the application, and that they relate to the matters in question in the suit, or to some of them. possession, control or custody of the plaintiff are originals, office copies or photocopies and the list shall
20. Premature discovery.—Where the party from whom discovery of any kind or inspection is also set out in brief, details of parties to each document, mode of execution, issuance or receipt and line of
sought objects to the same, or any part thereof, the Court may, if satisfied that the right to the discovery or custody of each document.
inspection sought depends on the determination of any issue or question in dispute in the suit, or that for
(3) The plaint shall contain a declaration on oath from the plaintiff that all documents in the power,
any other reason it is desirable that any issue or question in dispute in the suit should be determined possession, control or custody of the plaintiff, pertaining to the facts and circumstances of the proceedings
before deciding upon the right to the discovery or inspection, order that such issue or question be initiated by him have been disclosed and copies thereof annexed with the plaint, and that the plaintiff does
determined first, and reserve the question as to the discovery or inspection. not have any other documents in its power, possession, control or custody.
21. Non-compliance with order for discovery.—2[(1)] Where any party fails to comply with any order to
Explanation.––A declaration on oath under this sub-rule shall be contained in the Statement of Truth
answer interrogatories, or for discovery or inspection of documents, he shall, if a plaintiff, be liable to have his
as set out in the Appendix.
suit dismissed for want of prosecution, and, if a defendant, to have his defence, if any struck out, and to be
placed in the same position as if he had not defended, and the party interrogating or seeking discovery or (4) In case of urgent filings, the plaintiff may seek leave to rely on additional documents, as part of the
inspection may apply to the Court for an order to that effect and 3[an order may be made on such above declaration on oath and subject to grant of such leave by Court, the plaintiff shall file such
application accordingly, after notice to the parties and after giving them a reasonable opportunity of being additional documents in Court, within thirty days of filing the suit, along with a declaration on oath that
heard.] the plaintiff has produced all documents in its power, possession, control or custody, pertaining to the
4
[(2) Where an order is made under sub-rule (1) dismissing any suit, the plaintiff shall be precluded facts and circumstances of the proceedings initiated by the plaintiff and that the plaintiff does not have
from bringing a fresh suit on the same cause of action.] any other documents, in its power, possession, control or custody.
(5) The plaintiff shall not be allowed to rely on documents, which were in the plaintiff’s power,
possession, control or custody and not disclosed along with plaint or within the extended period set out
1. Ins. by Act 104 of 1976, s. 61 (w.e.f. 1-2-1977). above, save and except by leave of Court and such leave shall be granted only upon the plaintiff
2. Rule 21 renumbered as sub-rule (1) by s. 61 (w.e.f. 1-2-19.77). establishing reasonable cause for non-disclosure along with the plaint.
3. Subs. by Act 104 of 1976, s. 61, ibid. for “an order may be made accordingly” (w.e.f. 1-2-1977).
4. Ins. by s. 61, ibid. (w.e.f. 1-2-1977).
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).

111 112
 (6) The plaint shall set out details of documents, which the plaintiff believes to be in the power, offer, which may be made by the party sought to be interrogated to deliver particulars, or to make
possession, control or custody of the defendant and which the plaintiff wishes to rely upon and seek leave admissions, or to produce documents relating to the matters in question, or any of them, and leave shall be
for production thereof by the said defendant. given as to such only of the interrogatories submitted as the court shall consider necessary either for
disposing fairly of the suit or for saving costs.
(7) The defendant shall file a list of all documents and photocopies of all documents, in its power,
possession, control or custody, pertaining to the suit, along with the written statement or with its counter- (3) In adjusting the costs of the suit inquiry shall at the instance of any party be made into the
claim if any, including— propriety of exhibiting such interrogatories, and if it is the opinion of the taxing officer or of the court,
either with or without an application for inquiry, that such interrogatories have been exhibited
(a) the documents referred to and relied on by the defendant in the written statement; unreasonably, vexatiously, or at improper length, the costs occasioned by the said interrogatories and the
answers thereto shall be paid in any event by the party in fault.
(b) the documents relating to any matter in question in the proceeding in the power, possession,
control or custody of the defendant, irrespective of whether the same is in support of or adverse to the (4) Interrogatories shall be in the form provided in Form No. 2 in Appendix C to the Code of Civil
defendant’s defence; Procedure, 1908, (5 of 1908) with such variations as circumstances may require.

(c) nothing in this Rule shall apply to documents produced by the defendants and relevant only–– (5) Where any party to a suit is a corporation or a body of persons, whether incorporated or not,
empowered by law to sue or be sued, whether in its own name or in the name of any officer of other
(i) for the cross-examination of the plaintiff’s witnesses, person, any opposite party may apply for an order allowing him to deliver interrogatories to any member
or officer of such corporation or body, and an order may be made accordingly.
(ii) in answer to any case set up by the plaintiff subsequent to the filing of the plaint, or
(6) Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or
(iii) handed over to a witness merely to refresh his memory. not exhibited bona fide for the purpose of the suit, or that the matters inquired into are not sufficiently
material at that stage, or on the ground of privilege or any other ground may be taken in the affidavit in
(8) The list of documents filed with the written statement or counterclaim shall specify whether the
answer.
documents, in the power, possession, control or custody of the defendant, are originals, office copies or
photocopies and the list shall also set out in brief, details of parties to each document being produced by (7) Any interrogatories may be set aside on the ground that they have been exhibited unreasonably or
the defendant, mode of execution, issuance or receipt and line of custody of each document. 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.
(9) The written statement or counterclaim shall contain a declaration on oath made by the deponent
that all documents in the power, possession, control or custody of the defendant, save and except for those (8) Interrogatories shall be answered by affidavit to be filed within ten days, or within such other time
set out in sub-rule (7) (c) (iii) pertaining to the facts and circumstances of the proceedings initiated by the as the court may allow.
plaintiff or in the counterclaim, have been disclosed and copies thereof annexed with the written (9) An affidavit in answer to interrogatories shall be in the form provided in Form No. 3 in
statement or counterclaim and that the defendant does not have in its power, possession, control or Appendix C to the Code of Civil Procedure, 1908, (5 of 1908), with such variations as circumstances may
custody, any other documents. require.
(10) Save and except for sub-rule (7) (c) (iii), defendant shall not be allowed to rely on documents, (10) No exceptions shall be taken to any affidavit in answer, but the sufficiency or otherwise of any
which were in the defendant’s power, possession, control or custody and not disclosed along with the such affidavit objected to as insufficient shall be determined by the court.
written statement or counterclaim, save and except by leave of Court and such leave shall be granted only (11) Where any person interrogated omits to answer, or answers insufficiently, the party interrogating
upon the defendant establishing reasonable cause for non-disclosure along with the written statement or may apply to the court for an order requiring him to answer, or to answer further, as the case may be, and
counterclaim. an order may be made requiring him to answer, or to answer further, either affidavit or by viva voce
(11) The written statement or counterclaim shall set out details of documents in the power, examination, as the court may direct.
possession, control or custody of the plaintiff, which the defendant wishes to rely upon and which have 3. Inspection. — (1) All parties shall complete inspection of all documents disclosed within thirty
not been disclosed with the plaint, and call upon the plaintiff to produce the same. days of the date of filing of the written statement or written statement to the counterclaim, whichever is
later. The Court may extend this time limit upon application at its discretion, but not beyond thirty days in
(12) Duty to disclose documents, which have come to the notice of a party, shall continue till disposal any event.
of the suit.
2. Discovery by interrogatories. — (1) In any suit the plaintiff or defendant by leave of the court (2) Any party to the proceedings may seek directions from the Court, at any stage of the proceedings,
may deliver interrogatories in writing for the examination of the opposite parties or any one or more of for inspection or production of documents by the other party, of which inspection has been refused by
such parties, and such interrogatories when delivered shall have a note at the foot thereof stating which of such party or documents have not been produced despite issuance of a notice to produce.
such interrogatories each of such persons is required to answer: (3) Order in such application shall be disposed of within thirty days of filing such application,
Provided that no party shall deliver more than one set of interrogatories to the same party without an including filing replies and rejoinders (if permitted by Court) and hearing.
order for that purpose:
(4) If the above application is allowed, inspection and copies thereof shall be furnished to the party
Provided further that interrogatories which do not relate to any matters in question in the suit shall be seeking it, within five days of such order.
deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examination of a
witness. (5) No party shall be permitted to rely on a document, which it had failed to disclose or of which
inspection has not been given, save and except with leave of Court.
(2) On an application for leave to deliver interrogatories, the particular interrogatories proposed to be
delivered shall be submitted to the court, and that court shall decide within seven days from the day of (6) The Court may impose exemplary costs against a defaulting party, who wilfully or negligently
filing of the said application, in deciding upon such application, the court shall take into account any failed to disclose all documents pertaining to a suit or essential for a decision therein and which are in

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their power, possession, control or custody or where a Court holds that inspection or copies of any (3) Where Electronic Records form part of documents disclosed, the declaration on oath to be filed by
documents had been wrongfully or unreasonably withheld or refused. a party shall specify––
(a) the parties to such Electronic Record;
4. Admission and denial of documents. — (1) Each party shall submit a statement of admissions or
denials of all documents disclosed and of which inspection has been completed, within fifteen days of the (b) the manner in which such electronic record was produced and by whom;
completion of inspection or any later date as fixed by the Court. (c) the dates and time of preparation or storage or issuance or receipt of each such electronic
record;
(2) The statement of admissions and denials shall set out explicitly, whether such party was admitting (d) the source of such electronic record and date and time when the electronic record was printed;
or denying:—
(e) in case of email ids, details of ownership, custody and access to such email ids;
(a) correctness of contents of a document; (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
(b) existence of a document; resource;
(c) execution of a document; (g) deponent’s knowledge of contents and correctness of contents;
(h) whether the computer or computer resource used for preparing or receiving or storing such
(d) issuance or receipt of a document;
document or data was functioning properly or in case of malfunction that such malfunction did not
(e) custody of a document. affect the contents of the document stored;
(i) that the printout or copy furnished was taken from the original computer or computer resource.
Explanation.––A statement of admission or denial of the existence of a document made in accordance
(4) The parties relying on printouts or copy in electronic form, of any electronic records, shall not be
with sub-rule (2) (b) shall include the admission or denial of the contents of a document.
required to give inspection of electronic records, provided a declaration is made by such party that each
(3) Each party shall set out reasons for denying a document under any of the above grounds and bare such copy, which has been produced, has been made from the original electronic record.
and unsupported denials shall not be deemed to be denials of a document and proof of such documents (5) The Court may give directions for admissibility of Electronic Records at any stage of the
may then be dispensed with at the discretion of the Court. proceedings.
(4) Any party may however submit bare denials for third party documents of which the party denying (6) Any party may seek directions from the Court and the Court may of its motion issue directions for
does not have any personal knowledge of, and to which the party denying is not a party to in any manner submission of further proof of any electronic record including metadata or logs before admission of such
whatsoever. electronic record.
7. Certain provisions of the Code of Civil Procedure, 1908 not to apply.—For avoidance of doubt,
(5) An Affidavit in support of the statement of admissions and denials shall be filed confirming the it is hereby clarified that Order XIII Rule 1, Order VII Rule 14 and Order VIII Rule 1A of the Code of
correctness of the contents of the statement. Civil Procedure, 1908 (5 of 1908) shall not apply to suits or applications before the Commercial Divisions
of High Court or Commercial Courts.]
(6) In the event that the Court holds that any party has unduly refused to admit a document under any
of the above criteria, – costs (including exemplary costs) for deciding on admissibility of a document may STATE AMENDMENT
be imposed by the Court on such party. Jammu and Kashmir and Ladakh (UTs).―
For Order XI of the Code, substitute the following Order, namely.–
(7) The Court may pass orders with respect to admitted documents including for waiver of further “ORDER XI
proof thereon or rejection of any documents.
DISCLOSURE, DISCOVERY AND INSPECTION OF DOCUMENTS
5. Production of documents. — (1) Any party to a proceeding may seek or the Court may order, at 1. Disclosure and discovery of documents.—(1) Plaintiff shall file a list of all documents and
any time during the pendency of any suit, production by any party or person, of such documents in the photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along
possession or power of such party or person, relating to any matter in question in such suit. with the plaint, including:–
(2) Notice to produce such document shall be issued in the Form provided in Form No. 7 in (a) documents referred and relied on by the plaintiff in the plaint;
Appendix C to the Code of Civil Procedure, 1908 (5 of 1908). (b) documents relating to any matter in question in the proceedings, in the power, possession, control
(3) Any party or person to whom such notice to produce is issued shall be given not less than seven or custody of the plaintiff, as on the date of filing the plaint, irrespective of whether the same is in support
days and not more than fifteen days to produce such document or to answer to their inability to produce of or adverse to the plaintiffs case; and
such document. (c) nothing in this rule shall apply to documents produced by plaintiffs and relevant only–
(4) The Court may draw an adverse inference against a party refusing to produce such document after (i) for the cross-examination of the defendant‘s witnesses, or
issuance of a notice to produce and where sufficient reasons for such non-production are not given and (ii) in answer to any case setup by the defendant subsequent to the filing of the plaint, or
order costs. (iii) handed over to a witness merely to refresh his memory.
6. Electronic records. — (1) In case of disclosures and inspection of Electronic Records (as defined (2) The list of documents filed with the plaint shall specify whether the documents in the power,
in the Information Technology Act, 2000 (21 of 2000)), furnishing of printouts shall be sufficient possession, control or custody of the plaintiff are originals, office copies or photocopies and the list
compliance of the above provisions. shall also set out in brief, details of parties to each document, mode or execution, issuance or receipt
(2) At the discretion of the parties or where required (when parties wish to rely on audio or video and line of custody of each document.
content), copies of electronic records may be furnished in electronic form either in addition to or in lieu of (3) The plaint shall contain a declaration on oath from the plaintiff that all documents in the power,
printouts.

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 possession, control, or custody of the plaintiff, pertaining to the facts and circumstances of the parties, and such interrogatories when delivered shall have a note at the foot thereof stating which of such
proceedings initiated by him have been disclosed and copies thereof annexed with the plaint, and that interrogatories each of such persons is required to answer:
the plaintiff does not have any other documents in its power, possession, control or custody. Provided that no party shall deliver more than one set of interrogatories to the same party without an
Explanation.— A declaration on oath under this sub-rule shall be contained in the Statement of Truth order for that purpose:
as set out in the Appendix I. Provided further that interrogatories which do not relate to any matters in question in the suit shall be
(4) In case of urgent filings, the plaintiff may seek leave to rely on additional documents, as part of deemed irrelevant, notwithstanding that they might be admissible on the oral cross-examination of a
the above declaration on oath and subject to grant of such leave by court, the plaintiff shall file such witness.
additional documents in court, within thirty days of filing the suit, along with a declaration on oath that (2) On an application for leave to deliver interrogatories, the particular interrogatories proposed to
the plaintiff has produced all documents in its power, possession, control or custody, pertaining to the be delivered shall be submitted to the court, and that court shall decide within seven days from the day
facts and circumstances of the proceedings initiated by the plaintiff and that the plaintiff does not have of filing of the said application, in deciding upon such application, the court shall take into account
any other documents, in its power, possession, control or custody. any offer, which may be made by the party sought to be interrogated to deliver particulars, or to make
(5) The plaintiff shall not be allowed to rely on documents, which were in the plaintiff’s power, admissions, or to produce documents relating to the matters in question, or any of them, and leave
possession, control or custody and not disclosed along with plaint or within the extended period set out shall be given as to such only of the interrogatories submitted as the court shall consider necessary
above, save and except by leave of court and such leave shall be granted only upon the plaintiff either for disposing fairly of the suit or for saving costs.
establishing reasonable cause for non-disclosure along with the plaint. (3) In adjusting the costs of the suit inquiry shall at the instance of any party be made into the
(6) The plaint shall set out details of documents, which the plaintiff believes to be in the power, propriety
possession, control or custody or the defendant and which the plaintiff wishes to rely upon and seek of exhibiting such interrogatories, and if it is the opinion of the taxing officer or of the court, either
leave for production thereof by the said defendant. with or without an application for inquiry, that such interrogatories have been exhibited unreasonably,
(7) The defendant shall file a list of all documents and photocopies of all documents, in its power, vexatiously, or at improper length, the costs occasioned by the said interrogatories and the answers
possession, control or custody, pertaining to the suit, along with the written statement or with its thereto shall be paid in any event by the party in fault.
counter-claim if any, including– (4) Interrogatories shall be in the form provided in Form No. 2 in Appendix C to the Code of Civil
(a) the documents referred to and relied on by the defendant in the written statement; Procedure, 1908, with such variations as circumstances may require.
(b) the documents relating to any matter in question in the proceeding in the power, possession, (5) Where any party to a suit is a corporation or a body of persons, whether incorporated or not,
control or custody of the defendant, irrespective of whether the same is in support of or adverse to empowered by law to sue or be sued, whether in its own name or in the name of any officer of other
the defendant’s defense; person, any opposite party may apply for any order allowing him to deliver interrogatories to any
(c) nothing in this rule shall apply to documents produced by the defendants and relevant only– member or officer of such corporation or body, and an order may be made accordingly.
(i) for the cross-examination of the plaintiff‘s witnesses; (6) Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or
(ii) in answer to any case setup by the plaintiff subsequent to the filing of the plaint; or not exhibited bona fide for the purpose of the suit, or that the matters required into are not sufficiently
material at that stage, or on the ground of privilege or any other ground may be taken in the affidavit in
(iii) handed over to a witness merely to refresh his memory.
answer.
(8) The list of documents filed with the written statement or counter-claim shall specify whether
(7) Any interrogatories may be set aside on the ground that they have been exhibited unreasonably
the documents, in the power, possession, control or custody of the defendant, are originals, office
or vexatiously, or struck out on the ground that they are prolix, oppressive, unnecessary or scandalous
copies or photocopies and the list shall also set out in brief, details of parties to each document being
and any application for this purpose may be made within seven days after service of the
produced by the defendant, mode of execution, issuance or receipt and line of custody of each
interrogatories.
document.
(8) Interrogatories shall be answered by affidavit to be filed within ten days, or within such other
(9) the written statement or counter-claim shall contain a declaration on oath made by the deponent
time as the court may allow.
that all documents in the power, possession, control or custody of the defendant, save and except for
those set out in sub-rule (7) (c) (iii), pertaining to the facts and circumstances of the proceedings (9) An affidavit in answer to interrogatories shall be in the form provided in Form No. 3 in
initiated by the plaintiff or in the counter-claim, have been disclosed and copies thereof annexed with Appendix C to the Code of Civil Procedure, 1908, with such variations as circumstances may require.
the written statement or counter-claim and that the defendant does not have in its power, possession, (10) No exceptions shall be taken to any affidavit in answer, but the sufficiency or otherwise of any
control or custody, any other documents. such affidavit objected to as insufficient shall be determined by the court.
(10) Save and except for sub-rule (7) (c) (iii), defendant shall not be allowed to rely on documents, (11) Where any person interrogated omits to answer, or answers insufficiently, the party
which were in the defendant‘s power, possession, control or custody and not disclosed along with the interrogating may apply to the court for an order requiring him to answer, or to answer further, as the
written statement or counter-claim, save and except by leave of court and such leave shall be granted case may be, and an order may be made requiring him to answer, or to answer further, either affidavit
only upon the defendant establishing reasonable cause for non-disclosure along with the written or by viva voce examination, as the court may direct.
statement or counter-claim. 3. Inspection.–(1) All parties shall complete inspection of all documents disclosed within thirty days
(11) The written statement or counter-claim shall set out details of documents in the power, of the date of filing of the written statement or written statement to the counter-claim, whichever is later,
possession, control or custody of the plaintiff, which the defendant wishes to rely upon and which the court may extend this time limit upon application at its discretion, but not beyond thirty days in any
have not been disclosed with the plaint, and call upon the plaintiff to produce the same. event.
(12) Duty to disclose documents, which have come to the notice of a party, shall continue till (2) Any party to the proceedings may seek directions from the court, at any stage of the proceedings,
disposal of the suit. for inspection or production of documents by the other party, of which inspection has been refused by
2. Discovery by interrogatories.—(1) In any suit the plaintiff or defendant by leave of the court may such party or documents have not been produced despite issuance of a notice to produce.
deliver interrogatories in writing for the examination of the opposite parties or anyone or more of such

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(3) Order in such application shall be disposed of within thirty days of filing such application, (3) Where electronic records form part of documents disclosed, the declaration on oath to be filed
including filing replies and rejoinders (if permitted by court) and hearing. by a party shall specify –
(4) If the above application is allowed, inspection and copies thereof shall be furnished to the party (a) the parties to such electronic record;
seeking it, within five days of such order. (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
(5) No party shall be permitted to rely on a document, which it had failed to disclose or of which
record;
inspection has not been given, save and except with leave of court. (d) the source of such electronic record and date and time when the electronic record was
(6) The Court may impose exemplary costs against a defaulting party, who willfully or negligently printed;
failed to disclose all documents pertaining to a suit or essential for a decision therein and which are in (e) in case of e-mail ids, details of ownership, custody and access to such e-mail ids;
their power, possession, control or custody or where a court holds that inspection or copies of any (f) in case of documents stored on a computer or computer resource (including on external
documents had been wrongfully or unreasonably withheld or refused. servers or cloud), details of ownership, custody and access to such data on the computer or
4. Admission and denial of documents.—(1) Each party shall submit a statement of admissions or computer resource;
denials of all documents disclosed and of which inspection has been completed, within fifteen days of the (g) deponent‘s knowledge of contents and correctness of contents;
completion of inspection or any later date as fixed by the court. (h) whether the computer or computer resource used for preparing or receiving or storing such
(2) The statement of admissions and denials shall set out explicitly, whether such party was document or data was functioning properly or in case of malfunction that such malfunction did not
admitting or denying: affect the contents of the document stored;
(a) correctness of contents of a document; (i) that the printout or copy furnished was taken from the original computer or computer
(b) existence of a document; resource.
(4) The parties relying on printouts or copy in electronic form, of any electronic records, shall not
(c) execution of a document; be required to give inspection of electronic records, provided a declaration is made by such party that
(d) issuance or receipt of a document; each such copy, which has been produced, has been made from the original Electronic Records.
(e) custody of a document. (5) The court may give directions for admissibility of electronic records at any stage of the
Explanation.—A statement of admission or denial of the existence of a document made in proceedings.
accordance with clause (b) of sub-rule (2) shall include the admission or denial of the contents of a (6) Any party may seek directions from the court and the court may of its motion issue directions
document. for submission of further proof of any electronic record including metadata or logs before admission of
(3) Each party shall set out reasons for denying a document under any of the above grounds and such electronic record.
bare and unsupported denials shall not be deemed to be denials of a document and proof of such [Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification
documents may then be dispensed with at the direction of the court. No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of
(4) Any party may however submit bare denials for third party documents of which the party Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)].
denying does not have any personal knowledge of, and to which the party denying is not a party to in ______
any manner whatsoever.
(5) An affidavit in support of the statement of admissions and denials shall be filed confirming the
correctness of the contents of the statement.
(6) In the event that the court holds that any party has unduly refused to admit a document under
any of the above criteria, costs (including exemplary costs) for deciding on admissibility of a
document may be imposed by the court on such party.
(7) The court may pass orders with respect to admitted documents including for waiver of further
proof thereon or rejection of any documents.
5. Production of documents.—(1) Any party to a proceeding may seek or the court may order, at any
time during the pendency of any suit, production by any party or person, of such documents in the
possession or power of such party or person, relating to any matter in question in such suit.
(2) Notice to produce such document shall be issued in the form provided in Form No. 7 in Appendix C to
the Code of Civil Procedure, 1908 (5 of 1908).
(3) Any party or person to whom such notice to produce is issued shall be given not less than seven days and
not more than fifteen days to produce such document or to answer to their inability to produce such document.
(4) The court may draw an adverse inference against a party refusing to produce such document after
issuance of a notice to produce and where sufficient reasons for such non-production are not given and
order costs.
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.

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 ORDER XII 7. Affidavit of signature.—An affidavit of the pleader or his clerk, of the due signature of any
Admissions admissions made in pursuance of any notice to admit documents or facts, shall be sufficient evidenced of
1. Notice of admission of case.—Any party to a suit may give notice, by his pleading, or otherwise in such admissions, if evidence thereof is required.
writing, that he admits the truth of the whole or any part of the case of any other party.
8. Notice to produce documents.—Notice to produce documents shall be in Form No. 12 in
2. Notice to admit documents.—Either party may call upon the other party 1[to admit, within
2 Appendix C, with such variations as circumstances may require. An affidavit of the pleader, or his clerk, of
[seven] days from the date of service of the notice any document,] saving all exceptions; and in case of
the Service of any notice to produce, and of the time when it was served, with a copy of the notice to produce,
refusal or neglect to admit, after such notice, the costs of proving any such document shall be paid by the
shall in all cases be sufficient evidence of the service of the notice, and of the time when it was served.
party so neglecting or refusing, whatever the result of the suit may be, unless the Court otherwise
directs; and no costs of proving any document shall be allowed unless such notice is given, except where 9. Costs.—If a notice to admit or produce specifies documents which are not necessary, the costs
the omission to give the notice is, in the opinion of the Court, a saving of expense. occasioned thereby shall be borne by the party giving such notice.
3 ______
[2A. Document to be deemed to be admitted if not denied after service of notice to admit
documents.—(1) Every document which a party is called upon to admit, if not denied specifically or by ORDER XIII
necessary implication, or stated to be not admitted in the pleading of that party or in his reply to the notice Production, Impounding and Return of Documents
to admit documents, shall be deemed to be admitted except as against a person under a disability: 1
[1. Original documents to be produced at or before the settlement of issues.—(1) The parties or
Provided that the Court may, in its discretion and for reasons to be recorded, require any document so their pleader shall produce on or before the settlement of issues, all the documentary evidence in original
admitted to be proved otherwise than by such admission. where the copies thereof have been filed along with plaint or written statement.
(2) Where a party unreasonably neglects or refuses to admit a document after the service on him of the (2) The Court shall receive the documents so produced:
notice to admit documents, the Court may direct him to pay costs to the other party by way of Provided that they are accompanied by an accurate list thereof prepared in such form as the High
compensation.] Court directs.
3. Form of notice.—A notice to admit documents shall be in Form No. 9 in Appendix C, with such (3) Nothing in sub-rule (1) shall apply to documents—
variations as circumstances may require.
4 (a) produced for the cross-examination of the witnesses of the other party; or
[3A. Power of Court to record admission.—Notwithstanding that no notice to admit documents
has been given under rule 2, the Court may, at any stage of the proceeding before it, of its own motion, (b) handed over to a witness merely to refresh his memory.]
call upon any party to admit any document and shall, in such a case, record whether the party admits or 2. [Effect of non-production of documents.] Rep. by the Code of Civil Procedure (Amendment) Act, 1999
refuses or neglects to admit such document.] (46 of 1999) s. 23 (w.e.f. 1-7-2002).
4. Notice to admit acts.—Any party, may, by notice in writing, at any time not later than nine days 3. Rejection of irrelevant or inadmissible documents.—The Court may at any stage of the suit reject
before the day fixed for the hearing, call on any other party to admit, for the purposes of the suit only, any any document which it considers irrelevant or otherwise inadmissible, recording the grounds of such
specific fact or facts, mentioned in such notice. And in case of refusal or neglect to admit the same within rejection.
six days after service of such notice, or within such further time as may be allowed by the Court, the costs
of proving such fact or facts shall be paid by the party so neglecting or refusing, whatever the result of the 4. Endorsements on documents admitted in evidence.—(1) Subject to the provisions of the next
suit may be, unless the Court otherwise directs: following sub-rule, there shall be endorsed on every document which has been admitted in evidence in the
suit the following particulars, namely:—
Provided that any admission made in pursuance of such notice is to be deemed to be made only for
the purposes of the particular suit, and not as an admission to be used against the party on any other (a) the number and title of the suit,
occasion or in favour of any person other than the party giving the notice: (b) the name of the person producing the document,
5
* * * * * (c) the date on which it was produced, and
5. Form of admissions.—A notice to admit facts shall be in Form No. 10 in Appendix C, and admission of (d) a statement of its having been so admitted,
facts shall be in Form No. 11 in Appendix C, with such variations as circumstances may require.
6
and the endorsement shall be signed or initialled by the Judge.
[6. Judgment on admissions.—(1) Where admissions of fact have been made either in the pleading
or otherwise; whether orally or in writing, the Court may at any stage of the suit, either on the application (2) Where a document so admitted is an entry in a book, account or record, and a copy thereof has
of any party or of its own motion and without waiting for the determination of any other question-between been substituted for the original under the next following rule, the particulars aforesaid shall be endorsed
the parties, make such order or give such judgment as it may think fit, having regard to such admissions. on the copy and the endorsement thereon shall be signed or initialled by the Judge.
(2) Whenever a judgment is pronounced under sub-rule (1) a decree shall be drawn up in accordance 5. Endorsements on copies of admitted entries in books, accounts and records.—(1) Save in so
with the judgment and the decree shall bear the date on which the judgment was pronounced.] far as is otherwise provided by the Bankers' Books Evidence Act, 1891 (XVIII of 1891) where a
document admitted in evidence in the suit is an entry in a letter-book or a shop-book or other account in
current use, the party on whose behalf the book or account is produced may furnish a copy of the entry.
1. Subs. by Act 104 of 1976, s. 62, for “to admit any document” (w.e.f. 1-2-1977). (2) Where such a document is an entry in a public record produced from a public office or by a public
2. Subs. by Act 46 of 1999, s. 22, for “fifteen” (w.e.f. 1-7-2002). officer, or an entry in a book or account belonging to a person other than a party on whose behalf the
3. Ins. by Act 104 of 1976, s. 62 (w.e.f. 1-2-1977). book or account is produced, the Court may require a copy of the entry to be furnished—
4. Ins. by Act 66 of 1956, s. 14 (w.e.f. 1-1-1957).
5. Second proviso omitted by Act 46 of 1999, s. 22 (w.e.f. 1-7-2002).
6. Subs. by Act 104 of 1976, s. 62, for rule 6 (w.e.f 1-2-1977). 1. Subs. by Act 46 of 1999, s. 23, for rules 1 and 2 (w.e.f. 1 -7-2002).

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(a) where the record, book or account is produced on behalf of a party, then by that party, or 11. Provisions as to documents applied to material objects.—The provisions therein contained as
to documents shall, so far as may be, apply to all other material objects producible as evidence.
(b) where the record, book or account is produced in obedience to an order of the Court acting of
its own motion, then by either or any party. ______
*[ORDER XIII-A
(3) Where a copy of an entry is furnished under the foregoing provisions of this rule, the Court shall, after Summary Judgment
causing the copy to be examined, compared and certified in manner mentioned in rule 17 of Order VII, mark
1. Scope of and classes of suits to which this Order applies. —(1) This Order sets out the
the entry and cause the book, account or record in which it occurs to be returned to the person producing it.
procedure by which Courts may decide a claim pertaining to any Commercial Dispute without recording
6. Endorsements on documents rejected an inadmissible in evidence.—Where a document relied oral evidence.
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 (2) For the purposes of this Order, the word “claim” shall include—
a statement of its having been rejected, and the endorsement shall be signed or initialled by the Judge. (a) part of a claim;
7. Recording of admitted and return of rejected documents.—(1) Every documents which has (b) any particular question on which the claim (whether in whole or in part) depends; or
been admitted in evidence, or a copy thereof where a copy has been substituted for the original under rule (c) a counterclaim, as the case may be.
5, shall form part of the record of the suit.
(3) Notwithstanding anything to the contrary, an application for summary judgment under this Order
(2) Documents not admitted in evidence shall not form part of the record and shall be returned to the shall not be made in a suit in respect of any Commercial Dispute that is originally filed as a summary suit
persons respectively producing them. under Order XXXVII.
8. Court may order any document to be impounded.—Notwithstanding anything contained in rule
2. Stage for application for summary judgment.—An applicant may apply for summary judgment
5 or rule 7 of this Order or in rule 17 of Order VII, the Court may, if it sees sufficient cause, direct any
at any time after summons has been served on the defendant:
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. Provided that, no application for summary judgment may be made by such applicant after the Court
9. Return of admitted documents.—(1) Any person, whether a party to the suit or not, desirous of has framed the issues in respect of the suit.
receiving back any documents produced by him in the suit and placed on the record shall, unless the 3. Grounds for summary judgment.—The Court may give a summary judgment against a plaintiff
document is impounded under rule 8, be entitled to receive back the same,— or defendant on a claim if it considers that––
(a) where the suit is one in which an appeal is not allowed, when the suit has been disposed of, and (a) the plaintiff has no real prospect of succeeding on the claim or the defendant has no real
(b) where the suit is one in which an appeal is allowed, when the Court is satisfied that the time prospect of successfully defending the claim, as the case may be; and
for preferring an appeal has elapsed and that no appeal has been preferred or, if an appeal has been (b) there is no other compelling reason why the claim should not be disposed of before recording
preferred, when the appeal has been disposed of: of oral evidence.
1
[Provided that a document may be returned at any time earlier then that prescribed by this rule if the 4. Procedure.—(1) An application for summary judgment to a Court shall, in addition to any other
person applying therefor— matters the applicant may deem relevant, include the matters set forth in sub-clauses (a) to (f) mentioned
(a) delivers to the proper officer for being substituted for the original,— hereunder:—
(i) in the case of a party to the suit, a certified copy, and
(a) the application must contain a statement that it is an application for summary judgment made
(ii) in the case of any other person, an ordinary copy which has been examined, compared under this Order;
and certified in the manner mentioned in sub-rule (2) of rule 17 of Order VII, and
(b) undertakes to produce the original, if required to do so:] (b) the application must precisely disclose all material facts and identify the point of law, if any;
Provided also, that no document shall be returned with, by force of the decree, has become wholly (c) in the event the applicant seeks to rely upon any documentary evidence, the applicant must,––
void or useless. (i) include such documentary evidence in its application, and
(2) On the return of a document admitted in evidence, a receipt shall be given by the person (ii) identify the relevant content of such documentary evidence on which the applicant relies;
receiving it. (d) the application must state the reason why there are no real prospects of succeeding on the
10. Court may send for papers from its own records or from other Courts.—(1) The Court may claim or defending the claim, as the case may be;
of its own motion, and may in its discretion upon the application of any of the parties to a suit, send for,
(e) the application must state what relief the applicant is seeking and briefly state the grounds for
either from its own records or from any other Court, the record of any other suit or proceeding, and
seeking such relief.
inspect the same.
(2) Every application made under this rule shall (unless the Court otherwise directs) be supported (2) Where a hearing for summary judgment is fixed, the respondent must be given at least thirty days’
by an affidavit showing how the record is material to the suit in which the application is made, and notice of:—
that the applicant cannot without unreasonable delay or expense obtain a duly authenticated copy of (a) the date fixed for the hearing; and
the record or of such portion thereof as the applicant requires, or that the production of the original is (b) the claim that is proposed to be decided by the Court at such hearing.
necessary for the purposes of justice. (3) The respondent may, within thirty days of the receipt of notice of application of summary
(3) Nothing contained in this rule shall be deemed to enable the Court to use in evidence any judgment or notice of hearing (whichever is earlier), file a reply addressing the matters set forth in clauses
document which under the law of evidence would be inadmissible in the suit. (a) to (f) mentioned hereunder in addition to any other matters that the respondent may deem relevant:—
(a) the reply must precisely––
(i) disclose all material facts;
1. Subs. by Act 104 of 1976, s. 63, for the First proviso (w.e.f. 1-2-1977).
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). (ii) identify the point of law, if any; and

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 (iii) state the reasons why the relief sought by the applicant should not be granted; (iv) impose such other conditions, including providing security for restitution of losses that
(b) in the event the respondent seeks to rely upon any documentary evidence in its reply, the any party is likely to suffer during the pendency of the suit, as the Court may deem fit in its
respondent must— discretion; and
(i) include such documentary evidence in its reply; 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.
(ii) identify the relevant content of such documentary evidence on which the respondent
relies; 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.]
(c) the reply must state the reason why there are real prospects of succeeding on the claim or
defending the claim, as the case may be;
(d) the reply must concisely state the issues that should be framed for trial; ______
(e) the reply must identify what further evidence shall be brought on record at trial that could not ORDER XIV
be brought on record at the stage of summary judgment; and Settlement of Issues and Determination of Suit on
(f) the reply must state why, in light of the evidence or material on record if any, the Court should Issues of Law or on Issues agreed upon
not proceed to summary judgment. 1. Framing of issues.—(1) Issues arise when a material proposition of fact or law is affirmed by the
5. Evidence for hearing of summary judgment.—(1) Notwithstanding anything in this Order, if the one party and denied by the other.
respondent in an application for summary judgment wishes to rely on additional documentary evidence (2) Material propositions arc those propositions of law or fact which a plaintiff must allege in order to
during the hearing, the respondent must:— show a right to sue or a defendant must allege in order to constitute his defence.
(a) file such documentary evidence; and (3) Each material proposition affirmed by one party and denied by the other shall form the subject of
(b) serve copies of such documentary evidence on every other party to the application at least distinct issue.
fifteen days prior to the date of the hearing. (4) Issues are of two kinds:
(2) Notwithstanding anything in this Order, if the applicant for summary judgment wishes to rely on (a) issues of fact,
documentary evidence in reply to the defendant’s documentary evidence, the applicant must:— (b) issues of law.
(a) file such documentary evidence in reply; and (5) At the first hearing of the suit the Court shall, after reading the plaint and the written statements if
(b) serve a copy of such documentary evidence on the respondent at least five days prior to the any, and 1[after examination under rule 2 of Order X and after hearing the parties or their pleaders],
date of the hearing. ascertain upon what material propositions of fact or of law the parties are at variance, and shall thereupon
(3) Notwithstanding anything to the contrary, sub-rules (1) and (2) shall not require documentary proceed to frame and record the issues on which the right decision of the case appears to depend.
evidence to be:— (6) Nothing is this rule requires the Court to frame and record issued where the defendant at the first
(a) filed if such documentary evidence has already been filed; or hearing of the suit makes no defence.
2
(b) served on a party on whom it has already been served. [2. Court to pronounce judgment on all issues.—(1) Notwithstanding that a case may be disposed
of on a preliminary issue, the Court shall, subject to the provisions of sub-rule (2), pronounce judgment
6. Orders that may be made by Court.—(1) On an application made under this Order, the Court
on all issues.
may make such orders that it may deem fit in its discretion including the following:—
(2) Where issues both of law and of fact arise in the same suit, and the Court is of opinion that the case or
(a) judgment on the claim;
any part thereof may be disposed of on an issue of law only, it may try that issue first if the issue relates to—
(b) conditional order in accordance with Rule 7 mentioned hereunder;
(a) the jurisdiction of the Court, or
(c) dismissing the application;
(b) a bar to the suit created by any law for the time being in force,
(d) dismissing part of the claim and a judgment on part of the claim that is not dismissed;
and for that purpose may, if it thinks fit, postpone the settlement of the other issues until after that issue
(e) striking out the pleadings (whether in whole or in part); or has been determined, and may deal with the suit in accordance with the decision on that issue.]
(f) further directions to proceed for case management under Order XV-A. 3. Materials from which issues may be framed.—The Court may frame the issues from all or any
(2) Where the Court makes any of the orders as set forth in sub-rule (1) (a) to (f), the Court shall of the following materials:—
record its reasons for making such order. (a) allegations made on oath by the parties, or by any persons present on their behalf, or made by
7. Conditional order.—(1) Where it appears to the Court that it is possible that a claim or defence the pleaders of such parties;
may succeed but it is improbable that it shall do so, the Court may make a conditional order as set forth in (b) allegations made in the pleadings or in answers to interrogatories delivered in the suit;
Rule 6 (1) (b).
(c) the contents of documents produced by either party.
(2) Where the Court makes a conditional order, it may:—
4. Court may examine witnesses or documents before framing issues.—Where the Court is of
(a) make it subject to all or any of the following conditions:— opinion that the issues cannot be correctly framed without the examination of some person not before the
(i) require a party to deposit a sum of money in the Court; Court or without the inspection of some document not, produced in the suit, it 3[may adjourn the framing
(ii) require a party to take a specified step in relation to the claim or defence, as the case may of issues to a day not later than seven days] and may (subject to any law for the time being in force)
be;
1. Subs. by Act 104 of 1976, s. 64, for certain words (w.e.f. 1-2-1977).
(iii) require a party, as the case may be, to give such security or provide such surety for 2. Subs. by s. 64, ibid., for rule 2 (w.e.f. 1-2-1977).
restitution of costs as the Court deems fit and proper; 3. Subs. by Act 46 of 1999, s. 24, for certain words (w.e.f. 1-7-2002).

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compel the attendance of any person or the production of any document by the person in whose the decision of the suit, and that no injustice will result from proceeding with the suit forthwith, the Court
possession or power it is by summons or other process. may proceed to determine such issues, and, if the finding thereon is sufficient for the decision, may
1
[5. Power to amend and strike out, issues.—(1) The Court may at any time before passing a decree pronounce judgment accordingly, whether the summons has been issued for the settlement of issues only
amend the issues or frame additional issues on such terms as it thinks fit, and all such amendments or or for the final disposal of the suit:
additional issues as may be necessary for determining the matters in controversy between the parties shall Provided that, where the summons has been issued for the settlement of issues only, the parties or their
be so made or framed. pleaders are present and none of them objects.
(2) The Court may also, at any time before passing a decree, strike out any issues that appear to it to (2) Where the finding is not sufficient for the decision, the Court shall postpone the further hearing of
be wrongly framed or introduced.] the suit, and shall fix a day for the production of such further evidence, or for such further argument as
the case requires.
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 4. Failure to produce evidence.—Where the summons has been issued for the final disposal of the
same in the form of an issue, and enter into an agreement in writing that, upon the finding of the Court in suit and either party fails without sufficient cause to produce the evidence on which he relies, the Court
the affirmative or the negative or such issue,— may at once pronounce judgment, or may, if it thinks fit, after framing and recording issues, adjourn the
suit for the production of such evidence as may be necessary for its decision upon such issues.]
(a) a sum of money specified in the agreement or to be ascertained by the Court, or in such
STATE AMENDMENT
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; Uttar Pradesh
(b) some property specified in the agreement and in dispute in the suit shall be delivered by one Amendment of Order XV.— In the First Schedule, in Order XV, for the existing rule 5, the following

of the parties to the other of them, or as that other may direct; or rule shall be substituted, namely :—

(c) one or more of the parties shall do or abstain from doing some particular act specified in the “5. Striking off defense on failure to deposit admitted rent, etc.— (1) In any suit by a
agreement and relating to the matter in dispute. lessor for the eviction of a lessee after the determination of his lease and for the recovery from
him of rent or compensation for use and occupation, the defendant shall, at or before the first
7. Court, if satisfied that agreement was executed in good faith, may pronounce judgment.— hearing of the suit, deposit the entire amount admitted by him to be due together with
Where the Court is satisfied, after making such inquiry as it deems proper,— interest thereon at the rate of nine per centum per annum and whether or not he admits any
(a) that the agreement was duly executed by the parties, amount to be due, he shall throughout the continuation of the suit regularly deposit the
monthly amount due within a week from the date of its accrual, and in the event of any default
(b) that they have a substantial interest in the decision of such question as aforesaid, and
in making the deposit of the entire amount admitted by him to be due or the monthly amount
due as aforesaid, the court may subject to the provisions of sub-rule (2), strike off his defense.
(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 “Explanation 1 — The expression ‘first hearing’ means the date for filing written
if the issue had been framed by the Court; statement or for hearing mentioned in the summons or where more than one of such dates
are mentioned, the last of the dated mentioned.
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. “Explanation 2 — The expression ‘entire amount admitted by him to be due’ means
the entire gross amount, whether as rent or compensation for use and occupation,
______
calculated at the admitted rate of rent for the admitted period of arrears after making no
*[ORDER XV other deduction except the taxes, if any, paid to a local authority in respect of the building
Disposal of the Suit at the first hearing on lessor’s account and the amount, if any, deposited in any court under section 30 of the U.
1. Parties not at issue.—(1) Where at the first hearing of a suit it appears that the parties are not at P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972.
issue on any question of law or of fact, the Court may at once pronounce judgment. “Explanation 3 — The expression ‘monthly amount due’ means the amount due
2. One of several defendants not at issue.—2[(1) Where there are more defendants than one, and any every month, whether as rent or compensation for use and occupation at the admitted rate of
one of the defendants is not at issue with the plaintiff on any question of law or of fact, the Court may at once rent, after making no other deductions except the taxes, if any, paid to a local authority in
pronounce judgment for or against such defendant and the suit shall proceed only against the other respect of the building on lessor’s account.
defendants.]
(2) Before making an order for striking off defense, the court may consider any
3
[(2) Whenever a judgment is pronounced under this rule, decree shall be drawn up in accordance with representation made by the defendant in that behalf provided such representation is made within 10
such judgment and the decree shall bear the date on which the judgment was pronounced.] days, of the first hearing or, of the expiry of the week referred to in sub-section (1), as the case
3. Parties at issue.—(1) Where the parties are at issue on some question of law or of fact, and issues may be.
have been framed by the Court as hereinbefore provided, if the Court is satisfied that no further argument (3) The amount deposited under this rule may at any time be withdrawn by the plaintiff ;
or evidence that the parties can at once adduce is required upon such of the issues as may be sufficient for
Provided that such withdrawal shall not have the effect of prejudicing any claim by the
1. Subs. by Act 22 of 2002, s. 11, for rule 5 (w.e.f. 1-7-2002). plaintiff disputing the correctness of theamount deposited ;
2. Rule 2 renumbered as sub-rule (1) by Act 104 of 1976, s. 65 (w.e.f. 1-2-1977).
Provided further that if the amount deposited includes any sums claimed by the
3. Ins. by s. 65, ibid. (w.e.f 1-2-1977).
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). depositor to be deductible on any account, the court may require the plaintiff to furnish

127 128
 security for such sum before he is allowed to withdraw the same.” 5. Case Management Hearings during a trial.—The Court may, if necessary, also hold Case
[Vide Uttar Pradesh Act 57 of 1976, s. 7] Management Hearings anytime during the trial to issue appropriate orders so as to ensure adherence by
the parties to the dates fixed under Rule 2 and facilitate speedy disposal of the suit.
Uttar Pradesh
6. Powers of the Court in a Case Management Hearing.—(1) In any Case Management Hearing
Insertion of new rule in Order XV Schedule 1 of 1908.-- In the First Schedule to the said Code, held under this Order, the Court shall have the power to—
in Order XV, after rule 4, the following rule shall be inserted, namely ; (a) prior to the framing of issues, hear and decide any pending application filed by the parties
“5. Striking off defense on non-deposit of admitted rent, etc.--(1) In any suit by a under Order XIII-A;
lessor for the eviction of a lessee from any immovable property after the (b) direct parties to file compilations of documents or pleadings relevant and necessary for
determination of his lease, and for the recovery from him of rent in respect of the framing issues;
period of occupation thereof during the continuance of the lease, or of compensation
(c) extend or shorten the time for compliance with any practice, direction or Court order if it finds
for the use or occupation thereof, whether instituted before or after the commencement
sufficient reason to do so;
of the Uttar Pradesh Civil Laws Amendment Act, 1972, the defendant shall, at or before
the first hearing of the suit (or in the case of a suit instituted before the commencement (d) adjourn or bring forward a hearing if it finds sufficient reason to do so;
of the said Act, the first hearing after such commencement), deposit the entire amount (e) direct a party to attend the Court for the purposes of examination under Rule 2 of Order X;
of rent, or compensation for use and occupation, admitted by him to be due, and
(f) consolidate proceedings;
thereafter throughout the continuance of the suit, deposit regularly the amount of
monthly rent, or compensation for use and occupation, due at the rate admitted by him, (g) strike off the name of any witness or evidence that it deems irrelevant to the issues framed;
and in the event of any default in this regard, the Court may, unless after considering (h) direct a separate trial of any issue;
any representation made by him in that behalf it allows him further time on security (i) decide the order in which issues are to be tried;
being furnished for the amount, refuse to entertain any defense or, as the case may be, (j) exclude an issue from consideration;
strike-off his defense. (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
(2) The provisions of this rule are in addition to and not in derogation of anything
XXVI;
contained in rule 10 of Order XXXIX.”
(m) reject any affidavit of evidence filed by the parties for containing irrelevant, inadmissible or
[Vide Uttar Pradesh Act 37 of 1972, s. 7] argumentative material;
______ (n) strike off any parts of the affidavit of evidence filed by the parties containing irrelevant,
inadmissible or argumentative material;
*[ORDER XV-A
(o) delegate the recording of evidence to such authority appointed by the Court for this purpose;
Case Management Hearing (p) pass any order relating to the monitoring of recording the evidence by a commission or any
1. First Case Management Hearing.—The Court shall hold the first Case Management Hearing, not other authority;
later than four weeks from the date of filing of affidavit of admission or denial of documents by all parties (q) order any party to file and exchange a costs budget;
to the suit. (r) issue directions or pass any order for the purpose of managing the case and furthering the
2. Orders to be passed in a Case Management Hearing.—In a Case Management Hearing, after overriding objective of ensuring the efficient disposal of the suit.
hearing the parties, and once it finds that there are issues of fact and law which require to be tried, the (2) When the Court passes an order in exercise of its powers under this Order, it may—
Court may pass an order–– (a) make it subject to conditions, including a condition to pay a sum of money into Court; and
(a) framing the issues between the parties in accordance with Order XIV of the Code of Civil (b) specify the consequence of failure to comply with the order or a condition.
Procedure, 1908 (5 of 1908), after examining pleadings, documents and documents produced before (3) While fixing the date for a Case Management Hearing, the Court may direct that the parties also
it, and on examination conducted by the Court under Rule 2 of Order X, if required; be present for such Case Management Hearing, if it is of the view that there is a possibility of settlement
(b) listing witnesses to be examined by the parties; between the parties.
7. Adjournment of Case Management Hearing.—(1) The Court shall not adjourn the Case
(c) fixing the date by which affidavit of evidence to be filed by parties; Management Hearing for the sole reason that the advocate appearing on behalf of a party is not present:
(d) fixing the date on which evidence of the witnesses of the parties to be recorded; Provided that an adjournment of the hearing is sought in advance by moving an application, the Court
(e) fixing the date by which written arguments are to be filed before the Court by the parties; may adjourn the hearing to another date upon the payment of such costs as the Court deems fit, by the
party moving such application.
(f) fixing the date on which oral arguments are to be heard by the Court; and
(2) Notwithstanding anything contained in this Rule, if the Court is satisfied that there is a justified
(g) setting time limits for parties and their advocates to address oral arguments. reason for the absence of the advocate, it may adjourn the hearing to another date upon such terms and
3. Time limit for the completion of a trial.—In fixing dates or setting time limits for the purposes of conditions it deems fit.
Rule 2 of this Order, the Court shall ensure that the arguments are closed not later than six months from
the date of the first Case Management Hearing.
4. Recording of oral evidence on a day-to-day basis.—The Court shall, as far as possible, ensure
that the recording of evidence shall be carried on, on a day-to-day basis until the cross-examination of all ______________________
the witnesses is complete. *. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).

129 130

(d) adjourn or bring forward a hearing if it finds sufficient reason to do so;

8. Consequences of non-compliance with orders.— Where any party fails to comply with the order (e) direct a party to attend the court for the purposes of examination under Rule 2 of Order X;
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; (f) consolidate proceedings;
(b) foreclose the non-compliant party’s right to file affidavits, conduct cross-examination of (g) strike off the name of any witness or evidence that it deems irrelevant to the issues framed;
witnesses, file written submissions, address oral arguments or make further arguments in the trial, as (h) direct a separate trial of any issue;
the case may be, or
(c) dismiss the plaint or allow the suit where such non-compliance is wilful, repeated and the (i) decide the order in which issues are to be tried;
imposition of costs is not adequate to ensure compliance.] (j) exclude an issue from consideration;
STATE AMENDMENT (k) dismiss or give judgment on a claim after a decision on a preliminary issue;
Jammu and Kashmir and Ladakh (UTs).― (l) direct that evidence be recorded by a Commission where necessary in accordance with Order
Insertion of Order XV-A.—After Order XV of the Code, insert the following Order, namely,-
XXVI;
“ORDER XV-A (m) reject any affidavit of evidence filed by the parties for containing irrelevant, inadmissible or
argumentative material;
1. First Case Management Hearing.—The court shall hold the first Case Management Hearing, not
later than four week‘s from the date of filing of affidavit of admission or denial of documents by all (n) strike off any parts of the affidavit of evidence filed by the parties containing irrelevant,
parties to the suit. inadmissible or argumentative material;
(o) delegate the recording of evidence to such authority appointed by the court for this purpose;
2. Orders to be passed in a Case Management Hearing.—In a Case Management Hearing, after
hearing the parties, and once it finds that there are issues of fact and law which require to be tried, the (p) pass any order relating to the monitoring of recording the evidence by a commission or any
court may pass an order— other authority;
(a) framing the issues between the parties in accordance with Order XIV of the Code of Civil (q) order any party to file land exchange a costs budget;
Procedure, 1908 (5 of 1908) after examining pleadings, documents and documents produced before it,
and on examination conducted by the court under Rule 2 of Order X, if required; (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.
(b) listing witnesses to be examined by the parties;
(2) When the court passes an order in exercise of its powers under this order, it may–
(c) fixing the date by which affidavit of evidence to be filed by parties;
(a) make it subject to conditions, including a condition to pay a sum of money into court; and
(d) fixing the date on which evidence of the witnesses of the parties to be recorded;
(e) fixing the date by which written arguments are to be filed before the court by the parties; (b) specify the consequence of failure to comply with the order or a condition.

(f) fixing the date on which oral arguments are to be heard by the court; and (3) While fixing the date for a Case Management Hearing, the court may direct that the parties also be
(g) setting time limits for parties and their advocates to address oral arguments. present for such Case Management Hearing, if it is of the view that there is a possibility of settlement
between the parties.
3. Time limit for the completion of a trial.—In fixing dates or setting time limits for the purposes of
Rule 2 of this order, the court shall ensure that the arguments are closed not later than six months from the 7. Adjournment of Case Management Hearing.—(1) The Court shall not adjourn the Case
date of the first Case Management Hearing. Management Hearing for the sole reason that the advocate appearing on behalf of a party is not present:
4. Recording of oral evidence on a day-to-day basis.—The court shall, as far as possible, ensure that Provided that an adjournment of the hearing is sought in advance by moving an application, the court
the record of evidence shall be carried on, on a day-to-day basis until he cross examination of all the may adjourn the hearing to another date upon the payment of such costs as the court deems fit, by the
witnesses is complete. party moving such application.
5. Case Management hearings during trial.— The court may, if necessary, also hold Case
(2) Notwithstanding anything contained in this rule, if the court is satisfied that there is a justified
Management Hearings anytime during the trial to issue appropriate orders so as to ensure adherence by
reason for the absence of the advocate, it may adjourn the hearing to another date upon such terms and
the parties to the dates fixed under Rule 2 and facilitate speedy disposal of the suit.
conditions it deems fit.
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 – 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) prior to the framing of issues, hear and decide any pending application filed by the parties under
Order XIII-A; (a) condone such non-compliance by payment of costs to the court;
(b) direct parties to file compilations of documents or pleadings relevant and necessary for framing (b) foreclose the non-compliant party's right to file affidavits, conduct cross-examination of witnesses,
issues; file written submissions, address oral arguments or make further arguments in the trial, as the case may
be; or
(c) extend or shorten the time for compliance with any practice, direction or court order if it finds
sufficient reason to do so;

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 (c) dismiss the plaint or allow the suit where such non-compliance is willful, repeated and the discharge the person summoned without requiring him to give evidence; or may both order such levy and
imposition of costs is not adequate to ensure compliance. discharge such person as aforesaid.
[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification (2) Expenses of witnesses detained more than one day.—Where it is necessary to detain the person
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of summoned for a longer period than one day, the Court may, from time to time, order the party at whose
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)] instance he was summoned to pay into Court such sum as is sufficient to defray the expenses of his detention
for such further period, and, in default of such deposit being made, may order such sum to be levied by
______ attachment and sale of the movable property of such party; or the Court may discharge the person summoned
without requiring him to give evidence; or may both order such levy and discharge such person as aforesaid.
ORDER XVI
5. Time, place and purpose of attendance to be specified in summons.—Every summons for the
Summoning and Attendance of Witnesses attendance of a person to give evidence or to produce a document shall specify the time and place at
1
[1. List of witnesses and summons to witnesses.—(1) On or before such date as the Court may which he is required to attend, and also whether his attendance is required for the purpose of giving
appoint, and not later than fifteen days after the date on which the issues are settled, the parties shall evidence or to produce a document or for both purposes; and any particular document, which the person
present in Court a list of witnesses whom they propose to call either to give evidence or to produce summoned is called on to produce shall be described in the summons with reasonable accuracy.
documents and obtain summonses to such persons for their attendance in Court. 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
(2) A party desirous of obtaining any summons for the attendance of any person shall file in Court an shall be deemed to have complied with the summons if he causes such document to be produced instead
application stating therein the purpose for which the witness is proposed to be summoned. of attending personally to produce the same.
(3) The Court may, for reasons to be recorded, permit a party to call, whether by summoning through 7. Power to require persons present in Court to give evidence or produce document.—Any
Court or otherwise, any witness, other than those whose names appear in the list referred to in sub-rule (1), person present in Court may be required by the Court to give evidence or to produce any document then
if such party shows sufficient cause for the omission to mention the name of such witness in the said list. and there in his possession or power.
(4) Subject to the provisions of sub-rule (2), summonses referred to in this rule may be obtained by 1
[7A. Summons given to the party for service.—(1) The Court may, on the application of any party
the parties on an application to the Court or to such officer as may be appointed by the 2[Court in this
for the issue of a summons for the attendance of any person, permit such party to effect service of such
behalf within five days of presenting the list of witnesses under sub-rule (1).]
summons on such person and shall, in such a case, deliver the summons to such party for service.
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 (2) The service of such summons shall be effected by or on behalf of such party by delivering or
evidence or to produce documents.] 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.
2. Expenses of witness to be paid into Court on applying for summons.—(1) The party applying for
a summons shall, before the summons is granted and within a period to be fixed 4[which shall not be later (3) The provisions of rules 16 and 18 of Order V shall apply to a summons personally served under
than seven days from the date of making applications under sub-rule (4) of rule 1] pay into Court such a sum this rule as if the person effecting service were a serving officer.
of money as appears to the Court to be sufficient to defray the travelling and other expenses of the person
summoned in passing to and from the Court in which he is required to attend, and for one day's attendance. (4) If such summons, when tendered, is refused or if the person served refuses to sign and
(2) Experts.—In determining the amount payable under this rule, the Court may, in the case of any acknowledgement of service or for any reason such summons cannot be served personally, the Court
person summoned to give evidence as an expert, allow reasonable remuneration for the time occupied shall, on the application of the party, re-issue such summons to be served by the Court in the same
both in giving evidence and in performing any work of an expert character necessary for the case. manner as a summons to a defendant.
(3) Scale of expenses.—Where the Court is subordinate to a High Court, regard shall be had, in (5) Where a summons is served by a party under this rule, the party shall not be required to pay the
fixing the scale of such expenses, to any rules made in that behalf. fees otherwise chargeable for the service of summons.]
5
[(4) Expenses to be directly paid to witnesses.—Where the summons is served directly by the party
8. Summons how served.—Every summons 2[under this Order, not being a summons delivered to a
on a witness, the expenses referred to in sub-rule (1) shall be paid to the witness by the party or his agent.]
party for service under rule 7A,] shall be served as nearly as may be in the same manner as a summons to
3. Tender of expenses to witness.—The sum so paid into Court shall be tendered to the person sum- a defendant and the rules in Order V as to proof of service shall apply in the case of all summonses served
moned, at the time of serving the summons, if it can be served personally. under this rule.
4. Procedure where insufficient sum paid in.—(1) Where it appears to the Court or to such officer as
9. Time for serving summons.—Service shall in all cases be made a sufficient time before the time
it appoints in this behalf that the sum paid into Court is not sufficient to cover such expenses or reasonable
specified in the summons for the attendance of the person summoned, to allow him a reasonable time for
remuneration, the Court may direct such further sum to be paid to the person summoned as appears to be
preparation and for travelling to the place .at which his attendance is required.
necessary on that account, and, in case of default in payment, may order such sum to be levied by
attachment and sale of the movable property of the party obtaining the summons, or the Court may

1. Subs. by Act 104 of 1976, s. 66, for rule 1 (w.e.f. 1-2-1977).

2. Subs. by Act 46 of 1999, s. 25, for certain words (w.e.f. 1-7-2002).
4. Subs. by Act 104 of 1976, s. 66, for rule 1A (w.e.f. 1-2-1977).
5. Ins. by Act 46 of 1999, s. 25 (w.e.f. 7-2002). 1. Ins. by Act 104 of 1976, s. 66 (w.e.f. 1-2-1977).
6. Ins. by Act 104 of 1976, s. 66 (w.e.f. 1-2-1977). 2. Subs. by s. 66, ibid., for certain words (w.e.f. 1-2-1977).

133 134

10. Procedure where witness fails to comply with summons.—1[(1) Where a person has been 13. Mode of attachment.—The provisions with regard to the attachment and sale of property in the
issued either to attend to give evidence or to produce a document, fails to attend or to produce the execution of a decree shall, so far as they are applicable, be deemed to apply to any attachment and sale
document in compliance with such summons, the Court— under this Order as if the person whose property is so attached were a judgment-debtor.

(a) shall, if the certificate of the serving officer has not been verified by the affidavit, or if service 14. Court may of its own accord summon as witnesses strangers to suit.—Subject to the
of the summons has affected by a party or his agent, or provisions of this Code as to attendance and appearance and to any law for the time being in force, where
the Court at any time thinks it necessary 1[to examine any person, including a party to the suit] and not
(b) may, if the certificate of the serving officer has been so verified, called as a witness by a party to the suit, the Court may, of its own motion, cause such person to be
summoned as a witness to give evidence, or to produce any document in his possession, on a day to be
examine on oath the serving officer or the party or his agent, as the case may be, who has effected service, appointed, and may examine him as a witness or require him to produce such document.
or cause him to be so examined by any Court, touching the service or non-service of the summons.]
15. Duty of persons summoned to give evidence or produce document. —Subject as last
(2) Where the Court sees reason to believe that such evidence or production is material, and that such aforesaid, whoever is summoned to appear and give evidence in a suit shall attend at the time and place
person has, without lawful excuse, failed to attend or to produce the document in compliance with such named in the summons for that purpose, and whoever is summoned to produce a document shall either
summons or has intentionally avoided service, it may issue a proclamation requiring him to attend to give attend to produce it, or cause it to be produced, at such time and place.
evidence or to produce the document at a time and place to be named therein; and a copy of such
proclamation shall be affixed on the outer door or other conspicuous part of the house in which he ordinarily 16. When they may depart.—(1) A person so summoned and attending shall, unless the Court
resides. otherwise directs, attend at each hearing until the suit has been disposed of.
(3) In lieu of or at the time of issuing such proclamation, or at any time afterwards, the Court may, in (2) On the application of either party and the payment through the Court of all necessary expenses
its discretion, issue a warrant, either with or without bail, for the arrest of such person, and may make an (if any), the Court may require any person so summoned and attending to furnish security to attend at the
order for the attachment of his property to such amount as it thinks fit, not exceeding the amount of the next or any other hearing or until the suit is disposed of and, in default of his furnishing such security,
costs of attachment and of any fine which may be imposed under rule 12: may order him to be detained in the civil prison.
Provided that no Court of Small Causes shall make an order for the attachment of immovable property. 17. Application of rules 10 to 13.—The provisions of rules 10 to 13 shall, so far as they are
applicable, be deemed to apply to any person who having attended in compliance with a summons
11. If witness appears attachment may be withdrawn.—Where, at any time after the attachment departs, without lawful excuse, in contravention of rule 16.
of his property, such person appears and satisfies the Court,—
18. Procedure where witness apprehended cannot give evidence or produce document.—Where
(a) that he did not, without lawful excuse, fail to comply with the summons or intentionally avoid any person arrested under a warrant is brought before the Court in custody and cannot, owing to the
service, and, absence of the parties or any of them, give the evidence or produce the document which he has been
summoned to give or produce, the court may require him to give reasonable bail or other security for his
(b) where he has failed to attend at the time and place named in a proclamation issued under the appearance at such time and place as it thinks fit, and, on such bail or security being given, may release
last preceding rule, that he had no notice of such proclamation in time to attend, him, and, in default of his giving such bail or security, may order him to be detained in the civil prison.
19. No witness to be ordered to attend in person unless resident within certain limits.—No one
the Court shall direct that the property be released from attachment, and shall make such order as to the
shall be ordered to attend in person to give evidence unless he resides—
costs of the attachment as it thinks fit.
(a) within the local limits of the Court’s ordinary jurisdiction, or
12. Procedure if witness fails to appear.—2[(1)] The Court may, where such person does not appear, (b) without such limits but at a place less then 2[one hundred] or (where there is railway or steamer
or appears but fails so to satisfy the Court, impose upon him such fine not exceeding five hundred rupees communication or other established public conveyance for five-sixths of the distance between the place
as it thinks fit, having regard to his condition in life and all the circumstances of the case, and may order where he resides and the place where the Court is situate) less than 3[five hundred kilometres] distance
his property, or any part thereof, to be attached and sold or, if already attached under rule 10, to be sold for from the court-house:
the purpose of satisfying all costs of such attachment, together with the amount of the said fine, if any: 4
[Provided that where transport by air is available between the two places mentioned in this rule and
Provided that, if the person whose attendance is required pays into Court the costs and fine aforesaid, the witness is paid the fare by air, he may be ordered to attend in person.]
the Court shall order the property to be released from attachment. 20. Consequence of refusal of party to give evidence when called on by Court.—Where any party
to a suit present in Court refuses, without lawful excuse, when required by the Court, to give evidence or
3
[(2) Notwithstanding that the Court has not issued a proclamation under sub-rule (2) of rule 10, nor to produce any document then and there in his possession or power, the Court may pronounce judgment
issued a warrant nor ordered attachment under sub-rule (3) of that rule, the Court may impose fine under against him or make such order in relation to the suit as it thinks fit.
sub-rule (1) of this rule after giving notice to such person to show cause why the fine should not be 21. Rules as to witnesses to apply to parties summoned.—Where any party to a suit is required to
imposed.] give evidence or to produce a document, the provisions as to witnesses shall apply to him so far as they
are applicable.

1. Subs. by s. 66, ibid., for certain words (w.e.f. 1-2-1977).

1. Subs. by s. 66. ibid., for sub-rule (1) (w.e.f. 1-2-1977). 2. Subs. by Act 104 of 1976, s. 66, for “fifty” (w.e.f. 1-2-1977).
2. Rule 12 renumbered as sub-rule (1) by Act 104 of 1976, s. 66 (w.e.f. 1-2-1977). 3. Subs. by s. 66, ibid., for “two hundred miles” (w.e.f. 1-2-1977).
3. Ins. by s. 66, ibid. (w.e.f. 1-2-1977). 4. The proviso added, by s. 66, ibid. (w.e.f. 1-2-1977).

135 136
 STATE AMENDMENT 4. Power of State Government to exclude certain persons from the operation of rule 2.—(1) The State
Uttar Pradesh Government may, at any time, having regard to the matters specified in sub-rule (2), by general or special order,
direct that any person or class of persons shall not be removed from the prison in which he or they may be
Amendment of Order XVI.— In the First Schedule, in Order XVI — confined or detained, and thereupon, so long as the order remains in force, no order made under rule 2,
(a) in rule 2, —] whether before or after the date of the order made by the State Government, shall have effect in respect of
such person or class of persons.
(i) in sub-rule (1) at the end, the following proviso shall be inserted, namely :—
(2) Before making an order under sub-rule (1), the State Government shall have regard to the
“Provided, where Government is the party applying for a summons to a Government servant, it following matters, namely:—
shall not be necessary for it to make any such payment into court.” ; (a) the nature of the offence for which, or the grounds on which, the person or class of persons
have been ordered to be confined or detained in prison;
(ii) sub-rule (4) as inserted by the Allahabad High Court shall be omitted and after sub-rule (4) as
inserted by the Code of Civil Procedure (Amendment) Act, 1976, the following sub-rule shall be inserted,
(b) the likelihood of the disturbance of public order if the person or class of persons is allowed to
namely :—
be removed from the prison; and
(c) the public interest, generally.
“(4-A) Allowances, etc. of, Government servant witnesses to be taxed as costs— Any travelling
5. Officer in charge of prison to abstain from carrying out order in certain cases.—Where the
and daily allowances and the salary, payable to a Government servant who attends the Court to give person in respect of whom an order is made under rule 2—
evidence or to produce a document shall, on the amount being certified by such witness be taxable
(a) is certified by the medical officer attached to the prison as unfit to be removed from the prison
as costs.
by reason of sickness or infirmity, or
“Explanation 1 — The travelling and daily allowances shall be in accordance with the rules (b) is under committal for trial or under remand pending trial or pending a preliminary
governing such allowances, applicable to the Government servant in question. investigation; or
“Explanation 2 — The daily allowance and salary of the Government servant shall be proportionate (c) is in custody for a period which would expire before the expiration of the time required for
to the number of days of his attendance required by the Court.” ; complying with the order and for taking him back to the prison in which he is confined or detained; or
(b) in rule 4, the following proviso shall be inserted, namely :—
(d) is a person to whom an order made by the State Government under rule 4 applies,
the officer in charge of the prison shall abstain from carrying out the Court’s order and shall send to
“Provided that nothing in this rule shall apply to a case where the witness is a Government the Court a statement of reasons for so abstaining.
servant summoned at the instance of Government as a party.”
6. Prisoner to be brought to Court in custody.—In any other case, the officer in charge of the
[Vide Uttar Pradesh Act 57 of 1976, s. 8] 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
1 near the Court until he has been examined or until the Court authorises him to be taken back to the prison
[ORDER XVI-A
in which he is confined or detained.
Attendance of witnesses confined or detained in prisons 7. Power to issue commission for examination of witness in prison.—(1) Where it appears to the
1. Definitions.—In this Order,— Court that the evidence of a person confined or detained in a prison, whether within the State or elsewhere
(a) “detained” includes detained under any law providing for preventive detention; in India, is material in a suit but the attendance of such person cannot be secured under the preceding
(b) “prison” includes— 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.
(i) any place which has been declared by the State Government, by general or special order,
(2) The provisions of Order XXVI shall, so far may be, apply in relation to the examination on commission of
to be a subsidiary jail; and
such person in prison as they apply in relation to the examination on commission of any other person.]
(ii) any reformatory, borstal institution or other institution of a like nature. ______
2. Power to require attendance of prisoners to give evidence.—Where it appears to a Court that ORDER XVII
the evidence of a person confined or detained in a prison within the State is material in a suit, the Court Adjournment
may make an order requiring the officer in charge of the prison to produce that person before the Court to 1. Court may grant time and adjourn hearing.—1[(1) The court may, if sufficient cause is shown,
give evidence: at any stage of the suit grant time to the parties or to any of them, and may from time to time adjourn the
Provided that, if the distance from the prison to the Court-house is more than twenty-five kilometers, hearing of the suit for reasons to be recorded in writing:
no such order shall be made unless the Court is satisfied that the examination of such person on Provided that no such adjournment shall be granted more than three time to a party during hearing of
commission will not be adequate. the suit.]
3. Expenses to be paid into Court.—(1) Before making any order under rule 2, the Court shall (2) Costs of adjournment.—In every such case the Court shall fix a day for the further hearing of the
require the party at whose instance or for whose benefit the order is to be issued, to pay into Court such suit, and 2[shall make such orders as to costs occasioned by the adjournment or such higher costs as the
sum of money as appears to the Court to be sufficient to defray the expenses of the execution of the order, court deems fit:]
including the travelling and other expenses of the escort provided for the witness. 3
[Provided that,—
(2) Where the Court is subordinate to a High Court, regard shall be had, in fixing the scale of such
expenses, to any rules made by the High Court in that behalf.

1. Subs. by Act 46 of 1999, s. 26, for sub-rule (1) (w.e.f. 1-7-2002).

2. Subs. by s. 26, ibid., for certain words (w.e.f. 1-7-2002).
1. Ins. by s. 67, ibid. (w.e.f. 1-2-1977). 3. Subs. by Act 104 of 1976, s. 68, for the previous proviso (w.e.f. 1-2-1977).

137 138

(a) when the hearing of the suit has commenced, it shall be continued from day-to-day until all (3C) No adjournment shall be granted for the purpose of filing the written arguments unless the
the witnesses in attendance have been examined, unless the Court finds that, for the exceptional Court, for reasons to be recorded in writing, considers it necessary to grant such adjourment.
reasons to be recorded by it, the adjournment of the hearing beyond the following day is necessary. (3D) The Court shall fix such time-limits for the oral arguments by either of the parties in a case, as it
(b) no adjournment shall be granted at the request of a party, except where the circumstances are thinks fit.]
beyond the control of that party,
(c) the fact that the pleader of a party is engaged in another Court, shall not be a ground for *[(3A) A party shall, within four weeks prior to commencing the oral arguments, submit concisely
adjournment, and under distinct headings written arguments in support of his case to the Court and such written
arguments shall form part of the record.
(d) where the illness of a pleader or his inability to conduct the case for any reason, other than his
being engaged in another Court, is put forward as a ground for adjournment, the Court shall not grant (3B) The written arguments shall clearly indicate the provisions of the laws being cited in support of
the. adjournment unless it is satisfied that the party applying for adjournment could not have engaged the arguments and the citations of judgments being relied upon by the party and include copies of such
another pleader in time, judgments being relied upon by the party.
(3C) A copy of such written arguments shall be furnished simultaneously to the opposite party.
(e) where a witness is present in Court but a party or his pleader is not present or the party or his
pleader, though present in Court, is not ready to examine or cross-examine the witness, the Court (3D) The Court may, if it deems fit, after the conclusion of arguments, permit the parties to file
may, if it thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing revised written arguments within a period of not more than one week after the date of conclusion of
with the examination-in-chief or cross-examination of the witness, as the case may be, by the party or arguments.
his pleader not present or not ready as aforesaid.] (3E) No adjournment shall be granted for the purpose of filing the written arguments unless the
Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.
2. Procedure if parties fail to appear on day fixed.—Where, on any day to which the hearing of the
suit is adjourned, the parties or any of them fail to appear, the Court may proceed to dispose of the suit in (3F) It shall be open for the Court to limit the time for oral submissions having regard to the nature
one of the modes directed in that behalf by Order IX or make such other order as it thinks fit. and complexity of the matter.]
1
1 [* * * * *]
[Explanation.—Where the evidence or a substantial portion of the evidence of any party has already
been recorded and such party fails to appear on any day to which the hearing of the suit is adjourned, the STATE AMENDMENT
Court may, in its discretion proceed with the case as if such party were present.] Jammu and Kashmir and Ladakh (UTs).—
3. Court may proceed notwithstanding either party fails to produce evidence, etc.—Where any In Rule 2, after sub-rule (3), insert the following sub-rules, namely:-
party to a suit to whom time has been granted fails to produce his evidence, or to cause the attendance of (3A) A party shall, within four weeks prior to commencing the oral arguments, submit concisely and
his witnesses, or to perform any other act necessary to the further progress of the suit, for which time has under distinct headings written arguments in support of his case to the court and such written arguments
been allowed 2[the Court may, notwithstanding such default, shall form part of the record.
(a) if the parties are present, proceed to decide the suit forthwith; or (3B) The written arguments shall clearly indicate the provisions of the laws being cited in support of
the arguments and the citations of judgments being relied upon by the party and include copies of such
(b) if the parties are, or any of them is, absent, proceed under rule 2]. judgments being relied upon by the party.
______ (3C) A copy of such written arguments shall be furnished simultaneously to the opposite party.
ORDER XVIII (3D) The court may, if it deems fit, after the conclusion of arguments, permit the parties to file revised
Hearing of the suit and examination of witnesses written arguments within a period of not more than one week after the date of conclusion of arguments.
(3E) No adjournment shall be granted for the purpose of filing the written arguments unless the court,
1. Right to begin.—The plaintiff has the right to begin unless the defendant admits the facts alleged
for reasons to be recorded in writing, considers it necessary to grant such adjournment.
by the plaintiff and contents that either in point of law or on some additional facts alleged by the
defendant the plaintiff is not entitled to any part of the relief which he seeks, in which case the defendant (3F) It shall be open for the court to limit the time for oral submissions having regard to the nature and
has the right to begin. complexity of the matter.
[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, vide
2. Statement and production of evidence.—(1) On the day fixed for the hearing of the suit or on
notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation
any other day to which the hearing is adjourned, the party having the right to begin shall state his case and
(Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)].
produce his evidence in support of the issues which he is bound to prove.
3. Evidence where several issues.—Where there are several issues, the burden of proving some of
(2) The other party shall then state his case and produce his evidence (if any) and may then address which lies on the other party, the party beginning may, at his option, either produce his evidence on those
the Court generally on the whole case. issues or reserve it by way of answer to the evidence produced by the other party; and, in the latter case,
(3) The party beginning may then reply generally on the whole case. the party beginning may produce evidence on those issues after the other party has produced all his
3
[(3A) Any party may address oral arguments in a case, and shall, before he concludes the oral argu- evidence, and the other party may then reply specially on the evidence so produced by the party
ments, if any, submit if the Court so permits concisely and under distinct headings written arguments in beginning; but the party beginning will then be entitled to reply generally on the whole case.
support of his case to the Court and such written arguments shall form part of the record.
(3B) A copy of such written arguments shall be simultaneously furnished to the opposite party.

1. The Explanation ins. by Act 104 of 1976, s. 68 (w.e.f. 1-2-1977).

2. Subs. by s. 68, ibid., for certain words (w.e.f. 1-2-1977).
3. Ins. by Act 22 of 2002, s. 12 (w.e.f. 1-7-2002). 1. Sub-rule (4) omitted by Act 46 of 1999, s. 27 (w.e.f. 1-7-2002).

139 140
 1
[3A. Party to appear before other witnesses.—Where a party himself wishes to appear as a (7) The Court may by general or special order fix the amount to be paid as remuneration for the
witness, he shall so appear before any other witness on his behalf has been examined, unless the Court, services of the Commissioner.
for reasons to be recorded, permits him to appear as his own witness at a later stage.]
(8) The provisions of rules 16, 16A, 17 and 18 of Order XXVI, in so far as they are applicable, shall
2
[4. Recording of evidence.—(1) In every case, the examination-in-chief of a witness shall be on apply to the issue, execution and return of such commission under this rule.]
affidavit and copies thereof shall be supplied to the opposite party by the party who calls him for
evidence: STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Provided that where documents are filed and the parties rely upon the documents, the proof and admis-
sibility of such documents which are filed along with affidavit shall be subject to the orders of the Court. In Rule 4, after sub-rule (1), insert the following sub-rules, namely:-

*[(1A) The affidavits of evidence of all witnesses whose evidence is proposed to be led by a party (1A) The affidavits of evidence of all witnesses whose evidence is proposed to be led by a party shall be filed
shall be filed simultaneously by that party at the time directed in the first Case Management Hearing. simultaneously by that party at the time directed in the first Case Management Hearing.
(1B) A party shall not lead additional evidence by the affidavit of any witness (including of a witness who has
(1B) A party shall not lead additional evidence by the affidavit of any witness (including of a witness already filed an affidavit) unless sufficient cause is made out in an application for that purpose and an order, giving
who has already filed an affidavit) unless sufficient cause is made out in an application for that purpose reasons, permitting such additional affidavit is passed by the court.
and an order, giving reasons, permitting such additional affidavit is passed by the Court.
(1C) A party shall however have the right to withdraw any of the affidavits so filed at any time prior to
(1C) A party shall however have the right to withdraw any of the affidavits so filed at any time prior commencement of cross-examination of that witness, without any adverse inference being drawn based on such
to commencement of cross-examination of that witness, without any adverse inference being drawn based withdrawal:
on such withdrawal: Provided that any other party shall be entitled to tender as evidence and rely upon any admission made in such
withdrawn affidavit.
Provided that any other party shall be entitled to tender as evidence and rely upon any admission
made in such withdrawn affidavit.] [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
(2) The evidence (cross-examination and re-examination) of the witness in attendance, whose Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)].
evidence (examination-in-chief) by affidavit has been furnished to the Court, shall be taken either by the 1 2
Court or by the Commissioner appointed by it: [ 5. How evidence shall be taken in appealable cases.—In case in which an appeal is allowed, the
evidence of each witness shall be,—
Provided that the Court may, while appointing a commission under this sub-rule, consider taking into (a) taken down in the language of the Court,—
account such relevant factors as it thinks fit.
(i) in writing by, or in the presence and under the personal direction and superintendence of,
(3) The Court or the Commissioner, as the case may be, shall record evidence either in writing or the Judge, or
mechanically in the presence of the Judge or of the Commissioner, as the case may be, and where such
evidence is recorded by the Commissioner he shall return such evidence together with his report in writing (ii) from the dictation of the Judge directly on a typewriter; or
signed by him to the Court appointing him and the evidence taken under it shall form part of the record of the (b) if the Judge, for reasons to be recorded, so directs, recorded mechanically in the language of
suit. the Court in the presence of the Judge.]
(4) The Commissioner may record such remarks as it thinks material respecting the demeanour of any 3
6. When deposition to be interpreted.—Where the evidence is taken down in a language different
witness while under examination: from that in which it is given, and the witness does not understand the language in which it is taken down,
the evidence as taken down in writing shall be interpreted to him in the language in which it is given.
Provided that any objection raised during the recording of evidence before the Commissioner shall be
3
recorded by him and decided by the Court at the stage of arguments. 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
(5) The report of the Commissioner shall be submitted to the Court appointing the commission within as if it were evidence taken down under that rule.
sixty days from the date of issue of the commission unless the Court for reasons to be recorded in writing 3
extends the time. 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,]
(6) The High Court or the District Judge, as the case may be, shall prepare a panel of Commissioners he shall be bound, as the examination of each witness proceeds, to make a memorandum of the substance of
to record the evidence under this rule. what each witness deposes, and such memorandum shall be written and signed by the Judge and shall form
part of the record.

1. Ins. by Act 104 of 1976, s. 69 (w.e.f. 1.2-1977). 1. Subs. by Act 104 of 1976, s. 69, for rule 5 (w.e.f. 1-2-1977).
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). 2. The provisions of rule so far as they relate to the manner of taking evidence, are not applicable to the Chief Court of Oudh, see
2. Subs. by Act 22 of 2002, s. 12, for rule 4 (w.e.f. 1-7-2002). the Oudh Courts Act, 1925 (U. P. Act 4 of 1925), s. 16 (2).
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). 3. The provisions of rules 6, 7, 8, 9, so far as they relate to the manner of taking evidence, are not applicable to the Chief Court
of Oudh, see, s. 16 (2), ibid.
4. Ins. by Act 104 of 1976, s. 69 (w.e.f. 1-2-1977).

141 142

1 3
[ 9. When evidence may be taken in English.—(1) Where English is not the language of the Court, as may be practicable, make a memorandum of any relevant facts observed at such inspection and such
but all the parties to the suit who appear in person, and the pleaders of such of the parties as appear by memorandum shall form a part of the record of the suit].
pleaders, do not object to having such evidence as is given in English, being taken down in English, the 1
[19. Power to get statements recorded on commission.—Notwithstanding anything contained in
judge may so take it down or cause it to be taken down. these rules, the court may, instead of examining witnesses in open court, direct their statements to be
recorded on commission under rule 4A of Order XXVI.]
(2) Where evidence is not given in English but all the parties who appear in person, and the pleaders of ORDER XIX
such of the parties as appear by pleaders, do not object to having such evidence being taken down in English, Affidavits
the Judge may take down, or cause to be taken down, such evidence in English.]
1. Power to order any point to be proved by affidavit.—Any Court may at any time for sufficient
10. Any particular question and answer may be taken down.—The Court may, of its own motion or on reason order that any particular fact or facts may be proved by affidavit, or that the affidavit of any
the application of any party or his pleader, take down any particular question and answer, or any objection to
witness may be read at the hearing, on such conditions as the Court thinks reasonable:
any question, if there appears to be any special reason for so doing.
211. Questions objected to and allowed by Court. —Where any question put to a witness is objected to by a Provided that where it appears to the Court that either party bona fide desires the production of a
party or his pleader, and the Court allows the same to be put, the Judge shall take down the question, the answer, the witness for cross-examination, and that such witness can be produced, an order shall not be made
objection and the name of the person making it, together with the decision of the Court thereon. authorising the evidence of such witness to be given by affidavit.
12. Remarks on demeanour of witnesses.—The Court may record such remarks as it thinks material 2. Power to order attendance of deponent for cross-examination.—(1) Upon any application
respecting the demeanour of any witness while under examination. evidence may be given by affidavit, but the Court may, at the instance of either party, order the
3[ 113. Memorandum of evidence in unappealable cases.—In cases in which an appeal is not allowed it attendance for cross-examination of the deponent.
shall not be necessary to take down or dictate or record the evidence of the witnesses at length; but the Judge, as (2) Such attendance shall be in Court, unless the deponent is exempted from personal appearance in
the examination of each witness proceeds shall make in writing, or dictate directly on the typewriter, or cause to be Court or the Court otherwise directs.
mechanically recorded, a memorandum of the substance of what the witness deposes, and such memorandum shall
be signed by the Judge or otherwise authenticated, and shall form part of the record.]
3. Matters to which affidavits shall be confined.—(1) Affidavits shall be confined to such facts as
1
the deponent is able of his own knowledge to prove, except on interlocutory applications, on which
14. [Judge unable to make such memorandum to record reasons of his inability] omitted by the Code of statements of his belief may be admitted: provided that the grounds thereof are stated.
Civil Procedure (Amendment) Act, 1976 (104 of 1976), s. 69 (w.e.f. 1-2-1977).]
1 (2) The costs of every affidavit which shall unnecessarily set forth matters of hearsay or argumentative
15. Power to deal with evidence taken before another Judge.—(1) Where a Judge is prevented by death,
matter, or copies of or extracts from documents, shall (unless the Court otherwise directs) be paid by the
transfer or other cause from concluding the trial of a suit, his successor may deal with any evidence or
party filing the same.
memorandum taken down or made under the foregoing rules as if such evidence or memorandum had been taken
down or made by him or under his direction under the said rules and may proceed with the suit from the stage at STATE AMENDMENT
which his predecessor left it.
Jammu and Kashmir and Ladakh (UTs).—
(2) The provisions of sub-rule (1) shall, so far as they are applicable, be deemed to apply to evidence taken
in a suit transferred under section 24. In Order XIX of the Code, after Rule 3, insert the following new rules, namely-
116. Power to examine witness immediately—(1) Where a witness is about to leave the jurisdiction of 4. Court may control evidence.—(1) The court may, by directions regulate the evidence as to issues
the Court, or other sufficient cause is shown to the satisfaction of the Court why his evidence should be taken on which it requires evidence and the manner in which such evidence may be placed before the court.
immediately, the Court may, upon the application of any party or of the witness, at any time after the (2) The court may, in its discretion and for reasons to be recorded in writing, exclude evidence that
institution of the suit, take the evidence of such witness in manner hereinbefore provided. would otherwise be produced by the parties.
(2) Where such evidence is not taken forthwith and in the presence of the parties, such notice as the Court 5. Redacting or rejecting evidence.—A court may, in its discretion, for reasons to be recorded in
thinks sufficient, of the day fixed for the examination, shall be given to the parties.
writing—
(3) The evidence so taken shall be read over to the witness, and, if he admits it to be correct, shall be
signed by him, and the Judge shall, if necessary, correct the same, and shall sign it, and it may then be read at (i) redact or order the redaction of such portions of the affidavit of examination-in-chief as do not,
any hearing of the suit. in its view, constitute evidence; or
17. Court may recall and examine witness.—The Court may at any stage of a suit recall any witness (ii) return or reject an affidavit of examination-in-chief as not constituting admissible evidence.
who has been examined and may (subject to the law of evidence for the time being in force) put such questions 6. Format and guidelines of affidavit of evidence.—An affidavit must comply with the form and
to him as the Court thinks fit. requirements set forth below:—
17A. [Production of evidence not previously known or which could not be produced despite due diligence.] (a) such affidavit should be confined to, and should follow the chronological sequence of, the dates
omitted by the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999), s. 27 (w.e.f. 1-7-2002).
18. Power of Court to inspect.—The Court may at any stage of a suit inspect any property or thing
and events that are relevant for proving any fact or any other matter dealt with;
concerning which any question may arise 4[and where the Court inspects any property or thing it shall, as soon (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. Subs. by s. 69, ibid., for rule 9 (w.e.f. 1-2-1977).
2. The provisions of rules 11, 13, 14, 15, so far as they relate to the manner of taking evidence, are not applicable to the Chief
Court of Oudh, see the Oudh Courts Act, 1925 (U. P. Act 4 of 1925), s. 16 (2).
3. Subs. by Act 104 of 1976, s. 69, for the rule, (w.e.f. 1-2-1977). 1. Ins. by Act 46 of 1999, s. 27 (w.e.f. 1-7-2002).
4. Ins. by s. 69, ibid. (w.e.f. 1-2-1977).

143 144
 (c) each paragraph of an affidavit should, as far as possible, be confined to a distinct portion of the (i) have the pages numbered consecutively as a separate document (or as one of several
subject; documents contained in a file);
(d) an affidavit shall state— (ii) be divided into numbered paragraphs;
(i) which of the statements in it are made from the deponent's own knowledge and which are
matters of information or belief; and (iii) have all numbers, including dates, expressed in figures; and
(ii) the source for any matters of information or belief.
(iv) if any of the documents referred to in the body of the affidavit are annexed to the
(e) an affidavit should— affidavit or any other pleadings, give the annexures and page numbers of such documents that are
(i) have the pages numbered consecutively as a separate document (or as one of several relied upon.]
documents contained in a file); Amendment of Order XIX.—In the Schedule, in Order XIX, in rule 1, for the existing proviso, the
following proviso shall be substituted, namely:--
(ii) be divided into numbered paragraphs; “Provided that if it appears to the Court, whether at the instance of either party, or otherwise and
(iii) have all numbers, including dates, expressed in figures; and whether before or after the filing of such affidavit, that the production of such witness for cross-
examination is necessary and his attendance can be produced, the Court shall order the attendance of
(iv) if any of the documents referred to in the body of the affidavit are annexed to the affidavit
such witness, whereupon the witness may be examined, cross-examined and re-examined.”
or any other pleadings, give the annexures and page numbers of such documents that are relied
[Vide Uttar Pradesh Act 57 of 1976, s. 9]
upon.
______
[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 ORDER XX
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]. Judgment and decree
*[4. Court may control evidence. —(1) The Court may, by directions, regulate the evidence as to 1 2
[ 1. Judgment when pronounced.—3[(1) The Court, after the case has been heard, shall pronounce
issues on which it requires evidence and the manner in which such evidence may be placed before the judgment in an open Court, either at once, or as soon thereafter as may be practicable and when the
Court. judgment is to be pronounced on some future day, the Court shall fix a day for that purpose, of which due
(2) The Court may, in its discretion and for reasons to be recorded in writing, exclude evidence that notice shall be given to the parties or their pleaders:
would otherwise be produced by the parties. Provided that where the judgment is not pronounced at once, every endeavour shall be made by the
Court to pronounce the judgment within thirty days from the date on which the hearing of the case was
5. Redacting or rejecting evidence. — A Court may, in its discretion, for reasons to be recorded in
concluded but, where it is not practicable so to do on the ground of the exceptional and extraordinary
writing––
circumstances of the case, the Court shall fix a future day for the pronouncement of the judgment, and
(i) redact or order the redaction of such portions of the affidavit of examination-in-chief as do not, such day shall not ordinarily be a day beyond sixty days from the date on which the hearing of the case
in its view, constitute evidence; or was concluded, and due notice of the day so fixed shall be given to the parties or their pleaders.]
(ii) return or reject an affidavit of examination-in-chief as not constituting admissible evidence. *[(1) The Commercial Court, Commercial Division, or Commercial Appellate Division, as the case
may be, shall, within ninety days of the conclusion of arguments, pronounce judgment and copies thereof
6. Format and guidelines of affidavit of evidence.—An affidavit must comply with the form and shall be issued to all the parties to the dispute through electronic mail or otherwise.]
requirements set forth below:— 4
[(2) Where a written judgment is to be pronounced, it shall be sufficient if the findings of the Court
(a) such affidavit should be confined to, and should follow the chronological sequence of, the on each issue and the final order passed in the case are read out and it shall not be necessary for the Court
dates and events that are relevant for proving any fact or any other matter dealt with; to read out the whole judgment 5***.
(3) The judgment may be pronounced by dictation in open Court to a shorthand writer if the Judge is
(b) where the Court is of the view that an affidavit is a mere reproduction of the pleadings, or
specially empowered by the High Court in this behalf:
contains the legal grounds of any party’s case, the Court may, by order, strike out the affidavit or such
Provided that, where the judgment is pronounced by dictation in open Court, the transcript of the
parts of the affidavit, as it deems fit and proper;
judgment so pronounced shall, after making such correction therein as may be necessary, be signed by the
(c) each paragraph of an affidavit should, as far as possible, be confined to a distinct portion of judge, bear the date on which it was pronounced, and form a part of the record.]
the subject; 2. Power to pronounce judgment written by judge’s predecessor.—6[A Judge shall] pronounce a
(d) an affidavit shall state— judgment written, but not pronounced, by his predecessor.
(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; 1. Subs. by Act 66 of 1956, s. 14, for rule I (w.e.f. 1-1-1957).
2. The provisions of rules 1, 3, 4 and 5 are not applicable to the Chief Court of Oudh , see the Oudh Courts Act, 1925
(e) an affidavit should— (U. P. Act 4 of 1925), s. 16 (2).
3. Subs. by Act 22 of 2002, s. 13, for sub-rule (1) (w.e.f. 1-7-2002), Earlier rule 1 renumbered as sub-rule (1) of that rule
by Act 104 of 1976, s. 70 (w.e.f. 1-2-1977).
_____________________ 4. Ins. by Act 104 of 1976, s. 70 (w.e.f. 1 -2-1977).
5. Certain words omitted by Act 46 of 1999, s. 28 (w.e.f. 1-2-1977).
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). 6. Subs. by Act 104 of 1976, s. 70 for “A Judge may” (w.e.f. 1-2-1977).
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015).

145 146

2
3. Judgment to be signed.—The judgment shall be dated and signed by the Judge in open Court at of the parties who had appeared personally or by pleader at the last hearing, before judgment, an order
the time of pronouncing it and, when once signed, shall not afterwards be altered or added, to save as that] payment of the amount decreed shall be postponed or shall be made by instalments, with or without
provided by section 152 or on review. interest, notwithstanding anything contained in the contract under which the money is payable.
2
4. Judgments of Small Cause Courts.—(1) Judgments of a Court of Small Causes need not contain (2) Order, after decree, for payment by instalments.—After the passing of any such decree the Court
more than the points for determination and the decision thereon. may, on the application of the judgment-debtor and with the consent of the decree-holder, order that payment
of the amount decreed shall be postponed or shall be made by instalments on such terms as to the payment of
(2) Judgments of other Courts.—Judgments of other Courts shall contain a concise statement of the interest, the attachment of the property of the judgment-debtor, or the taking of security from him, or
case, the points for determination, the decision thereon, and the reasons for such decision. otherwise, as it thinks fit.
2
5. Court to state its decision on each issue.—In suits in which issues have been framed, the Court 12. Decree for possession and mesne profits.—(1) Where a suit is for the recovery of possession of
shall state its finding or decision, with the reasons therefor, upon each separate issue, unless the finding immovable property and for rent or mesne profits, the Court may pass a decree—
upon any one or more of the issue is sufficient for the decision of the suit. (a) for the possession of the property;
4 1
[5A. Court to inform parties as to where an appeal lies in cases where parties are not [(b) for the rents which have accrued on the property during the period prior to the institution of
represented by pleaders.—Except where both the parties are represented by pleaders, the Court shall, the suit or directing an inquiry as to such rent.
when it pronounces its judgment in a case subject to appeal, inform the parties present in Court as to the (ba) for the mesne profits or directing an inquiry as to such mesne profits;]
Court to which an appeal lies and the period of limitation for the filing of such appeal and place on record (c) directing an inquiry as to rent or mesne profits from the institution of the suit until—
the information so given to the parties.]
(i) the delivery of possession to the decree-holder,
6. Contents of decree.—(1) The decree shall agree with the judgment it shall contain the number of
the suit, the 1[names and descriptions of the parties, their registered addresses,] and particulars of the (ii) the relinquishment of possession by the judgment-debtor with notice to the decree-holder
claim, and shall specify clearly the relief granted or other determination of the suit. through the Court, or
(2) The decree shall also state the amount of costs incurred in the suit, and by whom or out of what (iii) the expiration of three years from the date of the decree,
property and in what proportions such costs are to be paid. whichever, event first occurs.
(3) The Court may direct that the costs payable to one party by the other shall be set off against any (2) Where an inquiry is directed under clause (b) or clause (c), a final decree in respect of the rent or
sum which is admitted or found to be due from the former to the latter. mesne profits shall be passed in accordance with the result of such inquiry.
2
[6A. Preparation of decree.—(1) Every endeavour shall be made to ensure that the decree is drawn 2
[12A. Decree for specific performance of contract for the sale or lease of immovable property.—
up as expeditiously as possible and, in any case, within fifteen days from the date on which the judgment Where a decree for the specific performance of a contract for the sale or lease of immovable property orders
is pronounced. that the purchase-money or other sum be paid by the purchaser or lessee, it shall specify the period within
(2) An appeal may be preferred against the decree without filing a copy of the decree and in such a which the payment shall be made.]
case the copy made available to the party by the court shall for the purposes of rule 1 of Order XLI be 13. Decree in administration suit.—(1) Where a suit is for an account of any property and for its due
treated as the decree. But as soon as the decree is drawn, the judgment shall cease to have the effect of a administration under the decree of the Court, the Court shall, before passing the final decree, pass a
decree for the purposes of execution or for any other purpose. preliminary decree ordering such accounts and inquiries to be taken and made, and giving such other
6B. Copies of judgments when to be made available.—Where the judgment is pronounced, copies of directions as it thinks fit.
the judgment shall be made available to the parties immediately after the pronouncement of the judgment
(2) In the administration by the Court of the property of any deceased person, if such property proves
for preferring an appeal on payment of such charges as may be specified in the rule made by the High
to be insufficient for the payment in full of his debts and liabilities, the same rules shall be observed as to
Court.]
the respective rights of secured and unsecured creditors and as to debts and liabilities provable, and as to
7. Date of decree.—The decree shall bear the day on which the judgment was pronounced, and, when
the valuation of annuities and future and contingent liabilities respectively, as may be in force for the time
the judge has satisfied himself that the decree has been drawn up in accordance with the judgment, he
being, within the local limits of the Court in which the administration-suit is pending with respect to the
shall sign the decree.
estates of persons adjudged or declared insolvent; and all persons who in any such case would be entitled
8. Procedure where Judge has vacated office before signing decree.—Where a Judge has vacated to be paid out of such property, may come in under the preliminary decree, and make such claims against
office after pronouncing judgment but without signing the decree, a decree drawn up in accordance with the same as they may respectively be entitled to by virtue of this Code.
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. 14. Decree in pre-emption suit.—(1) Where the Court decrees a claim to pre-emption in respect of a
9. Decree for recovery of immovable property.—Where the subject-matter of the suit is immovable particular sale of property and the purchase-money has not been paid into Court, the decree shall—
property, the decree shall contain a description of such property sufficient to identify the same, and where (a) specify a day on or before which the purchase-money shall be so paid, and
such property can be identified by boundaries or by numbers in a record of settlement or survey, the (b) direct that on payment into Court of such purchase-money, together with the costs (if any)
decree shall specify such boundaries or numbers. decrees against the plaintiff, on or before the day referred to in clause (a), the defendant shall deliver
10. Decree for delivery of movable property.—Where the suit is for movable property, and the possession of the property to the plaintiff, whose title thereto shall be deemed to have accrued from
decree is for the delivery of such property, the decree shall also state the amount of money to be paid as the date of such payment, but that, if the purchase-money and the costs (if any) are not so paid, the
an alternative if delivery cannot be had. suit shall be dismissed with costs.
11. Decree may direct payment by instalments.—(1) Where and in so far as a decree is for the (2) Where the Court has adjudicated upon rival claims to pre-emption, the decree shall direct,—
payment of money, the Court may for any sufficient reason 3[incorporate in the decree, after hearing such (a) if and in so far as the claims decreed are equal in decree, that the claim of each pre-emptor
complying with the provisions of sub-rule (1) shall take effect in respect of a proportionate share of
1. Subs. by Act 104 of 1976, s. 70, for “names and descriptions of the parties” (w.e.f. 1-2-1977).
2. Subs. by Act 46 of 1999, s. 28, for rules 6A and 6B (w.e.f. 1-7-2002). 1. Subs. by s. 70, ibid., for cl. (b) (w.e.f. 1-2-1977).
3. Subs. by Act 104 of 1976, s. 70, for certain words (w.e.f. 1-2-1977). 2. Ins. by Act 104 of 1976, s. 70 (w.e.f. 1-2-1977).

147 148
 the property including any proportionate share in respect of which the claim of any pre-emptor failing (a) expenditure incurred for the giving of any notice required to be given by law before the
to comply with the said provisions would, but for such default, have taken effect; and institution of the suit;
(b) if and in so far as the claims decreed are different in degree, that the claim of the inferior pre- (b) expenditure incurred on any notice which, though not required to be given by law, has been
emptor shall not take effect unless and until the superior pre-emptor has failed to comply with the given by any party to the suit to any other party before the institution of the suit;
said provisions. (c) expenditure incurred on the typing, writing or printing of pleadings filed by any party;
15. Decree in suit for dissolution of partnership.—Where a suit is for the dissolution of a partnership, (d) charges paid by a party for inspection of the records of the Court for the purposes of the suit;
or the taking of partnership accounts, the Court, before passing a final decree, may pass a preliminary
decree declaring the proportionate shares of the parties, fixing the day on which the partnership shall stand (e) expenditure incurred by a party for producing witnesses, even though not summoned through
dissolved or be deemed to have been dissolved, and directing such accounts to be taken, and other acts to Court; and
be done, as it thinks fit. (f) in the case of appeals, charges incurred by a party for obtaining any copies of judgments and
16. Decree in suit for account between principal and agent.—In a suit for an account of pecuniary decrees which are required to be filed along with the memorandum of appeal.
transactions between a principal and an agent, and in any other suit not hereinbefore provided for, where it is 2. Costs to be awarded in accordance with the rules made by High Court.—The award of Costs
necessary, in order to ascertain the amount of money due to or from any party, that an account should be taken, under this rule shall be in accordance with such rules as the High Court may make in that behalf.]
the Court shall, before passing its final decree, pass a preliminary decree directing such accounts to be ______
taken as it thinks fit. ORDER XXI
17. Special directions as to accounts.—The Court may either by the decree directing an account to be
Execution of Decrees and Orders
taken or by any subsequent order give special direction with regard to the mode in which the account is to
Payment under Decree
be taken or vouched and in particular may direct that in taking the account the books of account in which the
1
accounts in question have been kept shall be taken as prima facie evidence of the truth of the matters therein [1. Modes of paying money under decree.—(1) All money, payable under a decree shall be paid as
contained with liberty to the parties interested to take such objection thereto as they may be advised. follows, namely:—
18. Decree in suit for partition of property or separate possession of a share therein.—Where the (a) by deposit into the court whose duty it is to execute the decree, or sent to that Court by postal
Court passes a decree for the partition of property or for the separate possession of a share therein, then,— money order or through a bank; or
(1) if and in so far as the decree relates to an estate assessed to the payment of revenue to the (b) out of Court, to the decree-holder by postal money order or through a bank or by any other
Government, the decree shall declare the rights of the several parties interested in the property, but mode wherein payment is evidenced in writing; or
shall direct such partition or separation to be made by the Collector, or any gazetted subordinate of
the Collector deputed by him in this behalf, in accordance with such declaration and with the (c) otherwise, as the Court which made the decree, directs.
provisions of section 54; (2) Where any payments is made under clause (a) or clause (c) of sub-rule (1), the judgment-debtor
shall give notice thereof to the decree-holder either through the Court or directly to him by registered
(2) if and in so far as such decree relates to any other immovable property or to movable property, post, acknowledgment due.
the Court may, if the partition or separation cannot be conveniently made without further inquiry, (3) Where money is paid by postal money order or through a bank under clause (a) or clause (b) of
pass a preliminary decree declaring the rights of the several parties interested in the property and sub-rule (1), the money order or payment through bank, as the case may be, shall accurately state the
giving such further directions as may be required. following particulars, namely:—
19. Decree when set-off or counter-claim is allowed.—(1) Where the defendant has been allowed a (a) the number of the original suit;
set-off 1[or counter-claim] against the claim of the plaintiff, the decree shall state what amount is due to (b) the names of the parties or where there are more than two plaintiffs or more than two
the plaintiff and what amount is due to the defendant, and shall be for the recovery of any sum which defendants, as the case may be, the names of the first two plaintiffs and the first two defendants;
appears to be due to either party. (c) how the money remitted is to be adjusted, that is to say, whether it is towards the principal,
(2) Appeal from decree relating to set-off or counter-claim.—Any decree passed in a suit in which interest or costs;
a set-off 1[or counter-claim] is claimed shall be subject to the same provisions in respect of appeal to (d) the number of the execution case of the Court, where such case is pending; and
which it would have been subject if no set-off 1[or counter-claim] had been claimed. (e) the name and address of the payer.
(3) The provisions of this rule shall apply whether the set-off is admissible under rule 6 of Order VIII (4) On any amount paid under clause (a) or clause (c) of sub-rule (1), interest, if any, shall cease to
or otherwise. run from the date of service of the notice referred to in sub-rule (2).
(5) On any amount paid under clause (b) of sub-rule (1), interest, if any, shall cease to run from the
20. Certified copies of judgment and decree to be furnished.—Certified copies of the judgment date of such payment:
and decree shall be furnished to the parties on application to the Court, and at their expense. Provided that, where the decree-holder refuses to accept the postal money order or payment through a
______ bank, interest shall cease to run from the date on which the money was tendered to him, or where he
2 avoids acceptance of the postal money order or payment through bank, interest shall cease to run from the
[ORDER XXA
Costs date on which the money would have been tendered to him in the ordinary course of business of the postal
authorities or the bank, as the case may be.]
1. Provisions relating to certain items.—Without prejudice to the generality of the provisions of this
Code relating to costs, the Court may award costs in respect of,— 2. Payment out of Court to decree-holder.—(1) Where any money payable under a decree of any
kind is paid out of Court, 2[or decree of any kind is otherwise adjusted] in whole or in part to the

1. Ins. by Act 104 of 1976, s. 70 (w.e.f. 1-2-1977). 1. Subs. by Act 104 of 1976, s. 72, for rule 1 (w.e.f. 1-2-1977).
2. Ins. by s. 71, ibid. (w.e.f. 1-2-1977). 2. Subs. by s. 72, ibid., for certain words (w.e.f. 1-2-1977).

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satisfaction of the decree-holder, the decree-holder shall certify such payment or adjustment to the Court 8. Execution of decree or order by Court to which it is sent.—Where such copies are so filed, the
whose duty it is to execute the decree, and the Court shall record the same accordingly. decree or order may, if the Court to which it is sent is the District Court, be executed by such Court or be
2
(2) The judgment-debtor [or any person who has become surety for the judgment-debtor] also may transferred for execution to any subordinate Court of competent jurisdiction.
inform the Court of such payment or adjustment, and apply to the Court to issue a notice to the decree- 9. Execution by High Court of decree transferred by other Court.—Where the Court to which the
holder to show cause, on a day to be fixed by the Court, why such payment or adjustment should not be decree is sent for execution is a High Court, the decree shall be executed by such Court in the same
recorded as certified; and if, after service of such notice, the decree-holder fails to show cause why the manner as if it had been passed by such Court in the exercise of its ordinary original civil jurisdiction.
payment or adjustment should not be recorded as certified, the Court shall record the same accordingly.
Application for execution
1
[(2A) No payment or adjustment shall be recorded at the instance of the judgment-debtor unless—
10. Application for execution.—Where the holder of a decree desires to execute it, he shall apply to
(a) the payment is made in the manner provided in rule 1; or the Court which passed the decree or to the officer (if any) appointed in this behalf, or if the decree has
(b) the payment or adjustment is proved by documentary evidence; or been sent under the provisions hereinbefore contained to another Court then to such Court or to the proper
officer thereof.
(c) the payment or adjustment is admitted by, or on behalf of, the decree-holder in his reply to the
notice given under sub-rule (2) of rule 1, or before the Court.] 11. Oral application.—(1) Where a decree is for the payment of money the Court may, on the oral
2 application of the decree-holder at the time of the passing of the decree, order immediate execution
(3) A payment or adjustment, which has not been certified or recorded as aforesaid, shall not be
thereof by the arrest of the judgment-debtor, prior to the preparation of a warrant if he is within the
recognized by any Court executing the decree.
precincts of the Court.
Courts executing decrees (2) Written application.—Save as otherwise provided by sub-rule (1), every application for the
3. Lands situate in more than one jurisdiction.—Where immovable property forms one estate or execution of a decree shall be in writing, signed and verified by the applicant or by some other person
tenure situate within the local limits of the jurisdiction of two or more Courts, any one of such Courts proved to the satisfaction of the Court to be acquainted with the facts of the case, and shall contain in a
may attach and sell the entire estate or tenure. tabular form the following particulars, namely:—
4. Transfer to Court of Small Causes. —Where a decree has been passed in a suit of which the value as (a) the number of the suit;
set forth in the plaint did not exceed two thousand rupees and which, as regards its subject-matter, is not (b) the names of the parties;
excepted by the law for the title being in force from the cognizance of either a Presidency or a Provincial Court (c) the date of the decree;
of Small Causes, and the Court which passed it wishes it to be executed in Calcutta, Madras 3[or Bombay],
such Court may send to the Court of Small Causes in Calcutta, Madras 2[or Bombay], as the case may be, the (d) whether any appeal has been preferred from the decree;
copies and certificates mentioned in rule 6; and such Court of Small Causes shall thereupon execute the decree (e) whether any, and (if any) what, payment or other adjustment of the matter in controversy has
as if it had been passed by itself. been made between the parties subsequently to the decree;
4
[5. Mode of transfer.—Where a decree is to be sent for execution to another Court, the Court which (f) whether any, and (if any) what, previous applications have been made for the execution of the
passed such decree shall send the decree directly to such other Court whether or not such other Court is decree, the dates of such applications and their results;
situated in the same State, but the Court to which the decree is sent for execution shall, if it has no (g) the amount with interest (if any) due upon the decree, or other relief granted thereby, together
jurisdiction to execute the decree, send it to the Court having such jurisdiction.] with particulars of any cross-decree, whether passed before or after the date of the decree sought to be
6. Procedure where Court desires that its own decree shall be executed by another Court.—The executed;
Court sending a decree for execution shall send— (h) the amount of the costs (if any) awarded;
(a) a copy of the decree; (i) the name of the person against whom execution of the decree is sought; and
(b) a certificate setting forth that satisfaction of the decree has not been obtained by execution within (j) the mode in which the assistance of the Court is required whether,—
the jurisdiction of the Court by which it was passed, or, where the decree has been executed in part, the (i) by the delivery of any property specifically decreed;
extent to which satisfaction has been obtained and what part of the decree remains unsatisfied; and 1
[(ii) by the attachment, or by the attachment and sale, or by the sale without attachment, of
(c) a copy of any order for the execution of the decree, or, if no such order has been made, a any property;]
certificate to that effect. (iii) by the arrest and detention in prison of any person;
7. Court receiving copies of decree, etc., to file same without proof.—The Court to which a decree (iv) by the appointment of a receiver;
is so sent shall cause such copies and certificates to be filed, without any further proof of the decree or (v) otherwise, as the nature of the relief granted may require.
order for execution, or of the copies thereof, unless the Court, for any special reasons to be recorded
(3) The Court to which an application is made under sub-rule (2) may require the applicant to produce
under the hand of the Judge, requires such proof.
a certified copy of the decree.
2
[11A. Application for arrest to state grounds.—Where an application is made for the arrest and
detention in prison of the judgment-debtor, it shall state, or be accompanied by an affidavit stating, the
1. Ins. by s. 72, ibid. (w.e.f. 1-2-1977). grounds on which arrest is applied for.]
2. In the application of the Act to Punjab, sub-rule (3) rep. by the Punjab Relief of Indebtedness Act, 1934 (Pun. Act 7 of 1934),
s. 36.
3. Subs. by the A.O. 1937, for “Bombay or Rangoon”. 1. Subs. by Act 104 of 1976, s. 72, for sub-clause (ii) (w.e.f. 1-2-1977).
4. Subs. by Act 104 of 1976, s. 72, for rule 5 (w.e.f. 1 -2-1977). 2. Ins. by s. 72, ibid. (w.e.f. 1-2-1977).

151 152
 12. Application for attachment of movable property not in judgment-debtor’s provisionally (without prejudice to the right of the parties to have the amount finally decided in the course
possession.—Where an application is made for the attachment of any movable property belonging to a of the proceedings) the amount and make an order for the execution of the decree for the amount so
judgment-debtor but not in his possession, the decree-holder shall annex to the application an inventory of provisionally decided.]
the property to be attached, containing a reasonably accurate description of the same.
(2) Where an application is amended under the provisions of sub-rule (1), it shall be deemed to have
13. Application for attachment of immovable property to contain certain particulars.—Where been an application in accordance with law and presented on the date when it was first presented.
an application is made for the attachment of any immovable property belonging to a judgment-debtor, it
shall contain at the foot— (3) Every amendment made under this rule shall be signed or initialled by the Judge.
(a) a description of such property sufficient to identify the same and, in case such property can be (4) When the application is admitted, the Court shall enter in the proper register a note of the
identified by boundaries or numbers in a record of settlement or survey, a specification of such application and the date on which it was made, and shall, subject to the provisions hereinafter contained,
boundaries or numbers; and order execution of the decree according to the nature of the application:
(b) a specification of the judgment-debtor’s share or interest in such property to the best of the Provided that, in the case of a decree for the payment of money, the value of the property attached
belief of the applicant, and so far as he has been able to ascertain the same. shall, as nearly as may be, correspond with the amount due under the decree.
14. Power to require certified extract from Collector’s register in certain cases.—Where an 18. Execution in case of cross-decrees.—(1) Where applications are made to a Court for the
application is made for the attachment of any land which is registered in the office of the Collector, the execution of cross-decrees in separate suits for the payment of two sums of money passed between the
Court may require the applicant to produce a certified extract from the register of such office, specifying same parties and capable of execution at the same time by such Court, then—
the persons registered as proprietors of, or as possessing any transferable interest in, the land or its (a) if the two sums are, equal, satisfaction shall be entered upon both decrees; and
revenue, or as liable to pay revenue for the land, and the shares of the registered proprietors.
(b) if the two sums are unequal execution may be taken out only by the holder of the decree for
15. Application for execution by Joint decree-holders.—(1) Where a decree has been passed the larger sum and for so much only as remains after deducting the smaller sum, and satisfaction for
jointly in favour of more persons than one, any one or more of such persons may, unless the decree the smaller sum shall be entered on the decree for the larger sum as well as satisfaction on the decree
imposes any condition to the contrary, apply for the execution of the whole decree for the benefit of them for the smaller sum.
all, or, where any of them has died, for the benefit of the survivors and the legal representatives of the
deceased. (2) This rule shall be deemed to apply where either party is an assignee of one of the decrees and as
well in respect of judgment-debts due by the original assignor as in respect of judgment-debts due by the
(2) Where the Court sees sufficient cause for allowing the decree to be executed on an application assignee himself.
made under this rule, it shall make such order as it deems necessary for protecting the interest of the
(3) This rule shall not be deemed to apply unless—
persons who have not joined in the application.
(a) the decree-holder in one of the suits in which the decrees have been made is the judgment-
16. Application for execution by transferee of decree.—Where a decree or, if a decree has been debtor in the other and each party files the same character in both suits; and
passed jointly in favour of two or more persons, the interest of any decree-holder in the decree is
transferred by assignment in writing or by operation of law, the transferee may apply for execution of the (b) the sums due under the decrees are definite.
decree to the Court which passed it; and the decree may be executed in the same manner and subject to (4) The holder of a decree passed against several persons jointly and severally may treat it as a cross-
the same conditions as if the application were made by such decree-holder: decree in relation to a decree passed against him singly in favour of one or more of such persons.
Provided that, where the decree, or such interest as aforesaid, has been transferred by assignment, Illustrations
notice of such application shall be given to the transferor and the judgment-debtor, and the decree shall
(a) A holds a decree against B for Rs. 1,000. B holds a decree against A for payment of Rs. 1,000 in case A fails
not be executed until the Court has heard their objections (if any) to its execution: to deliver certain goods at a future day. B cannot treat his decree as a cross-decree under this rule.
Provided also that, where a decree for the payment of money against two or more persons has been (b) A and B, co-plaintiffs, obtain a decree for Rs. 1,000. against C, and C obtains a decree for Rs. 1,000 against
transferred to one of them, it shall not be executed against the others. B. C cannot treat his decree as a cross-decree under this rule.
1 A obtains a decree against B for Rs. 1,000. C, who is a trustee for B, obtains a decree on behalf of B against A
[Explanation.—Nothing in this rule shall affect the provisions of section 146, and a transferee of
rights in the property, which is the subject matter of the suit, may apply for execution of the decree for Rs. 1,000. B cannot treat C's decree as a cross-decree under this rule.
without a separate assignment of the decree as required by this rule.] A, B, C, D and E are jointly and severally liable for Rs. 1,000 under a decree obtained by F. A obtains a decree
for Rs. 1,000 against F singly and applies for execution to the Court in which the joint-decree is being executed. F
17. Procedure on receiving application for execution of decree.—(1) On receiving an application
may treat his joint-decree as cross-decree under this rule.
for the execution of a decree as provided by rule 11, sub-rule (2), the Court shall ascertain whether such
of the requirements of rules 11 to 14 as may be applicable to the case have been complied with; and, if 19. Execution in case of cross-claims under same decree.—Where application is made to a Court
they have not been complied with, 2[the Court shall allow] the defect to be remedied then and there or for the execution of a decree under which two parties are entitled to recover sums of money from each
within a time to be fixed by it. other, then—
2
[1A. If the defect is not so remedied, the Court shall reject the application: (a) if the two sums are equal, satisfaction for both shall be entered upon the decree; and
Provided that where, in the opinion of the Court, there is some inaccuracy as to the amount referred to (b) if the two sums are unequal, execution may be taken out only by the party entitled to the larger
in clauses (g) and (h) of sub-rule (2) of rule 11, the Court shall, instead of rejecting the application, decide sum and for so much only as remains after deducting the smaller sum, and satisfaction for the smaller
sum shall be entered upon the decree.
20. Cross-decrees and cross-claims in mortgage suits.—The provisions contained in rules 18 and
1. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).
2. Subs. by s. 72, ibid., for certain words (w.e.f. 1-2-1977). 19 shall apply to decrees for sale in enforcement of a mortgage or charge.

153 154

21. Simultaneous execution.—The Court may, in its discretion, refuse execution at the same time 25. Endorsement on process.—(1) The officer entrusted with the execution of the process shall
against the person and property of the judgment-debtor. endorse thereon the day on, and the manner in, which it was executed, and, if the latest day specified in
22. Notice to show cause against execution in certain cases.—(1) Where an application for the process for the return thereof has been exceeded, the reason of the delay, or, if it was not executed, the
execution is made— reason why it was not executed, and shall return the process with such endorsement to the Court.

(a) more than 1[two years] after the date of the decree, or (2) Where the endorsement is to the effect that such officer is unable to execute the process, the Court
shall examine him touching his alleged inability, and may, if it thinks fit, summon and examine witnesses
(b) against the legal representative of a party to the decree 2[or where an application is made for as to such inability, and shall record the result.
execution of a decree filed under the provisions of section 44A], 3[or]
4
[(c) against the assignee or receiver in insolvency, where the party to the decree has been Stay of execution
adjudged to be an insolvent,] 26. When Court may stay execution.—(1) The Court to which a decree has been sent for execution
the Court executing the decree shall issue a notice to the person against whom execution is applied for shall, upon sufficient cause being shown, stay the execution of such decree for a reasonable time, to enable
the judgment-debtor to apply to the Court by which the decree was passed, or to any Court having
requiring him to show cause, on a date to be fixed, why the decree should not be executed against him :
appellate jurisdiction in respect of the decree or the execution thereof, for an order to stay execution, or for
Provided that no such notice shall be necessary in consequence of more than 5[two years] having any other order relating to the decree or execution which might have been made by such Court of first
elapsed between the date of the decree and the application for execution if the application is made within instance or Appellate Court if execution had been issued thereby, or if application for execution had been
2
[two years] from the date of the last order against the party against whom execution is applied for, made made thereto.
on any previous application for execution, or in consequence of the application being made against the (2) Where the property or person of the judgment-debtor has been seized under an execution, the
legal representative of the judgment-debtor if upon a previous application for execution against the same Court which issued the execution may order the restitution of such property or the discharge of such
person the Court has ordered execution to issue against him. person pending the result of the application.
(2) Nothing in the foregoing sub-rule shall be deemed to preclude the Court from issuing any process (3) Power to require security from, or impose conditions upon, judgment-debtor.—Before
in execution of a decree without issuing the notice thereby prescribed, if, for reasons to be recorded, it making an order to stay execution, or for the restitution of property or the discharge of the judgment-
considers that the issue of such notice would cause unreasonable delay or would defeat the ends of debtor, 1[the Court shall require] such security from, or impose such condition upon, the judgment-debtor
justice. as it thinks fit.
1
[22A. Sale not be set aside on the death of the judgment-debtor before the sale but after the service 27. Liability of judgment-debtor discharged.—No order of restitution or discharge under rule 26
of the proclamation of sale.—Where any property is sold in execution of a decree, the sale shall not be set shall prevent the property or person of a judgment-debtor from being retaken in execution of the decree
aside merely by reason of the death of the judgment-debtor between the date of issue of the proclamation of sent for execution.
sale and the date of the sale notwithstanding the failure of the decree-holder to substitute the legal 28. Order of Court which passed decree or of Appellate Court to be binding upon Court applied
representative of such deceased judgment-debtor, but, in case of such failure, the Court may set aside the sale to.—Any order of the Court by which the decree was passed, or of such Court of appeal as aforesaid, in
if it is satisfied that the legal representative of the deceased judgment-debtor has been prejudiced by the sale.] relation to the execution of such decree, shall be binding upon the Court to which the decree was sent for
23. Procedure after issue of notice.—(1) Where the person to whom notice is issued under 6[rule 22] execution.
does not appear or does not show cause to the satisfaction of the Court why the decree should not be 29. Stay of execution pending suit between decree-holder and judgment-debtors.—Where a suit is
pending in any Court against the holder of a decree of such Court 2[or of a decree which is being executed
executed, the Court shall order the decree to be executed.
by such Court, on the part of the person against whom the decree was passed, the Court may, on such terms
(2) Where such person offers any objection to the execution of the decree, the Court shall consider as to security or otherwise, as it thinks fit, stay execution of the decree until the pending suit has been
such objection and make such order as it thinks fit. decided:
2
[Provided that if the decree is one for payment of money, the Court shall, if it grants stay without
Process for execution requiring security, record its reasons for so doing.]
24. Process for execution.—(1) When the preliminary measures (if any) required by the foregoing Mode of execution
rules have been taken, the Court shall, unless it sees cause to the contrary, issue its process for the 30. Decree for payment of money.—Every decree for the payment of money, including a decree for
the payment of money as the alternative to some other relief, may be executed by the detention in the civil
execution of the decree.
prison of the judgment-debtor, or by the attachment and sale of his property, or by both.
(2) Every such process shall bear date the day on which it is issued, and shall be signed by the Judge 31. Decree for specific movable property.—(1) Where the decree is for any specific movable, or for
or such officer as the Court may appoint in this behalf, and shall be sealed with the seal of the Court and any share in a specific movable, it may be executed by the seizure, if practicable, of the movable or share,
delivered to the proper officer to be executed. and by the delivery thereof to the party to whom it has been adjudged, or to such person as he appoints to
receive delivery on his behalf, or by the detention in the civil prison of the judgment-debtor, or by the
7
[(3) In every such process, a day shall be specified on or before which it shall be executed and a day attachment of his property, or by both.
shall also be specified on or before which it shall be returned to the Court, but no process shall be deemed (2) Where any attachment under sub-rule (1) has remained in force for 3[three months,] if the
to be void if no day for its return is specified therein.] judgment-debtor has not obeyed the decree and the decree-holder has applied to have the attached
property sold, such property may be sold, and out of the proceeds the Court may award to the decree-
1. Subs. by Act 104 of 1976, s. 72, for “one year” (w.e.f. 1-2-1977). holder, in cases where any amount has been fixed by the decree to be paid as an alternative to delivery of
2. Ins. by Act 8 of 1937, s. 3.
3. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).
4. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).
5. Subs. by s. 72, ibid., for “one year” (w.e.f. 1-2-1977). 1. Subs. by Act 104 of 1976, s. 72, for “the Court may require” (w.e.f. 1-2-1977).
6. Subs. by Act 38 of 1978, s. 3 and the second Sch., for “the last preceding rule” (w.e.f. 26-11-1978). 2. Ins. by s. 72, ibid. (w.e.f. 1-2-1977).
7. Subs. by Act 104 of 1976, s. 72, for sub-rule (3) (w.e.f. 1-2-1977). 3. Subs. by s. 72, ibid, for “six months” (w.e.f. 1-2-1977).

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movable property, such amount, and in other cases, such compensation as it thinks fit, and shall pay the make to the decree-holder such periodical payments as may be just, and, if it thinks fit, require that the
balance (if any) to the judgment-debtor on his application. judgment-debtor shall, to its satisfaction, secure to the decree-holder such periodical payments.
(3) Where the judgment-debtor has obeyed the decree and paid all costs of executing the same which he
(3) The Court may from time to time vary or modify any order made under sub-rule (2) for the periodical
is bound to pay, or where, at the end of 3[three months] from the date of the attachment, no application to payment of money, either by altering the times of payment or by increasing or diminishing the amount, or may
have the property sold has been made, or, if made, has been refused, the attachment shall cease. temporarily suspend the same as to the whole or any part of the money so ordered to be paid, and again
32. Decree for specific performance for restitution of conjugal rights, or for an injunction.— review the same, either wholly or in part as it may think just.
(1) Where the party against whom a decree for the specific performance of a contract, or for restitution of (4) Any money ordered to be paid under this rule may be recovered as though it were payable under a
conjugal rights, or for an injunction, has been passed, has had an opportunity of obeying the decree and decree for the payment of money.
has wilfully failed to obey it, the decree may be enforced 1[in the case of a decree for restitution of
34. Decree for execution of document, or endorsement of negotiable instrument.—(1) Where a
conjugal rights by the attachment of his property or, in the case of a decree for the specific performance
decree is for the execution of a document or for the endorsement of a negotiable instrument and the
of a contract or for an injunction] by his detention in the civil prison, or by the attachment of his property, judgment-debtor neglects or refuses to obey the decree, the decree-holder may prepare a draft of the
or by both. document or endorsement in accordance with the terms of the decree and deliver the same to the Court.
(2) Where the party against whom a decree for specific performance or for an injunction has been (2) The Court shall there upon cause the draft to be served on the judgment-debtor together with a
passed is a corporation, the decree may be enforced by the attachment of the property of the corporation notice requiring his objections (if any) to be made within such time as the Court fixes in this behalf.
or, with the leave of the Court, by the detention in the civil prison of the directors or other principal (3) Where the judgment-debtor objects to the draft, his objections shall be stated in writing within
officers thereof, or by both attachment and detention. such time, and the Court shall make such order approving or altering the draft, as it thinks fit.
(3) Where any attachment under sub-rule (1) or sub-rule (2) has remained in force for 2[six months,] (4) The decree-holder shall deliver to the Court a copy of the draft with such alterations (if any) as the
if the judgment-debtor has not obeyed the decree and the decree-holder has applied to have the attached Court may have directed upon the proper stamp-paper if a stamp is required by the law for the time being
property sold, such property may be sold; and out of the proceeds the Court may award to the decree- in force; and the Judge or such officer as may be appointed in this behalf shall execute the document so
holder such compensation as it thinks fit, and shall pay the balance (if any) to the judgment-debtor on his delivered.
application.
(5) The execution of a document or the endorsement of a negotiable instrument under this rule may
(4) Where the judgment-debtor has obeyed the decree and paid all costs of executing the same which be in the following form, namely:—
he is bound to pay, or where, at the end of 2[six months] from the date of the attachment no application to “C. D., Judge of the Court of,
have the property sold has been made, or if made has been refused, the attachment shall cease.
(or as the case may be), for A. B., in a suit by E. F against A. B.”,
(5) Where a decree for the specific performance of a contract or for an injunction has not been obeyed,
the Court may, in lieu of or in addition to all or any of the processes aforesaid, direct that the act required to and shall have the same effect as the execution of the document or the endorsement of the negotiable
be done may be done so far as practicable by the decree-holder or some other person appointed by the instrument by the party ordered to execute or endorse the same.
1
Court, at the cost of the judgment-debtor, and upon the act being done the expenses incurred may be [(6) (a) Where the registration of the document is required under any law for the time being in force,
ascertained in such manner as the Court may direct and may be recovered as if they were included in the the Court, or such officer of the Court as may be authorised in this behalf by the Court, shall cause the
decree. document to be registered in accordance with such law.
3
[Explanation.—For the removal of doubts, it is hereby declared that the expression “the act required (b) Where the registration of the document is not so required, but the decree-holder desires it to be
to be done” covers prohibitory as well as mandatory injunctions.] registered, the Court may make such order as it thinks fit.

Illustration (c) Where the Court makes any order for the registration of any document, it may make such order as
it thinks fit as to the expenses of registration.]
A, a person of little substance, erects a building which renders uninhabitable a family mansion belonging to B.
A, in spite of his detention in prison and the attachment of his property, declines to obey a decree obtained against 35. Decree for immovable property.—(1) Where a decree is for the delivery of any immovable
him by B and directing him to remove the building. The Court is of opinion that no sum realizable by the sale of A's property, possession thereof shall be delivered to the party to whom it has been adjudged, or to such
property would adequately compensate B for the depreciation in the value of his mansion. B may apply to the Court person as he may appoint to receive delivery on his behalf, and, if necessary, by removing any person
to remove the building and may recover the cost of such removal from A in the execution-proceedings. bound by the decree who refuses to vacate the property.

33. Discretion of Court in executing decrees for restitution of conjugal rights.—(1) (2) Where a decree is for the joint possession of immovable property, such possession shall be
Notwithstanding anything in rule 32, the Court, either at the time of passing a decree 4[against a husband] delivered by affixing a copy of the warrant in some conspicuous place on the property and proclaiming by
beat of drum, or other customary mode, at some convenient place, the substance of the decree.
for the restitution of conjugal rights or at any time afterwards, may order that the decree 5[shall be
executed in the manner provided in this rule.] (3) Where possession of any building on enclosure is to be delivered and the person in possession,
being bound by the decree, does not afford free access, the Court, through its officers, may, after giving
(2) Where the Court has made an order under sub-rule (1) 6***, it may order that, in the event of the reasonable warning and facility to any woman not appearing in public according to the customs of the
decree not being obeyed within such period as may be fixed in this behalf, the judgment-debtor shall country to withdraw, remove or open any lock or bolt or break open any door or do any other act
necessary for putting the decree-holder in possession.
1. Ins. by Act 29 of 1923, s. 2. 36. Decree for delivery of immovable property when in occupancy of tenant.—Where a decree is for
2. Subs. by Act 104 of 1976, s. 72, for “one year (w.e.f. 1-2-1977). the delivery of any immovable property in the occupancy of a tenant or other person entitled to occupy the
3. Ins. by Act 22 of 2002, s. 14 (w.e.f. 1-7-2002).
4. Ins. by Act 29 of 1923, s. 3.
same and not bound by the decree to relinquish such occupancy, the Court shall order delivery to be made by
5. Subs. by s. 3, ibid., for “shall not be executed by detention in prison”.
6. The words “and the decree-holder is the wife” omitted by s. 3, ibid. 1. Subs. by Act 104 of 1976, s. 72, for sub-rule (6) (w.e.f. 1-2-1977).

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affixing a copy of the warrant in some conspicuous place on the property, and proclaiming to the occupant by (3) Upon the conclusion of the inquiry under sub-rule (1) the Court may, subject to the provisions of
beat of drum or other customary mode, at some convenient place, the substance of the decree in regard to the section 51 and to the other provisions of this Code, make an order for the detention of the judgment-
property. debtor in the civil prison and shall in that event cause him to be arrested if he is not already under arrest:
37. Discretionary power to permit judgment-debtor to show cause against detention in Provided that in order to give the judgment-debtor an opportunity of satisfying the decree, the Court
prison.—(1) Notwithstanding anything in these rules, where an application is for the execution of a may, before making the order of detention, leave the judgment-debtor in the custody of an officer of the
decree for the payment of money by the arrest and detention in the civil prison of a judgment-debtor who Court for a specified period not exceeding fifteen days or release him on his furnishing security to the
is liable to be arrested in pursuance of the application, the Court 1[shall], instead of issuing a warrant for satisfaction of the Court for his appearance at the expiration of the specified period if the decree be not
his arrest, issue a notice calling upon him to appear before the Court on a day to be specified in the notice sooner satisfied.
and show cause why he should not be committed to the civil prison:
2
[Provided that such notice shall not be necessary if the Court is satisfied, by affidavit, or otherwise, (4) A judgment-debtor released under this rule may be re-arrested.
that, with the object or effect of delaying the execution of the decree, the judgment-debtor is likely to
abscond or leave the local limits of the jurisdiction of the Court.] (5) When the Court does not make an order of detention under sub-rule (3) it shall disallow the
application and, if the judgment-debtor is under arrest, direct his release.]
(2) Where appearance is not made in obedience to the notice, the Court shall, if the decree-holder so
requires, issue a warrant for the arrest of the judgment-debtor. Attachment of property

38. Warrant for arrest to direct judgment-debtor to be brought up.—Every warrant for the 41. Examination of judgment-debtor as to his property.—1[(1)] Where a decree is for the payment
arrest of a judgment-debtor shall direct the officer entrusted with its execution to bring him before the of money the decree-holder may apply to the Court for an order that—
Court with all convenient speed, unless the amount which he has been ordered to pay, together with the
interest thereon and the costs (if any) to which he is liable, be sooner paid. (a) the judgment-debtor, or

39. Subsistence allowance.—(1) No judgment-debtor shall be arrested in execution of a decree (b) 2[where the judgment-debtor is a corporation], any officer thereof, or
unless and until the decree-holder pays into Court such sum as the Judge thinks sufficient for the
subsistence of the judgment-debtor from the time of his arrest until he can be brought before the Court. (c) any other person,
(2) Where a judgment-debtor is committed to the civil prison in execution of a decree, the Court be orally examined as to whether any or what debts are owing to the judgment-debtor and whether the
shall fix for his subsistence such monthly allowance as he may be entitled to according to the scales fixed judgment-debtor has any and what other property or means of satisfying the decree; and the Court may
under section 57, or, where no such scales have been fixed, as it considers sufficient with reference to the make an order for the attendance and examination of such judgment-debtor, or officer or other person,
class to which he belongs. and for the production of any books or documents.
(3) The monthly allowance fixed by the Court shall be supplied by the party on whose application the 3
[(2) Where a decree for the payment of money has remained unsatisfied for a period of thirty days,
judgement-debtor has been arrested by monthly payments in advance before the first day of each month. the Court may, on the application of the decree-holder and without prejudice to its power under sub-rule
(1), by order require the judgment-debtor or where the judgment-debtor is a corporation, any officer
(4) The first payment shall be made to the proper officer of the Court for such portion of the current
thereof, to make an affidavit stating the particulars of the assets of the judgment-debtor.
month as remains unexpired before the judgment-debtor is committed to the civil prison, and the
subsequent payments (if any) shall be made to the officer in charge of the civil prison. (3) In case of disobedience of any order made under sub-rule (2), the Court making the order, or any
(5) Sums disbursed by the decree-holder for the subsistence of the judgment-debtor in the civil Court to which the proceeding is transferred, may direct that the person disobeying the order be detained
prison shall be deemed to be costs in the suit : in the civil prison for a term not exceeding three months unless before the expiry of such term the Court
directs his release.]
Provided that the judgment-debtor shall not be detained in the civil prison or arrested on account of
any sum so disbursed. 42. Attachment in case of decree for rent or mesne profits or other matter, amount of which to
be subsequently determined.—Where a decree directs an inquiry as to rent or mesne profits or any other
3
[40. Proceedings on appearance of judgment-debtor in obedience to notice or after arrest.—(1) matter, the property of the judgment-debtor may, before the amount due from him has been ascertained,
When a judgment-debtor appears before the Court in obedience to a notice issued under rule 37, or is brought be attached, as in the case of an ordinary decree for the payment of money.
before the Court after being arrested in execution of a decree for the payment of money, the Court shall
43. Attachment of movable property, other than agricultural produce, in possession of
proceed to hear the decree-holder and take all such evidence as may be produced by him in support of his
judgment-debtor.—Where the property to be attached is movable property other than agricultural
application for execution and shall then give the judgment-debtor an opportunity of showing cause why he produce, in the possession of the judgement-debtor, the attachment shall be made by actual seizure, and
should not be committed to the civil prison. the attaching officer shall keep the property in his own custody or in the custody of one of his
(2) Pending the conclusion of the inquiry under sub-rule (1) the Court may, in its discretion, order the subordinates, and shall be responsible for the due custody thereof :
judgment-debtor to be detained in the custody of an officer of the Court or release him on his furnishing
security to the satisfaction of the Court for his appearance when required. Provided that, when the property seized is subject to speedy and natural decay, or when the expense
of keeping it in custody is likely to exceed its value, the attaching officer may sell it at once.

1. Subs. by Act 21 of 1936, s. 3, for “may”. 1. Rule 41 renumbered as sub-rule (1) by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).
2. Ins. by s. 3, ibid. 2. Subs. by s. 72, ibid., for “in the case of a corporation” (w.e.f. 1-2-1977).
3. Subs. by s. 4, ibid., for rule 40. 3. Ins. by s. 72, ibid. (w.e.f. 1-2-1977).

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 3
[43A. Custody of movable property.—(1) Where the property attached consists of live-stock, agricultural (b) a share in the capital of a corporation,
implements or other articles which cannot conveniently be removed and the attaching officer does not act under
the proviso to rule 43, he may, at the instance of the judgment-debtor or of the decree holder or of any (c) other movable property not in the possession of the judgment-debtor, except property
other person claiming to be interested in such property, leave it in the village or place where it has been deposited in, or in the custody of, any Court,
attached, in the custody of any respectable person (hereinafter referred to as the “custodian”). the attachment shall be made by a written order prohibiting,—
(2) If the custodian fails, after due notice, to produce such property at the place named by the Court
(i) in the case of the debt, the credit or from recovering the debt and the debtor from making
before the officer deputed for the purpose or to restore it to the person in whose favour restoration is
payment thereof until the further order of the Court;
ordered by the Court, or if the property, though so produced or restored, is not in the same condition as it
was when it was entrusted to him,— (ii) in the case of the share, the person in whose name the share may be standing from transferring
(a) the custodian shall be liable to pay compensation to the decree-holder, judgment-debtor or any the same or receiving any dividend thereon;
other person who is found to be entitled to the restoration thereof, for any loss or damage caused by (iii) in the case of the other movable property except as aforesaid, the person in possession of the
his default; and same from giving it over to the judgement-debtor.
(b) such liability may be enforced— (2) A copy of such order shall be affixed on some conspicuous part of the court-house, and another
(i) at the instance of the decree-holder, as if the custodian were a surety under section 145; copy shall be sent in the case of the debt, to the debtor, in the case of the share, to the proper officer of the
corporation, and, in the case of the other movable property (except as aforesaid), to the person in
(ii) at the instance of the judgement-debtor or such other person, on an application in possession of the same.
execution; and
(3) A debtor prohibited under clause (i) of sub-rule (1) may pay the amount of his debt into Court,
(c) any order determining such liability shall be appealable as a decree.] and such payment shall discharge him as effectually as payment to the party entitled to receive the same.
44. Attachment of agricultural produce.—Where the property to be attached is agricultural 1
[46A. Notice to garnishee.—(1) The Court may in the case of a debt (other than a debt secured by a
produce, the attachment shall be made by affixing a copy of the warrant of attachment,— mortgage or a charge) which has been attached under rule 46 upon the application of the attaching
(a) where such produce is a growing crop, on the land on which such crop has grown, or creditor, issue notice to the garnishee liable to pay such debt, calling upon him either to pay into Court the
debt due from him to the judgment-debtor or so much thereof as may be sufficient to satisfy the decree
(b) where such produce has been cut or gathered, on the threshing floor or place for treading out and costs of execution, or to appear and show cause why he should not do so.
grain or the like or fodder-stack on or in which it is deposited,
(2) An application under sub-rule (1) shall be made on affidavit verifying the facts alleged and stating
and another copy on the outer door or on some other conspicuous part of the house in which the that in the belief of the deponent, the garnishee is indebted to the judgment-debtor.
judgment-debtor ordinarily resides or, with the leave of the Court, on the outer door or on some other
conspicuous part of the house in which he carries on business or personally works for gain or in which he (3) Where the garnishee pays in the Court the amount due from him to the judgment-debtor or so
is known to have last resided or carried on business or personally worked for gain; and the produce shall much thereof as is sufficient to satisfy the decree and the costs of the execution, the Court may direct that
thereupon be deemed to have passed into the possession of the Court. the amount may be paid to the decree-holder towards satisfaction of the decree and costs of the execution.
45. Provisions as to agricultural produce under attachment.—(1) Where agricultural produce is 46B. Order against garnishee.—Where the garnishee does not forthwith pay into Court the amount
attached, the Court shall make such arrangements for the custody thereof as it may deem sufficient and, due from him to the judgment-debtor or so much thereof as is sufficient to satisfy the decree and the costs
for the purpose of enabling the Court to make such arrangements, every application for the attachment of of execution, and does not appear and show cause in answer to the notice, the Court may order the
a growing crop shall specify the time at which it is likely to be fit to be cut or gathered. garnishee to comply with the terms of such notice, and on such order, execution may issue as though such
(2) Subject to such conditions as may be imposed by the Court in this behalf either in the order of order were a decree against him.
attachment or in any subsequent order, the judgment-debtor may tend, cut, gather and store the produce and do 46C. Trial of disputed questions.—Where the garnishee disputes liability, the Court may order that
any other act necessary for maturing or preserving it; and if the judgment-debtor fails to do, all or any of such any issue of question necessary for the determination of liability shall be tried as if it where an issue in a
acts, the decree-holder may, with the permission of the Court and subject to the like conditions, do all or any of suit, and upon the determination of such issue shall make such order or orders as it deems fit:
them either by himself or by any person appointed by him in this behalf and the costs incurred by the
decree-holder shall be recoverable from the judgment-debtor as if they were included in, or formed part of, the Provided that if the debt in respect of which the application under rule 46A is made is in respect of a
decree. sum of money beyond the pecuniary jurisdiction of the Court, the Court shall send the execution case to
the Court of the District Judge to which the said Court is subordinate, and thereupon the Court of the
(3) Agricultural produce attached as a growing crop shall not be deemed to have ceased to be under
District Judge or any other competent Court to which it may be transferred by the District Judge shall deal
attachment or to require re-attachment merely because it has been served from the soil.
with it in the same manner as if the case had been originally instituted in that Court.
(4) Where an order for the attachment of a growing crop has been made at a considerable time before
the crop is likely to be fit to be cut or gathered, the Court may suspend the execution of the order for such 46D. Procedure where debt belongs to third person.—Where it is suggested or appears to be
time as it thinks fit, and may, in its discretion, make a further order prohibiting the removal of the crop probable that the debt belongs to some third person, or that any third person has a lien or charge on, or
pending the execution of the order of attachment. other interest in such debt, the Court may order such third person to appear and state the nature and
particulars of his claim, if any, to such debt and prove the same.
(5) A growing crop which from its nature does not admit of being stored shall not be attached under
this rule at any time less than twenty days before the time at which it is likely to be fit to be cut or gathered. 46E. Order as regards third person.—After hearing such third person and any person or persons who
may subsequently be ordered to appear, or where such third or other person or persons do not appear when so
46. Attachment of debt, share and other property not in possession of judgment-debtor.—(1) In ordered, the Court may make such order as is hereinbefore provided, or such other order or orders upon such
the case of—
(a) a debt not secured by a negotiable instrument, 1. Ss. 46A to 46-I ins. by Act 104 of 1976, s. 72 (w.e.f 1-2-1977).

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1
terms, if any, with respect to the lien, charge or interest, as the case may be, of such third or other person [(3) Every order made under this rule, unless it is returned in accordance with the provisions of
or persons as it may deem fit and proper. sub-rule (2) shall, without further notice or other process, bind the appropriate Government or the railway
company or local authority or corporation of Government company, as the case may be, while the judgement-
46F. Payment by garnishee to be valid discharge.—Payment made by the garnishee on notice debtor is within the local limits to which this Code for the time being extends and while he is beyond those
under rule 46A or under any such order as aforesaid shall be a valid discharge to him as against the limits, if he is in receipt of any salary or allowances payable out of the Consolidated Fund of India or the
judgement-debtor and any other person ordered to appear as aforesaid for the amount paid or levied, Consolidated Fund of the State or the funds of a railway company or local authority or corporation or
although the decree in execution of which the application under rule 46A was made, or the order passed Government company in India; and the appropriate Government or the railway company or local authority or
in the proceedings on such application may be set aside or reversed. corporation or Government company, as the case may be, shall be liable for any sum paid in contravention of
this rule.]
46G. Costs.—The costs of any application made under rule 46A and of any proceeding arising there
from or incidental thereto shall be in the discretion of the Court.
2
[Explanation.—In this rule, “appropriate Government” means,—
(i) As respects any person in the service of the Central Government, or any servant of a railway
46H. Appeals.—An order made under rule 46B, rule 46C or rule 46E shall be applicable as a decree.
administration or of a cantonment authority or of the port authority of a major port, or any servant of a
46-I.—Application to negotiable instruments.—The provisions of rules 46A to 46H (both corporation engaged in any trade or industry which is established by a Central Act, or any servant of a
inclusive) shall, so far as may be, apply in relation to negotiable instruments attached under rule 51 as Government company in which any part of the share capital is held by the Central Government or by
they apply in relation to debts.] more than one State Governments or partly by the Central Government and partly by one or more State
Governments, the Central Government;
47. Attachment of share in movables.—Where the property to be attached consists of the share or (ii) As respects any other servant of the Government, or a servant of any other local or other
interest of the judgment-debtor in movable property belonging to him and another as co-owners, the authority, or any servant of a corporation engaged in any trade or industry which is established by a
attachment shall be made by a notice to the judgment-debtor prohibiting him from transferring the share Provincial or State act, or a servant of any other Government company, the State Government.]
or interest or charging it in any way.
48. Attachment of salary or allowances of servant of the Government or railway company or 3
[48A. Attachment of salary or allowances of private employees.—(1)Where the property to be
local authority.—(1) Where the property to be attached is the salary or allowances of a 1[servant of the attached is the salary or allowances of an employee other than an employee to whom rule 48 applies, the
Government] or of a servant of a railway company or local authority 2[or of a servant of a corporation Court, where the disbursing officer of the employee is within the local limits of the Court’s jurisdiction,
engaged in any trade or industry which is established by a Central, Provincial or State Act, or a may order than the amount shall, subject to the provision of section 60, be withheld from such salary or
Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956)] the Court, allowances either in one payment or by monthly instalments as the Court may direct; and upon notice of
whether the judgment-debtor or the disbursing officer is or is not within the local limits of the Court’s the order to such disbursing officer, such disbursing officer shall remit to the court the amount due under
jurisdiction, may order that the amount shall, subject to the provisions of section 60, be withheld from the order, or the monthly instalments, as the case may be.
such salary or allowances either in one payment or by monthly instalments as the Court may direct; and
upon notice of the order to such officer as 3[the appropriate Government may by notification in the (2) Where the attachable portion of such salary or allowances is already being withheld or remitted to
Official Gazette] appoint 4[in this behalf,— the Court in pursuance of a previous and unsatisfied order of attachment, the disbursing officer shall
forthwith return the subsequent order to the Court issuing it with a full statement of all the particulars of
(a) where such salary or allowances are to be disbursed within the local limits to which this Code for the existing attachment.
the time being extends, the officer or other person whose duty it is to disburse the same shall withhold (3) Every order made under this rule, unless it is returned in accordance with the provisions of
and remit to the Court the amount due under the order, or the monthly instalments, as the case may be; sub-rule (2), shall, without further notice or other process, hind the employer while the judgment-
debtors, is within the local limits to which this Code for the time being extends and while he is beyond
(b) where such salary or allowances are to be disbursed beyond the said limits, the officer or other
those-limits, if he is in receipt of salary or allowances payable out of the funds of an employer in any part
person within those limits whose duty it is to instruct the disbursing authority regarding the amount of the of India, and the employer shall be liable for any sum paid in contravention of this rule.]
salary or allowances to be disbursed shall remit to the Court the amount due under the order, or the
monthly instalments, as the case may be, and shall direct the disbursing authority to reduce the aggregate 49. Attachment of partnership property.—(1) Save as otherwise provided by this rule, property
of the amounts from time to time, to be disbursed by the aggregate of the amounts from time to time belonging to a partnership shall not be attached or sold in execution of a decree other than a decree
remitted to the Court.] passed against the firm or against the partners in the firm as such.

(2) Where the attachable proportion of such salary or allowances is already being withheld and (2) The Court may, on the application of the holder of a decree against a partner, make an order
remitted to a Court in pursuance of a previous and unsatisfied order of attachment, the officer appointed charging the interest of such partner in the partnership property, and profits with payment of the amount due
by 5[the appropriate Government] in this behalf shall forthwith return the subsequent order to the Court under the decree, and may, by the same or a subsequent order, appoint a receiver of the share of such partner
in the profits (whether already declared or accruing) and of any other money which may be coming to him in
issuing it with a full statement of all the particulars of the existing attachment.
respect of the partnership, and direct accounts and inquiries and make an order for the sale of such interest or
other orders as might have been directed or made if a charge had been made in favour of the decree holder
by such partner, or as the circumstances of the case may require.
(3) The other partner or partners shall be at liberty at any time to redeem the interest charged or, in
1. Subs. by Act 5 of 1943, s. 3, for “public officer”. the case of a sale being directed, to purchase the same.
2. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).
3. Subs. by Act 25 of 1942, s. 3 and the second Sch., for “the Central Government or the Provincial Government may by
notification in the Official Gazette”. 1. Subs. by Act 104 of 1976, s. 72, for sub-rule (3) (w.e.f. 1-2-1977).
4. Subs. by Act 26 of 1939, s. 2, for certain words. 2. Subs. by s. 72, ibid., for Explanation (w.e.f. 1-2-1977).
5. Subs. by Act 25 of 1942, s. 3, and the Schedule, for “the Central Government or the Provincial Government, as the may be”. 3. Ins. by s. 72, ibid. (w.e.f. 1-2-1977).

163 164
 (4) Every application for an order under sub-rule (2) shall be served on the judgment-debtor and on (b) if the decree sought to be attached was passed by another Court, then by the issue to such
his partners or such of them as are within 1[India]. other Court of a notice by the Court which passed the decree sought to be executed, requesting such
other Court to stay the execution of its decree unless and until—
(5) Every application made by any partner of the judgment-debtor under sub-rule (3) shall be served
on the decree-holder and on the judgment-debtor, and on such of the other partners as do not join in the (i) the court which passed the decree sought to be executed cancels the notice, or
application and as are within1[India]. 1
[(ii) (a) the holder of the decree sought to be executed, or
(6) Service under sub-rule (4) or sub-rule (5) shall be deemed to be service on all the partners and all (b) his judgment-debtor with the previous consent in writing of such decree-holder, or with the
orders made on such applications shall be similarly served. permission of the attaching Court,
applies to the Court receiving such notice to execute the attached decree.]
50. Execution of decree against firm.—(1) Where a decree has been passed against a firm,
execution may be granted— (2) Where a Court makes an order under clause (a) of sub-rule (1), or receives an application under
sub-head (ii) of clause (b) of the said sub-rule, it shall, on the application of the creditor who has attached
(a) against any property of the partnership; the decree or his judgment-debtor, proceeds to execute the attached decree and apply the net proceeds in
satisfaction of the decree sought to be executed.
(b) against any person who has appeared in his own name under rule 6 or rule 7 of Order XXX or
who has admitted on the pleadings that he is, or who has been adjudged to be, a partner; (3) The holder of a decree sought to be executed by the attachment of another of decree the nature
specified in sub-rule (1) shall be deemed to be the representative of the holder of the attached decree and
(c) against any person who has been individually served as a partner with a summons and has to be entitled to execute such attached decree in any manner lawful for the holder thereof.
failed to appear:
(4) Where the property to be attached in the execution of a decree is a decree other than a decree of
Provided that nothing in this sub-rule shall be deemed to limit or otherwise affect the provisions of the nature referred to in sub-rule (1), the attachment shall be made, by a notice by the Court which passed
2
[section 30 of the Indian Partnership Act, 1932 (9 of 1932)]. the decree sought to be executed, to the holder of the decree sought to be attached, prohibiting him from
transferring or charging the same in any way, and, where such decree has been passed by any other Court,
(2) Where the decree-holder claims to be entitled to cause the decree to be executed against any also by sending to such other Court a notice to abstain from executing the decree sought to be attached
person other than such a person as is referred to in sub-rule (1), clauses (b) and (c), as being a partner in until such notice is cancelled by the Court from which it was sent.
the firm, he may, apply to the Court which passed the decree for leave, and where the liability is not
disputed, such court may grant such leave, or, where such liability is disputed, may order that the liability (5) The holder of a decree attached under this rule shall give the Court executing the decree such
of such person be tried and determined in any manner in which any issue in a suit may be tried and information and aid as may reasonably be required.
determined. (6) On the application of the holder of a decree sought to be executed by the attachment of another
(3) Where the liability of any person has been tried and determined under sub-rule (2), the order made decree, the Court making an order of attachment under this rule shall give notice of such order to the
thereon shall have the same force and be subject to the same conditions as to appeal or otherwise as if it judgment-debtor bound by the decree attached; and no payment or adjustment of the attached decree
were a decree. made by the judgment-debtor in contravention of such order 2[with knowledge thereof or] after receipt of
notice thereof, either through the Court or otherwise, shall be recognized by any Court so long as the
(4) Save as against any property of the partnership, a decree against a firm shall not lease, render liable attachment remains in force.
or otherwise affect any partner therein unless he has been served with a summons to appear and answer. 54. Attachment of immovable property.—(1) Where the property is immovable, the attachment
3
[(5) Nothing in this rule shall apply to a decree passed against a Hindu Undivided Family by virtue shall be made by an order prohibiting the judgment-debtor from transferring or charging the property in
of the provisions of rule 10 of Order XXX.] any way, and all persons from taking any benefit from such transfer of charge.
2
51. Attachment of negotiable instruments.—Where the property is a negotiable instrument not [(1A) The order shall also require the judgment-debtor to attend Court on a specified date to take
deposited in a Court, not in the custody of a public officer, the attachment shall be made by actual seizure, notice of the date to be fixed for settling the terms of the proclamation of sale.]
and the instrument shall be brought into Court and held subject to further orders of the Court. (2) The order shall be proclaimed at some place on or adjacent to such property by beat of drum or other
customary mode, and a copy of the order shall be affixed on a conspicuous part of the property and then
52. Attachment of property in custody of Court or public officer.—Where the property to be upon, a conspicuous part of the Court-house, and also, where the property is land paying revenue to the
attached is in the custody of any Court or public officer, the attachment shall be made by a notice to such Government, in the office of the Collector of the district in which the land is situate 2[and, where the property
Court or officer, requesting that such property, and any interest or dividend becoming payable thereon, is land situate in a village, also in the office of the Gram Panchayat, if any, having jurisdiction over that
may be held subject to the further orders of the Court from which the notice is issued: village.]
Provided that, where such property is in the custody of a Court, any question of title or priority 55. Removal of attachment after satisfaction of decree.—Where—
arising between the decree-holder and any other person, not being the judgment-debtor, claiming to be
interested in such property by virtue of any assignment, attachment or otherwise, shall be determined by (a) the amount decreed with costs and all charges and expenses resulting from the attachment of any
such Court. property are paid into Court, or
(b) satisfaction of the decree is otherwise made through the Court or certified to the Court, or
53. Attachment of decrees.—(1) Where the property to be attached is a decree, either for the
payment of money or for sale in enforcement of a mortgage or charge, the attachment shall be made,— (c) the decree is set aside or reversed,
(a) if the decrees were passed by the same Court, then by Order of such Court, and the attachment shall be deemed to be withdrawn, and, in the case of immovable property, the withdrawal
shall, if the judgment-debtor so desires, be proclaimed at his expense, and a copy of the proclamation
shall be affixed in the manner prescribed by the last preceding rule.
1. Subs. by Act 2 of 1951, s. 3, for “the States”.
2. Subs. by Act 104 of 1976, s. 72, for certain words (w.e.f. 1-2-1977). 1. Subs. by Act 104 of 1972, s. 72, for sub-clause (ii) (w.e.f. 1-2-1977).
3. Ins. by s. 72, ibid. (w.e.f. 1-2-1977). 2. Ins. by s. 72, ibid. (w.e.f. 1-2-1977).

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56. Order for payment of coin or currency notes to party entitled under decree.—Where the 64. Power to order property attached to be sold and proceeds to be paid to person entitled.—Any
property attached is current coin or currency notes, the Court may, at any time during the continuance of Court executing a decree may order that any property attached by it and liable to sale, or such portion
the attachment, direct that such coin or notes, or a part thereof sufficient to satisfy the decree, be paid over thereof as may see necessary to satisfy the decree, shall be sold, and that the proceeds of such sale, or a
to the party entitled under the decree to receive the same. sufficient portion thereof, shall be paid to the party entitled under the decree to receive the same.
1
[57. Determination of attachment.—(1) Where any property has been attached in execution of a
decree and the Court, for any reason, passes an order dismissing the application for the execution of the 65. Sales by whom conducted and how made.—save as otherwise prescribed, every sale in
decree, the Court shall direct whether the attachment shall continue or cease and shall also indicate the execution of a decree shall be conducted by an officer of the Court or by such other person as the Court
period up to which such attachment shall continue or the date on which such attachment shall cease. may appoint in this behalf, and shall be made by public auction in manner prescribed.
(2) If the Court omits to give such direction, the attachment shall be deemed to have ceased.] 66. Proclamation of sales by public auction.—(1) Where any property is ordered to be sold by
2
[Adjudication of claims and objections public auction in execution of a decree, the Court shall cause a proclamation of the intended sale to be
58. Adjudication of claims to or objections to attachment of, property.—(1) Where any claim is made in the language of such Court.
preferred to, or any objection is made to the attachment of, any property attached in execution of a decree
on the ground that such property is not liable to such attachment, the Court shall proceed to adjudicate (2) Such proclamation shall be drawn up after notice to the decree-holder and the judgment-debtor
upon the claim or objection in accordance with the provisions herein contained: and shall state the time and place of sale, and specify as fairly and accurately as possible—
Provided that no such, claim or objection shall be entertained—
(a) where, before the claim is preferred or objection is made, the property attached has already (a) the property to be sold 1[or, where a part of the property would be sufficient to satisfy the
been sold; or decree, such part];
(b) where the Court considers that the claim or objection was designedly or unnecessarily delayed.
(2) All questions (including questions relating to right, title or interest in the property attached) arising (b) the revenue assessed upon the estate or past of the estate, where the property to be sold is an
between the parties to a proceeding or their representatives under this rule and relevant to the adjudication of interest in an estate or in part of an estate paying revenue to the Government;
the claim or objection, shall be determined by the Court dealing with the claim or objection and not by a
separate suit. (c) any incumbrance to which the property is liable;
(3) Upon the determination of the questions referred to in sub-rule (2), the Court shall, in accordance (d) the amount for the recovery of which the sale is ordered; and
with such determination,—
(a) allow the claim or objection and release the property from attachment either wholly or to such (e) every other thing which the Court considers material for a purchaser to know in order to judge
extent as it thinks fit; or of the nature and value of the property:
(b) disallow the claim or objection; or
1
(c) continue the attachment subject to any mortgage, charge or other interest in favour of any [Provided that where notice of the date for settling the terms of the proclamation has been given to
person; or the judgment-debtor by means of an order under rule 54, it shall not be necessary to give notice under this
(d) pass such order as in the circumstances of the case it deems fit. rule to the judgment-debtor unless the Court otherwise directs:
(4) Where any claim or objection has been adjudicated upon under this rule, order made thereon shall
have the same force and be subject to the same conditions as to appeal or otherwise as if it were a decree. Provided further that nothing in this rule shall be construed as requiring the Court to enter in the
proclamation of sale its own estimate of the value of the property, but the proclamation shall include the
(5) Where a claim or an objection is preferred and the Court, under the proviso to sub-rule (I), refuses
estimate, if any, given, by either or both of the Parties.
to entertain it, the party against whom such order is made may institute a suit to establish the right which
he claims to the property in dispute; but, subject to the result of such-suit, if any, an order so refusing to
(3) Every application for an order for sale under this rule shall be accompanied by a statement signed
entertain the claim or objection shall be conclusive.
and verified in the manner hereinbefore prescribed for the signing and verification of pleadings and
59. Stay of sale.—Where before the claim was preferred or the objection was made, the property containing, so far as they are known to or can be ascertained by the person making the varification, the
attached had already been advertised for sale, the Court may— matters required by sub-rule (2) to be specified in the proclamation.
(a) if the property is movable, make an order postponing the sale pending the adjudication of the
claim or objection, or (4) For the purpose of ascertaining the matters to be specified in the proclamation, the Court may
(b) if the property is immovable, make an order that, pending the adjudication of the claim or summon any person whom it thinks necessary to summon and may examine him in respect to any such
objection, the property shall not be sold, or that pending such adjudication, the property may be sold matters and require him to produce any document in his possession or power relating thereto.
but the sale shall not be confirmed,
and any such order may be made subject to such terms and conditions as to security or otherwise as the 67. Mode of making proclamation.—(1) Every proclamation shall be made and published, as nearly
Court thinks fit.] as may be, in the manner prescribed by rule 54, sub-rule (2).
60. [Release of property from attachment.] Omitted by the Code of Civil Procedure (Amendment)
Act, 1976 (104 of 1976), s. 72 (w.e.f. 1-2-1977). (2) Where the Court so directs, such proclamation shall also be published in the Official Gazette or in
61. [Disallowance of claim to property attached.] omitted by s. 72, ibid. (w.e.f. 1-2-1977). a local newspaper, or in both, and the costs of such publication shall be deemed to be costs of the sale.
62. [Continuance of attachment subject to claim of incumbrancer.] omitted by s. 72, ibid. (w.e.f. 1-2-
1977). (3) Where property is divided into lots for the purpose of being sold separately, it shall not be necessary
63. [Saving of suits to establish right to attached property.] omitted by s. 72, ibid. (w.e.f. 1-2-1977).] to make a separate proclamation for each lot, unless proper notice of the sale cannot, in the opinion of the
Court, otherwise be given.

1. Subs. by Act 104 of 1976, s. 72, for rule 57 (w.e.f. 1-2-1977).

2. Subs. by s. 72, ibid., for the sub heading “Investigation of claims and objections” and for rules 58 to 63 (w.e.f. 1-2-1977). 1. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).

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 68. Time of sale.—Save in the case of property of the kind described in the proviso to rule 43, no sale (3) In other respects, the provisions of sub-rules (2) and (3) of rule 72 shall apply in relation to
hereunder shall, without the consent in writing of the judgment-debtor, take place until after the purchase by the decree-holder under that rule.]
expiration of at least 1[fifteen days] in the case of immovable property, and of at least 2[seven days] in the
case of movable property, calculated from the date on which the copy of the proclamation has been 73. Restriction on bidding or purchase by officers.—No officer or other person having any duty to
affixed on the court-house of the Judge ordering the sale. perform in connection with any sale shall, either directly or indirectly, bid for, acquire or attempt to
acquire any interest in the property sold.
69. Adjournment or stoppage of sale.—(1) The Court may, in its discretion, adjourn any sale
hereunder to a specified day and hour, and the officer conducting any such sale may in his discretion Sale of movable property
adjourn the sale, recording his reasons for such adjournment :
74. Sale of agricultural produce.—(1) Where the property to be sold is agricultural produce, the sale
Provided that, where the sale is made in, or within the precincts of, the court-house, no such shall be held,—
adjournment shall be made without the leave of the Court.
(a) if such produce is a growing crop, on or near the land on which such crop has grown, or
(2) Where a sale is adjourned under sub-rule (1) for a longer period than 3[thirty] days afresh
proclamation under rule 67 shall be made, unless the judgment-debtor consents to waive it. (b) if such produce has been cut or gathered, at or near-the threshing floor or place for trading out
(3) Every sale shall be stopped if, before the lot is knocked down, the debt and costs (including the grain or the like or fodder-stack on or in which it is deposited :
costs of the sale) are tendered to the officer conducting the sale, or proof is given to his satisfaction that Provided that the Court may direct the sale to be held at the nearest place of public resort, if it is of
the amount of such debt and costs has been paid into the Court which ordered the sale. opinion that the Produce is thereby likely to sell to greater advantage.
70. [Saving of certain sales.] Omitted by the Code of Civil Procedure (Amendment) Act, 1956 (66 of
1956), s. 14 (w.e.f. 1-1-1957). (2) Where, on the produce being put up for sale,—
71. Defaulting purchaser answerable for loss on re-sale.—Any deficiency of price which may (a) a fair price, in the estimation of the person holding the sale, is not offered for it, and
happen on a re-sale by reason of the purchaser's default, and all expenses attending such re-sale, shall be
certified to the Court 4*** by the officer or other person holding the sale, and shall, at the instance of (b) the owner of the produce or a person authorized to act in his behalf applies to have the sale
either the decree-holder or the judgment-debtor, be recoverable from the defaulting purchaser under the postponed till next day or, if a market is held at the place of sale, the next market-day,
provisions relating to the execution of a decree for the payment of money.
the sale shall be postponed accordingly and shall be then completed, whatever price may be offered for
72. Decree holder not to bid for or buy property without permission.—(1) No holder of a decree the produce.
in execution of which property is sold shall, without the express permission of the Court, bid for or
purchase the property. 75. Special provisions relating to growing crops.—(1) Where the property to be sold is a growing crop
and the crop from its nature admits of being stored but has not yet been stored, the day of the sale shall be so
(2) Where decree-holder purchases, amount of decree may be taken as payment.—Where a fixed as to admit of its being made ready for storing before the arrival of such day, and the sale shall not be
decree-holder purchases with such permission, the purchase-money and the amount due on the decree held until the crop has been cut or gathered and is ready for storing.
may, subject to the provisions of section 73, be set off against one another, and the Court executing the
decree shall enter up satisfaction of the decree in whole or in part accordingly. (2) Where the crop from its nature does not admit of being stored, it may be sold before it is cut and
gathered, and the purchaser shall be entitled to enter on the land, and to do all that is necessary for the
(3) Where a decree-holder purchases, by himself or through another person, without such permission, purpose of tending and cutting or gathering it.
the Court may, if it thinks fit, on the application of the judgment-debtor or any other person whose interests
are affected by the sale, by order set aside the sale; and the costs of such application and order, and any 76. Negotiable instruments and shares in corporations.—Where the property to be sold is a
deficiency of price which may happen on the re-sale and all expenses attending it, shall be paid by the decree- negotiable instrument or a share in a corporation, the Court may, instead of directing the sale to be made
holder. by public auction, authorized the sale of such instrument or share through a broker.
5
[72A. Mortgagee not to bid at sale without the leave of the Court.—(/) Notwithstanding anything 77. Sale by public auction.—(1) Where movable property is sold by public auction the price of each
contained in rule 72, a mortgagee of immovable property shall not bid for or purchase property sold in lot shall be paid at the time of sale or as soon after as the officer or other person holding the sale directs,
execution of a decree on the mortgage unless the Court grants him leave to bid for or purchase the property. and in default of payment the property shall forthwith be re-sold.
(2) If leave to bid is granted to such mortgagee, then the Court shall fix a reserve price as regards the
mortgagee, and unless the Court otherwise directs, the reserve price shall be— (2) On payment of the purchase-money, the officer or other person holding the sale shall grant a
receipt for the same, and the sale shall become absolute.
(a) not less than the amount then due for principal, interest and costs in respect of the mortgage if
the property is sold in one lot; and (3) Where the movable property to be sold is a share in goods belonging to the judgment-debtor and a
co-owner, and two or more persons, of whom one is such co-owner, respectively bid the same sum for
(b) in the case of any property sold in lots, not less than such sum as shall appear to the Court to such property or for any lot, the bidding shall be deemed to be the bidding of the co-owner.
be properly attributable to each lot in relation to the amount then due for principal, interest and costs
on the mortgage. 78. Irregularity not to vitiate sale, but any person injured may sue.—No irregularity in publishing
or conducting the sale of movable property shall vitiate the sale; but any person sustaining any injury by
reason of such irregularity at the hand of any other person may institute a suit against him for compensation
or (if such other person is the purchaser) for the recovery of the specific property and for compensation in
1. Subs. by Act 104 of 1976, s. 72, for “thirty days” (w.e.f. 1-2-1977). default of such recovery).
2. Subs. by s. 72, ibid., for “fifteen days” (w.e.f. 1-2-1977).
3. Subs. by s. 72, ibid., for “ seven days” (w.e.f. 1-2-1977). 79. Delivery of movable property, debts and shares.—(1) Where the property sold is movable
4. The words “or to the Collector or subordinate of the Collector, as the case may,” omitted by Act 66 of 1956, s. 14 (w.e.f. 1-1- property of which actual seizure has been made, it shall be delivered to the purchaser.
1957).
5. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).

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(2) Where the property sold is movable property in the possession of some person other than the 85. Time for payment in full of purchase money.—The full amount of purchase-money payable
judgment-debtor, the delivery thereof to the purchaser shall be made by giving notice to the person in shall be paid by the purchaser into Court before the Court closes on the fifteenth day from the sale of the
possession prohibiting him from delivering possession of the property to any person except the purchaser. property:
(3) Where the property sold is a debt not secured by a negotiable instrument, or is a share in a Provided that, in calculating the amount to be so paid into Court, the purchaser shall have the
corporation, the delivery thereof shall be made by a written order of the Court prohibiting the creditor advantage of any set-off to which he may be entitled under rule 72.
from receiving the debt or any interest thereon, and the debtor from making payment thereof to any
person except the purchaser, or prohibiting the person in whose name the share, may be standing from 86. Procedure in default of payment.—In default of payment within the period mentioned in the
making any transfer of the share to any person except the purchaser, or receiving payment of any last preceding rule, the deposit may, if the Court thinks fit, after defraying the expenses of the sale, be
dividend or interest thereon, and the manager, secretary or other proper officer of the corporation from forfeited to the Government, and the property shall be re-sold, and the defaulting purchaser shall forfeit
permitting any such transfer or making any such payment to any person except the purchaser. all claim to the property or to any part of the sum for which it may subsequently be sold.
80. Transfer of negotiable instruments and shares.—(1) Where the execution of a document or the 87. Notification on re-sale.—Every re-sale of immovable property, in default of payment of the
endorsement of the party in whose name a negotiable instrument or a share in a corporation is standing is purchase-money within the period allowed for such payment, shall be made after the issue of fresh
required to transfer such negotiable instrument or, share the Judge or such officer as he may appoint in proclamation in the manner and for the period hereinbefore prescribed for the sale.
this behalf may execute such document or make such endorsement as may be necessary, and such
execution or endorsement shall have the same effect as an execution or endorsement by the party. 88. Bid of co-sharer to have preference.—Where the property sold is a share of undivided
immovable property and two or more persons, of whom one is a co-sharer, respectively bid the same sum
(2) Such execution or endorsement may be in the following form, namely :— for such property or for any lot, the bid shall be deemed to be the bid of the co-sharer.
A. B. by C.D. Judge of the Court of (or as the case may be) , in a suit by E. F. against A.B. 89. Application to set aside sale on deposit.—(1) Where immovable property has been sold in
execution of a decree, 1[any person claiming an interest in the property sold at the time of the sale or at
(3) Until the transfer of such negotiable instrument or share, the Court may, by order, appoint some
person to receive any interest or dividend due thereon and to sign a receipt for the same; and any receipt the time of making the application, or acting for or in the interest of such person,] may apply to have the
so signed shall be as valid and effectual for all purposes as if the same had been signed by the party sale set aside on his depositing in Court,—
himself. (a) for payment to the purchaser, a sum equal to five per cent. of the purchase-money, and
81. Vesting order in case of other property.—In the case of any movable property not hereinbefore (b) for payment, to the decree-holder, the amount specified in the proclamation of sale as that for
provided for, the Court may make an order vesting such property in the purchaser or as he may direct; and the recovery of which the sale was ordered, less any amount which may, since the date of such
such property shall vest accordingly. proclamation of sale, have been received by the decree-holder.
Sale of immovable property (2) Where a person applies under rule 90 to set aside the sale of his immovable property, he shall not,
82. What Court may order sales.—Sales of immovable property in execution of decrees may be unless he withdraws his application, be entitled to make or prosecute an application under this rule.
ordered by any Court other than a Court of Small Causes. (3) Nothing in this rule shall relieve the judgment-debtor from any liability he may be under in
83. Postponement of sale to enable judgment-debtor to raise amount of decree.—(1) Where an respect of costs and interest not covered by the proclamation of sale.
order for the sale of immovable property has been made, if the judgment-debtor can satisfy the Court that 2
[90. Application to set aside sale on ground of irregularity or fraud.—(1) Where any immovable
there is reason to believe that the amount of the decree may be raised by the mortgage or lease or private property has been sold in execution of a decree, the decree-holder, or the purchaser, or any other person
sale of such property, or some part thereof, or of any other immovable property of the judgment-debtor, entitled to share in a rateable distribution of assets, or whose interests are affected by the sale, may apply to
the Court may, on his application, postpone the sale of the property comprised in the order for sale on the Court to set aside the sale on the ground of a material irregularity or fraud in publishing or conducting it.
such terms and for such period as it thinks proper, to enable him to raise the amount.
(2) No sale shall be set aside on the ground of irregularity or fraud in publishing or conducting it
(2) In such case the Court shall grant a certificate to the judgment-debtor authorizing him within a unless, upon the facts proved, the Court is satisfied that the applicant has sustained substantial injury by
period to be mentioned therein, and notwithstanding anything contained in section 64, to make the reason of such irregularity or fraud.
proposed mortgage, lease or sale:
(3) No application to set aside a sale under this rule shall be entertained upon any ground which the
Provided that all moneys payable under such mortgage, lease or sale shall be paid, not to the applicant could have taken on or before the date on which the proclamation of sale was drawn up.
judgment-debtor, but, save in so far as a decree-holder is entitled to set-off such money under the
provisions of rule 72, into Court: Explanation.—The mere absence of, or defect in, attachment of the property sold shall not, by itself,
be a ground for setting aside a sale under this rule.]
Provided also that not mortgage, lease or sale under this rule shall become absolute until it has been
confirmed by the Court. 91. Application by purchaser to set aside sale on ground of judgment-debtor having no saleable
interest.—The purchaser at any such sale in execution of a decree may apply to the Court to set aside the
(3) Nothing in this rule shall be deemed to apply to a sale of property directed to be sole in execution
sale, on the ground that the judgment-debtor had no saleable interest in the property sold.
of a decree for sale in enforcement of a mortgage of, or charge on, such property.
92. Sale when to become absolute or be set aside.—(1) Where no application is made under rule 89,
84. Deposit by purchaser and re-sale on default.—(1) On every sale of immovable property the rule 90 or rule 91, or where such application is made and disallowed, the Court shall make an order
person declared to be the purchaser shall pay immediately after such declaration a deposit of twenty-five
confirming the sale, and thereupon the sale shall become absolute:
per cent. on the amount of his purchase-money to the officer or other person conducting the sale, and in
default of such deposit, the property shall forthwith be re-sold.
(2) Where the decree-holder is the purchaser and is entitled to set-off the purchase-money under rule
1. Subs. by Act 104 of 1976, s. 72, for certain words (w.e.f. 1-2-1977).
72, the Court may dispense with the requirements of this rule. 2. Subs. by s. 72, ibid., for rule 90 (w.e.f. 1-2-1977).

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 1 1
[Provided that, where any property is sold in execution of a decree pending the final disposal of any [98. Orders after adjudication.—(1) Upon the determination of the questions referred to in rule
claim to, or any objection to the attachment of, such property, the Court shall not confirm such sale until 101, the Court shall, in accordance with such determination and subject to the provisions of sub-rule
the final disposal of such claim or objection.] (2),—
(2) Where such application is made and allowed, and where, in the case of an application-under rule (a) make an order allowing the application and directing that the applicant be put into the
89, the deposit required by that rule is made within 2[sixty days] from the date of sale, 3[or in cases where possession of the property or dismissing the application; or
the amount deposited under rule 89 is found to be deficient owing to any clerical or arithmetical mistake (b) pass such other order as, in the circumstances of the case, it may deem fit.
on the part of the depositor and such deficiency has been made good within such time as may be fixed by
(2) Where, upon such determination, the Court is satisfied that the resistance or obstruction was
the Court, the Court shall make an order setting aside the sale]:
occasioned without any just cause by the judgment-debtor or by some other person at his instigation or on
Provided that no order shall be made unless notice of the application has been given to all persons his behalf, or by any transferee, where such transfer was made during the pendency of the suit or
affected thereby: execution proceeding, it shall direct that the applicant be put into possession of the property, and where
4
[Provided further that the deposit under this sub-rule may be made within sixty days in all such cases the applicant is still resisted or obstructed in obtaining possession, the Court may also, at the instance of
where the period of thirty days, within which the deposit had to be made, has not expired before the the applicant, order the judgment-debtor, or any person acting at his instigation or on his behalf, to be
commencement of the Code of Civil Procedure (Amendment) Act, 2002. detained in the civil prison for a term which may extend to thirty days.
(3) No suit to set aside an order made under this rule shall be brought by any person against whom 99. Dispossession by decree-holder or purchaser.—(1) Where any person other than the judgment-
such order is made. debtor is dispossessed of immovable property by the holder of a decree for the possession of such
5
[(4) Where a third party challenges the judgment-debtor’s title by filing a suit against the auction- property or, where such property has been sold in execution of a decree, by the purchaser thereof, he may
purchaser, the decree-holder and the judgment-debtor shall be necessary parties to the suit. make an application to the Court complaining of such dispossession.
(5) If the suit referred to in sub-rule (4) is decreed, the Court shall direct the decree-holder to refund (2) Where any such application is made, the Court shall proceed to adjudicate upon the application in
the money to the auction-purchaser, and where such an order is passed the execution proceeding in which accordance with the provisions herein contained.
the sale had been held shall, unless the Court otherwise directs, be revived at the stage at which the sale
100. Order to be passed upon application complaining of dispossession.—Upon the determination of
was ordered].
the questions referred to in rule 101, the Court shall, in accordance with such determination,—
93. Return of purchaser-money in certain cases.—Where a sale of immovable property is set aside
(a) make an order allowing the application and directing that the applicant be put into the
under rule 92, the purchaser shall be entitled to an order for repayment of his purchase-money, with or
possession of the property or dismissing the application; or
without interest as the Court may direct, against any person to whom it has been paid.
94. Certificate to purchaser.—Where a sale of immovable property has become absolute, the Court (b) pass such other order as, in the circumstances of the case, it may deem fit.
shall grant a certificate specifying the property sold and the name of the person who at the time of sale is 101. Question to be determined.—All questions (including questions relating to right, title or
declared to be the purchaser. Such certificate shall bear date the day on which the sale became absolute. interest in the property) arising between the parties to a proceeding on an application under rule 97 or rule
95. Delivery of property in occupancy of judgment-debtor—Where the immovable property sold 99 or their representatives, and relevant to the adjudication of the application, shall be determined by the
is in the occupancy of the judgment-debtor or of some person on his behalf or of some person claiming Court dealing with the application and not by a separate suit and for this purpose, the Court shall,
under a title created by the judgment-debtor subsequently to the attachment of such property and a notwithstanding anything to the contrary contained in any other law for the time being in force, be
certificate in respect thereof has been granted under rule 94, the Court shall, on the application of the deemed to have jurisdiction to decide such questions.
purchaser, order delivery to be made by putting such purchaser or any person whom he may appoint to 102. Rules not applicable to transferee lite pendente.—Nothing in rules 98 and 100 shall apply to
receive delivery on his behalf in possession of the property, and, if need be, by removing any person who resistance or obstruction in execution of a decree for the possession of immovable property by a person to
refuses to vacate the same. whom the judgement-debtor has transferred the property after the institution of the suit in which the
96. Delivery of property in occupancy of tenant.—Where the property sold is in the occupancy of a decree was passed or to the dispossession of any such person.
tenant or other person entitled to occupy the same and a certificate in respect thereof has been granted Explanation.—In this rule, “transfer” includes a transfer by operation of law.
under rule 94, the Court shall, on the application of the purchaser, order delivery to be made by affixing a 103. Orders to be treated as decrees.—Where any application has been adjudicated upon under rule
copy of the certificate of sale in some conspicuous place on the property, and proclaiming to the occupant 98 or rule 100, the order made thereon shall have the same force and be subject to the same conditions as
by beat of drum or other customary mode, at some convenient place, that the interest of the judgment- to an appeal or otherwise as if it were a decree.]
debtor has been transferred to the purchaser. 2
[104. Orders under rule 101 or rule 103 to be subject to the result or pending suit.—Every order
Resistance of delivery of possession to decree-holder or purchaser made under rule 101 or rule 103 shall subject to the result of any suit that may be pending on the date of
97. Resistance or obstruction to possession of immovable property.—(1) Where the holder of a commencement of the proceeding in which such order, is made if in such suit the party against whom the
decree for the possession of immovable property or the purchaser of any such property sold in execution order under rule 101 or rule 103 is made has sought to establish a right which he claims to the present
of a decree is resisted or obstructed by any person in obtaining possession of the property, he may make possession of the property.
an application to the Court complaining of such resistance or obstruction. 105. Hearing of application.—(1) The Court, before which an application under any of the
6
[(2) Where any application is made under sub-rule (1), the Court shall proceed to adjudicate upon the foregoing rules of this Order is pending, may fix a day for the hearing of the application.
application in accordance with the provisions herein contained.]
(2) Where on the day fixed or on any other day to which the hearing may be adjourned the applicant
does not appear when the case is called on for hearing, the Court may make an order that the application
1. Added by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).
2. Subs. by Act 22 of 2002, s. 14, for “thirty days” (w.e.f. 1 -7-2002).
be dismissed.
3. Subs. by Act 104 of 1976, s. 72, for “the Court shall make an order setting aside the sale” (w.e.f. 1-2-1977).
4. Ins. by Act 22 of 2002, s. 14 (w.e.f. 1 -7 -2002).
5. In s. b y Ac t 104 o f 1976, s . 72 ( w. e. f 1 -2 -1977). 1. Subs. by Act 104 of 1976, s. 72, for rules 98 to 103 (w.e.f. 1-2-1977).
6. Subs. by s. 72, ibid., for sub-rule (2) (w.e.f. 1-2-1977). 2. Ins. by s. 72, ibid. (w.e.f. 1-2-1977).

173 174

1
(3) Where the applicant appears and the opposite party to whom the notice has been issued by the [(4) The Court whenever it thinks fit, may exempt the plaintiff from the necessity of substituting the
Court does not appear, the Court may hear the application ex parte and pass such order as it thinks fit. legal representatives of any such defendant who has failed to file a written statement or who, having filed
Explanation.—An application referred to in sub-rule (1) includes a claim or objection made under it, has failed to appear and contest the suit at the hearing; and judgment may, in such case, be pronounced
rule 58. against the said defendant notwithstanding the death of such defendant and shall have the same force and
effect as if it has been pronounced before death took place.
106. Setting aside orders passed ex parte, etc.—(1) The applicant, against whom an order is made
under sub-rule (2) rule 105 or the opposite party against whom an order is passed ex parte under sub-rule (5) Where—
(3) of that rule or under sub-rule (1) of rule 23, may apply to the Court to set aside the order, and if he
(a) the plaintiff was ignorant of the death of a defendant, and could not, for that reason, make an
satisfies the Court that there was sufficient cause for his non-appearance whom the application was called
application for the substitution of the legal representative of the defendant under this rule within the
on for hearing, the Court shall set aside the order or such terms as to costs or otherwise as it thinks fit, and
period specified in the Limitation Act, 1963 (36 of 1963), and the suit has, in consequence, abated, and
shall appoint a day for the further hearing of the application.
(2) No order shall be made on an application under sub-rule (1) unless notice of the application has (b) the plaintiff applies after the expiry of the period specified therefore in the Limitation Act,
been served on the other party. 1963 (36 of 1963), for setting aside the abatement and also for the admission of that application under
section 5 of that Act on the ground that he had, by reason of such ignorance, sufficient cause for not
(3) An application under sub-rule (1) shall be made within thirty days from the date of the order, or making the application with the period specified in the said Act,
where, in the case of an ex parte order, the notice was not duly served, within thirty days from the date
when applicant had knowledge of the order.] the Court shall, in considering the application under the said section 5, have due regard to the fact of such
STATE AMENDMENT ignorance, if proved.]
2
Uttar Pradesh [4A. Procedure where there is no legal representative.—(1) If, in any suit, it shall appear to the Court
that any party who has died during the pendency of the suit has no legal representative, the Court may, on the
Amendment of Order XXI.— In the First Schedule, in Order XXI, rule 104, rule 105
application of any party to the suit, proceed in the absence of a person representing the estate of the deceased
and rule 106 as inserted by Allahabad High Court shall be re-numbered as rule 106-A, person, or may be order appoint the Administrator-General, or an officer of the Court or such other person as it
rule 106-B and rule 106-C respectively. thinks fit to represent the estate of the deceased person for the purpose of the suit; and any judgment or order
subsequently given or made in the suit shall bind the estate of the deceased person to the same extent as he
[Vide Uttar Pradesh Act 57 of 1976, s. 10] would have been bound if a personal representative of the deceased person had been a party to the suit.
ORDER XXII
(2) Before making an order under this rule, the Court—
Death, Marriage and Insolvency or Parties
(a) may require notice of the application for the order to be given to such (if any) of the persons
1. No abatement by party's death if right to sue survives.—The death of a plaintiff or defendant having an interest in the estate of the deceased person as it thinks fit; and
shall not cause the suit to abate if the right to sue survives.
2. Procedure where one of several plaintiffs or defendants dies and right to sue survives.— (b) shall as certain that the person proposed to be appointed to represent the estate of the deceased
Where there are more plaintiffs or defendants than one, and any of them dies, and where the right to sue person is willing to be so appointed and has no interest adverse to that of the deceased person.]
survives to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants 5. Determination of question as to legal representative.—Where a question arises as to whether
alone, the Court shall cause an entry to the effect to be made on the record,. and the suit shall proceed at any person is or is not the legal representative of a deceased plaintiff or a deceased defendant, such
the instance of the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants. question shall be determined by the Court:
3. Procedure in case of death of one of several plaintiffs or of sole plaintiff.—(1) Where one of two 1
[Provided that where such question arises before an Appellate Court, that Court may, before
or more plaintiffs dies and the right to sue does not survive to the surviving plaintiff or plaintiffs alone, or a determining the question, direct any subordinate Court to try the question and to return the records
sole plaintiff or sole surviving plaintiff dies and the right to the sue survives, the Court, on an application together with evidence, if any, recorded at such trial, its findings and reasons therefor, and the Appellate
made in that behalf, shall cause the legal representative of the deceased plaintiff to be made a party and shall Court may take the same into consideration in determining the question.]
proceed with the suit.
(2) Where within the time limited by law no application is made under sub-rule (1), the suit shall 6. No abatement by reason of death after hearing.—Notwithstanding anything contained in the
abate so far as the deceased plaintiff is concerned, and, on the application of the defendant, the Court may foregoing rules, whether the cause of action survives or not, there shall be no abatement by reason of the
award to him the costs which he may have incurred in defending the suit, to be recovered from the estate death of either party between the conclusion of the hearing and the pronouncing of the judgment, but
of the deceased plaintiff. 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.
4. Procedure in case of death of one of several defentlants or of sole defendant.—(1) Where one
of two or more defendants dies and the right to sue does not survive against the surviving defendant or 7. Suit not abated by marriage of female party.—(1) The marriage of a female plaintiff or
defendants alone or a sole defendant or sole surviving defendant dies and the right to sue survives, the defendant shall not cause the suit to abate, but the suit may notwithstanding be proceeded with the
Court, on an application made in that behalf, shall cause the legal representative of the deceased judgment, and, where the decree is against a female defendant, it may be executed against her alone.
defendants to be made a party and shall proceed with the suit.
(2) Where the husband is by law liable for the debts of his wife, the decree may, with the permission
(2) Any person so made a party may make any defence appropriate to his character as legal of the Court, be executed against the husband also; and, in case of judgment for the wife, execution of the
representative of the deceased defendant.
(3) Where within the time limited by law no application is made under sub-rule (1), the suit shall
abate as against the deceased defendant. 1. Ins. by Act 104 of 1976, s. 73 (w.e.f. 1-2-1977).
2. Ins. by Act 104 of 1976, s. 73 (w.e.f. 1-2-1977).

175 176
decree may, with such permission, be issued upon the application of the husband, where the husband is by (2) An application for leave under the proviso to sub-rule (1) shall be accompanied by an affidavit
law entitled to the subject-matter of the decree. of the next friend and also, if the minor or such other person is represented by a pleader, by a certificate of
8. When plaintiff's insolvency bars suit.—(1) The insolvency of a plaintiff in any suit which the the pleader to the effect that the abandonment proposed is, in his opinion, for the benefit of the minor or
assignee or receiver might maintain for the benefit of his creditors, shall not cause the suit to abate, unless such other person.
such assignee or receiver declines to continue the suit or (unless for any special reason the Court (3) Where the Court is satisfied,—
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 (a) that a suit must fail by reason of some formal defect, or
receiver neglects or refuses to continue the suit and to give such security within the time so ordered, the (b) that there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the
defendant may apply for the dismissal of the suit on the ground of the plaintiff's insolvency, and the Court subject matter of suit or part of a claim,
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. It may, on such terms as it thinks fit grant the plaintiff permission to withdraw from such suit or such part
of the claim with liberty to institute a fresh suit in respect of the subject-matter of such suit or such part of
9. Effect of abatement or dismissal.—(1) Where a suit abates or is dismissed under this Order, no the claim.
fresh suit shall be brought on the same cause of action.
(4) Where the plaintiff—
(2) The plaintiff or the person claiming to be the legal representative of a deceased plaintiff or the
(a) abandons any suit or part of claim under sub-rule (1), or
assignee or the receiver in the case of an insolvent plaintiff may apply for an order to set aside the abatement
or dismissal; and if it is proved that he was prevented by any sufficient cause from continuing the suit, the (b) withdraws from a suit or part of a claim without the permission referred to in sub-rule (3),
Court shall set aside the abatement or dismissal upon such terms as to costs or otherwise as it thinks fit. he shall be liable for such costs as the Court may award and shall be precluded from instituting any fresh
(3) The provisions of Section 5 of the 1[Indian Limitation Act, 1877 (15 of 1877)] shall apply to suit in respect of such subject-matter or such part of the claim.
applications under sub-rule (2). (5) Nothing in this rule shall be deemed to authorise the Court to permit one of several plaintiffs to
2
[Explanation.—Nothing in this rule shall be construed as barring, in any later suit, a defence based abandon a suit or part of a claim under sub-rule (1), or to withdraw, under sub-rule (3), any suit or part of
on the facts which constituted the cause of action in the suit which had abated or had been dismissed a claim, without the consent of the other plaintiff.]
under this Order.] 1
[1A.When transposition of defendants as plaintiffs may be permitted.—Where a suit is
10. Procedure in case of assignment before final order in suit.—(1) In other cases of an withdrawn or abandoned by a plaintiff under rule 1, and a defendant applies to be transposed as a plaintiff
under rule 10 of Order I the Court shall, in considering such application, have due regard to the question
assignment, creation or devolution of any interest during the pendency of a suit, the suit may, by leave of
whether the applicant has a substantial question to be decided as against any of the other defendants.]
the Court, be continued by or against the person to or upon whom such interest has come or devolved.
2. Limitation law not affected by first suit.—In any fresh suit instituted on permission granted
(2) The attachment of a decree pending an appeal therefrom shall be deemed to be an interest entitling under the last preceding rule, the plaintiff shall be bound by the law of limitation in the same manner as if
the person who procured such attachment to the benefit of sub-rule (1). the first suit had not been instituted.
2
[10A. Duty of pleader to communicate to Court death of a party.—Wherever a pleader 3. Compromise of suit.—Where it is proved to the satisfaction of the Court that a suit has been
appearing for a party to the suit comes to know of the death of that party, he shall inform the Court about adjusted wholly or in part by any lawful agreement or compromise 1[in writing and signed by the parties]
it, and the Court shall thereupon give notice of such death to the other party, and, for this purpose, the or where the defendant satisfied the plaintiff in respect to the whole or any part of the subject-matter of
contract between the pleader and the deceased party shall be deemed to subsist.] the suit, the Court shall order such agreement, compromise or satisfaction to be recorded, and shall pass a
11. Application of Order to appeals.—In the application of this Order to appeals, so far as may be, decree in accordance therewith 2[so far as it relates to the parties to the suit, whether or not the subject-
matter of the agreement, compromise or satisfaction is the same as the subject-matter of the suit:]
the word “Plaintiff” shall be held to include an appellant, the word “defendant” a respondant, and the
word “suit”an appeal. 1
[Provided that where it is alleged by one party and denied by the other that an adjustment or
satisfaction has been arrived at, the Court shall decide the question; but not adjournment shall be granted
12. Application of Order to proceedings.—Nothing in rules 3, 4 and 8 shall apply to proceedings in for the purpose of deciding the question, unless the Court, for reasons to be recorded, thinks fit to grant
execution of a decree or order. such adjournment.]
ORDER XXIII 1
[Explanation.— An agreement or compromise which is void or voidable under the Indian Contract
Withdrawal and Adjustment of Suits Act, 1872 (9 of 1872), shall not he deemed to be lawful within the meaning of this rule.]
3
[1. Withdrawal of suit or abandonment of part of claim.—(1) At any time after the institution 1
[3A. Bar to suit.—No suit shall lie to set aside a decree on the ground that the compromise on which
of a suit, the plaintiff may as against all or any of the defendants abandon his suit or abandon a part of the decree is based was not lawful.
his claim:
3B. No agreement or compromise to be entered in a representative suit without leave of
Provided that where the plaintiff is a minor or other person to whom the provisions contained in Court.—(1) No agreement or compromise in a representative suit shall be entered into without the leave
rules 1 to 14 of Order XXXII extend, neither the suit nor any part of the claim shall be abandoned without of the Court expressly recorded in the proceedings; and any such agreement or compromise entered into
the leave of the Court. without the leave of the Court as recorded shall be void.
(2) Below granting such leave, the Court shall give notice in such manner as it may think fit to such
persons is as may appear to it to be interested in the suit.
1. See now the Limitation Act, 1973 (36 of 1963), ss. 4 and 5.
2. Ins. by Act 104 of 1976, s. 73 (w.e.f 1-2-1977). 1. Ins. by Act 104 of 1976, s. 74 (w.e.f. 1-2-1977).
3. Subs. by s. 74, ibid., for rule 1 (w.e.f. 1-2-1977). 2. Subs. by s. 74, ibid., for certain words (w.e.f. 1-2-1977).

177 178

Explanation.—In this rule, “representative suit” means,— recorded, to give within the time fixed by it security for the payment of all costs incurred and likely to be
(a) a suit under Section 91 or Section 92, incurred by any defendant:

(b) a suit under rule 8 of Order I, Provided that such an order shall be made in all cases in which it appears to the Court that a sole
plaintiff is, or (when there are more plaintiffs than one) that all the plaintiffs are, residing out of India and
(c) a suit in which the manager of an undivided Hindu family sues or is sued as representing the that such plaintiff does not possess or that no one of such plaintiffs possesses any sufficient immovable
other members of the family, property within India other than the property in suit.
(d) any other suit in which the decree passed may, by virtue of the provisions of this Code or of
any other law for the time being in force, bind any person who is not named as party to the suit.]
(2) Whoever leaves India under such circumstances as to afford reasonable probability that he will
4. Proceedings in execution of decrees not affected.—Nothing in this Order shall apply to any not be forthcoming whenever he may be called upon to pay costs shall be deemed to be residing out of
proceedings in execution of a decree or order. India within the meaning of the proviso to sub-rule (1)].
ORDER XXIV 2. Effect of failure to furnish security.—(1) In the event of such security not being furnished within
the time fixed, the Court shall make an order dismissing the suit unless the plaintiff or plaintiffs are
Payment into Court
permitted to withdraw therefrom.
1. Deposit by defendant of amount in satisfaction of claim.—The defendant in any suit to recover a
(2) Where a suit is dismissed under this rule, the plaintiff may apply for an order to set the dismissal
debt or damages may, at any stage of the suit, deposit in Court such sum of money as he considers a aside and, if it is proved to the satisfaction of the Court that he was prevented by any sufficient cause from
satisfaction in full of the claim. furnishing the security within the time allowed, the Court shall set aside the dismissal upon such terms as
2. Notice of deposit.—Notice of the deposit shall be given through the Court by the defendant to the to security; costs or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit.
plaintiff, and the amount of the deposit shall (unless the Court otherwise directs) be paid to the plaintiff (3) The dismissal shall not be set aside unless notice of such application has been served on the
on his application. defendant.
3. Interest on deposit not allowed to plaintiff after notice.—No interest shall be allowed to the ORDER XXVI
plaintiff on any sum deposited by the defendant from the date of the receipt of such notice, whether the COMMISSIONS
sum deposited is in full of the claim or falls short thereof.
Commissions to examine witnesses
4. Procedure where plaintiff accepts deposit as satisfaction in part.—(1) Where the plaintiff
accepts such amount as satisfaction in part only of his claim, he may prosecute his suit for the balance; 1. Cases in which Court may issue commission to examine witness.—Any Court may in any suit
and, if the Court decides that the deposit by the defendant was a full satisfaction of the plaintiff's claim, issue a commission for the examination on interrogatories or otherwise of any person resident within the
the plaintiff shall pay the costs of the suit incurred after the deposit and the costs incurred previous local limits of its jurisdiction who is exempted under this Code from attending the Court or who is from
thereto, so far as they were caused by excess in the plaintiff's claim. sickness or infirmity unable to attend it:
1
(2) Procedure where he accepts it as satisfaction in full.—Where the plaintiff accepts such amount as [Provided that a commission for examination on interrogatories shall not be issued unless the
satisfaction in full of his claim, he shall present to the Court a statement to that effect, and such statement Court, for reasons to be recorded, thinks it necessary so to do.
shall be filed and the Court shall pronounce judgment accordingly; and, in directing by whom the costs of Explanation.—The Court may, for the purpose of this rule, accept a certificate purporting to be
each party are to be paid, the Court shall consider which of the parties is most to blame for the litigation. signed by a registered medical practitioner as evidence of the sickness or infirmity of any person, without
Illustrations calling the medical practitioner as a witness.]
(a) A owes B Rs. 100. B. sues A for the amount, having made no demand for payment and having no reason to believe 2. Order for commission.—An order for the issue of a commission for the examination of a witness
that the delay caused by making a demand would place him at a disadvantage. On the plaint being filed, A pays the money into may be made by the Court either of its own motion or on the application, supported by affidavit or
Court, B accepts it in full satisfaction of his claim, but the Court should not allow him any costs, the litigation being presumably otherwise, of any party to the suit or of the witness to be examined.
groundless on his part.
(h) B sues A under the circumstances mentioned in illustration (a). On the plaint being filed, A disputes the claim
3. Where witness resides within Court’s jurisdiction.—A commission for the examination of a
Afterwards A pays the money into Court. B accepts in full satisfaction of his claim. The Court should also give B his cast of suit. person who resides within the local limits of the jurisdiction of the Court issuing the same may be issued
A's conduct having shown that the litigation was necessary. to any person whom the Court thinks fit to execute it.
(c) A owes B Rs. 100, and is willing to pay him that sum without suit.- B claims Rs. 150 and sues A for that amount. On the plaint 4. Persons for whose examination commission may issue.—(1) Any Court may in any suit issue a
being filed, A pays Rs. 100 into Court and disputes only his liability to pay the remaining Rs. 50. B accepts the Rs. 100 in full satisfaction of commission 2[for the examination on interrogatories or otherwise of—]
his claim. The Court should order him to pay A's costs.
(a) any person resident beyond the local limits of its jurisdiction;
ORDER XXV
(b) any person who is about to leave such limits before the date on which he is required to be
Security for Costs
examined in Court; and
1
[1. When security for costs may be required from plaintiff.—(1) At any stage of a suit, the Court
may, either of its own motion or on the application of any defendant, order the plaintiff, for reasons to be

1. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977).

1. Subs. by Act 66 of 1956, s. 14, for rule 1 (w.e.f. 1-1-1957). 2. Subs. by s. 75, ibid., for “for the examination of” (w.e.f. 1-2-1977).

179 180
 (c) 1[any person in the service of the Government] who cannot in the opinion of the Court, attend Provided that, where the State Government has made rules as to the persons to whom such
without detriment to the public service: commission shall be issued, the Court shall be bound by such rules.
1
[Provided that where, under rule 19 of Order XVI, a person cannot be ordered to attend a Court in 10. Procedure of Commissioner.—(1) The Commissioner, after such local inspection as he deems
person, a commission shall be issued for his examination if his evidence is considered necessary in the necessary and after reducing to writing the evidence taken by him, shall return such evidence, together
interests of justice: with his report in writing signed by him, to the Court.
(2) Report and depositions to be evidence in suit. Commissioner may be examined in person.—The
Provided further that a commission for examination of such person on interrogatories shall not be
issued unless the Court, for reasons to be recorded, thinks it necessary so to do.] report of the Commissioner and the evidence taken by him (but not the evidence without the report) shall be
evidence in the suit and shall form part of the record; but the Court or, with the permission of the Court, any of the
(2) Such commission may be issued to any Court, not being a High Court, within the local limits of parties to the suit may examine the Commissioner personally in open Court touching any of the matters
whose jurisdiction such person resides, or to any pleader or other person whom the Court issuing the referred to him or mentioned in his report, or as to his report, or as to the manner in which he has made
commission may appoint. the investigation.
(3) The Court on issuing any commission under this rule shall direct whether the commission shall be (3) Where the Court is for any reason dissatisfied with the proceedings of the Commissioner, it may
returned to itself or to any subordinate Court. direct such further inquiry to be made as it shall think fit.
1
2
[4A. Commission for examination of any person resident within the local limits of the [Commissions for scientific investigation, performance of ministerial act and sale of movable
jurisdiction of the Court.—Notwithstanding anything contained in these rules, any court may, in the property
interest of justice or for the expeditious disposal of the case or for any other reason, issue commission in 10A. Commission for scientific investigation.—(1) Where any question arising in a suit involves any
any suit for the examination, on interrogatories or otherwise, of any person resident within the local limits scientific investigation which cannot, in the opinion of the Court, be conveniently conducted before the
of its jurisdiction, and the evidence so recorded shall be read in evidence.] Court, the Court may, if it thinks it necessary or expedient in the interests of justice so to do, issue a
5. Commission or request to examine witness not within India.—Where any Court to which commission to such person as it thinks fit, directing him to inquire into such question and report thereon to
application is made for the issue of a commission for the examination of a person residing at any place the Court.
not within 3[India] is satisfied that the evidence of such person is necessary, the Court may issue such (2) The provisions of rule 10 of this Order shall, as far as may be, apply in relation to a Commissioner
commission or a letter of request. appointed under this rule as they apply in relation to a Commissioner appointed under rule 9.
6. Court to examine witness pursuant to Commission.—Every Court receiving a commission for 10B. Commission for performance of a ministerial act.—(1) Where any question arising in a suit
the examination of any person shall examine him or cause him to be examined pursuant thereto. involves the performance of any ministerial act which cannot, in the opinion of the Court, be conveniently
performed before the Court, the Court may, if for reasons to be recorded, it is of opinion that it is
7. Return of commission with depositions of witnesses.—Where a commission has been duly necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks
executed, it shall be returned, together with the evidence taken under it, to the Court from which it was fit, directing him to perform that ministerial act and report thereon to the Court.
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 (2) The provisions of rule 10 of this Order shall apply in relation to a commissioner appointed under
taken under it shall 4[(subject to the provisions of rule 8)] from part of the record of the suit. this rule as they apply in relation to a Commissioner appointed under rule 9.
8. When depositions may be read in evidence.—Evidence taken under a commission shall not be 10C. Commission for the sale of movable property.—(1) Where, in any suit, it becomes necessary
read as evidence in the suit without the consent of the party against whom the same is offered, unless— to sell any movable property which is in the custody of the Court pending the determination of the suit
and which cannot be conveniently preserved, the Court may, if, for reasons to be recorded, it is of opinion
(a) the person who gave the evidence is beyond the jurisdiction of the Court, or dead or unable that it is necessary or expedient in the interests of justice so to do, issue a commission to such person as it
from sickness or infirmity to attend to be personally examined, or exempted from personal thinks fit, directing him to conduct such sale and report thereon to the Court.
appearance in Court, or is a 5[person in the service of the Government] who cannot, in the opinion of
(2) The provisions of rule 10 of this Order shall apply in relation to a Commissioner appointed under
the Court, attend without detriment to the public service, or
this rule as they apply in relation to a Commissioner appointed under rule 9.
(b) the Court in its discretion dispenses with the proof of any of the circumstances mentioned in (3) Every such sale shall be held, as far as may be, in accordance with the procedure prescribed for
clause (a)and authorizes the evidence of any person being read as evidence in the suit, notwithstanding the sale of movable property in execution of a decree.]
proof that the cause for taking such evidence by commission has ceased at the time of reading the same.
Commissions to examine accounts
Commissions for local investigations
11. Commission to examine or adjust accounts.—In any suit in which an examination or
9. Commissions to make local investigations.—In any suit in which the Court deems a local adjustment of the accounts is necessary, the Court may issue a commission to such person as it thinks fit
investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of directing him to make such examination or adjustment.
ascertaining the market-value of any property, or the amount of any mesne profits or damages or annual
net profits, the Court may issue a commission to such person as it thinks fit directing him to make such 12. Court to give Commissioner necessary instructions.—(1) The Court shall furnish the
investigation and to report thereon to the Court: Commissioner with such part of the proceedings and such instructions as appear necessary, and the
instructions shall distinctly specify whether the commissioner is merely to transmit the proceedings which
he may hold on the inquiry, or also to report his own opinion on the point referred for his examination.
1. Subs. by the A.O 1937, for “any civil or military officer of the Government”. (2) Proceedings and report to be evidence. Court may direct further inquiry.—The proceedings
2. Ins. by Act 46 of 1999, s. 29 (w.e.f. 1-7-2002).
3. Subs. by Act 2 of 1951, s. 3, for “the States”.
and report (if any) of the Commissioner shall be evidence in the suit, but where the Court has reason to be
4. Subs. by Act 104 of 1976, s. 75, for certain words (w.e.f. 1 -2-1977). dissatisfied with them, it may direct such further inquiry as it shall think fit.
5. Subs. by the A.O. 1937, for “civil or military officer of the Government”.
1. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1 -2-1977).

181 182

Commissions to make partitions 1

[Provided that when the Commissioner is not a Judge of a Civil Court, he shall not be competent to
13. Commission to make partition of immovable property.—Where a preliminary decree for partition impose penalties; but such penalties may be imposed on the application of such Commissioner by the
has been passed, the Court may, in any case not provided for by section 54, issue a commission to such Court by which the commission was issued.]
person as it thinks fit to make the partition or separation according to the rights as declared in such decree.
(2) A Commissioner may apply to any Court (not being a High Court) within the local limits or
14. Procedure of Commissioner.—(1) The Commissioner shall, after such inquiry as may be necessary, whose jurisdiction a witness resides for the issue of any process which he may find it necessary to issue to
divide the property into as many shares as may be directly by the order under which the commission was
issued, and shall allot such shares to the parties, and may, if authorised thereto by the said order, award or against such witness, and such Court may, in its discretion, issue such process as it considers reasonable
sums to be paid for the purpose of equalizing the value of the shares. and proper.
(2) The commissioner shall then prepare and sign a report or the Commissioners (where the
commission was issued to more than one person and they cannot agree) shall prepare and sign separate 18. Parties to appear before Commissioner.—(1) Where a commission is issued under this Order,
reports appointing the share of each party and distinguishing each share (if so directed by the said order) by the Court shall direct that the parties to the suit shall appear before the Commissioner in person or by their
metes and bounds. Such report or reports shall be annexed to the commission and transmitted to the Court; agents or pleaders.
and the Court, after hearing any objections which the parties may make to the report or reports, shall
confirm, vary or set aside the same. (2) Where all or any of the parties do not so appear, the Commissioner may proceed in their
absence.
(3) Where the Court confirms or varies the report or reports it shall pass a decree in accordance with 1
the same as confirmed or varied; but where the Court sets aside the report or reports it shall either issue a [18A. Application of order to execution proceedings.—The provisions of this Order shall apply,
new commission or make such other order as it shall think fit. so far as may be, to proceedings in execution of a decree or order.
General provisions 18B. Court to fix a time for return of commission.—The Court issuing a commission shall fix a
date on or before which the commission shall be returned to it after execution, and the date so fixed
15. Expenses of commission to be paid into court.—Before issuing any commission under this shall not be extended except where the Court, for reasons to be recorded, is satisfied that there is
Order, the Court may order such sum (if any) as it thinks reasonable for the expenses of the commission sufficient cause for extending the date.]
to be, within a time to be fixed, paid into Court by the party at whose instance or for whose benefit the 2
commission is issued. [Commissions issued of the instance of foreign Tribunals
16. Powers of commissioners.—Any commissioner appointed under this Order may, unless 19. Cases in which High Court may issue commission to examine witness.—(1) If a High Court is
otherwise directed by the order of appointment,— satisfied.—
(a) examine the parties themselves and any witness whom they or any of them may produce, and (a) that a foreign court situated in a foreign country wishes to obtain the evidence of a witness in
any other person whom the Commissioner thinks proper to call upon to give evidence in the matter any proceeding before it,
referred to him; (b) that the proceeding is of a civil nature, and
(b) call for and examine documents and other things relevant to the subject of inquiry; (c) that the witness is residing within the limits of the High Court’s appellate jurisdiction,
(c) at any reasonable time enter upon or into any land or building mentioned in the order.
1
it may, subject to the provisions of rule 20, issue a commission for the examination of such witness.
[16A. Questions objected to before the Commissioner.—(1) Where any question put to a witness is
objected to by a party or his pleader in proceedings before a Commissioner appointed under this Order, the (2) Evidence may be given of the matters specified in clause (a), (b) and (c) of sub-rule (1)—
Commissioner shall take down the question, the answer, the objections and the name of the party or, as the
case may be, the pleader so objecting: (a) by a certificate signed by the consular officer of the foreign country of the highest rank in
India and transmitted to the High Court through the Central Government, or
Provided that the Commissioner shall not take down the answer to a question which is objected to on
the ground of privilege but may continue with the examination of the witness, leaving the party to get the (b) by a letter of request issued by the foreign Court and transmitted to the High Court through
question of privilege decided by the Court, and, where the Court decides that there is no question of the Central Government, or
privilege, the witness may be recalled by the Commissioner and examined by him or the witness may be (c) by a letter of request issued by the foreign court and produced before the High Court by a
examined by the Court with regard to the question which was objected to on the ground of privilege. party to the proceeding.
(2) No answer taken down under sub-rule (1) shall be read as evidence in the suit except by the order
20. Application for issue of commission.—The High Court may issue a commission under rule 19—
of the Court.]
17. Attendance and examination of witnesses before Commissioner.—(1) The provisions of this Code (a) upon application by a party to the proceeding before the foreign court, or
relating to the summoning, attendance and examination of witnesses, and to the remuneration of, and
(b) upon an application by a law officer of the State Government acting under instructions from
penalties to be imposed upon, witnesses, shall apply to persons required to give evidence or to produce
the State Government.
documents under this Order whether the commission in execution of which they are so required has been
issued by a Court situate within or by a Court situate beyond the limits of 2[India], and for the purposes of 21. To whom commission may be issued.—A commission under rule 19 may be issued to any Court
this rule the Commissioner shall be deemed to be a Civil Court: within the local limits of whose jurisdiction the witness resides, or 3*** the witness resides within the

1. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977).

1. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977). 2. Ins. by Act 10 of 1932, s. 3.
2. Subs. by Act 2 of 1951, s. 3, for “the States”. 3. The words “the high Court is established under the Indian high Courts Act 1861, or the Government of India Act, 1915, and”
omitted by the A.O. 1937.

183 184
local limits of 1[the ordinary original civil jurisdiction of the High Court], to any person whom the Court (2) If, in any such suit or proceeding, at any stage, it appears to the court that there is a reasonable
thinks fit to execute the commission. possibility of a settlement between the parties, the Court may adjourn the proceeding for such period as it
thinks fit, to enable attempts to be made to effect such a settlement.
22. Issue, execution and return of commissions, land transmission of evidence to foreign
Court.—The provisions of rules 6, 15, 2[sub-rule (1) of rule 16A, 17, 18 and 18B] of this Order in so
far as they are applicable shall apply to the issue, execution and return of such commissions, and when (3) The power conferred under sub-rule (2) is in addition to any other power of the Court to adjourn
proceedings.].
any such commission has, been duly executed it shall be returned, together with the evidence taken
under it, to the High Court, which shall forward it to the Government General in Council along with
the letter of request for transmission to the foreign court.] 6. Attendance of person able to answer questions relating to suit against Government.—The
Court may also, in any case in which the 5[Government pleader] is not accompanied by any person on the
part of 1[the Government] who may be able to answer any material questions relating to the suit, direct the
ORDER XXVII attendance of such a person.

Suits by or against the government or public officers in their official capacity

7. Extension of time to enable public officer to make reference to Government.—(1) Where the
1. Suits by or against Government.—In any suit by or against 3[the Government], the plaint or defendant is a public officer and, on receiving the summons, considers it proper to make a reference to the
written statement shall be signed by such person as the Government may, by general or special order, Government before answering the plaint, he may apply to the Court to grant such extension of the time
appoint in this behalf, and shall be verified by any person whom the Government may so appoint and who fixed in the summons as may be necessary to enable him to make such reference and to receive orders
is acquainted with the facts of the case. 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.
2. Persons authorised to act for Government.—Persons being ex officio or otherwise authorised to act 8. Procedure in suits against public officer.—(1) Where the Government undertakes the defence of
for the Government in respect of any judicial proceeding shall be deemed to be recognised agents by whom a suit against a public officer, the 1[Government pleader] upon being furnished with authority to appear
appearances, acts and applications under this Code may be made or done on behalf of the Government. 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.
3. Plaints in suits by or against Government.—In suits by or 4[against the Government], instead of (2) Where no application under sub-rule (1) is made by the 1[Government pleader] on or before the
inserting in the plaint the name and description and place of residence of the plaintiff or defendant, it shall
day fixed in the notice for the defendant to appear and answer, the case shall proceed as in a suit between
be sufficient to insert 1[the appropriate name as provided in section 79 5***].
private parties:
6
[4. Agent for Government to receive process.—The Government pleader in any Court shall be the Provided that the defendant shall not be liable to arrest, nor his property to attachment, otherwise than
agent of the Government for the purpose of receiving processes against the Government issued by such in execution of a decree.
Court]. 2
[8A. No security to be required from Government or a public officer in certain cases.—No such
security as is mentioned in rules 5 and 6 of Order XLI shall be required from the Government or, where
5. Fixing of day for appearance on behalf of Government.—The Court, in fixing the day for 1[the the Government has undertaken the defence of the suit, from any public officer sued in respect of an act
Government] to answer to the plaint, shall allow a reasonable time for the necessary communication with alleged to be done by him in his official capacity. ,
the Government through the proper channel, and for the issue of instructions to the 7[Government pleader]
to appear and answer on behalf of 8[the Government] 9***, and may extend the time at its discretion 10[but 8B. Definitions of “Government” and “Government pleader”.—In this Order 3[unless otherwise
the time so extended shall not exceed two months in the aggregate]. expressly provided] “Government” and 1[“Government pleader”] mean respectively—
(a) in relation to any suit by or against 4*** the Central Government, or against a public officer in
8
[5A. Government to be joined as a party in a suit against a public officer.—Where a suit is the service of that Government, the Central Government and such pleader as that Government may
instituted against a public officer for damages or other relief in respect of any act alleged to have been appoint whether generally or specially for the purposes of this order;
done by him in his official capacity, the Government shall be joined as a party to the suit. 5
* * * * *
5B. Duty of Court in suits against the Government or a public officer to assist in arriving at a (c) in relation to any suit by or against State Government or against a public officer in the service
6
settlement.—(1) In every suit or proceeding to which the Government, or a public officer acting in his of a State. the State Government and the Government pleader [as defined in clause (7) of section 2],
official capacity, is a party, it shall be the duty of the Court to make, in the first instance, every or such other pleader as the State Government may appoint, whether generally or specially, for the
endeavour, where it is possible to do so consistently with the nature and circumstances of the case, to purposes of this Order.].
assist the parties in arriving at a settlement in respect of the subject-matter of the suit. STATE AMENDMENT
Uttar Pradesh
Amendment of Order XXVII.— In the First Schedule, in Order XXVII —
1. Subs. ibid., for “its ordinary original civil jurisdiction”. (a) in the marginal heading after the words “official capacity” the words “or
2. Subs. by Act 104 of 1976, s. 75, for “16, 17 and 18” (w.e.f 1-2-1977).
3. Subs. by A.O. 1937, for “the Secretary of State for India in Council”.
Statutory Authorities, etc.” shall be inserted ;
5. Subs. ibid., for “against the Secretary of State for India in Council”.
6. The words ‘or’ if the suit is against the Secretary of State, the words “the Secretary of State” omitted by the A.O. 1948. 1. Subs. by the A.O. 1937 and the A. O. 1950, for “Crown pleader”.
7. Subs. by the A.O. 1937, for rule 4. 2. Ins. by the A.O. 1937.
8. Subs. by the A.O. 1950, for “Crown pleader” which had been subs. by the A. O. 1937, for “Government pleader”. 3. Ins. by the A.O. 1950.
9. Subs. by the A.O. 1937, for “the said Secretary of State, for India in Council”. 4. The words “the Secretary of State or” omitted by the A.O.1948.
10. The words “or the Government,” omitted by the A. O. 1948. 5. Cl. (b) omitted by the A.O. 1948.
11. Ins. by Act 104 of 1976, s. 76 (w.e.f. 1-2-1977). 6. Ins. by the A.O. 1950.

185 186

(b) after rule 9, as inserted by the Allahabad High Court, the following rule shall other authority shall not be entitled to, or liable for, costs in the Court which ordered the addition unless
be inserted, namely :— the Court, having regard to all the circumstances of the case for any special reason, otherwise orders.]
“10. Suits by or against statutory authorities —
(1) Any authority or Corporation, constituted by or under any law, may, from time to 4. Application of Order to appeals.—In the application of this Order to appeals the word
time appoint a Standing Counsel, to be called corporation pleader of that authority, “defendant” shall be held to include a respondent and the word “suit” an appeal.
in any district and give information of such appointment to the District Judge. 4
[Explanation.—In this Order, “statutory instrument” means a rule, notification, bye-law, order,
(2) The Corporation pleader so appointed shall be the agent in that district of the scheme or form made as specified under any enactment.]
appointing authority or Corporation for purposes of receiving processes against it,
but shall not act or plead without filing a Vakalatnama or memorandum of ORDER XXVIII
appearance.” Suits by or against military 1[or naval] men 2[or airmen]
[Vide Uttar Pradesh Act 56 of 1976, s. 11]]
1
[ORDER XXVII-A] 1. Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or
Suits involving a substantial question of law as to the interpretation for 2[the constitution] 3[or as to the defend for them.—(1) Where any officer, 3[soldier, 6[sailor] or airman] actually 4[serving under the
validity of any statutory instrument] Government] in 5[such] capacity is a party to a suit, and cannot obtain leave of absence for the purpose of
1. Notice to the Attorney General or the Advocate-General.—In any suit in which it appears to the prosecuting or defending the suit in person, he may authorise any person to sue or defend in his stead.
Court that 4[any such question as is referred to 5[in clause (1) of Article 132, read with Article 147 of the
Constitution,] is involved, the Court shall not proceed to determine that question until after notice has (2) The authority shall be writing and shall be signed by the officer, 6[soldier, 7[sailor] or airman] in
been given to 6[the Attorney General for India] if the question of law concerns the Central Government the presence of (a) his commanding officer, or the next subordinate officer, if the party is himself the
and to the Advocate-General of the State if the question of law concerns a State Government.
9[1A. Procedure in suits involving validity of any statutory instrument.—In any suit in which it commanding officer, or (b) where the officer, 1[soldier, 2[sailor] or airman,] is serving in military,
2
appears to the Court that any question as to the validity of any statutory instrument, not being a question of the
[naval], 8[or air force] staff employment, the head or other superior officer of the office in which he is
nature mentioned in rule l, is involved, the Court shall not proceed to determine that question except after employed. Such commanding or other officer shall countersign the authority, which shall be filed in
giving notice— Court.
(a) to the Government pleader, if the question concern the Government, or (3) When so filed the countersignature shall be sufficient proof that the authority was duly executed,
(b) to the authority which issued the statutory instrument, if the question concerns an authority and that the officer, 1[soldier 2[, sailor] or air man] by whom it was granted could not obtain leave of
other than Government.] absence for the purpose of prosecuting of defending the suit in person.
2. Court may add Government as party.—The Court may at any stage of the proceedings order that Explanation.—In this Order the expression “commanding officer” means the officer in actual
the Central Government or a State Government shall be added as a defendant in any suit involving 7[any command for the time being of any regiment, corps, 2[ship,] detachment or depot to which the officer,
such question as is referred to 8[in clause (1) of Article 132 read with Article 147, of the Constitution]], if 1
[soldier 2[, sailor] or airman] belongs.
9
[the Attorney General for India] or the Advocate-General of the State, as the case may be, whether upon 2. Person so authorised may act personally or appoint pleader.—Any person authorised by an
receipt of notice under rule 1, or otherwise, applies for such addition and the Court is satisfied that such officer, 1[soldier 2[, sailor] or airman] to prosecute or defend a suit in his stead may prosecute or defend it
addition is necessary or desirable for the satisfactory determination of the question of law involved. in person in the same manner as the officer, 1[soldier 2[, sailor] or airman] could do if present; or he may
10
[2A. Power of Court to add Government or other authority as a defendant in a suit relating to the appoint a pleader to prosecute or defend the suit on behalf of such officer, 1[soldier 2[, sailor] or airman].
validity of any statutory instrument.—The Court may, at any stage of the proceedings in any suit involving
any such question as is referred to in rule 1A, order that the Government or other authority shall be added as a 3. Service on person so authorised, or on his pleader, to be good service.—Processes served upon
defendant if the Government pleader or the pleader appearing in the case for the authority which issued the any person authorised by an officer 1[soldier 2[, sailor] or airman] under rule 1 or upon any pleader
instrument, as the case may be, whether upon receipt of notice under rule lA or otherwise, applies for such appointed as aforesaid by such person shall he as effectual as if they had been served on the party in
addition, and the Court is satisfied that such addition is necessary or desirable for the satisfactory person.
determination of the question.]
11
[3. Costs.—Where, under rule 2 or rule 2A the Government or any other authority is added as a
defendant in a suit, the Attorney-General, Advocate-General, or Government Pleader or Government or ORDER XXIX
Suits by or against corporations
1. Subscription and verification of pleading.—In suits by or against a corporation, any pleading
1. Ins. by Act 23 of 1942, s. 2.
2. Subs. by the A.O. 1950, for “the Government of India Act, 1935, or any Order -in-Council made thereunder”. may be signed and verified on behalf of the corporation by the secretary or by any director or other
3. Ins. by Act 104 of 1976, s. 77 (w.e.f. 1-2-1977). principal officer of the corporation who is able to depose to the facts of the case.
4. Subs. by the A.O. 1948, for “substantial question of law as to the interpretation of the Government of India Act, 1935, or any
Order-in-Council made thereunder”.
5. Subs. by the A.O. 1950, “In sub-section (1) of section 205 of the Government of India Act, 1935”. 1. Ins. by Act 35 of 1934, s. 2 and the Sch.
6. Subs. ibid., for “the Advocate-General of India”. 2. Ins. by Act 10 of 1927, s. 2 and the First Sch.
7. Subs. by the A. O. 1948, for “a substantial question of law as to the interpretation of the Government of India Act, 1935 or any 3. Subs. by s. 2, ibid., and the First Sch., for “or soldier” and “or a soldier”.
Order-in-Council made thereunder”.
4. Subs. by the A.O. 1937, for “serving the Government”.
8. Subs. by the A.O. 1950, for “in sub-section (1) of section 205 of the Government of India Act, 1935”.
5. Subs. by Act 35 of 1934, s. 2 and the Sch., for “a military or air force”.
9. Subs., ibid., for “the Advocate-General of India”. 6. Subs. by Act 10 of 1927, s. 2 and the First Sch. for “or soldier”.
10. Ins. by Act 104 of 1976, s. 77 (w.e.f. 1-2-1977). 7. Ins. by Act 35 of 1934, s. 2 and the Sch.
11. Subs. by s. 77, ibid., for rule 3 (w.e.f. 1-2-1977). 8. Ins. by Act 10 of 1927, s. 2 and the Sch.

187 188
 2. Service on corporation.—Subject to any statutory provision regulating service of process, where as the Court may direct; and such service shall be deemed good service upon the firm so sued, whether all
the suit is against a corporation, the summons may be served— or any of the partners are within or without 2[India]:
(a) on the secretary, or on any director, or other principal officer of the corporation, or Provided that, in the case of a partnership which has been dissolved to the knowledge of the plaintiff
(b) by leaving it or sending it by post addressed to the corporation at the registered office, or before the institution of the suit, the summons shall be served upon every person within 2[India] whom it
if there is no registered office then at the place where the corporation carries on business. is sought to make liable.
3. Power to require personal attendance of officer of corporation.—The Court may, at any stage 4. Rights of suit on death of partner.—(1) Notwithstanding anything contained in section 45 of the Indian
of the suit, require the personal appearance of the secretary or of any director, or other principal officer of Contract Act, 1872 (9 of 1872) where two or more persons may sue or be sued in the name of a firm under the
the corporation who may be able to answer material questions relating to the suit. foregoing provisions and any of such persons dies, whether before the institution or during the pendency of any
STATE AMENDMENT suit, it shall not be necessary to join the legal representative of the deceased as a party to the suit.
Uttar Pradesh (2) Nothing in sub-rule (1) shall limit or otherwise effect any right which the legal representative of
the deceased may have—
Amendment of Order XXIX.— In the First Schedule, in Order XXIX, in rule 2, after clause (a), the following
clause shall be inserted, namely :— (a) to apply to be made a party to the suit, or
“(aa) on its corporation pleader in the district where the Court issuing summons is located, if one has (b) to enforce any claim against the survivor or survivors.
been appointed and the appointment has been notified to the District Judge under rule 10 of Order XXVII, 5. Notice in what capacity served.—Where a summons is issued to a firm and is served in the manner
or.” provided by rule 3, every person upon whom it is served shall be informed by notice in writing given at the
[Vide Uttar Pradesh Act 57 of 1976, s. 12] time of such service, whether he is served as a partner or as a person having the control or management of
ORDER XXX the partnership business, or in both characters, and, in default of such notice, the person served shall be
deemed to be served as a partner.
Suits by or against firms and persons carrying on business in
6. Appearance of partners.—Where persons are sued as partners in the name of their firm, they
names other than their own shall appear individually in their own names, but all subsequent proceedings shall, nevertheless, continue
1. Suing of partners in name of firm.—(1) Any two or more persons claiming or being liable as in the name of the firm.
partners and carrying on business in, 1[India] may sue or be sued in the name of the firm (if any) of which
7. No appearance except by partners.—Where a summons is served in the manner provided by
such persons were partners at the time of the accruing of the cause of action, and any party to a suit may in
rule 3 upon a person having the control or management of the partnership business, no appearance by him
such case apply to the Court for a statement of the names and addresses of the persons who were, at the
shall be necessary unless he is a partner of the firm sued.
time of the accruing of the cause of action, partners in such firm, to be furnished and verified in such
1
manner as the Court may direct. [8. Appearance under protest.—(1) Any person served with summons as a partner under rule 3
(2) Where persons sue or are sued partners in the name of their firm under sub-rule (1), it shall, in the may enter an appearance under protest, denying that he was a partner at any material time.
case of any pleading or other document required by or under this Code to be signed, verified or certified (2) On such appearance being made, either the plaintiff or the person entering the appearance may, at
by the plaintiff of the defendant, suffice such pleading or other document is signed, verified or certified any time before the date fixed for hearing and final disposal of the suit, apply to the Court for determining
by any one of such persons. whether that person was a partner of the firm and liable as such.
2. Disclosure of partners’ names.—(1) Where a suit is instituted by partners in the name of their (3) If, on such application, the Court holds that he was a partner at the material time, that shall not
firm, the plaintiffs or their pleader shall, on demanding writing by or on behalf of any defendant, preclude the person from filing a defence denying the liability of the firm in respect of the claim against
forthwith declare in writing the names and places of residence of all the persons constituting the firm on the defendant.
whose behalf the suit is instituted.
(2) Where the plaintiffs or their pleader fail to comply with any demand made under sub-rule (1) all (4) If the Court, however, holds that such person was not a partner of the firm and was not liable as
proceedings in the suit may, upon an application for that purpose, be stayed upon such terms as the Court such that shall not preclude the plaintiff from otherwise serving a summons on the firm and proceeding
may direct. 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.]
(3) Where the names of the partners are declared in the manner referred to in sub-rule (1) the suit
shall proceed in the same manner, and the same consequences in all respects shall follow, as if they had 9. Suits between co-partners.—This Order shall apply to suits between a firm and one or more of
been named as plaintiffs in the plaint: the partners therein and to suits between firms having one or more partners in common; but no execution
2
[Provided that all proceedings shall nevertheless continue in the name of the firm, but the name of shall be issued in such suits except by leave of the Court, and, on an application for leave to issue such
the partners disclosed in the manner specified in sub-rule (1) shall be entered in the decree.] execution, all such accounts and inquiries may be directed to be taken and made and directions given as
3. Service.—Where persons are sued as partners in the name of their firm, the summons shall be may be just.
served either— 2
[10. Suit against person carrying on business in name other than his own.—Any person carrying
(a) upon any one or more of the partners, or on business in a name or style other than his own name, or a Hindu undivided family carrying on business
(b) at the principal place at which the partnership business is carried on within 3[India] upon any under any name, may be sued in such name or style as if it were a firm name, and, in so far as the nature
person having, at the time of service, the control or management of the partnership business, there, of such case permits, all rules under this Order shall apply accordingly.]

1. Subs. by Act 2 of 1951, s. 3, for “the States”.

2. Subs. by Act 104 of 1976, s. 78, for the proviso (w.e.f. 1-2-1977). 1. Subs. by Act 104 of 1976, s. 78, for rule 8 (w.e.f. 1-2-1977).
3. Subs. by Act 2 of 1951, s. 3, for “the States”. 2. Subs. by Act 104 of 1976, s. 78, for rule 10 (w.e.f. 1-2-1977).

189 190

ORDER XXXI (3) Such application shall be supported by an affidavit verifying the fact that the proposed guardian
Suits by or against trustees, executors and administrators has no interest in the matters in controversy in the suit adverse to that of the minor and that he is a fit
person to be so appointed.
1. Representation of beneficiaries in suits concerning property vested in trustees etc.—In all
suits concerning property vested in a trustee, executor or administrator, where the contention is between (4) Order shall be made on any application under this rule except upon notice 1*** to any guardian of
the persons beneficially interested in such property and a third person, the trustee, executor or the minor appointed or declared by an authority competent in that behalf, or, where there is no such
Administrator shall represent the persons so interested, and it shall not ordinarily be necessary to make guardian 2[upon notice to the father or where there is no father, to the mother, or where there is no father
them parties to the suit. But the Court may, if it thinks fit, order them or any of them to be made parties. or mother, to other natural guardian] of the minor, or, where there is 3[no father, mother or other natural
guardian], to the person in whose care the minor is, and after hearing any objection which may be urged
2. Joinder of trustees, executors and administrators.—Where there are several trustees, executors on behalf of any person served with notice under this sub-rule.
or administrators, they shall all be made parties to a suit against one or more of them: 1
[(4A) The Court may, in any case, if it thinks fit, issue notice under sub-rule (4) to the minor also.]
Provided that the executors who have not proved their testator’s will, and trustees, executors and 3
[(5) A person appointed under sub-rule (1) to be guardian for the suit for a minor shall, unless his
administrators outside 1[India], need not be made parties.
appointment is terminated by retirement, removal or death, continue as such throughout all proceedings
3. Husband of married executrix not to join.—Unless the Court directs otherwise, the husband of a arising out of the suit including proceedings in any Appellate or Revisional Court and any proceedings in
married trustee, administratrix or executrix shall not as such be a party to a suit by or against her. the execution of a decree.]
1
ORDER XXXII [3A. Decree against minor not to be set aside unless prejudice has been caused to his interest.—
Suits by or against minors and persons of unsound mind (1) No decree passed against a minor shall be set aside merely on the ground that the next friend or
guardian for the suit of the minor had an interest in the subject-matter of the suit adverse to that of the
1. Minor to sue by next friend.—Every suit by a minor shall be instituted in his name by a person minor, but the fact that by reasons of such adverse interest of the next friend or guardian for the suit,
who in such suit shall be called the next friend of the minor. prejudice has been caused to the interests of the minor, shall be a ground for setting aside the decree.
2
[Explanation.—In this Order, “minor” means a person who has not attained his majority within the (2) Nothing in this rule shall preclude the minor from obtaining any relief available under any law by
meaning of section 3 of the Indian Majority Act, 1875 (9 of 1875) where the suit relates to any of the reason of the misconduct or gross negligence on the part of the next friend or guardian for the suit
matters mentioned in clauses (a) and (b) of section 2 of that Act or to any other matter.] resulting in prejudice to the interests of the minor.]
4. Who may act as next friend or he appointed guardian for the suit—(1) Any person who is of
2. Where suit is instituted without next friend, plaint to be taken off the file.—(1) Where a suit is
sound mind and has attained majority may act as next friend of a minor or as his guardian for the suit:
instituted by or on behalf of a minor without a next friend, the defendant may apply to have the plaint
taken off the file, with costs to be paid by the pleader or other person by whom it was presented. Provided that the interest of such person is not adverse to that of the minor and that he is not, in the
case of a next friend, a defendant, or, in the case of a guardian for the suit, a plaintiff.
(2) Notice of such application shall be given to such person, and the Court, after hearing his
objections (if any) may make such order in the matter as it thinks fit. (2) Where a minor has a guardian appointed or declared by competent authority, no person other than
such guardian shall act as the next friend of the minor or be appointed his guardian for the suit unless the
3
[2A. Security to be furnished by next friend when so ordered.—(1) Where a suit has been Court considers, for reasons to be recorded, that it is for the minor’s welfare that another person be
instituted on behalf of the minor by his next friend, the Court may, at any stage of the suit, either of its permitted to act or be appointed, as the case may be.
own motion or on the application of any defendant, and for reasons to be recorded, order the next friend
to give security for the payment of all costs incurred or likely to be incurred by the defendant. (3) No person shall without his consent 4[in writing] be appointed guardian for the suit.
(4) Where there is no other person fit and willing to act as guardian for the suit, the Court may
(2) Where such a suit is instituted by an indigent person, the security shall include the court-fees appoint any of its officers to be such guardian, and may direct that the costs to be incurred by such officer
payable to the Government. in the performance of his duties as such guardian shall be borne either by the parties or by any one or
(3) The provisions of rule 2 of Order XXV shall, so far as may be, apply to a suit where the Court more of the parties to the suit, or out of any fund in Court in which the minor is interested 1[or out of the
makes an order under this rule directing security to be furnished.] property of the minor], and may give directions for the repayment or allowance of such costs as justice
and the circumstances of the case may require.
3. Guardian for the suit to be appointed by Court for minor defendants.—(1) Where the
5. Representation of minor by next friend or guardian for the suit.—(1) Every application to the
defendant is a minor the Court, on being satisfied of the fact of his minority, shall appoint a proper person
Court on behalf of a minor, other than an application under rule 10, sub-rule (2), shall be made by his next
to be guardian for the suit for such minor.
friend or by his guardian for the suit.
(2) An order for the appointment of a guardian for the suit may be obtained upon application in the (2) Every order made in a suit or on any application, before the Court in or which a minor is in any way
name and on behalf of the minor or by the plaintiff. concerned or affected, without such minor being represented by a next friend or guardian for the suit, as the
case may be, may be discharged, and, where the pleader of the party at whose instance such order was

1. The words “to the minor and” omitted by s. 79, ibid. (w.e.f. 1-2-1977).
1. Subs. by Act 2 of 1951, s. 3, for “the States”. 2. Subs. by s. 79, ibid., for certain words (w.e.f. 1-2-1977).
2. Ins. by Act 104 of 1976, s. 79 (w.e.f. 1-2-1977). 3. Ins. by Act 16 of 1937, s. 2.
3. Ins. by Act 104 of 1976, s. 79 (w.e.f. 1-2-1977). 4. Ins. by Act 104 of 1976, s. 79 (w.e.f. 1-2-1977).

191 192
obtained knew, or might reasonably have known, the fact of such minority, with costs to be paid by such 10. Stay of proceedings on removal, etc., of next friend.—(1) On the retirement, removal or death of
pleader. the next friend of a minor, further proceedings shall be stayed until the appointment of a next friend in his
place.
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 (2) Where the pleader of such minor omits, within a reasonable time, to take steps to get a new next
movable property on behalf of a minor either— friend appointed, any person interested in the minor or in the matter in issue may apply to the Court for
the appointment of one, and the Court may appoint such person as it thinks fit.
(a) by way of compromise before decree or order, or
(b) under a decree or order in favour of the minor. 11. Retirement, removal or death of guardian for the suit.—(1) Where the guardian for the suit
desires to retire or does not do his duty, or where other sufficient ground is made to appear, the Court
(2) Where the next friend or guardian for the suit has not been appointed or declared by competent may permit such guardian to retire or may remove him, and may make such order as to costs as it thinks
authority to be guardian of the property of the minor, or, having been so appointed or declared, is under fit.
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 (2) Where the guardian for the suit, retires, dies or is removed by the Court during the pendency of
opinion, sufficiently protect the property from waste and ensure its proper application : the suit, the Court shall appoint a new guardian in his place.
1
[Provided that the Court may, for reasons to be recorded, dispense with such security while granting 12. Course to be followed by minor plaintiff or applicant on attaining majority.—(1) A minor
leave to the next friend or guardian for the suit to receive money or other movable property under a plaintiff or a minor not a party to a suit on whose behalf an application is pending shall, on attaining majority,
decree or order, where such next friend or guardian— elect whether he will proceed with the suit or application.
(a) is the manager of a Hindu undivided family and the decree or order relates to the property or (2) Where lie elects to proceed with the suit or application, he shall apply for an order discharging
business of the family; or the next friend and for leave to proceed in his own name.
(b) is the parent of the minor.] (3) The title of the suit or application shall in such case be corrected so as to read henceforth thus:
7. Agreement or compromise by next friend or guardian for the suit.—(1) No next friend or guardian “A.B., late a minor by C.D., his next friend, but now having attained majority.”.
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. (4) Where he elects to abandon the suit or application, he shall, if a sole plaintiff or sole applicant,
1
apply for an order to dismiss the suit or application on repayment of the costs incurred by the defendant
[(1A) An application for leave under sub-rule (1) shall be accompanied by an affidavit of the next or opposite party or which may have been paid by his next friend.
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 (5) Any application under this rule may be made ex parte but no order discharging a next friend and
opinion, for the benefit of the minor : permitting a minor plaintiff to proceed in his own name shall be made without notice to the next friend.
Provided that the opinion so expressed, whether in the affidavit or in the certificate shall not preclude the 13. Where minor co-plaintiff attaining majority desires to repudiate suit.—(1) Where a minor
Court from examining whether the agreement or compromise proposed is, for the benefit of the minor. ] co-plaintiff on attaining majority desires to repudiate the suit, he shall apply to have his name struck out
as co-plaintiff; and the Court, if it finds that he is not a necessary party, shall dismiss him from the suit
(2) Any such agreement or compromise entered into without the leave of the Court so recorded shall on such terms as to costs or otherwise as it thinks fit.
be voidable against all parties other than the minor:
(2) Notice of the application shall be served on the next friend, on any co-plaintiff and on the defendant.
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. (3) The costs of all parties of such application, and of all or any proceedings theretofore had in the
suit, shall be paid by such persons as the Court directs.
(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. (4) Where the applicant is a necessary party to the suit, the Court may direct him to be made a defendant.
9. Removal of next friend.—(1) Where the interest of the next friend of a minor is adverse to that of the 14. Unreasonable or improper suit.—(1) A minor on attaining majority may, if a sole plaintiff,
minor or where he is so connected with a defendant whose interest is adverse to that of the minor as to make it apply that a suit instituted in his name by his next friend be dismissed on the ground that it was
unlikely that the minor's interest will be properly protected by him, or where he does not do his duty, or, unreasonable or improper.
during the pendency of the suit, ceases to reside within 1[India], or for any other sufficient cause, application,
(2) Notice of the application shall be served on all the parties concerned; and the Court, upon being
may be made on behalf of the minor or by a defendant for his removal; and the Court, if satisfied of the
satisfied of such unreasonableness or impropriety, may grant the application and order the next friend to
sufficiency of the cause assigned, may order the next friend to be removed accordingly, and make such other pay the costs of all parties in respect of the application and of anything done in the suit, or make such
order as to costs as it thinks fit. other order as it thinks fit.
(2) Where the next friend is not a guardian appointed or declared by an authority competent in this 1
[15. Rules 1 to 14 (Except rule 2A) to apply to persons of unsound mind.—Rules 1 to 14 (except
behalf, and an application is made by a guardian so appointed or declared, who desires to be himself rule 2A) shall, so far as may be, apply to persons adjudged, before or during the pendency of the suit, to be of
appointed in the place of the next friend, the Court shall remove the next friend unless it considers, for unsound mind and shall also apply to persons who, though not so adjudged, are found by the Court on enquiry to
reasons to be recorded by it, that the guardian ought not to be appointed the next friend of the minor, and be incapable, by reason of any mental infirmity, of protecting their interest when suing being sued.]
shall thereupon appoint the applicant to be next friend in his place upon such terms as to the costs
already incurred in the suit as it thinks fit.

1. Subs. by Act 2 of 1951, s. 3. for “the States” 1. Subs. by Act 104 of 1976, s. 79, for rule 15 (w.e.f. 1 -2-1977).

193 194

1
[16. Savings.—(1) Nothing contained in this Order shall apply to the Ruler of a foreign State suing 6. “Family”—meaning of.—For the purposes of this Order, each of the following shall be treated
or being sued in the name of his State, or being sued by the direction of the Central Government in the as constituting a family, namely:—
name of an agent or in any other name.
(a) (i) a man and his wife living together,
(2) Nothing contained in this Order shall be construed as affecting or in any way derogating from the
provisions of any local law for the time being in force relating to suits by or against minors or by or (ii) any child or children, being issue of theirs; or of such man or such wife,
against lunatics or other persons of unsound mind.] (iii) any child or children being maintained by such man and wife;
2
[ORDER XXXII-A (b) a man not having a wife or not living together with his wife, any child or children, being issue
Suits relating to matters concerning the family of his, and any child or children being maintained by him;
1. Application of the Order.—(1)The provisions of this Order shall apply to suits or proceedings (c) a women not having it husband or not living together with her husband, any child or children
relating to matters concerning the family. being issue of hers, and any child or children being maintained by her;
(2) In particular, and without prejudice to the generality of the provisions of sub-rule (1), the (d) a man or woman and his or her brother, sister, ancestor or lineal descendant living with him or
provisions of this Order shall apply to the following suits or proceedings concerning the family, her; and
namely:— (e) any combination of one or more of the groups specified in clause (a), clause (b), clause (c) or
(a) a suit or proceeding for matrimonial relief, including a suit or proceedings for declaration as clause (d) of this rule.
to the validity of a marriage or as to the matrimonial status of any person; Explanation.—For the avoidance of doubts, it is hereby declared that the provisions of rule 6 shall be
(b) a suit or proceeding for a declaration as to legitimacy of any person; without any prejudice to the concept of “family” in any personal law or in another law for the time being
in force.]
(c) a suit or proceeding in relation to the guardianship of the person or the custody of any minor
ORDER XXXIII
or other member of the family, under a disability;
1
(d) a suit or proceeding for maintenance; [Suits by indigent persons]

(e) a suit or proceeding as to the validity or effect of an adoption; 1. Suits may be instituted by indigent persons.—Subject to the following provisions, any suit may
be instituted by an 2[indigent person].
(f) a suit or proceeding, instituted by a member of the family, relating to wills, intestacy and 3
succession; [Explanation 1.—A person is an indigent person,—

(g) a suit or proceeding relating to any other matter concerning the family in respect of which, the (a) If he is not possessed of sufficient means (other than property exempt from attachment in
parties are subject to their personal law. execution of a decree and the subject-matter of the suit) to enable him to pay the fee prescribed by
law for the plaint in such suit, or
(3) So much of this Order as relates to a matter provided for by a special law in respect of any suit or
(b) where no such fee is prescribed, if he is not entitled to property worth one thousand rupees
proceeding shall not apply to that suit or proceeding.
other than the property exempt from attachment in execution of a decree, and the subject-matter of the
2. Proceedings to be held in camera.—In every suit or proceeding to which this Order applies, the suit.
proceedings may be held in camera if the Court so desires and shall be so held if either party so desires.
Explanation II.—Any property which is acquired by a person after the presentation of his application
3. Duty of Court to make efforts for settlement.—(1) In every suit or proceeding to which this for permission to sue as an indigent person, and before the decision of the application, shall be taken into
Order applied, an endeavour shall be made by the Court in the first instance, where it is possible to do so account in considering the question whether or not the applicant is an indigent person.
consistent with the nature and circumstances of the case, to assist the parties in arriving at a settlement. In
respect of the subject-matter of the suit. Explanation III—Where the plaintiff sues in a representative capacity, the question whether he is an
indigent person shall be determined with reference to the means possessed by him in such capacity. ]
(2) If, in any such suit or proceeding, at any stage it appears to the Court that there is a reasonable 4
possibility of a settlement between the parties, the Court may adjourn the proceeding for such period as it [1A. Inquiry into the means of an indigent person.—Every inquiry into the question whether or
thinks fit to enable attempts to be made to effect such a settlement. not a person is an indigent person shall be made, in the first instance, by the chief ministerial officer of
the Court, unless the Court otherwise directs, and the Court may adopt the report of such officer as its
(3) The power conferred by sub-rule (2) shall be in addition to, and not in derogation of, any other own finding or may itself make an inquiry into the question.]
power of the Court to adjourn the proceedings.
2. Contents of application.—Every application for permission to sue as an 5[indigent person] shall
4. Assistance of welfare expert.—In every suit or proceeding to which this Order applies, it shall be contain the particulars required in regard to plaints in suits: a schedule of any movable or immovable property
open to the Court to secure the services of such person (preferably a woman where available), whether belonging to the applicant, with the estimated value thereof, shall be annexed thereto; and it shall be
related to the parties or not, including a person professionally engaged in promoting the welfare of the signed and verified in the manner prescribed for the signing and verification of pleadings.
family as the Court may think fit, for the purpose of assisting the Court in discharging the functions
imposed by rule 3 of this Order.
5. Duty to enquire into facts.—In every suit or proceeding to which this Order applies, it shall be the 1. Subs. by Act 104 of 1976, s. 81, for “Suits by Paupers”(w.e.f. 1-2-1977).
duty of the Court to inquire, so far it reasonably can, into the facts alleged by the plaintiff and into any 2. Subs. by s. 81. ibid. for “pauper” (w.e.f. 1-2-1977).
facts alleged by the defendant. 3. Subs. by s. 81, ibid., for the Explanation (w.e.f. 1-2-1977).
4. Ins. by Act 104 of 1976, s. 81 (w.e.f. 1-2-1977).
1. Ins. by s. 79, ibid. (w.e.f. 1-2-1977). 5. Subs. by s. 81, ibid., for “pauper” (w.e.f. 1-2-1977).
2. Ins. by s. 80, ibid. (w.e.f. 1-2-1977).

195 196
 3. Presentation of application.—Notwithstanding anything contained in these rules, the application shall (3) The Court shall then either allow or refuse to allow the applicant to sue as 1[an indigent person].
be presented to the Court by the applicant in person, unless he is exempted from appearing in Court, in which
case the application may be presented by an authorised agent who can answer all material questions relating to 8. Procedure if application admitted.—Where the application is granted, it shall be numbered and
the application, and who may be examined in the same manner as the party represented by him might have registered, and shall be deemed the plaint in the suit, and the suit shall proceed in all other respects as a
been examined had such party attended in person: suit instituted in the ordinary manner, except that the plaintiff shall not be liable to pay any court-fee 2[or
1
fees payable for service of process] in respect of any petition, appointment of a pleader or other
[Provided that, where there are more plaintiffs than one, it shall be sufficient if the application is proceeding connected with the suit.
presented by one of the plaintiffs.]
9. Withdrawal of permission to sue as an indigent person.—The Court may, on the application of the
4. Examination of applicant.—(1) Where the application is in proper form and duly presented, the defendant, or of the Government pleader, of which seven days, clear notice in writing has been given to the
Court may, if it thinks fit, examine the applicant, or his agent when the applicant is allowed to appear by
plaintiff, order that the permission granted to the plaintiff to sue as an indigent person be withdrawn—
agent regarding the merits of the claim and the property of the applicant.
(a) if he is guilty of vexatious or improper conduct in the course of the suit;
(2) If presented by agent, Court may order applicant to be examined by commission.—Where
the application is presented by an agent, the Court may, if it thinks fit, order that the applicant be (b) if it appears that his means are such that he ought not to continue to sue as 5[an indigent
examined by a commission in the manner in which the examination of an absent witness may be taken. person]; or
5. Rejection of application.—The Court shall reject an application for permission to use as 2[an (c) if he has entered into any agreement with reference to the subject-matter of the suit under
indigent person]— which any other person has obtained an interest in such subject-matter.
(a) where it is not framed and presented in the manner prescribed by rules 2 and 3, or 3
[9A. Court to assign a pleader to an unrepresented indigent person.—(1) Where a person, who is
(b) where the applicant is not 2[an indigent person], or permitted to sue as an indigent person, is not represented by a pleader, the Court-may, if the circumstances
of the case so require, assign a pleader to him.
(c) where he has, within two months next before the presentation of the application, disposed of any
property fraudulently or in order to be able to apply for permission to use as 2[an indigent person]: (2) The High Court may, with the previous approval of the State Government, make rules providing for—
1
[Provided that no application shall be rejected if, even after the value of the property disposed of by (a) the mode of selecting pleaders to be assigned under sub-rule (1);
the applicant is taken into account, the applicant would be entitled to sue as an indigent person.] or (b) the facilities to be provided to such pleaders by the Court ;
(d) where his allegations do not show a cause of action, or
(c) any other matter which is required to be or may be provided by the rules for giving effect to
(e) where he has entered into any agreement with reference to the subject-matter of the proposed the provisions of sub-rule (1).]
suit under which any other person has obtained an interest in such subject-matter; 1[or]
10. Costs where indigent person succeeds.—Where the plaintiff succeeds in the suit, the Court shall
1
[(f) where the allegations, made by the applicant in the application show that the suit would be calculate the amount of court-fees which would have been paid by the plaintiff if he had not been permitted
barred by any law for the time being in force, or to sue as 5[an indigent person]; such amount shall be recoverable by the 3[State Government] from any
(g) where any other person has entered into an agreement with him to finance the litigation.] party ordered by the decree to pay the same and shall be a first charge, on the subject-matter of the suit.
. 11. Procedure where indigent person fails.—Where the plaintiff fails in the suit or the permission
granted to him to sue as an indigent person has been withdrawn, or where the suit is withdrawn or dismisses,—
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 (a) because the summons for the defendant to appear and answer has not been served upon him in
clear notice shall be given to the opposite party and the Government pleader) for receiving such evidence consequence of the failure of the plaintiff to pay the court-fee or postal charges (if any) chargeable for
as the applicant may adduce in proof of his indigency, and for hearing any evidence which may be such service 4[or to present copies of the plaint or concise statement], or
adduced in disproof thereof.
1
(b) because the plaintiff does not appear when the suit is called on for hearing,
7. Procedure at hearing.—(1) On the day so fixed or as soon thereafter as may be convenient the
Court shall examine the witnesses (if any) produced by either party, and may examine the applicant or his the Court shall order the plaintiff, or any person added as a co-plaintiff to the suit, to pay the court-fees
agent, and shall may 2[a full record of their evidence]. which would have been paid by the plaintiff if he had not been permitted to sue as 5[an indigent person].
3
[(1A) The examination of the witnesses under sub-rule (1) shall be confined to the matters specified 6
[11A. Procedure where indigent person’s suit abates.—Where the suit abates by reason of the
in clause (b), clause (c) and clause (e) of rule 5 but the examination of the applicant or his agent may death of the plaintiff or of any person added as a co-plaintiff, the Court shall order that the amount of
relate to any of the matters specified in rule 5.] court-fees which would have been paid by the plaintiff if he had not been permitted to sue as 2[an indigent
(2) The Court shall also hear any argument which the parties may desire to offer on the question person] shall be recoverable by the State Government from the estate of the deceased plaintiff.]
whether, on the face of the application and of the evidence (if any) taken by the Court 4[under rule 6 or
under this rule], the applicant is or is not subject to any of the prohibitions specified in rule 5.

1. Subs. by s. 81, ibid., for “pauper” (w.e.f. 1-2-1977).

1. The provisions of this rule so far as it relates to the making of a memorandum are not applicable to the Chief Court of Oudh, see Oudh 2. Subs. by s. 81, ibid., for “other then fees pay able for service of process” (w.e.f. 1-2-1977).
Courts Act, 1925 (U.P. Act 4 of 1925), s. 16 (2). 3. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “Government”.
2. Subs. by Act 104 of 1976, s. 81, for “a memorandum of the substance of their evidence” (w.e.f. 1 -2-1977). 4. Ins. by Act 104 of 1976, s. 81 (w.e.f. 1-2-1977).
3. Ins. by s. 81, ibid. (w.e.f. 1-2-1977). 5. Subs. by s. 81, ibid., for “pauper” (w.e.f. 1-2-1977).
4. Subs. by s. 81, ibid., for “as herein provided” (w.e.f. 1-2-1977). 6. Ins. by Act 24 of 1942, s. 2.

197 198

12. State Government may apply for payment of court-fees.— The 1[State Government] shall have ORDER XXXIV
the right at any time to apply to the Court to make an order for the payment of court-fees under rule 10, Suits relating to mortgages of immovable property
rule 11 or 2[rule 11A].
1. Parties to suits for foreclosure sale and redemption.—Subject to the provisions of this Code, all
13. State Government to be deemed a party.—All matters arising between the 4[State Government] persons having an interest either in the mortgage-security or in the right of redemption shall be joined as
and any party to the suit under rule 10, rule 11, 5[rule 11A] or rule 12 shall be deemed to be questions parties to any suit relating to the mortgage.
arising between the parties to the suit within the meaning of section 47. Explanation.—A puisne mortgagee may sue for foreclosure or for sale without making the prior
3
mortgagee a party to the suit; and a prior mortgagee need not be joined in a suit to redeem a subsequent
[14. Recovery of amount of court-fees.—Where an order is made under rule 10, rule 11 or rule mortgage.
11A, the court shall forthwith cause a copy of the decree or order to be forwarded to the Collector who 1
may, without prejudice to any other mode of recovery, recover the amount of court-fees specified therein [2. Preliminary decree in foreclosure suit.—(1) In a suit for foreclosure, if the plaintiff succeeds,
from the person or property liable for the payment as if it were an arrear or land revenue.] the Court shall pass a preliminary decree—
(a) ordering that an account be taken of what was due to the plaintiff at the date of such decree
15. Refusal to allow applicant to sue as an indigent person to bar subsequent application of like for—
nature.—An order refusing to allow the applicant to sue as 2[an indigent person] shall be a bar to any
(i) principal and interest on the mortgage,
subsequent application of the like nature by him in respect of the same right to sue; but the applicant shall
be at liberty to institute a suit in the ordinary manner in respect of such right; 4[provided that the plaint (ii) the costs of suit, if any, awarded to him, and
shall be rejected if he does not pay, either at the time of the institution of the suit or within such time (iii) other costs, charges and expenses properly incurred by him up to that date in respect of
thereafter as the Court may allow,] the costs (if any) incurred by the 4[State Government] and by the his mortgage-security, together with interest thereon; or
opposite party in opposing his application for leave to sue as 2[an indigent person].
(b) declaring the amount so due at that date; and
1
[15A. Grant of time for payment of court-fee.—Nothing contained in rule 5, rule 7 or rule 15 shall (c) directing—
prevent a Court, while rejecting an application under rule 5 or refusing an application under rule 7, from (i) that, if the defendant pays into Court the amount so found or declared due on or before
granting time to the applicant to pay the requisite court-fee within such time as may be fixed by the Court such date as the Court may fix within six months from the date on which the Court confirms and
or extended by it from time to time; and upon such payment and on payment of the costs referred to in countersigns the account taken under clause (a), or from the date on which such amount is
5
*** rule 15 within that time, the suit shall be deemed to have been instituted on the date on which the declared in Court under clause (b), as the case may be, and thereafter pays such amount as may be
application for permission to sue as an indigent person was presented.] 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 plaintiff
shall deliver up to the defendant, or to such person as the defendant appoints, all documents in his
16. Costs.—The costs of an application for permission to sue as an 6[indigent person] and of an possession or power relating to the mortgaged property, and shall, if so required, re-transfer the
inquiry into indigency shall be costs in the suit. property to the defendant at his cost free from the mortgage and from all incumbrances created by
7
[17. Defence by an indigent person.—Any defendant, who desire to plead a set-off or counter- the plaintiff or any person claiming under him, or, where the plaintiff claims by derived title, by
claim, may be allowed to set up such claim as an indigent person, and the rules contained in this Order those under whom he claims, and shall also, if necessary, put the defendant in possession of the
shall so far as may be, apply to him as if he were a plaintiff and his written statement were a plaint. property; and
18. Power of Government to provide for free legal services to indigent persons.—(1) Subject to (ii) that, if payment of the amount found or declared due under or by the preliminary decree is not
the provisions of this Order, the Central or State Government may make such supplementary provisions made on or before the date so fixed, or the defendant fails to pay, within such time as the Court
as it thinks fit for providing free legal services to those who have been permitted to sue as indigent may fix, the amount adjudged due in respect of subsequent costs, charges, expenses and interest,
the plaintiff shall be entitled to apply for a final decree debarring the defendant from all right to
persons.
redeem the property.
(2) The High Court may, with the previous approval of the State Government, make rules for
carrying out the supplementary provisions made by the Central or State Government for providing free (2) The Court may, on good cause shown and upon terms to be fixed by the Court, from time to time,
legal services to indigent persons referred to in sub-rule (1), and such rules may include the nature and at any time before a final decree is passed, extend the time fixed for the payment of the amount found or
extent of such legal services, the conditions under which they may be made available, the matters in declared due under sub-rule (1) or of the amount adjudged due in respect of subsequent costs, charges,
expenses and interest.
respect of which, and the agencies through which, such services may be rendered.]
(3) Where, in a suit for foreclosure, subsequent mortgagees or persons deriving title from, or
subrogated to the rights of, any such mortgagees are joined as parties, the preliminary decree shall
provide for the adjudication of the respective rights and liabilities of the parties to the suit in the manner
and form set forth in Form No. 9 or Form No. 10, as the case may be, of Appendix D with such variations
as the circumstances of the case may require.
1. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O.1937, for 3. Final decree in foreclosure suit.—(1) Where, before a final decree debarring the defendant from
“Government”. all right to redeem the mortgaged property has been passed, the defendant makes payment into Court of
2. Subs. by Act 24 of 1942, s. 2, for “or rule 11”. all amounts due from him under sub-rule (1) of rule 2, the Court shall, on application made by the
3. Subs. by s. 2, ibid., for the rule 14. defendant in this behalf, pass a final decree—
4. Subs. by Act 104 of 1976, s. 81, for “provided that he first pays” (w.e.f. 1-2-1977).
5. Omitted by Act 19 of 1988, s. 3 and the Second Schedule.
6. Subs. by Act 104 of 1976, s. 81, for “pauper” (w.e.f. 1-2-1977). 1. Subs by Act 21 of 1929, s. 4, for the rules 2 to 8.
7. Ins. by s. 81, ibid. (w.e.f. .1-2-1977).

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 (a) ordering the plaintiff to deliver up the documents referred to in the preliminary decree, and, if Where such deposit has been made, the purchaser shall be entitled to an order for repayment of the
necessary,— amount of the purchase-money paid into Court by him, together with a sum equal to five per cent. thereof.
(b) ordering him to re-transfer at the cost or the defendant the mortgaged property as directed in (3) Where payment in accordance with sub-rule (1) has not been made, the Court shall, on application
the said decree, and also, if necessary,— made by the plaintiff in this behalf, pass a final decree directing that the mortgaged property or a
sufficient part thereof be sold, and that the proceeds of the sale be dealt with in the manner provided in
(c) ordering him to put the defendant in possession of the property. sub-rule (1) of rule 4.
(2) Where payment in accordance with sub-rule (1) has not been made, the Court shall, on application 6. Recovery of balance due on mortgage in suit for sale.—Where the net proceeds of any sale held
made by the plaintiff in this behalf, pass a final decree declaring that the defendant and all persons under 1[rule 5] are found insufficient to pay the amount due to the plaintiff, the Court, on application by
claiming through or under him or debarred from all right to redeem the mortgaged property and also, if
him may, if the balance is legally recoverable from the defendant otherwise than out of the property sold,
necessary, ordering the defendant to put the plaintiff in possession of the property.
pass a decree for such balance.
(3) On the passing of a final decree under sub-rule (2), all liabilities to which the defendant is subject
7. Preliminary decree in redemption suit.—(1) In a suit for redemption, if the plaintiff succeeds,
in respect of the mortgage or on account of the suit shall be deemed to have been discharged.
the Court shall pass a preliminary decree—
4. Preliminary decree in suit for sale.—(1) In a suit for sale, if the plaintiff succeeds, the Court shall (a) ordering that an account be taken of what was due to the defendant at the date of such decree
pass a preliminary decree to the effect mentioned in clauses (a), (b) and (c) (i) of sub-rule (1) of rule 2, and for—
further directing that, in default of the defendant paying as therein mentioned, the plaintiff shall be entitled
to apply for a final decree directing that the mortgaged property or a sufficient part thereof be sold, and the (i) principal and interest on the mortgage,
proceeds of the sale (after deduction therefrom of the expenses of the sale) be paid into Court and applied in
payment of what has been found or declared under or by the preliminary decree due to the plaintiff, together (ii) the costs of suit, if any, awarded to him, and
with such amount as may have been adjudged due in respect of subsequent costs, charges, expenses and (iii) other costs, charges and expenses properly incurred by him up to that date, in respect of
interest, and the balance, if any, be paid to the defendant or other persons entitled to receive the same. mortgage-security, together with interest thereon; or
(2) The Court may, on good cause shown and upon terms to be fixed by the Court, from time to time, (b) declaring the amount so due at that date; and
at any time before a final decree for sale is passed, extend the time fixed for the payment of the amount
found or declared due under sub-rule (1) or of the amount adjudged due in respect of subsequent costs, (c) directing—
charges, expenses and interest. (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
(3) Power to decree sale in foreclosure-suit.—In a suit for foreclosure in the case of an anomalous countersigns the account taken under clause (a), or from the date on which such amount is
mortgage, if the plaintiff succeeds, the Court may, at the instance of any party to the suit or of any other declared in Court under clause (b), as the case may be, and thereafter pays such amount as may be
person interested in the mortgage-security or the right of redemption, pass a like decree (in lieu of a
adjudged due in respect of subsequent costs, charges and expenses as provided in rule 10,
decree for foreclosure) on such terms as it thinks fit, including the deposit in Court of a reasonable sum
fixed by the Court to meet the expenses of the sale and to secure the performance of the terms. 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
(4) Where, in a suit for sale or a suit foreclosure in which sale is ordered, subsequent mortgages or possession or power relating to the mortgaged property, and shall, if so required, retransfer the
persons deriving title from, or subrogated to the rights of, any such mortgagees are joined as parties, the property to the plaintiff at his cost free from the mortgage and from all encumbrances created by
preliminary decree referred to in sub-rule (1) shall provide for the adjudication of the respective rights and the defendant or any person claiming under him where the defendant claims by derived title, by
liabilities of the parties to the suit in the manner and form set forth in Form No. 9, Form No. 10 or Form No. those under whom the claims, and shall also, if necessary put the plaintiff in possession of the
11 as the case may be, of Appendix D with such variations as the circumstances of the case may require. property; and
5. Final decree in suit for sale.—(1) Where, on or before the day fixed or at any time before the (ii) that, if payment of the amount found or declared due under or by the preliminary decree is
confirmation of a sale made in pursuance of a final decree passed under sub-rule (3) of this rule, the not made on or before the date so fixed, or the plaintiff fails to pay, within such time as the Court
defendant makes payment into Court of all amounts due from him under sub-rule (1) of rule 4, the Court may fix, the amount adjudged due in respect of subsequent costs, charges, expenses and interest,
shall, on application made by the defendant in this behalf, pass a final decree or, if such decree has been the defendant shall be entitled to apply for a final decree—
passed, an order—
(a) in the case of a mortgage other than a usufructuary mortgage, a mortgage by
(a) ordering the plaintiff to deliver up the documents referred to in the preliminary decree, and, if conditional sale, or an anomalous mortgage the terms of which provide for foreclosure only
necessary,— and not for sale, that the mortgage property, be sold, or
(b) ordering him to transfer the mortgaged property as directed in the said decree, and, also, if (b) in the case of a mortgage by conditional sale or such an anomalous mortgage as
necessary,— aforesaid, that the plaintiff be debarred from all right to redeem the property.
(c) ordering him to put the defendant in possession of 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
(2) Where the mortgaged property or part thereof has been sold in pursuance of a decree passed under fixed for the payment of the amount found or declared due under sub-rule (1) or of the amount adjudged
sub-rule (3) of this rule, the Court shall not pass an order under sub-rule (1) of this rule, unless the due in respect of subsequent costs, charges, expenses and interest.
defendant, 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 8. Final decree in redemption suit.—(1) Where, before a final decree debarring the plaintiff from
purchaser. 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).

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1
pursuance of a final decree passed under sub-rule (3) of this rule, the plaintiff makes payment into [Provided that where the mortgagor, before or at the time of the institution of the suit, tenders or
Court of all amounts due from him under sub-rule (1) of rule 7, the Court shall, on application made by deposits the amount due on the mortgage, or such amount as is not subsequently deficient in the opinion
the plaintiff in this behalf, pass a final decree or, if such decree has been passed, an order— of the Court, he shall not be ordered to pay the costs of the suit to the mortgagee and the mortgagor shall
be entitled to recover his own costs of the suit from the mortgagee, unless the Court, for reasons to be
(a) ordering the defendant to delivery up the documents referred to in the preliminary decree,
recorded, otherwise directs.]
and, if necessary,— 2
[10A. Power of Court to direct mortgagee to pay mesne profits.—Where in a suit for foreclosure, the
(b) ordering him to re-transfer at the cost of the plaintiff the mortgaged property as directed in the mortgagor has, before or at the time of the institution of the suit, tendered or deposited the sum due on the
said decree, mortgage, or such sum as is not substantially deficient in the opinion of the Court, the Court shall direct the
and, also, if necessary,— mortgagee to pay to the mortgagor mesne profits for the period beginning with the institution of the suit].
(c) ordering him to put the plaintiff in possession of the property. 11. Payment of interest.—In any decree passed in a suit for foreclosure, sale or redemption, where
interest is legally recoverable, the Court may order payment of interest to the mortgagee as follows, namely:—
(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 (a) interest up to the date on or before which payment of the amount found or declared due is
plaintiff, in addition to the amount mentioned in sub-rule (1), deposits in Court for payment to the under the preliminary decree to be made by the mortgagor or other person redeeming the mortgage—
purchaser a sum equal to five per cent. of the amount of the purchase-money paid into Court by the
purchaser. (i) on the principal amount found or declared due on the mortgage,—at the rate payable on
the principal, or, where no such rate is fixed, at such rate as the Court deems reasonable,
Where such deposit has been made, the purchaser shall be entitled to an order for repayment of the
2
amount of the purchase-money paid into Court by him, together with a sum equal to five per cent. thereof. * * * * *and
(3) Where payment in accordance with sub-rule (1) has not been made, the Court shall, on application (iii) on the amount adjudged due to the mortgagee for costs, charges and expenses properly
made by the defendant in this behalf,— incurred by the mortgagee in respect of the mortgage-security up to the date of the preliminary
(a) in the case of a mortgage by conditional sale or of such an anomalous mortgage as is decree and added to the mortgage-money,—at the rate agreed between the parties or, failing such
hereinbefore referred to in rule 7, pass a final decree declaring that the plaintiff and all persons rate, 3[at such rate not exceeding six per cent. per annum as the Court deems reasonable]; and
claiming under him are debarred from all right to redeem the mortgaged property and, also, if 4
[(b) subsequent interest up to the date of realisation or actual payment on the aggregate of the
necessary, ordering the plaintiff to put the defendant in possession of the mortgaged property; or
principal sums specified in clause (a) as calculated in accordance with that clause at such rate as the
(b) in the case of any other mortgage, not being a usufructuary mortgage, pass final decree that Court deems reasonable.]
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 12. Sale of property subject to prior mortgage.—Where any property the sale of which is directed
what is found due to the defendant, and the balance, if any, be paid to the plaintiff or other persons under this Order is subject to a prior mortgage, the Court may, with the consent of the prior mortgagee,
entitled to receive the same.] direct that the property- be sold free from the same, giving to such prior mortgagee the same interest in the
proceeds of the sale as he had in the property sold.
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 13. Application of proceeds.—(1) Such proceeds shall be brought into Court and applied as
follows:—
application by him in execution], may, if the balance is legally recoverable from the plaintiff otherwise first, in payment of all expenses incident to the sale or properly incurred in any attempted
than out of the property sold, pass a decree for such balance.] sale;
9. Decree where nothing is found due or where mortgagee has been overpaid.—Notwithstanding secondly, in payment of whatever is due to the prior mortgagee on account of the prior mortgage,
anything hereinbefore contained, if it appears, upon taking the account referred to in rule 7, that nothing is and of costs, properly incurred in connection therewith;
due to the defendant or that he has been overpaid, the Court shall pass a decree directing the defendant, if so thirdly, in payment in all interest due on account of the mortgage in consequence whereof the sale
require, to re-transfer the property and to pay to the plaintiff the amount which may be found due to him; was directed, and of the costs of the suit in which the decree directing the sale was made;
and the plaintiff shall, if necessary, be put in possession of the mortgaged property.
fourthly, in payment of the principal money due on account of that mortgage; and
4
[10. Costs of mortgagee subsequent to decree.—In finally adjusting the amount to be paid to a lastly, the residue (if any) shall be paid to the person proving himself to be interested in the
mortgagee in case of a foreclosure, sale or redemption, the Court shall, unless in the case of costs of the property sold, or if there are more such persons than one, than two, to such persons according to their
suit the conduct of the mortgagee has been such as to disentitle him thereto, add to the mortgage-money respective interests therein or upon their joint receipt.
such costs of the suit and other costs, charges and expenses as have been properly incurred by him since
the date of the preliminary decree for foreclosure, sale or redemption up to the time of actual payment:] (2) Nothing in this rule or in rule 12 shall be deemed to affect the powers conferred by section 57 of
the Transfer of Property Act, 1882 (4 of 1882).

1. Ins. by Act 104 of 1976, s. 82 (w.e .f. 1-2-1977).

1. Ins. by Act 21 of 1929, s. 5. 2. Sub-clause (ii) omitted by Act 66 of 1956, s. 14 (w.e.f. 1-1-1957).
2. Subs. by Act 104 of 1976, s. 82, for “the last preceding rule” (w.e.f. 1-2-1977). 3. Subs. by s. 14, ibid., for certain words (w.e.f. 1-1-1957).
3. Subs. by s. 82, ibid., for “an application by him” (w.e.f. 1-2-1977). 4. Subs. by s. 14, ibid., for clause (b) (w.e.f. 1-1-1957).
4. Subs. by Act 21 of 1929, s. 6, for rules 10 and 11.

203 204
 14. Suit for sale necessary for bringing mortgaged property to sale.—(1) Where a mortgage has 5. Agents and tenants may not institute interpleader suits.—Nothing in this Order shall be deemed
obtained a decree for the payment of money in satisfaction of a claim arising under the mortgage, he shall to enable agents to sue their principals, or tenants to sue their landlords, for the purpose of compelling
not be entitled to bring the mortgaged property to sale otherwise than by instituting a suit for sale in them to interplead with any persons other than persons making claim through such principals or landlords.
enforcement of the mortgage, and he may institute such suit notwithstanding anything contained in
Order II, rule 2. Illustrations
(2) Nothing in sub-rule (1) shall apply to any territories to which the Transfer of Property Act, 1882
(4 of 1882), has not been extended. (a) A deposits a box of jewels with B as his agent. C alleges that the jewels were wrongfully obtained
from him by A, and claims them from B. B cannot institute an interpleader-suit against A and C.
1
[15. Mortgages by the deposit of title deeds and charges.—2[(1)] All the provisions contained in
this Order which apply to a simple mortgage shall, so far as may be, apply to a mortgage by deposit of (b) A deposits a box of jewels with B as his agent. He then writes to C for the purpose of making the
title-deeds within the meaning of section 58, and to a charge within the meaning of section 100 of the jewels a security for a debt due from himself to C. A afterwards alleges that C’s debt is satisfied, and
Transfer of Property Act, 1882 (4 of 1882); C alleges the contrary. Both claim the jewels from B. B may institute in interpleader-suit against A and C.
3
[(2) Where a decree orders payment of money and charges it on immovable property on default of 6. Charge for plaintiff’s costs.—Where the suit is properly instituted the Court may provide for the
payment, the amount may be realised by sale of that property in execution of that decree.]
costs of the original plaintiff by giving him a charge on the thing claimed or in some other effectual way.
ORDER XXXV
ORDER XXXVI
INTERPLEADER
SPECIAL CASE
1. Plaint in interpleader-suit.—In every suit of interpleader the plaint shall, in addition to the other
statements necessary for plaints, state— 1. Power to state case for Court’s opinion.—(1) Parties claiming to be interested in the decision of
any question of fact or law may enter into an agreement in writing stating such question in the form of a
(a) that the plaintiff claims no interest in the subject-matter in dispute other than for
case for the opinion of the Court, and providing that, upon the finding of the Court with respect to such
charges or costs;
question,—
(b) the claims made by the defendants severally; and
(a) a sum of money fixed by the parties or to be determined by the Court shall be paid by one of
(c) that there is no collusion between the plaintiff and any of the defendants.
the parties to the other of them; or
2. Payment of thing claimed into Court.—Where the thing claimed is capable of being paid into
Court or placed in the custody of the Court, the plaintiff may be required to so pay or place it before he (b) some property, movable or immovable, specified in the agreement, shall be delivered by one
can be entitled to any order in the suit. of the parties to the other of them; or
3. Procedure where defendant is suing plaintiff.—Where any of the defendants in an
interpleader-suit is actually suing the plaintiff in respect the subject-matter of such suit, the Court in (c) one or more of the parties shall do, or refrain from doing, some other particular act specified
which the suit against the plaintiff is pending shall, on being informed by the Court in which the in the agreement.
interpleader-suit has been instituted, stay the proceedings as against him; and his costs in the suit so (2) Every case stated under this rule shall be divided into consecutively numbered paragraphs, and
stayed may be provided for in such suit; but if, and in so far as, they are not provided for in that suit,
they may be added to his costs incurred in the interpleader-suit. shall concisely state such facts and specify such documents as may be necessary to enable the Court to
decide the question raised thereby.
4. Procedure at first hearing.—(1) At the first hearing the Court may—
2. Where value of subject-matter must be stated.—Where the agreement is for the delivery of any
(a) declare that the plaintiff is discharged from all liability to the defendants in respect of the property, or for the doing, or the refraining from doing, any particular act, the estimated value of the
thing claimed, award him his costs, and dismiss him from the suit; or property to be delivered, or to which the act specified has reference, shall be stated in the agreement.
(b) if it thinks that justice or convenience so require, retain all parties until the final disposal of 3. Agreement to be filed and registered as suit.—(1) The agreement, if framed in accordance with
the suit. the rules hereinbefore contained, may be filed 1[with an application] in the Court which would have
jurisdiction to entertain a suit, the amount or value of the subject-matter of which is the same as the
(2) Where the Court finds that the admission of the parties or other evidence enable it to do so, it may amount or value of the subject-matter of the agreement.
adjudicate the title to the thing claimed. (2) 2[The application] when so filed, shall be numbered and registered as a suit between one or more
of the parties claiming to be interested as plaintiff or plaintiffs, and the other or the others of them as
(3) Where the admissions of the parties do not enable the Court so to adjudicate, it may direct—
defendant or defendants; and notice shall be given to all the parties to the agreement, other than the party
(a) that an issue or issues between the parties be framed and tried, and or parties by whom 3[the application was presented.]
4. Parties to be subject to Court’s jurisdiction.—Where the agreement has been filed, the parties to
(b) that any claimant be made a plaintiff in lieu of or in addition to the original plaintiff, it shall be subject to the jurisdiction of the Court and shall be bound by the statements contained therein.
and shall proceed to try the suit in the ordinary, manner. 5. Hearing and disposal of case.—(1) The case shall be set down for hearing as a suit instituted in the
ordinary manner, and the provisions of this Code shall apply to such suit so far as the same are applicable.

1. Subs. by Act 21 of 1929, s. 7, for rule 15.

2. Rule 15 renumbered as sub -rule (1) by Act 104 of 1976, s. 82 (w.e.f. 1-2-1977). 1. Ins. by Act 104 of 1976, s. 83 (w.e.f. 1-2-1977).
3. Ins. by s. 82, ibid. (w.e.f. 1-2-1977). 2. Subs. by s. 83, ibid., for “The agreement” (w.e.f. 1-2-1977).
3. Subs. by s. 83, ibid., for “it was presented” (w.e.f. 1-2.1977).

205 206

(2) Where the Court is satisfied, after examination of the parties, or after taking such evidence as it and the plaintiff shall be entitled to a decree for any sum, not exceeding the sum mentioned in the
thinks fit— summons, together with interest at the rate specified, if any, up to the date of the decree and such sum for
(a) that the agreement was duly executed by them, costs as may be determined by the High Court from time to time by rules made in that behalf and such
decree may be executed forthwith.]
(b) that they have a bona fide interest in question stated therein, and
1
[3. Procedure for the appearance of defendant—(1) In a suit to which this Order applies, the plaintiff
(c) that the same is fit to be decided,
shall, together with the summons under rule 2, serve on the defendant a copy of the plaint and annexures
it shall proceed to pronounce judgment thereon, in the same way as in an ordinary suit, and upon the thereto and the defendant may, at any time within ten days of such service, enter an appearance either in
judgment so pronounced a decree shall follow. person or by pleader and, in either case, he shall file in Court an address for service of notices on him.
1
[6. No appeal from a decree passed under rule 5.—No appeal shall lie from a decree passed under (2) Unless otherwise ordered, all summonses, notices and other judicial processes, required to be
rule 5.] served on the defendant, shall be deemed to have been duly served on him if they are left at the address
ORDER XXXVII given by him for such service.
SUMMARY PROCEDURE 2*** (3) On the day of entering the appearance, notice of such appearance shall be given by the defendant
3
[1. Courts and classes of suits to which the Order is to apply.—(1) This Order shall apply to the to the plaintiff’s pleader, or, if the plaintiff sues in person, to the plaintiff himself, either by notice
following Courts, namely:— delivered at or sent by a pre-paid letter directed to the address of the plaintiff's pleader or of the plaintiff,
(a) High Courts, City Civil Courts and Courts of Small Causes; and as the case may be.
(b) other Courts: (4) If the defendant enters an appearance, the plaintiff shall thereafter serve on the defendant a
summons for judgment in Form No. 4A in Appendix B or such other Form as may be prescribed from
Provided that in respect of the Courts referred to in clause (b), the High Court may, by notification in time to time, returnable not less than ten days from the date of service supported by an affidavit verifying
the Official Gazette, restrict the operation of this Order only to such categories of suits as it deems proper, the cause of action and the amount claimed and stating that in his belief there is no defence to the suit.
and may also, from time to time, as the circumstances of the case may require, by subsequent notification
in the Official Gazette, further restrict, enlarge or vary, the categories of suits to be brought under the (5) The defendant may, at any time within ten days from the service of such summons for judgment,
operation of this Order as it deems proper. by affidavit or otherwise disclosing such facts as may be deemed sufficient to entitle him to defend, apply
(2) Subject to the provisions of sub-rule (1), the Order applies to the following classes of suits, on such summons for leave to defend such suit, and leave to defend may be granted to him
namely:— unconditionally or upon such terms as may appear to the Court or Judge to be just:

(a) suits upon bills of exchange, hundies and promissory notes; Provided that leave to defend shall not be refused unless the Court is satisfied that the facts disclosed
by the defendant do not indicate that he has a substantial defence to raise or that the defence intended to
(b) suits in which the plaintiff seeks only to recover a debt or liquidated demand in money be put up by the defendant is frivolous or vexatious:
payable by the defendant, with or without interest, arising,—
(i) on a written contract, or Provided further that, where a part of the amount claimed by the plaintiff is admitted by the defendant
to be due from him, leave to defend the suit shall not be granted unless the amount so admitted to be due
(ii) on an enactment, where the sum sought to be recovered is a fixed sum of money or in the is deposited by the defendant in Court.
nature of a debt other than a penalty; or
(6) At the hearing of such summons for judgment,—
(iii) on a guarantee, where the claim against the principal is in respect of a debt or liquidated
demand only.] (a) if the defendant has not applied for leave to defend, or if such application has been made and
4 is refused, the plaintiff shall be entitled to judgment forthwith; or
[2. Institution of summary suits.—(1) A suit, to which this Order applies, may if the plaintiff
desires to proceed hereunder, be instituted by presenting a plaint which shall contain,— (b) if the defendant is permitted to defend as to the whole or any part of the claim, the Court or
(a) a specific averment to the effect that the suit is filed under this Order; Judge may direct him to give such security and within such time as may be fixed by the Court or Judge
and that, on failure to give such security within the time specified by the Court or Judge or to carry out
(b) that no relief, which does not fall within the ambit of this rule, has been claimed in the plaint; such other directions as may have been given by the Court or Judge, the plaintiff shall be entitled to
and judgment forthwith.
(c) the following inscription, immediately below the number of the suit in the title of the suit, (7) The Court or Judge may, for sufficient cause shown by the defendant, excuse the delay of the
namely :— defendant in entering an appearance or in applying for leave to defend the suit.]
“(Under Order XXXVII of the Code of Civil Procedure, 1908).”
4. Power to set aside decree.—After decree the Court may, under special circumstances set aside
(2) The summons of the suit shall be in Form No. 4 in Appendix B or in such other Form as may, the decree, and if necessary stay or set aside execution, and may give leave to the defendant to appear to
from time to time, be prescribed. the summons and to defend the suit, if it seems reasonable to the Court so to do, and on such terms as the
Court thinks fit.
(3) The defendant shall not defend the suit referred to in sub-rule (1) unless he enters an appearance
and in default of his entering an appearance the allegations in the plaint shall be deemed to be admitted 5. Power to order bill, etc., to be deposited with officer of Court.—In any proceeding under this
Order the Court may order the bill, hundi or note on which the suit is founded to be forthwith deposited
1. Ins. by s. 83, ibid. (w.e.f. 1-2-1977).
2. The words “On Negotiable Instruments” omitted by s. 84, ibid. (w.e.f. 1-2-1977).
3. Subs. by s. 84, ibid., for rule 1 (w.e.f. 1-2-1977).
4. Subs. by Act 104 of 1976, s. 84, for rule 2 (w.e.f. 1-2-1977). 1. Subs. by s. 84, ibid., for rule 3 (w.e.f. 1-2-1977).

207 208
with an officer of the Court, and may further order that all proceedings shall be stayed until the plaintiff (3) On the appearance of the defendant in pursuance of the summons or warrant, or on his voluntary
gives security for the costs thereof. surrender, the Court shall direct the surety to be discharged from his obligation, and shall call upon the
defendant to find fresh security.
6. Recovery of cost of noting non-acceptance of dishonoured bill or note.—The holder of every
dishonoured bill of exchange or promissiory note shall have the same remedies for the recovery of the 4. Procedure where defendant fails to furnish security or find fresh security.—Where the defendant
expenses incurred in noting the same for non-acceptance or non-payment, or otherwise, by reason of fails to comply with any order under rule 2 or rule 3, the Court may commit him to the civil prison until the
such dishonour, as he has under this Order for the recovery of the amount of such bill or note. decision of the suit or, where a decree is passed against the defendant, until the decree has been satisfied:
Provided that no person shall be detained in prison under this rule in any case for a longer period than
7. Procedure in suits.—Save as provided by this Order, the procedure in suits hereunder shall be the six months, nor for a longer period than six weeks when the amount or value of the subject-matter of the
same as the procedure in suits instituted in the ordinary manner. suit does not exceed fifty rupees:
ORDER XXXVIII Provided also that no person shall be detained in prison under this rule after he has complied with
such order.
ARREST AND ATTACHMENT BEFORE JUDGMENT
Attachment before judgment
Arrest before judgment 5. Where defendant may be called upon to furnish security for production of
property.—(1) Where, at any stage of a suit, the Court is satisfied, by affidavit or otherwise, that the
1. Where defendant may be called upon to furnish security for appearance.—Where at any defendant, with intent to obstruct or delay the execution of any decree that may be passed against him,—
stage of a suit, other than a suit of the nature referred to in section 16, clauses (a) to (d), the Court is
satisfied, by affidavit or otherwise,— (a) is about to dispose of the whole or any part of his property, or
(b) is about to remove the whole or any part of his property from the local limits of the
(a) that the defendant, with intent to delay the plaintiff, or to avoid any process of the Court or to jurisdiction of the Court,
obstruct or delay the execution of any decree that may be passed against him,—
the Court may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum
(i) has absconded or left the local limits of the jurisdiction of the Court, or as may be specified in the order, to produce and place at the disposal of the Court, when required, the said
property or the value of the same, or such portion thereof as may be sufficient to satisfy the decree, or to
(ii) is about to abscond or leave the local limits of the jurisdiction of the Court, or appear and show cause why he should not furnish security.
(iii) has disposed of or removed from the local limits of the jurisdiction of the Court his (2) The plaintiff shall, unless the Court otherwise directs, specify the property required to be attached
property or any part thereof, or and the estimated value thereof.
(3) The Court may also in the order direct the conditional attachment of the whole or any portion of
(b) that the defendant is about to leave 1[India] under circumstances affording reasonable
the property so specified.
probability that the plaintiff will or may thereby be obstructed or delayed in the execution of any
decree that may be passed against the defendant in the suit, 1
[(4) If an order of attachment is made without complying with the provisions of sub-rule (1) of this
rule, such attachment shall be void.]
the Court may issue a warrant to arrest the defendant and bring him before the Court to show cause why
he should not furnish security for his appearance: 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
Provided that the defendant shall not be arrested if he pays to the officer entrusted with the execution of fixed by the Court, the Court may order that the property specified, or such portion thereof as appears
the warrant any sum specified in the warrant as sufficient to satisfy the plaintiff's claim; and such sum shall sufficient to satisfy any decree which may be passed in the suit, be attached.
be held in deposit by the Court until the suit is disposed of or until the further order of the Court. (2) Where the defendant shows such cause or furnishes the required security, and the property
2. Security.—(1) Where the defendant fails to show such cause the Court shall order him either to specified or any portion of it has been attached, the Court shall order the attachment to be withdrawn, or
deposit in Court money or other property sufficient to answer the claim against him, or to furnish security make such other order as it thinks fit.
for his appearance at any time when called upon while the suit is pending and until satisfaction of any
7. Mode of making attachment.—Save as otherwise expressly provided, the attachment shall be
decree that may be passed against him in the suit, or make such order as it thinks fit in regard to the sum
which may have been paid by the defendant under the proviso to the last preceding rule. made in the manner provided for the attachment of property in execution of a decree.
2
(2) Every surety for the appearance of a defendant shall bind himself, in default of such appearance, [8. Adjudication of claim to property attached before judgment.—Where any claim is preferred to
to pay any sum of money which the defendant may be ordered to pay in the suit. 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.]
3. Procedure on application by surety to be discharged.—(1) A surety for the appearance of a defendant
may at any time apply to the Court in which he became such surety to be discharged from his obligation. 9. Removal of attachment when security furnished or suit dismissed.—Where an order is made
for attachment before judgment, the Court shall order the attachment to be withdrawn when the defendant
(2) On such application being made, the Court shall summon the defendant to appear or, if it thinks furnishes the security required, together with security for the cost of the attachment, or when the suit is
fit, may issue a warrant for his arrest in the first instance. dismissed.

1. Ins. by Act 104 of 1976, s. 85 (w.e.f. 1-2-1977).

1. Subs. by Act 2 of 1951, s. 3, for “the States”. 2. Subs. by Act 104 of 1976, s. 85, for rule 8 (w.e.f. 1-2-1977).

209 210

10. Attachment before judgment not to affect rights of strangers, nor bar decree-holder from (2) The Court may by order grant such injunction, on such terms as to the duration of the injunction,
applying for sale.—Attachment before judgment shall not affect the rights, existing prior to the keeping an account, giving security, or otherwise, as the Court thinks fit.
attachment, of persons not parties to the suit, nor bar any person holding a decree against the defendant
1
from applying for the sale of the property under attachment in execution of such decree. * * * * *
1
11. Property attached before judgment not to be re-attached in execution of decree.—Where [2A. Consequence of disobedience or breach of injunction.—(1) In the case of disobedience of
property is under attachment by virtue of the provisions of this order decree is subsequently passed in any injunction granted or other order made under rule 1 or rule 2 or breach of any of the terms on which
favour of the plaintiff, it shall not be necessary upon an application for execution of such decree to apply the injunction was granted or the order made, the Court granting the injunction or making the order, or
for a re-attachment of the property. any Court to which the suit or proceeding is transferred, may order the property of the person guilty of
1 such disobedience or breach to be attached, and may also order such person to be detained in the civil
[11A. Provisions applicable to attachment.—(1) The provisions of this Code applicable to an
prison for a term not exceeding three months, unless in the meantime the Court directs his release.
attachment made in execution of a decree shall, so far as may be, apply to an attachment made before
judgment which continues after the judgment by virtue of the provisions of rule 11. (2) No attachment made under this rule shall remain in force for more than one year, at the end of
(2) An attachment made before judgment in a suit which is dismissed for default shall not become which time, if the disobedience or breach continues, the property attached may be sold and out of the
revived merely by reason of the fact that the order for the dismissal of the suit for default has been set proceeds, the Court may award such compensation as it thinks fit to the injured party and shall pay the
aside and the suit has been restored.] balance, if any, to the party entitled thereto.]

12. Agricultural produce not attachable before judgment.—Nothing in this Order shall be deemed 3. Before granting injunction, Court to direct notice to opposite party.—The Court shall in all
to authorise the plaintiff to apply for the attachment of any agricultural produce in the possession of an cases, except where it appears that the object of granting the injunction would be defeated by the delay,
agriculturist, or to empower the Court to order the attachment or production of such produce. before granting an injunction, direct notice of the application for the same to be given to the opposite
2
party:
[13. Small Cause Court not to attach immovable property.—Nothing in this Order shall be
deemed to empower any Court of Small Causes to make an order for the attachment of immovable 1
[Provided that, where it is proposed to grant an injunction without giving notice of the application to
property.] the opposite party, the Court shall record the reasons for its opinion that the object of granting the
ORDER XXXIX injunction would be defeated by delay, and require the applicant—

TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS (a) to deliver to the opposite party, or to send to him by registered post, immediately after the
order granting the injunction has been made, a copy of the application for injunction together with—
Temporary injunctions
(i) a copy of the affidavit filed in support of the application;
1. Cases in which temporary injunction may be granted.—Where in any suit it is proved by
affidavit or otherwise— (ii) a copy of the plaint; and
(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by
any party to the suit, or wrongfully sold in execution of a decree, or (iii) copies of documents on which the applicant, relies, and

(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to (b) to file, on the day on which such injunction is granted or on the day immediately following
3
[defrauding] his creditors, that day, an affidavit stating that the copies aforesaid have been so delivered or sent.]
4 1
[(c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the [3A. Court to dispose of application for injunction within thirty days.—Where an injunction has
plaintiff in relation to any property in dispute in the suit,] been granted without giving notice to the opposite party, the Court shall make an endeavour to finally
dispose of the application within thirty days from the date on which the injunction was granted; and
the Court may by order grant a temporary injunction to restrain such act, or make such other order for the where it is unable so to do, it shall record its reasons for such inability.]
purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the
property 5[or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any 4. Order for injunction may be discharged, varied or set aside.—Any order for an injunction may
property in dispute in the suit] as the Court thinks fit, until the disposal of the suit or until further orders. be discharged, or varied, or set aside by the Court, on application made thereto by any party dissatisfied
with such order:
2. Injunction to restrain repetition or continuance of breach.—(1) In any suit for restraining the 2
[Provided that if in an application for temporary injunction or in any affidavit supporting such application,
defendant from committing a breach of contract or other injury of any kind, whether compensation is
a party has knowingly made a false or misleading statement in relation to a material particular and the
claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either injunction was granted without giving notice to the opposite party, the Court shall vacate the injunction unless,
before or after judgment, apply to the Court for a temporary injunction to restrain the defendant from for reasons to be recorded, it considers that it is not necessary so to do in the interests of justice:
committing the breach of contract or injury complained, of, or any breach of contract or injury of a like
kind arising out of the same contract or relating to the same property or right. Provided further that where an order for injunction has been passed after giving to a party an
opportunity of being heard, the order shall not be discharged, varied or set aside on the application of that
party except where such discharge, variation or setting aside has been necessitated by a change in the
1. Ins. by s. 85, ibid. (w.e.f. 1-2-1977). circumstances, or unless the Court is satisfied that the order has caused undue hardship to that party.]
2. Ins. by Act 1 of 1926, s. 4.
3. Subs. by Act 104 of 1976, s. 86, for “defraud” (w.e.f. 1 -2-1977).
4. Ins. by s. 86, ibid. (w.e.f. 1-2-1977). 1. Sub-rules (3) and (4) omitted by s. 86, ibid. (w.e.f. 1-2-1977).
5. Ins. by Act 104 of 1976, s. 86 (w.e.f. 1-2-1977). 2. Ins. by Act 104 of 1976, s. 86 (w.e.f. 1-2-1977).

211 212
 5. Injection to corporation binding on its officer.—An injunction directed to a corporation is “provided that no such injunction shall be granted —
binding not only on the corporation itself, but also on all members and officers of the corporation whose (a) where no perpetual injunction could be granted in view of the provisions of section 38 and
personal action it seeks to restrain. section 41 of the Specific Relief Act, 1963, or
Interlocutory orders (b) to stay the operation of an order for, transfer, suspension, reduction in rank, compulsory
retirement, dismissal, removal or otherwise termination of service of, or taking charge from, any
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 employee including any employee of the Government, or
movable property, being the subject-matter of such suit, or attached before judgment in such suit, which is (c) to say, any disciplinary proceeding pending or intended or, the effect of any adverse entry,
subject to speedy and natural delay, or which for any other just and sufficient cause, it may be desirable to against any employee of the Government, or
have sold at once.
(d) to affect the internal management or affairs of, any educational institution including a
7. Detention, preservation, inspection, etc., of subject-matter of suit.—(1) The Court may, on the University, or a society, or
application of any party to a suit, and on such terms as it thinks fit,—
(e) to restrain any election, or
(a) make an order for the detention, preservation or inspection of any property which is the
(f) to restrain, any auction intended to be made or, the effect of any auction made, by the
subject-matter of such suit, or as to which any question may arise therein;
Government, or
(b) for all or any of the purposes aforesaid authorise any person to enter upon or into any land or (g) to stay the proceedings for the recovery of any dues recoverable as land revenue unless adequate
building in the possession of any other party to such suit; and security is furnished, or
(c) for all or any of the purposes aforesaid authorise any samples to be taken, or any observation (h) in any matter where a reference can be made to the Chancellor of a University under any
to be made or experiment to be tried, which may seem necessary or expendient for the purpose of enactment for the time being in force ;
obtaining full information or evidence.
and any order for injunction granted in contravention of these provisions shall be void.” ;
(2) The provisions as to execution of process shall apply, mutatis mutandis, to persons authorised to
enter under this rule. (b) in rule 4 —

(i) after the words “by the court”, the words “for reasons to be recorded, either on its own
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. motion or” shall be inserted ;

(ii) at the end, the following proviso shall be inserted, namely:—

(2) An application by the defendant for a like order may be made 2*** at any time after appearance.
1
“Provided that if at any stage of the suit it appears to the Court that the party in whose favour
[(3) Before making an order under rule 6 or rule 7 on an application made for the purpose, the Court the order of injunction exists is dilating the proceeding or is otherwise abusing the process of Court, it
shall, except where it appears that the object of making such order would be defeated by the delay, direct
shall set aside the order for injunction.”
notice thereof to be given to the opposite party.]
[Vide Uttar Pradesh Act 57 of 1976, s. 13]
9. When party may be put in immediate possession of land the subject-matter of suit.—Where
land paying revenue to Government, or a tenure liable to sale, is the subject-matter of a suit, if the party in Uttar Pradesh
possesion of such land or tenure neglects to pay the Government revenue, or the rent due to the proprietor Amendment of order XXXIX of First Schedule.— In the First Schedule to the said Code, in Order XXXIX, in
of the tenure, as the case may be, and such land or tenure is consequently ordered to be sold, any other rule 2, in sub-rule (2), in the proviso, clause (d) shall be omitted.
party to the suit claiming to have an interest in such land or tenure may, upon payment of the revenue or
[Vide Uttar Pradesh Act 17 of 1991, s. 8]
rent due previously to the sale (and with or without security at the discretion of the Court), be put in
immediate possession of the land or tenure; ORDER XL
and the Court in its decree may award against the defaulter the amount so paid, with interest thereon APPOINTMENT OF RECEIVERS
at such rate as the Court thinks fit, or may charge the amount so paid, with interest thereon at such rate as 1. Appointment of receivers.—(1) Where it appears to the Court to be just and convenient, the Court
the Court orders, in any adjustment of accounts which may be directed in the decree passed in the suit. may by order—
10. Deposit of money, etc., in Court.—Where the subject-matter of a suit is money or some other (a) appoint a receiver of any property, whether before or after decree;
thing capable of delivery and any party thereto admits that he holds such money or other thing as a (b) remove any person from the possession or custody of the property;
trustee for another party, or that it belongs or is due to another party, the Court may order the same to
be deposited in Court or delivered to such last-named party, with or without security, subject to the (c) commit the same to the possession, custody or management of the receiver; and
further direction of the Court. (d) confer upon the receiver all such powers, as to bringing and defending suits and for the
STATE AMENDMENT realisation, management, protection, preservation and improvement of the property, the collection of
the rents and profits thereof, the application and disposal of such rents and profits, and the execution
Uttar Pradesh of documents as the owner himself has, or such of those powers as the Court thinks fit.
Amendment of Order XXXIX.— In the First Schedule, in Order XXXIX — (2) Nothing in this rule shall authorise the Court to remove from the possession or custody of
(a) in rule 2, in sub-rule (2) the following proviso shall be inserted, namely :— property any person whom any party to the suit has not a present right so to remove.
2. Remuneration.—The Court may by general or special order fix the amount to be paid as
1. The words “after notice to the defendant” omitted by s. 86, ibid. (w.e.f. 1-2-1977). remuneration for the services of the receiver.
2. The words “after notice to the plaintiff” omitted by s. 86, ibid. (w.e.f. 1-2-1977).

213 214

1
3. Duties.—Every receiver so appointed shall— [3A. Application for condonation of delay.—(1) When an appeal is presented after the expiry of
(a) furnish such security (if any) as the Court thinks fit, duly to account for what he shall receive the period of limitation specified therefore, it shall be accompanied by an application supported by
in respect of the property; affidavit setting forth the facts on which the appellant relies to satisfy the Court that he had sufficient
cause for not preferring the appeal within such period.
(b) submit his accounts at such periods and in such form as the Court directs;
(c) pay the amount due from him as the Court directs; and (2) If the Court sees no reason to reject the application without the issue of a notice to the respondent,
notice hereof shall be issued to the respondent and the matter shall be finally decided by the Court before
(d) be responsible for any loss occasioned to the property by his wilful default or gross
it proceeds to deal with the appeal under rule 11 or rule 13, as the case may be.
negligence.
4. Enforcement of receiver’s duties.—Where a receiver— (3) Where an application has been made under sub-rule (1), the Court shall not make an order fact the
stay of execution of the decree against which the appeal is proposed to be filed so long as the Court does
(a) fails to submit his accounts at such periods and in such form as the Court directs, or
not, after hearing under rule 11, decide to hear the appeal.]
(b) fails to pay amount due from him as the Court directs, or
4. One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds
(c) occasions loss to the property by his wilful default or gross negligence,
on ground common to all.—Where there are more plaintiffs or more defendants than one in a suit, and
the Court may direct his property to be attached and may sell such property, and may apply the proceeds the decree appealed from proceeds on any ground common to all the plaintiffs or to all the defendants,
to make good any amount found to be due from him or any loss occasioned by him, and shall pay the any one of the plaintiffs or of the defendants may appeal from the whole decree, and thereupon the
balance (if any) to the receiver. Appellate Court may reverse or vary the decree in favour of all the plaintiffs or defendants, as the case
5. When Collector may he appointed receiver.—Where the property is land paying revenue to the may be.
Government, or land of which the revenue has been assigned or redeemed, and the Court considers that
Stay of proceedings and of execution
the interests of those concerned will be promoted by the management of the Collector, the Court may,
with the consent of the Collector, appoint him to be receiver of such property. 5. Stay by Appellate Court.—(I) An appeal shall not operate as a stay of proceedings under a decree
ORDER XLI or order appealed from except so far as the Appellate Court may order, nor shall execution of a decree be
stayed by reason only of an appeal having been preferred from the decree; but the Appellate Court may
APPEALS FROM ORIGINAL DECREES
for sufficient cause order stay of execution of such decree.
1. Form of appeal What to accompany memorandum.—(1) Every appeal shall be preferred in the
1
form of a memorandum signed by the appellant or his pleader and presented to the Court or to such [Explanation.—An order by the Appellate Court for the stay of execution of the decree shall be
officer as it appoints in this behalf. The memorandum shall be accompanied by a copy of the 1[Judgment]. effective from the date of the communication of such order to the Court of first instance, but an
2 affidavit sworn
[Provided that where two or more suits have been tried together and a common judgment has been
delivered therefor and two or more appeals are filed against any decree covered by that judgment, by the appellant, based on his personal knowledge, stating that an order for the stay of execution of the
whether by the same appellant or by different appellants, the Appellate Court may dispense with the filing decree has been made by the Appellate Court shall, pending the receipt from the Appellate Court of the
of more than one copy of the judgment.] order for the stay of execution or any order to the contrary, be acted upon by the Court of first instance.]
(2) Stay by Court which passed the decree.—Where an application is made for stay of execution of
(2) Contents of memorandum.—The memorandum shall set forth, concisely and under distinct
an appealable decree before the expiration of the time allowed for appealing therefrom, the Court which
heads, the grounds of objection to the decree appealed from without any argument or narrative; and such
passed the decree may on sufficient cause being shown order the execution to be stayed.
grounds shall be numbered consecutively.
1
(3) No order for stay of execution shall be made under sub-rule (1) or sub-rule (2) unless the Court
[(3) Where the appeal is against a decree for payment of money, the appellant shall, within such time making it is satisfied—
as the Appellate Court may allow, deposit the amount disputed in the appeal or furnish such security in
respect thereof as the Court may think fit.] (a) that substantial loss may result to the party applying for stay of execution unless the order is
made;
2. Grounds which may be taken in appeal.—The appellant shall not, except by leave of the Court, (b) that the application has been made without unreasonable delay; and
urge or be heard in support of any ground of objection not set forth in the memorandum of appeal; but the
Appellate Court, in deciding the appeal, shall not be confined to the grounds of objections set forth in the (c) that security has been given by the applicant for the due performance of such decree or order
memorandum of appeal or taken by leave of the Court under this rule: as may ultimately be binding upon him.
(4) 1[Subject to the provision of sub-rule (3),] the Court may make an ex parte order for stay of
Provided that the Court shall not rest its decision on any other ground unless the party who may be
execution pending the hearing of the application.
affected thereby has had a sufficient opportunity of contesting the case on that ground.
2
[(5) Notwithstanding anything contained in the foregoing sub-rules, where the appellant fails to
3. Rejection or amendment of memorandum.—(1) Where the memorandum of appeal is not drawn make the deposit or furnish the security specified in sub-rule (3) of rule 1, the Court shall not make an
up in the manner hereinbefore prescribed, it may be rejected, or be returned to the appellant for the order staying the execution of the decree.]
purpose of being amended within a time to be fixed by the Court or be amended then and there.
6. Security in case of order for execution of decree appealed from.—(1) Where an order is made
(2) Where the Court rejects any memorandum, it shall record the reasons for such rejection. for the execution of a decree from which an appeal is pending, the Court which passed the decree shall,
(3) Where a memorandum of appeal is amended, the judge, or such officer as he appoints in this on sufficient cause being shown by the appellant, require security to be taken for the restitution of any
behalf, shall sign or initial the amendment. property which may be or has been taken in execution of the decree or for the payment of the value of

1. Subs. by Act 46 of 1999, s. 31, for certain words, (w.e.f. 1-7-2002). 1. Subs. by Act 104 of 1976, s. 87, for certain words (w.e.f. 1-2-1977).
2. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977). 2. Ins. by s. 87, ibid. (w.e.f. 1-2-1977).

215 216
such property and for the due performance of the decree or order of the Appellate Court, or the Appellate 14. Publication and service of notice of day for hearing appeal.—(1) Notice of the day fixed under
Court may for like cause direct the Court which passed the decree to take such security. rule 12 shall be affixed in the Appellate Court-house, and a like notice shall be sent by the Appellate
(2) Where an order has been made for the sale of immovable property in execution of a decree, and an Court to the Court from whose decree the appeal is preferred, and shall be served on the respondent or on
appeal is pending from such decree, the sale shall, on the application of the judgment-debtor to the Court his pleader in the Appellate Court in the manner provided for the service on a defendant of a summons to
which made the order, be stayed on such terms as to giving security or otherwise as the Court thinks fit appear and answer, and all the provisions applicable to such summons, and to proceedings with reference
until the appeal is disposed of. to the service thereof, shall apply to the service of such notice.
7. 1[No security to be required from the Government or a public officer in certain cases.] Rep. by the (2) Appellate Court may itself cause notice to be served.—Instead of sending the notice to the
A.O. 1937. Court from whose decree the appeal is preferred, the Appellate Court may itself cause the notice to be
served on the respondent or his pleader under the provisions above referred to.
8. Exercise of power in appeal from order made in execution of decree.—The powers conferred 2
by rules 5 and 6 shall be exercisable where an appeal may be or has been preferred not from the decree [(3) The notice to be served on the respondent shall be accompanied by a copy of the memorandum
but from an order made in execution of such decree. of appeal.
Procedure on admission of appeal (4) Notwithstanding anything to the contrary contained in sub-rule (1), it shall not be necessary to
2
serve notice of any proceeding incidental to an appeal on any respondent other than a person impleaded
[9. Registry of memorandum of appeal.—(1) The Court from whose decree an appeal lies shall for the first time in the Appellate Court, unless he has appeared and filed an address for the service in the
entertain the memorandum of appeal and shall endorse thereon the date of presentation and shall register Court of first instance or has appeared in the appeal.
the appeal in a book of appeal kept for that purpose.
(5) Nothing in sub-rule (4) shall bar the respondent referred to in the appeal from defending it.]
(2) Such book shall be called the register of appeal.]
15. [Contents of notice.] Omitted by Code of Civil Procedure (Amendment) Act 1999, (46 of
10. Appellate Court may require appellant to furnish security for costs.—(1) The Appellate 1999), s. 31 (w.e.f. 1-7-2002.)
Court may in its discretion, either before the respondent is called upon to appear and answer or afterwards
Procedure on hearing
on the application of the respondent, demand from the appellant security for the costs of the appeal, or of
the original suit, or of both: 16. Right to begin.—(1) On the day fixed, or on any other day to which the hearing may be
adjourned, the appellant shall be heard in support of the appeal.
Where appellant resides out of India.—Provided that the Court shall demand such security in all
cases in which the appellant is residing out of 3[India], and is not possessed of any sufficient immovable (2) The Court shall then, if it does not dismiss the appeal at once, hear the respondent against the
property within 5[India] other than the property (if any) to which the appeal relates. appeal, and in such case the appellant shall be entitled to reply.
(2) Where such security is not furnished within such time as the Court orders, the Court shall reject 17. Dismissal of appeal for appellants’ default.—(1) Where on the day fixed, or on any other day to
the appeal. which the hearing may be adjourned, the appellant does not appear when the appeal is called on for
hearing, the Court may make an order that the appeal be dismissed.
11. Power to dismiss appeal without sending notice to Lower Court.—4[(1) The appellate Court
after fixing a day for hearing the appellant or his pleader and hearing him accordingly if he appears on 1
[Explanation.—Nothing in this sub-rule shall be construed as empowering the Court to dismiss the
that day may dismiss the appeal]. appeal on the merits.]
(2) If on the day fixed or arty other day to which the hearing may be adjourned the appellant does not
(2) Hearing appeal ex parte.—Where the appellant appears and the respondent does not appear, the
appear when the appeal is called on for hearing, the Court may make an order that the appeal be dismissed.
appeal shall be heard ex parte.
(3) The dismissal of an appeal under this rule shall be notified to the Court from whose decree the
appeal is preferred. 18. [Dismissal of appeal where notice not served in consequence of appellant’s failure to deposit
5
[(4) Where an Appellate Court, not being the High Court, dismisses an appeal under sub-rule (1), it cost.] omitted by the Code of Civil Procedure ( Amendment) Act, 1 9 9 9 (46 of 1999) s. 31 (w.e.f. 1-7-
shall deliver a judgment, recording in brief its grounds for doing so, and a decree shall be drawn up in 2002).
accordance with the judgment.] 19. Re-admission of appeal dismissed for default. —Where an appeal is dismissed under rule 11,
2
[11A. Time within which hearing under rule 11 should be concluded.—Every appeal shall be sub-rule (2) or rule 17 2[***] the appellant may apply to the Appellate Court for the re-admission of the
hear under rule 11 as expeditiously as possible and endeavour shall be made to conclude such hearing appeal; and, where it is proved that he was prevented by any sufficient cause from appearing when the
within sixty days from the date on which the memorandum of appeal is filed.] appeal was, called on for hearing or from depositing the sum so required, the Court shall re-admit the
12. Day for hearing appeal.—(1) Unless the Appellate Court dismisses the appeal under rule 11, it appeal on such terms as to costs or otherwise as it thinks fit.
shall fix a day for hearing the appeal.
6
20. Power to adjourn hearing and direct persons appearing interested to be made respondents. —
[(2) Such day shall be fixed with reference to the current business of the Court.] 3
[(1)] Where it appears to the Court at the hearing that any person who was a party to the suit in the Court from
13. [Appellate Court to give notice to Court whose decree appealed from.] Omitted by Code whose decree the appeal is preferred, but who has not been made a party to the appeal, is interested in the
of Civil Procedure (Amendment) Act 1999, (46 of 1999), s. 31 (w.e.f. 1-7-2002.) result of the appeal, the Court may adjourn the hearing to a future day to be fixed by the Court and direct that
such person be made a respondent.

1. See order XXVII, rule 8A, supra.

2. Subs. by Act 46 of 1999, s. 31, for rule 9 (w.e.f. 1-7-2002).
3. Subs. by Act 2 of 1951, s. 3, for “the States”.
4. Subs. by Act 46 of 1999, s. 31, for sub-rule (1) (w.e.f. 1-7-2002). 1. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977).
5. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977). 2. The words “or rule 18” omitted by Act 46 of 1999, s. 31, (w.e.f. 1 -7-2002).
6. Subs. by Act 46 of 1999, s. 31, for sub-rule (2) (w.e.f. 1-7-2002). 3. Rule 20 re-numbered as sub-rule (1) by Act 104 of 1976, s. 87 (w.e.f 1-2-1977).

217 218

1
[(2) No respondent shall be added under this rule, after the expiry of the period of limitation for judgment of the Court from whose decree the appeal is preferred has proceeded wholly upon some ground
appeal, unless the Court, for reasons to be recorded, allows that to be done, on such terms as to costs as it other than that on which the Appellate Court proceeds.
thinks fit.]
25. Where Appellate Court may frame issues and refer them for trial to Court whose decree
21. Re-hearing on application of respondent against whom ex parte decree made.—Where an appealed from.—Where the Court from whose decree the appeal is preferred has omitted to frame or try
appeal is heard ex parte and judgment is pronounced against the respondent, he may apply to the any issue, or to determine any question of fact, which appears to the Appellate Court essential to the right
Appellate Court to re-hear the appeal; and, if he satisfies the Court that the notice was not duly served or decision of the suit upon the merits, the Appellate Court may, if necessary, frame issues, and refer the
that he was prevented by sufficient cause from appearing when the appeal was called on for hearing, the same for trial to the Court from whose decree the appeal is preferred, and in such case shall direct such
Court shall re-hear the appeal on such terms as to costs or otherwise as it thinks fit to impose upon him. Court to take the additional evidence required;
22. Upon hearing respondent may object to decree as if he had preferred separate appeal.—(1) and such Court shall proceed to try such issues, and shall return the evidence to the Appellate Court
Any respondent, though he may not have appealed from any part of the decree, may not only support the together with its findings thereon and the reasons therefor 1[within such time as may be fixed by the
decree 2[but may also state that the finding against him in the Court below in respect of any issue ought to Appellate Court or extended by it from time to time].
have been in his favour; and may also take any cross-objection] to the decree which he could have taken
by way of appeal provided he has filed such objection in the Appellate Court within one month from the 26. Findings and evidence to be put on record. Objections to findings.—(1) Such evidence and
date of service on him or his pleader of notice of the day fixed for hearing the appeal, or within such findings shall form part of the record in the suit; and either party may, within a time to be fixed by the
further time as the Appellate Court may see fit to allow. Appellate Court, present a memorandum of objections to any finding.
4
[Explanation. —A respondent aggrieved by a finding of the Court in the judgment on which the
(2) Determination of appeal.—After the expiration of the period so fixed for presenting such
decree appealed against is based may, under this rule, file cross-objection in respect of the decree in so far
memorandum the Appellate Court shall proceed to determine the appeal.
as it is based on that finding, notwithstanding that by reason of the decision of the Court on any other
finding which is sufficient for the decision of the suit, the decree, is, wholly or in part, in favour of that 1
[26A. Order of remand to mention date of next hearing.—Where the Appellate Court remands a
respondent.] case under rule 23 or rule 23A, or frames issues and refers them for trial under rule 25, it shall fix a date
(2) Form of objection and provisions applicable thereto.—Such cross-objection shall be in the for the appearance of the parties before the Court from whose decree the appeal was preferred for the
form of a memorandum, and the provisions of rule 1, so far as they relate to the form and contents of the purpose of receiving the directions of that Court as to further proceedings in the suit.]
memorandum of appeal, shall apply thereto.
27. Production of additional evidence in Appellate Court.—(1) The parties to an appeal shall not be
3
* * * * * entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if —

(a) the Court from whose decree the appeal is preferred has refused to admit evidence which
(4) Where, in any case in which any respondent has under this rule filed a memorandum of objection, the ought to have been admitted, or
original appeal is withdrawn or is dismissed for default, the objection so filed may nevertheless be heard and 1
[(aa) the party seeking to produce additional evidence, establishes that notwithstanding the
determined after such notice to the other parties as the Court thinks fit. exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise of
due diligence, be produced by him at the time when the decree appealed against was passed, or]
(5) The provisions relating to appeals by indigent persons shall, so far as they can be made applicable,
apply to an objection under this rule. (b) the Appellate Court requires any document to be produced or any witness to be examined to
enable it to pronounce judgment, or for any other substantial cause,
23. Remand of case by Appellate Court.—Where the Court from whose decree an appeal is preferred the Appellate Court may allow such evidence or document to be produced, or witness to be examined.
has disposed of the suit upon a preliminary point and the decree is reversed in appeal, the Appellate Court may, (2) Wherever additional evidence is allowed to be produced by an Appellate Court, the Court shall
if it thinks fit, by order remand the case, and may further direct what issue or issues shall be tried in the case so record the reason for its admission.
remanded, and shall send a copy of its judgment and order to the Court from whose decree the appeal is
preferred, which directions to re-admit the suit under its original number in the register of civil suits, and 28. Mode of taking additional evidence.—Wherever additional evidence is allowed to be produced,
proceed to determine the suit; and the evidence (if any) recorded during the original trial shall, subject to all the Appellate Court may either take such evidence, or direct the Court from whose decree the appeal is
just exceptions, be evidence during the trial after remand. preferred, or any other subordinate Court, to take such evidence and to send it when taken to the
Appellate Court.
4
[23A. Remand in other cases.—Where the Court from whose decree an appeal is preferred has 29. Points to be defined and recorded.—Where additional evidence is directed or allowed to be
disposed of the case otherwise than on a preliminary point, and the decree is reversed in appeal and a taken, the Appellate Court shall specify the points to which the evidence is to be confined, and record on
re-trial is considered necessary, the Appellate Court shall have the same powers as it has under rule 23. its proceedings the points so specified.
24. Where evidence on record sufficient Appellate Court may determine case finally.—Where the Judgment in appeal
evidence upon the record is sufficient to enable the Appellate Court to pronounce judgement, the Appellate 30. Judgment when and where pronounced.—2[(1)] The Appellate Court, after hearing the parties
Court may, after resettling the issues, if necessary, finally determine the suit, notwithstanding that the or their pleaders and referring to any part of the proceedings, whether on appeal or in the Court from
whose decree the appeal is preferred, to which reference may be considered necessary, shall pronounce
1. Ins. by s. 87, ibid. (w.e.f. 1-2-1977).
2. Subs. by s. 87, ibid., for certain words (w.e.f. 1-2-1977).
3. Subs-rule (3) omitted by Act 46 of 1999, s. 31 (w.e.f. 1-7-2002). 1. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977).
4. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977). 2. Rule 30 re-numbered as sub-rule (1) by s. 87, ibid. (w.e.f. 1-2-1977).

219 220
judgment in open Court, either at once or on some future day of which notice shall be given to the parties (4) The decree shall be signed and dated by the Judge or Judges who passed it:
or their pleaders.
Judge dissenting from judgment need not sign decree.—Provided that where there are more
1
[(2) Where a written judgment is to be pronounced, it shall be sufficient if the points for determination, Judges than one and there is a difference of opinion among them, it shall not be necessary for any Judge
the decision thereon and the final order passed in the appeal are read out and it shall not be necessary for the dissenting from the judgment of the Court to sign the decree.
Court to read out the whole judgment, but a copy of the whole judgment shall be made available for the
perusal of the parties or their pleaders immediately after the judgment is pronounced.] 36. Copies of judgment and decree to be furnished to parties.—Certified copies of the judgment and
decree in appeal shall be furnished to the parties on application to the Appellate Court and at their expense.
31. Contents, date and signature of judgment.—The judgment of the Appellate Court shall be in
writing and shall state— 37. Certified copy of decree to be sent to Court whose decree appealed from.—A copy of the
(a) the points for determination; judgment and of the decree, certified by the Appellate Court or such officer as it appoints in this behalf, shall
be sent to the Court which passed the decree appealed from and shall be filed with the original proceedings in
(b) the decision thereon; the suit, and an entry of the judgment of the Appellate Court shall be made in the register of civil suits.
(c) the reasons for the decision; and
ORDER XLII
(d) where the decree appealed from is reversed or varied, the relief to which the appellant is
entitled, APPEALS FROM APPELLATE DECREES
and shall at the time that it is pronounced be signed and dated by the Judge or by the Judges concurring 1. Procedure.—The rules of Order XLI shall apply, so far as may be, to appeals from appellate decrees.
therein. 1
[2. Power of Court to direct that the appeal be heard on the question formulated by it —At the time
32. What judgment may direct.—The judgment may be for confirming, varying or reversing the of making an order under rule 11 of Order XLI for the hearing of a second appeal, the Court shall formulate
decree from which the appeal is preferred, or, if the parties to the appeal agree as to the form which the the substantial question of law as required by section 100, and in doing so, the Court may direct that the second
decree in appeal shall take, or as to the order to be made in appeal, the Appellate Court may pass a decree appeal be heard on the question so formulated and it shall not be open to the appellant to urge any other ground
or make an order accordingly. in the appeal without the leave of the Court, given in accordance with the provision of section 100.
33. Power of Court of Appeal.—The Appellate Court shall have power to pass any decree and make
any order which ought to have been passed or made and to pass or make such further or other decree or 3. Application of rule 14 of Order XLI.—Reference in sub-rule (4) of rule 14 of Order XLI to the
order as the case may require, and this power may be exercised by the Court notwithstanding that the Court of first instance shall, in the case of an appeal from an appellate decree or order, be construed as a
appeal is as to part only of the decree and may be exercised in favour of all or any of the respondents or reference to the Court to which the appeal was preferred from the original decree or order.]
parties, although such respondents or parties may not have filed any appeal or objection 1[and may, where
there have been decrees in cross-suits or where two or more decrees are passed in one suit, be exercised in
ORDER XLIII
respect of all or any of the decrees, although an appeal may not have been filed against such decrees]:
1
APPEALS FROM ORDERS
[Provided that the Appellate Court shall not make any order under section 35A in pursuance of any
objection on which the Court from whose decree the appeal is preferred has omitted or refused to make 1. Appeal from orders.—An appeal shall lie from the following orders under the provisions of
such order.] section 104, namely: —
(a) an order under rule 10 of Order VII returning a plaint to be presented to the proper Court
Illustration 2
[except where the procedure specified in rule 10A of Order VII has been followed];
A claims a sum of money as due to him from X or Y, and in a suit against both obtains a decree against X. X, 3
* * * * *
appeals and A and Y are respondents. The Appellate Court decides in favour of X. It has power to pass a decree
against Y. (c). an order under rule 9 of order IX rejecting an application (in a case open to appeal) for an order
to set aside the dismissal of a suit;
34. Dissent to be recorded.—Where the Appeal is heard by more judges than one, any judge
dissenting from the judgment of the Court shall state in writing the decision or order which he thinks (d) an order under rule 13 of Order IX rejecting an application (in a case open to appeal) for an
should be passed on the appeal, and he may state his reasons for the same. order to set aside a decree passed ex parte;
2
Decree in appeal * * * * *
2 (f) an order under rule 21 of Order XI;
35. Date and contents of decree.—(1) The decree of the Appellate Court shall bear date the day on
2
which the judgment was pronounced. * * * * *
(2) The decree shall contain the number of the appeal, the names and descriptions of the appellant and (i) an order under rule 34 of Order XXI on an objection to the draft of a document or of an
respondent, and a clear specification of the relief granted or other adjudication made. endorsement;

(3) The decree shall also state the amount of costs incurred in the appeal, and by whom, or out of (j) an order under rule 72 or rule 92 of Order XXI setting aside or refusing to set aside a sale;
what property, and in what proportions such costs and the costs in the suit are to be paid.

1. Ins. by Act 9 of 1922, s. 4, which under s. 1(2) thereof, may be brought into force in any State by the State Government on any
specified date. The Act has been brought into force in Bombay, Bengal, U.P., Punjab, Bihar, C.P. Assam, Orissa and Tamil 1. Ins. by Act 104 of 1976, s. 88 (w.e.f. 1-2-1977).
Nadu. 2. Ins. by Act 104 of 1976, s. 89 (w.e.f. 1-2-1977).
2. This rule is not applicable to the Chief Court of Oudh in the exercise of its appellate Jurisdiction; see the Oudh Courts Act, 3. Cls. (b), (e), (g), (h), (m), (o) and (v) omitted by s. 89, ibid, (w.e.f. 1-2-1977).
1925 (U.P. 4 of 1925), s. 16(3).

221 222

1
[ja) an order rejecting an application made under sub-rule (1) of rule 106 of Order XXI, provided 3. Inquiry as to whether applicant is an indigent person.—(1) Where an applicant, referred to in
that an order on the original application, that is to say, the application referred to in sub-rule (1) of rule rule 1, was allowed to sue or appeal as an indigent person in the Court from whose decree the appeal is
105 of that Order is appealable;] preferred, no further inquiry in respect of the question whether or not he is an indigent person shall be
(k) an order under rule 9 of Order XXII refusing to set aside the abatement or dismissal of a suit; necessary if the applicant has made an affidavit stating that he has not ceased to be an indigent person
(l) an order under rule 10 of Order XXII giving or refusing to give leave; since the date of the decree appealed from; but if the Government Pleader or the respondent disputes the
2
* * * * * truth of the statement made in such affidavit, an inquiry into the question aforesaid shall be held by the
(n) an order under rule 2 of Order XXV rejecting an application (in a case open to appeal) for an Appellate Court, or, under the orders of the Appellate Court, by an officer of that Court.
order to set aside the dismissal of a suit; (2) Where the applicant, referred to in rule 11, is alleged to have become an indigent person since the
1
[(na) an order under rule 5 or rule 7 of Order XXXIII rejecting an application for permission to date of the decree appealed from, the inquiry into the question whether or not he is an indigent person
sue as an indigent person;] shall be made by the Appellate Court or, under the orders of the Appellate Court, by an officer of that
2
* * * * * Court unless the Appellate Court considers it necessary in the circumstances of the case that the inquiry
(p) orders in interpleader-suits under rule 3, rule 4 or rule 6 of Order XXXV; should be held by the Court from whose decision the appeal is preferred.]
(q) an order under rule 2, rule 3 or rule 6 of order (XXVIII); ORDER XLV
(r) an order under rule 1, rule 2 1[rule 2A], rule 4 or rule 10 of Order XXXIX; APPEALS TO THE 1[SUPREME COURT]
(s) an order under rule 1, or rule 4 of Order XL; 1. “Decree” defined.—In this Order, unless there is something repugnant in the subject or context,
(t) an order of refusal under rule 19 of Order XLI to re-admit, or under rule 21 of Order XLI to the expression “decree” shall include a final order.
re-hear, an appeal; 2. Application to Court whose decree complained of.—2[(1)] Whoever desires to appeal 3[the
(u) an order under rule 23 1[or rule 23A] of Order XLI remanding a case, where an appeal would lie Supreme Court] shall apply by petition to the Court whose decree is complained of.
4
from the decree of the Appellate Court; [(2) Every petition under sub-rule (1) shall be heard as expeditiously as possible and endeavour shall
2
* * * * * be made to conclude the disposal of the petition within sixty days from the date on which the petition is
(w) an order under rule 4 of Order XLVII granting an application for review. presented to the Court under sub-rule (1).]
1
[1A. Right to challenge non-appealable orders in appeal against decrees.—(1) Where any order 3. Certificate as to value or fitness. —5[(1) Every petition shall state the grounds of appeal and pray
is made under this Code against a party and thereupon any judgment is pronounced against such party and for a certificate—
a decree is drawn up, such party may, in an appeal against the decree, contend that such order should not (i) that the case involves a substantial question of law of general importance, and
have been made and the judgment should not have been pronounced. (ii) that in the opinion of the Court the said question needs to be decided by the Supreme
(2) In an appeal against a decree passed in a suit after recording a compromise or refusing to record a Court.]
compromise, it shall be open to the appellant to contest the decree on the ground that the compromise (2) Upon receipt of such petition, the Court shall direct notice to be served on the opposite party to
should, or should not, have been recorded.] show cause why the said certificate should not be granted.
2. Procedure.—The rules of Order XLI shall apply, so far as may be, to appeals from orders. 4. [Consolidation of suits.] Rep. by the Code of Civil Procedure (Amendment) Act, 1973 (49 of 1973),
ORDER XLIV s. 4 (w.e.f. 1-2-1977).
2
[APPEALS BY INDIGENT PERSONS] 5. [Remission of dispute to Court of first instance.] Rep. by s. 4, ibid. (w.e.f. 1-2-1977).
1. Who may appeal 3[as an indigent person]. —4[(1)] Any person entitled to prefer an appeal, who 6. Effect of refusal of certificate.—Where such certificate is refused, the petition shall be
is unable to pay the fee required for the memorandum of appeal, may present an application accompanied dismissed.
by a memorandum of appeal, and may be allowed to appeal as an 5[indigent person], subject, in all 7. Security and deposit required on grant of certificate.—(1) Where the certificate is granted, the
matters, including the presentation of such application, to the provisions relating to suits by 5[indigent applicant shall, within 6[ninety days or such further period, not exceeding sixty days, as the Court may
persons], in so far as those provisions are applicable. 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,—
6
* * * * * (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
7
* * * * * [printing,] and transmitting to 3[the Supreme Court] a correct copy of the whole record of the suit,
except—
8
[2. Grant of time for payment of court-fee.—Where an application is rejected under rule 1, the Court (1) formal documents directed to be excluded by any 9[Rule of the Supreme Court] in force
may, while rejecting the application, allow the applicant to pay the requisite Court-fee, within such time as for the time being;
may be fixed by the Court or extended by it from time to time; and upon such payment, the memorandum of (2) papers which the parties agree to exclude;
appeal in respect of which such fee is payable shall have the same force and effect as if such fee had been
paid in the first instance.

1. Subs. by the A.O. 1950, for “King-in-Council”.

1. Ins. by Act 104 of 1976, s. 89 (w.e.f. 1-2-1977). 2. Rule 2 re-numbered as sub-rule (1) of that rule by Act 104 of 1976, s. 91 (w.e.f. 1-2-1977).
2. Subs. by s. 90, ibid., for “pauper appeals” (w.e.f. 1-2-1977). 3. Subs. by the A.O. 1950, for "His Majesty in Council".
3. Subs. by s. 90, ibid., for “as pauper” (w.e.f 1-2-1977). 4. Ins. by Act 104 of 1976, s. 91 (w.e.f. 1-2-1977).
4. Rule 1 re-numbered as sub-rule (1) by Act 66 of 1956, s. 14. 5. Subs. by Act 49 of 1973, s. 4, for sub-rule (1).
5. Subs. by Act 104 of 1976, s. 90, for “pauper” and “paupers” respectively (w.e.f 1-2-1977), 6. Subs. by Act 26 of 1920, s. 3, for “six months”.
6. Proviso omitted by Act 66 of 1956, s. 14. 7. Ins. by s. 3, ibid.
7. Sub-rule (2) ins. by s. 14, ibid. and omitted by Act 104 of 1976, s. 90 (w.e.f 1 -2-1977). 8. Ins. by the A.O. 1950.
8. Subs. by Act 104 of 1976, s. 90, for rule 2 (w.e.f. 1-2-1977). 9. Subs., ibid., for “order of His Majesty in Council”.

223 224
 12. Refund of balance deposit.—When the copy of the record, except as aforesaid, has been
(3) accounts, or portions of accounts, which the officer empowered by the Court for that transmitted to 1[the Supreme Court], the appellant may obtain a refund of the balance (if any) of the
purpose considers unnecessary, and which the parties have not specifically asked to be amount which he has deposited under rule 7.
included; and
13. Powers of Court pending appeal.—(1) Notwithstanding the grant of a certificate for the
(4) such other documents as the High Court may direct to be excluded: admission of any appeal, the decree appealed from shall be unconditionally executed, unless the Court
1
[Provided that the Court at the time of granting the certificate may, after hearing any opposite party otherwise directs.
who appears, order on the ground of special hardship that some other form of security may be furnished: (2) The Court may, if it thinks fit, on special cause shown by any party interested in the suit, or
Provided further, that no adjournment shall be granted to an opposite party to contest the nature of otherwise appearing to the Court,—
such security.] (a) impound any movable property in dispute or any part thereof, or
2
* * * * * (b) allow the decree appealed from to be executed, taking such security from the respondent as
the Court thinks fit for the due performance of any order which 1[the Supreme Court] may make on
8. Admission of appeal and procedure thereon.—Where such security has been furnished and the appeal, or
deposit made to the satisfaction of the Court, the court shall—
(c) stay the execution of the decree appealed from, taking such security from the appellant as the
(a) declare the appeal admitted, Court thinks fit for the due performance of the decree appealed from, or of 2[any decree or order]
(b) give notice thereof to the respondent, which 1[the Supreme Court] may make on the appeal, or

(c) transmit to 3[the Supreme Court] under the seal of the Court a correct copy of the said record, (d) place any party seeking the assistance of the Court under such conditions or give such other
except as aforesaid, and direction respecting the subject-matter of the appeal, as it thinks fit, by the appointment of a receiver
or otherwise.
(d) give to either party one or more authenticated copies of any of the papers in the suit on his
14. Increase of security found inadequate.—(1) Where at any time during the pendency of the
applying therefore and paying the reasonable expenses incurred in preparing them.
appeal the security furnished by either party appears inadequate, the Court may, on the application of the
9. Revocation of acceptance of security.—At any time before the admission of the appeal the Court other party, require further security.
may, upon cause shown, revoke the acceptance of any such security, and make further directions thereon.
(2) In default of such further security being furnished as required by the Court,—
4
[9A. Power to dispense with notices in case of deceased parties.—Nothing in these rules requiring (a) if the original security was furnished by the appellant, the Court may, on the application of the
any notice to be served on or given to an opposite party or respondent shall be deemed to require any respondent, execute the decree, appealed from as if the appellant had furnished no such security:
notice to be served on or given to the legal representative of any deceased opposite party or deceased
respondent in a case, where such opposite party or respondent did not appear either at the hearing in the (b) if the original security was furnished by the respondent, the Court shall, so far as may be
Court whose decree is complained of or at any proceedings subsequent to the decree of that Court: practicable, stay the further execution of the decree, and restore the parties to the position in which
they respectively were when the security which appears inadequate was furnished, or give such
Provided that notices under sub-rule (2) of rule 3 and under rule 8 shall be given by affixing the same direction respecting the subject-matter of the appeal as it thinks fit.
in some conspicuous place in the court-house of the Judge of the district in which the suit was originally
brought, and by publication in such newspapers as the Court may direct.] 15. Procedure to enforce orders of the Supreme Court.—(1) Whoever desires to obtain execution
of 2[any decree or order] of 1[the Supreme Court] shall apply by petition, accompanied by a certified copy
10. Power to order further security or payment.—Where at any time after the admission of an of the decree passed or order made in appeal and sought to be executed, to the Court from which the
appeal but before the transmission of the copy of the record, except as aforesaid, to 3[the Supreme Court], appeal to 3[the Supreme Court] was preferred.
such security appears inadequate,
(2) Such Court shall transmit the 4[decree or order] of 1[the Supreme Court] to the Court which passed
or further payment is required for the purpose of translating, transcribing, printing, indexing or the first decree appealed from, or to such other Court as 1[the Supreme Court] by such 4[decree or order]
transmitting the copy of the record, except as aforesaid, may direct and shall (upon the application of either party) give such directions as may be required for the
execution of the same; and the Court to which the said 4[decree or order] is so transmitted shall execute it
the Court may order the appellant to furnish, within a time to be fixed by the Court, other and
accordingly, in the manner and according to the provisions applicable to the execution of its original
sufficient security, or to make, within like time, the required payment.
decrees.
11. Effect of failure to comply with order.—Where the appellant fails to comply with such order, 5
* * * * *
the proceedings shall be stayed,
3
and the appeal shall not proceed without an order in this behalf of, [the Supreme Court],
and in the meantime execution of the decree appealed from shall not be stayed.

1. Added by Act 26 of 1920, s. 3. 1. Subs., by the A.O. 1950, for “His Majesty in Council”.
2. Sub-rule (2) omitted by the A.O. 1950. 2. Subs., ibid., for “any order”.
3. Subs. by the A.O. 1950, for “his Majesty in Council”. 3. Subs., ibid., for “His Majesty”.
4. Ins. by Act 26 of 1920, s. 4. 4. Subs., ibid., for “order”.
5. Sub-rule (3) omitted by the A.O. 1950.

225 226

1
and shall transmit a copy of its judgment, under the signature of the Registrar, to the Court by which the
[(4) 2[Unless the Supreme Court otherwise directs, no decree or order of that Court] shall be reference was made; and such Court shall, on the receipt thereof, proceed to dispose of the case in
inoperative on the ground that no notice has been served on or given to the legal representative of any conformity with the decision of the High Court.
deceased opposite party or deceased respondent in a case, where such opposite party or respondent did
not appear either at the hearing in the Court whose decree was complained of or at any proceedings 4. Cost of reference to High Court.—The costs (if any) consequent on a reference for the decision
subsequent to the decree of that Court, but such order shall have the same force and effect as if it had of the High Court shall be costs in the case.
been made before the death took place.] 1
[4A. Reference to High Court under proviso to section 113.—The provisions of rules 2, 3 and 4
16. Appeal from order relating to execution.—The orders made by the Court which executes the shall apply to any reference by the Court under the proviso to section 113 as they apply to a reference
3
[decree or order] of 4[the Supreme Court], relating to such execution, shall be appealable in the same under rule 1; and]
manner and subject to the same rules as the orders of such Court relating to the execution of its own
decrees. 5. Power to alter, etc., decree of Court making reference.—Where a case is referred to the High
Court under rule 5[or under the proviso to section 113], the High Court may return the case for
17. [Appeals to Federal Court.] Rep. by the Federal Act, 1941 (21 of 1941), s. 2. amendment, and may alter, cancel or set aside any decree or order which the Court making the reference
STATE AMENDMENT has passed or made in the case out of which the reference arose, and make such order as it thinks fit.

Uttar Pradesh 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
Amendment of Order XLV. In the First Schedule, in Order XLV, in rule 2, a Court of Small Causes or is not so cognizable, it may submit the record to the High Court with a
after sub- rule (2), the following sub-rule shall be inserted, namely :— statement of its reasons for the doubt as to the nature of the suit.
“(3) Notwithstanding anything contained in sub-rule (1), whoever desires to appeal to (2) On receiving the record and statement, the High Court may order the Court either to proceed with
the Supreme Court, may apply orally to the Court whose decree is to be complained of, 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.
immediately before or
7. Power to District Court to submit for revision proceeding had under mistake as to
after the pronouncement of the judgment by the Court, for a certificate contemplated in jurisdiction in small causes.—(1) Where it appears to a District Court that a Court subordinate thereto
sub-rule (1) of rule 3, and the Court may either grant or refuse the certificate, or direct has, by reason of erroneously holding a suit to be cognizable by a Court of Small Causes or not to be so
the applicant to file a petition as required by sub-rule (1) ; 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
Provided that if an oral application is entertained and rejected, no written petition under
statement of its reasons for considering the opinion of the Subordinate Court with respect to the nature of
sub-rule (1) shall lie.”
the suit to be erroneous.
[Vide Uttar Pradesh Act 56 of 1957, s. 14] (2) On receiving the record and statement the High Court may make such order in the case as it
thinks fit.
ORDER XLVI
(3) With respect to any proceedings subsequent to decree in any case submitted to the High Court
REFERENCE under this rule, the High Court may make such order as in the circumstance appears to it to be just and
proper.
1. Reference of question to High Court.—Where, before or on the hearing of a suit or an appeal in
which the decree is not subject to appeal, or where, in the execution of any such decree, any question of (4) A Court subordinate to a District Court shall comply with any requisition which the District Court
law or usage having the force of law arises, on which the Court trying the suit or appeal, or executing the may make for any record or information for the purposes of this rule.
decree, entertains reasonable doubt, the Court may, either of its own motion or on the application of any ORDER XLVII
of the parties, draw up a statement of the facts of the case and the point on which doubt is entertained, REVIEW
and refer such statement with its own opinion on the point for the decision of the High Court. 1. Application for review of judgment.—(1) Any person considering himself aggrieved—
2. Court may pass decree contingent upon decision of High Court.—The Court may either stay (a) by a decree or order from which an appeal is allowed, but from which no appeal has been
the proceedings or proceed in the case notwithstanding such reference, and may pass a decree or make an preferred,
order contingent upon the decision of the High Court on the point referred: (b) by a decree or order from which no appeal is allowed, or
But no decree or order shall be executed in any case in which such reference is made until the receipt (c) by a decision on a reference from a Court of Small Causes,
of a copy of the judgment of the High Court upon the reference. and who, from the discovery of new and important matter or evidence which, after the exercise of due
diligence was not within his knowledge or could not be produced by him at the time when the decree was
3. Judgment of High Court to be transmitted and case disposed of accordingly.—The High
passed or order made, or on account of some mistake or error apparent on the face of the record or for any
Court, after hearing the parties if they appear and desire to be heard, shall decide the point so referred,
other sufficient reason, desires to obtain a review of the decree passed or order made against him, may
apply for a review of judgment to the Court which passed the decree or made the order.
1. Ins. by Act 26 of 1920, s. 5.
2. Subs. by the A.O. 1950, for “Unless His Majesty in Council is pleased otherwise to direct, no order of His Majesty in
Council”.
3. Subs., ibid., for “order”.
4. Subs., ibid., for “His Majesty in Council”. 1. Ins. by Act 24 of 1951, s. 2.

227 228
 (2) A party who is not appealing from a decree or order may apply for a review of judgment 9. Bar of certain application.—No application to review an order made on an application for a
notwithstanding the pendency of an appeal by some other party except where the ground of such appeal is review or a decree or order passed or made on a review shall be entertained.
common to the applicant and the appellant, or when, being respondent, he can present to the Appellate
Court the case on which he applied for the review. ORDER XLVIII
1
MISCELLANEOUS
[Explanation.—The fact that the decision on a question of law on which the judgment of the Court is
based has been reversed or modified by the subsequent decision of a superior Court in any other case, 1. Process to be served at expense of party issuing.—(1) Every process issued under this Code shall
shall not be a ground for the review of such judgment.] be served at the expense of the party on whose behalf it is issued, unless the Court-otherwise directs.
2. [To whom applications for review may be made.]—Rep. by the Code of Civil Procedure (2) Costs of service.—The court-fee chargeable for such service shall be paid within a time to be
(Amendment) Act, 1956 (66 of 1956) s. 14. fixed-before the process is issued.
3. Form of applications for review.—The provisions as to the form of preferring appeals shall
apply, mutatis mutandis, to applications for review. 2. Orders and notices how served.—All orders, notices and other documents required by this Code to
be given to or served on any person shall be served in the manner provided for the service of summons.
4. Application where rejected.—(1) Where it appears to the Court that there is not sufficient ground
for a review, it shall reject the application.
(2) Application where granted.—Where the Court is of opinion that the application for review 3. Use of forms in appendices.—The Forms given in the appendices, with such variation as the
should be granted, it shall grant the same: circumstances or each case may require, shall be used for the purposes therein mentioned.
Provided that— ORDER XLIX
(a) no such application shall be granted without previous notice to the opposite party, to enable CHARTERED HIGH COURTS
him to appear and be heard in support of the decree or order, a review of which is applied for; and 1. Who may serve processes of High Court.—Notice to produce documents, summonses to
(b) no such application shall be granted on the ground of discovery of new matter or evidence witnesses, and every other judical process, issued in the exercise of the original civil jurisdiction of the
which the applicant alleges was not within his knowledge, or could not be adduced by him when the High Court, and of its matrimonial, testamentary and intestate jurisdictions, except summonses to
decree or order was passed or made, without strict proof of such allegation. defendants, writs of execution and notices to respondents may be served by the attorneys in the suits, or
by persons employed by them, or by such other persons as the High Court, by any rule or order, directs.
5. Application for review in Court consisting of two or more Judges.—Where the Judge or
Judges, or any one of the Judges, who passed the decree or made the order a review of which is applied 2. Saving in respect of Chartered High Courts.—Nothing in this Schedule shall be deemed to limit
for, continues or continued attached to the Court at the time when the application for a review is or otherwise affect any rules in force at the commencement of this Code for the taking of evidence or the
presented, and is not or not precluded by absence or other cause for a period of six months next after the recording of judgments and orders by a Chartered High Court.
application from considering the decree or order to which the application refers, such Judge or Judges or 3. Application of rules.—The following rules shall not apply to any Chartered High Court in the
any of them shall hear the application, and no other Judge or Judges of the Court shall hear the same. exercise of its ordinary or extraordinary original civil jurisdiction, namely:—
6. Application where rejected.—(1) Where the application for a review is heard by more than one (1) rule 10 and rule 11, clauses (b) and (c), of Order VII;
Judge and the Court is equally divided, the application shall be rejected. (2) rule 3 of Order X;
(2) Where there is a majority, the decision shall be according to the opinion of the majority. (3) rule 2 of Order XVI;
7. Order of rejection not appealable. Objections to order granting application.—2[(1) An order (4) rules 5, 6, 8, 9, 10, 11, 13, 14, 15 and 16 (so far as relates to the manner of taking evidence) of
of the Court rejecting the application shall not be appealable; but an order granting an application may be Order XVIII;
objected to at once by an appeal from the order granting the application or in an appeal from the decree or
(5) rule 1 to 8 of Order XX; and
order finally passed or made in the suit.]
(6) rule 7 of Order XXXIII (so far as relates to the making of a memorandum);
(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 and rule 35 of Order XLI shall not apply to any such High Court in the exercise of its appellate
the satisfaction of the Court that he was prevented by any sufficient cause from appearing which such jurisdiction.
application was called on for hearing, the Court shall order it to be restored to the file upon such terms as ORDER L
to costs or otherwise as it thinks fit, and shall appoint a day for hearing the same.
PROVINCIAL. SMALL CAUSE COURTS
(3) No order shall be made under sub-rule (2) unless notice of the application has been served on the
opposite party. 1. Provincial Small Cause Courts.—The provisions hereinafter specified shall not extend to Court
constituted under the Provincial Small Cause Courts Act 1887 (9 of 1887) 1[or under the Berar Small
8. Registry of application granted, and order for re-hearings.—When an application for review is Cause Courts Law, 1905] or to Courts exercising the jurisdiction of a Court of Small Causes 2[under the
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.

1. Ins. by Act 104 of 1976, s. 92 (w.e.f. 1-2-1977). 1. Ins. by Act 4 of 1941, s. 2, and the Third Sch.
2. Subs. by Act 104 of 1976, s. 92, for sub-rule (1) (w.e.f. 1-2-1977). 2. Subs. by s. 2, and the Third Sch. ibid., for “under that Act”.

229 230

said Act or Law] 1[or to Courts in 2[any part of India to which the said Act does not extend] exercising a
APPENDIX A
corresponding jurisdiction that is to say—
P LEADINGS
(a) so much of this Schedule as relates to—
(1) Titles of Suits
(i) suits excepted from the cognizance of a Court of Small Causes or the execution of decrees
in such suits;
IN THE COURT OF . ...............................................................................................
(ii) the execution of decrees against immovable property or the interest of a partner in
partnership property; A.B. (add description and residence)..................................................................................... Plaintiff
(iii) the settlement of issues; and against
(b) the following rules and orders:— C.D. (add description and residence) .................................................................................... Defendant
Order II, rule 1 (frame of suit); (2) Description of parties in particular Cases
Order X, rule 3 (record of examination of parties);
1
[The Union of India or the State of…………………….., as the case may be.]
__________________
Order XV, except so much of rule 4 as provides for the pronouncement at once of
judgment; The Advocate General of
The Collector of
Order XVIII, rule 5 to 12 (evidence);
The State of __________________
Order XLI, to XLV (appeals);
The A. B. Company, Limited having its registered office at
Order XLVII, rules 2, 3, 5, 6, 7 (review);
Order LI. A. B., a public officer of the C. D. Company.
STATE AMENDMENT ____________________
Uttar Pradesh A. B. (add description and residence), on behalf of himself and all other creditors of C. D. late of
(add description and residence)
Amendment of the First Schedule.—In the First Schedule to the said Code, in the Order L, in rule 1,
in clause (b) for the words and figures “Order XV, except so much of rule 4 as provides for the _________________
pronouncement at once of judgment”, the words as figures “Order XV, except so much of rule 4 as A. B. (add description and residence), on behalf of himself and all other holders of debentures
provides for the pronouncement at once of judgment and rule 5” shall be substituted. issued by the Company limited.
[Vide Uttar Pradesh Act 19 of 1973, s. 3] _________________
The Official Receiver.
A. B. a minor (add description and residence),by C. D. [or by the Court of Wards], his next
ORDER LI friend.
P RESIDENCY S MALL C AUSE C OURTS
1. Presidency Small Cause Courts.—Save as provided in rules 22 and 23 of Order V, rules 4 and 7 A. B. (add description and residence), a person of unsound mind [or of weak
of Order XXI, and rule 4 of Order XXVI, and by the Presidency Small Cause Courts Act, 1882 (15 of mind], by. C. D. his next friend.
1882), this Schedule shall not extend to any suit or proceeding in any Court of Small Causes established
in the towns of Calcutta, Madras and Bombay. A. B. a firm carrying on business in partnership at
A. (add description and residence), by his constituted attorney C. D. (add description and
residence).

A. B. (add description and residence), Shebait of Thakur.

A. B. (add description and residence), executor of C. D. deceased.

A. B. (add description and residence), heir of C. D. deceased.

1. Ins. by Act 2 of 1951, s. 18. 1. Subs. by the A. O. 1950, for “The Secretary of State or the Federation of India or the Province of……………., as the case may
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”. be”.

231 232
 ( 3) Plaints
No. 4
No. 1
MONEY LENT GOODS SOLD AT A REASONABLE PRICE AND DELIVERED
(Title) (Title)
A. B., the above named plaintiff, states as follows:— A. B., the above-named plaintiff, states as follows:—
1. On the………………………………day of………..20……………., he lent the defendant
1. On the…………..day of…………..……20………, plaintiff sold and delivered to the defendant
……..rupees repayable on the………………………day of………………………………….. [sundry articles of house-furniture], but no express agreement was made as to the price.
2. The defendant has not paid the same, except…………..rupees paid on the……….day
of…………20………….. 2. The goods were reasonably worth …………..rupees.
[If the plaintiff claims exemption from any law of limitation, say:—] 3. The defendant has not paid the money.
3. The plaintiff was a minor [or insane] from the…………………..day of…………………… till [As in paras 4 and 5 of Form No. 1, and relief claimed]
the…………….day of………………….. .
No. 5
4. [Facts showing when the cause of action arose and that the Court has jurisdiction.]
GOODS MADE AT DEPENDANT’S REQUEST, AND NOT ACCEPTED
5. 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. (Title)
6. The plaintiff claims…………rupees, with interest at………………per cent. from the……day of A. B., the above named plaintiff, states as follows:—
………….20………….
1. On the………….day of………….…20……….., E.F. agreed with the plaintiff that the
plaintiff should make for him [six tables and fifty chairs] and that E.F should pay for the goods on
No. 2
delivery……….rupees.
MONEY OVERPAID
(Title) 2. The plaintiff made the goods, and on the…………….day of……………20………. , offered to
deliver them to E.F., and has ever since been ready and willing so to do.
A. B., the above named plaintiff, states as follows:—
3. E.F. has not accepted the goods or paid for them.
1. On the………………day of………….…20……, the plaintiff agreed to buy and the defendant
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
agreed to sell…………..bars of silver at…………annas per tola of fine silver.
No. 6
2. The plaintiff procured the said bars to be assayed by E.F, who was paid by the defendant for such
assay, and E.F declared each of the bars to contain 1,500 tolas of fine silver, and the plaintiff accordingly DEFICIENCY UPON A RE-SALE [GOODS SOLD AT AUCTION]
the defendant…………. rupees. (Title)
3. Each of the said bars contained only 1,200 tolas of fine silver, of which fact the plaintiff was A. B., the above named plaintiff, states as follows:—
ignorant when he made the payment.
1. On the………….day of………….…20……….., the plaintiff put up at auction sundry [goods],
4. The defendant has not repaid the sum so overpaid. subject to the condition that all goods not paid for and removed by the purchaser within [ten days] after
the sale should be re-sold by auction on his account, of which condition the defendant had notice.
[As in paras 4 and 5 of Form No. 1, and Relief claimed.]
No. 3 2. The defendant purchased [one crate of crockery] at the auction at the price of…… rupees.
GOODS SOLD AT A FIXED PRICE AND DELIVERED 3. The plaintiff was ready and willing to deliver the goods to the defendant on the date of the sale and
(Title) for [ten days] after.
A. B., the above-named plaintiff, states as follows:— 4. The defenant did not take away the goods purchased by him, nor pay for them within [ten days]
1. On the………………day of…………20……., E. F. sold and delivered to the defendant [one after the sale, nor afterwards.
hundred barrels of flour, or the goods mentioned in the schedule hereto annexed. or sundry goods.] 5. On the……………day of…………20……, the plaintiff re-sold the [crate of crockery],
2. The defendant promised to pay………….. rupees for the said goods on delivery [or on the……… on account of the defendant, by public auction, for………..rupees.
day of………….some day before the plaint was filed]. 6. The expenses attendant upon such re-sale amounted to……..rupees.
3. He has not paid the same.
7. The defendant has not paid the deficiency thus arising, amounting to rupees.
4. E. F. died on the……………day of.....20………By his last will he appointed his brother, the [As in paras 4 and 5 of Form No. I, and Relief claimed.]
plaintiff, his executor.
[As in paras 4 and 5 of Form No. 1,]
7. The plaintiff as executor of E.F. claims [Relief Claimed].

233 234

No. 7 No. 11
SERVICES AT A REASONABLE RATE ON A FOREIGN JUDGMENT
(Title) (Title)
A. B., the above named plaintiff, states as follows:— A. B., the above-named plaintiff, states as follows:—
1. Between the……………. day of…………….……20………. , and the……… day of…………
1. On the…………day of…………20……., at…….in the State [or Kingdom] of….., the…..
……20……at……………, plaintiff [executed sundry drawings, designs and diagrams] for the defendant, Court of that State [or Kingdom,] in a suit therein pending between the plaintiff and the defendant, duly
at his request; but no express agreement was made as to the sum to be paid for such services. adjudged that the defendant should pay to the plaintiff…………………………rupees, with interest from
2. The services were reasonably worth………rupees. the said date.
3. The defendant has not paid the money. 2. The defendant has not paid the money.
[As in paras 4 and 5 of Form No. 1, and Relief claimed.] [As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
No. 8 No. 12
SERVICES AND MATERIALS AT A REASONABLE COST
AGAINST SURETY FOR PAYMENT OF RENT
(Title)
(Title)
A. B., the above named plaintiff, states as follows:—
A. B., the above-named plaintiff, states as follows:—
1. On the……………day of……………..…20………, at……………. the plaintiff built a house
[known as No. ………………, in…..], and furnished the materials therefor, for the defendant, at his 1. On the………..day of……………20..., E. F. hired from the plaintiff for the term of……..years, the
request, but no express agreement was made as to the amount to be paid for such work and materials. [house No……………., ………………street], at the annual rent of………rupees, payable [monthly].
2. The work done and materials supplied were reasonably worth…… rupees. 2. The defendant agreed, in consideration of the letting of the premises to E.F, to gurantee the
3. The defendant has not paid the money. punctual payment of the rent.
[As in paras 4 and 5 of Form No. 1, and Relief claimed.] 3. The rent for the month of ……….20……….., amounting to………………………..rupees, has not
No. 9 been paid.
USE AND OCCUPATION [If, by the terms of the agreement, notice is required to be given to the surety, add:—]
(Title) 4. On the………………….day of…………..19…….., the plaintiff gave notice to the defendant of the
A. B., the above-named plaintiff, executor of the will of X. Y., deceased, states as follows:— non-payment of the rent, and demanded payment thereof.
1. That the defendant occupied the [house No……....,……....…..Street], by permission of the said 5. The defendant has not paid the same.
X.Y, from the…….day of………………..…20…............. , until the day of……………20.…., and no [As in paras. 4 and 5 of Form No. I, and relief claimed.]
agreement was made as to payment for the use of the said premises.
No. 13
2. That the use of the said premises for the said period was reasonably worth rupees.
BREACH OF AGREEMENT TO PURCHASE LAND
3. The defendant has not paid the money.
[As in paras 4 and 5 of Form No. I.] (Title)
4. The plaintiff as executor of X Y, claims [relief claimed]. A. B., the above-named plaintiff, states as follows:—
No. 10 1. On the…………….day of………20…..., the plaintiff and defendant entered into an agreement, and
ON AN AWARD the Original document is hereto annexed.
(Title) [Or, on the…………day of………………20…….., the plaintiff and defendant mutually agreed that
A. B., the above-named plaintiff, states as follows:— the plaintiff should sell to the defendant and that the defendant should purchase from the plaintiff forty bighas
of land in the village of……….for……. rupees.]
1. On the…….day of……….…20…, the plaintiff and defendant, having a difference between
them concerning [a demand of the plaintiff for the price of ten barrels of oil which the defendant refused 2. On the…………. day of………….……20..….., the plaintiff, being then the absolute owner of the
to pay]; agreed in writing to submit the difference to the arbitration of E. F and G. H. and the original property [and the same being free from all incumbrances, as was made to appear to the defendant], tendered to
document is annexed hereto. the defendant a sufficient instrument of transfer of the same [or, was ready and willing, and is still ready and
willing, and offered, to transfer the same to the defendant by a sufficient instrument] on the payment by the
2. On the…………. ….day of……………………20….., the arbitrators awarded that the defendant
defendant of the money agreed upon.
should [pay the plaintiff rupees].
3. The defendant has not paid the money.
3. The defendant has not paid the money.
[As in paras. 4 and 5 of Form No. I, and relief claimed.]
[As in paras 4 and 5 of Form No. 1 and relief claimed.]

235 236
 No. 14 No. 17
AGAINST A BUILDER FOR DEFECTIVE WORKMANSHIP
NOT DELIVERING GOODS SOLD
(Title)
(Title)
A. B., the above-named plaintiff, states as follows:—
A. B., the above-named plaintiff, states as follows:—
1. On the………….day of……….……20….., the plaintiff and defendant entered into an agreement,
1. On the……………day of…………20….., the plaintiff and defendant mutually agreed that the and the original document is hereto annexed. [Or state the tenor of the contract.]
defendant should deliver [one hundred barrels of flour] to the plaintiff on the…………..day [2. The plaintiff duly performed all the conditions of the agreement on his part.]
of……........…20..…..., and that the plaintiff should pay there for…….. rupees on delivery.
3. The defendant [built the house referred to in the agreement in a bad and unworkman like manner].
2. On the [said] day the plaintiff was ready and willing, and offered, to pay the defendant the said sum
upon delivery of the goods. [As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
No. 18
3. The defendant has not delivered the goods, and the plaintiff has been deprived of the profits which
ON A BOND FOR THE FIDELITY OF A CLERK
would have accrued to him from such delivery.
(Title)
[As in paras. 4 and 5 of Form No. 1, and relief claimed.]
A. B., the above-named plaintiff, states as follows:—
No. 15
1. On the………day of……..……20…......... , the plaintiff took E.F. into his employment as a clerk.
WRONGFUL DISMISSAL
2. In consideration thereof, on the………day of…….……20………, the defendant agreed with plaintiff
(Title)
that if E.F. should not faithfully perform his duties as a clerk to the plaintiff, or should fail to account to the
A. B., the above-named plaintiff, states as follows:— plaintiff for all monies, evidences of debt or other property received by him for the use of the plaintiff, the
defendant would pay to the plaintiff whatever loss he might sustain by reason thereof, not
1. On the……………day of…………20...….., the plaintiff and defendant mutually agreed that the exceeding…rupees.
plaintiff should serve the defendant as [an accountant, or in the capacity of foreman, or as the case may
be], and that the defendant should employ the plaintiff as such for the term of [one year] and pay him for [Or, 2. In consideration thereof, the defendant by his bond of the same date bound himself to pay the
his services………rupees [monthly]. plaintiff the penal sum of………rupees, subjects to the condition that if E.F. should faithfully
perform his duties as clerk and cashier to the plaintiff and should justly account to the plaintiff for all
2. On the………….. day of……….……20..…..., the plaintiff entered upon the service of the defendant monies, evidences of debt or other property which should be at any time held by him in trust for the
and has ever since been, and still is, ready and willing to continue in such service during the remainder of plaintiff, the bond should be void.]
the said year whereof the defendant always has had notice. [Or 2. In consideration thereof, on the same date the defendant executed a bond in favour of the
3. On the…….day of………..……20...….., the defendant wrongfully discharged the plaintiff, and plaintiff, and the original document is hereto annexed.]
refused to permit him to serve as aforesaid, or to pay him for his services. 3. Between the………..day of………..…20...….., and the…………………..day of ………20......,
E.F. received money and other property, amounting to the value of……….rupees, for the use of the
[As in paras. 4 and 5 of Form No. 1, and relief claimed.] plaintiff, for which sum he has not accounted to him, and the same still remains due and unpaid.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]
No. 16 No. 19
BY TENANT AGAINST LANDLORD, WITH SPECIAL DAMAGE
BREACH OF CONTRACT TO SERVE (Title)
(Title) A. B., the above-named plaintiff, states as follows:—
A. B., the above-named plaintiff, states as follows:— 1. On the……day of………20..…., the defendant, by a registered instrument, let to the plaintiff [the
house No……..Street] for the term of……..years, contracting with the plaintiff, that he,
1. On the………day of……….……20……, the plaintiff and defendant mutually agreed that the the plaintiff, and his legal representatives should quietly enjoy possession thereof for the said term.
plaintiff should employ the defendant at as [annual] salary of…..rupees, and that the defendant should 2. All conditions were fulfilled and all things happened necessary to entitle the plaintiff to maintain
serve the plaintiff as [an artist] for the term of [one year]. this suit.
2. The plaintiff has always been ready and willing to perform his part of the agreement [and on the day 3. On the…………day of………….20...…., during the said term, E.F. who was the lawful owner of
of…….…….20…..…., offered so to do]. the said house, lawfully evicted the plaintiff therefrom, and still withholds the possession thereof from
him.
3. The defendant (entered upon) the service of the plaintiff on the above-mentioned day, but afterwards,
on the……….day of……….……20..……, he refused to serve the plaintiff as aforesaid. 4. The plaintiff was thereby [prevented from continuing the business of a tailor at the said place, was
compelled to expend……..rupees in moving, and lost the custom of G.H. and I.J by such removal].
[As in paras. 4 and 5 of Form No. 1, and relief claimed.] [As in paras. 4 and 5 of Form No. 1, and Relief claimed.]

237 238

No. 20 No. 23
ON AN AGREEMENT OF INDEMNITY POLLUTING THE WATER UNDER THE PLAINTIFF'S LAND
(Title)
(Title)
A. B., the above-named plaintiff, states as follows:—
A. B., the above-named plaintiff, states as follows:—
1. The plaintiff is, and at all the times hereinafter mentioned was, possessed of certain lands
1. On the..............day of.......................20.….., the plaintiff and defendant, being partners in trade called..........and situate in...........and of a well therein, and of water in the well, and was entitled to the
under the style of A. B. and C.D., dissolved the partnership, and mutually agreed that the defendant use and benefit of the well and of the water therein, and to have certain springs and streams of water
should take and keep all the partnership property, pay all debts of the firm and indemnify the plaintiff which flowed and ran into the well to supply the same to flow or run without being fouled or polluted.
against all claims that might be made upon him on account of any indebtedness of the firm. 2. On the........... day of ............20.........., the defendant wrongfully fouled and polluted the
2. The plaintiff duly performed all the conditions of the agreement on his part. well and the water therein and the springs and streams of water which flowed into the well.
3. On the.............. day of.....................20....….., [a judgment was recovered against the plaintiff 3. In consequence the water in the well became impure and unfit for domestic and other necessary
and defendant by E.F., in the High Court of Judicature at......., upon a debt due from the firm to E.F., purposes, and the plaintiff and his family are deprived of the use and benefit of the well and water.
and on the day of.................20.….,] the plaintiff paid.........rupees [in satisfaction of the same]. [As in paras. 4 and 5 of Form No. 1, and relief claimed.]
4. The defendant has not paid the same to the plaintiff. No. 24
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.] CARRYING ON A NOXIOUS MANUFACTURE
(Title)
No. 21
A. B., the above-named plaintiff, states as follows:—
PROCURING PROPERTY BY FRAUD
1. The plaintiff is, and at all the times hereinafter mentioned was, possessed of certain lands
(Title) called..........situate in...................
A. B., the above-named plaintiff, states as follows:— 2. Ever since the.................. day of....................20....., the defendant has wrongfully caused to
1. On the............... day of ........... .......20.…., the defendant, for the purpose of inducing the issue from certain smelting works carried on by the defendant large quantities of offensive and
plaintiff to sell him certain goods, represented to the plaintiff that [he, the defendant, was solvent, and unwholesome smoke and other vapours and noxious matter, which spread themselves over and upon
worth............rupees over all his liabilities]. the said lands, and corrupted the air, and settled on the surface of the lands.
3. Thereby the trees, hedges, herbage and crops of the plaintiff growing on the lands were
2. The plaintiff was thereby induced to sell [and deliver] to the defendant, [dry goods] of the
damaged and deteriorated in value, and the cattle and live-stocks of the plaintiff on the lands became
value of ........................ rupees.
unhealthy, and many of them were poisoned and died.
3. The said representations were false [or state the particular falsehoods] and were then known 4. The plaintiff was unable to graze the lands with cattle and sheep as he otherwise might have
by the defendant to be so. done, and was obliged to remove his cattle, sheep and farming stock therefrom, and has been
4. The defendant has not paid for the goods, [Or, if the goods were not delivered.] The prevented from having so beneficial and healthy a use and occupation of the lands as he otherwise
plaintiff, in preparing and shipping the goods and procuring their restoration, would have had.
expended..............rupees. [As in paras. 4 and 5 of Form No. 1, and relief claimed.]
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.] No. 25
No. 22 OBSTRUCTING A RIGHT OF WAY
FRAUDULENTLY PROCURING CREDIT TO BE GIVEN TO ANOTHER PERSON (Title)
A. B., the above-named plaintiff, states as follows:—
(Title)
1. The plaintiff is, and at the time hereinafter mentioned was, possessed of [a house in the
A. B., the above-named plaintiff, states as follows:— village of ................].
1. On the..........day of.................20.....…., the defendant, represented to the plaintiff that E.F., was 2. He was entitled to a right of way from the [house] over a certain field to a public highway and
solvent and in good credit, and worth................rupees over all his liabilities [or that E.F, then held a back again from the highway over the field to the house, for himself and his servants [with vehicles,
responsible or on foot] at all times of the year.
situation and was in good circumstances, and might safely be trusted with goods on credit].
3. On the................day of.......................20.........., defendant wrongfully obstructed the said way,
2. The plaintiff was thereby induced to sell to E.F., (rice) of the value of........ rupees [on.........months so that the plaintiff could not pass [with vehicles, or on foot, or in any manner] along the way [and
credit]. has ever since wrongfully obstructed the same].
3. The said representations were false and were then known by the defendant to be so, and were made 4. (State special damage, if any).
by him with intent to deceive and defraud the plaintiff [or to deceive and injure the plaintiff].
[As in paras. 4 and 5 of Form No. 1, and relief claimed.]
4. E.F, [did not pay for the said goods at the expiration of the credit aforesaid, or] has not paid for the
said rice, and the plaintiff has wholly lost the same.
[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]

239 240
 No. 26 [Or thus:—2. On that day the defendants by their servants so negligently and unskillfully drove and
managed an engine and a train of carriages attached thereto upon and along the defendant’s railway which
OBSTRUCTING A HIGHWAY
the plaintiff was then lawfully crossing that the said engine and train were driven and struck against the
(Title) plaintiff, whereby, etc., as in para. 3].
1. The defendant wrongfully dug a trench and heaped up earth and stones in the public highway
leading from.................. to......... so as to obstruct it. No. 30
2. Thereby the plaintiff, while lawfully passing along the said highway, fell over the said earth and INJURIES CAUSED IN NEGLIGENT DRIVING
stones, [or into the said trench] and broke his arm, and suffered great pain, and was prevented from
attending to his business for a long time, and incurred expense for medical attendance. (Title)
[As in paras. 4 and 5 of Form No. 1, and relief claimed.]
A. B., the above-named plaintiff, states as follows:—
No. 27
DIVERTING A WATER-COURSE 1. The plaintiff is a shoemaker, carrying on business at …………the defendant is a merchant
(Title) of …………………….
A. B., the above-named plaintiff, states as follows:—
2. On the …………. day of …………………20………, the plaintiff was walking southward along
1. The plaintiff is, and at the time hereinafter mentioned was, possessed of a mill situated on a Chowringhee, in the City of Calcutta, at about 3 o’clock in the afternoon. He was obliged to cross
[stream] known as the......... , in the village of........... , district of.......... Middleton Street, which is a street running into Chowringhee at right angles. While he was crossing this
2. By reason of such possession the plaintiff was entitled to the flow of the stream for working street, and just before he could reach the foot pavement on the further side thereof, a carriage of the
the mill. defendant's, drawn by two horses under the charge and control of the defendant's servants, was
3. On the....................... day of................20......, the defendant, by cutting the bank of the stream, negligently, suddenly and without any warning turned at a rapid and dangerous pace out of Middleton
wrongfully diverted the water thereof, so that less water ran into the plaintiff’s mill. Street into Chowringhee. The pole of the carriage struck the plaintiff and knocked him down, and he was
4. By reason thereof the plaintiff has been unable to grind more than....... sacks per day, whereas, much trampled by the horses.
before the said diversion of water, he was able to grind......sacks per day.
3. By the blow and fall and trampling the plaintiff’s left arm was broken and he was bruised and
[As in paras. 4 and 5 of Form No. 1, and relief claimed.] injured on the side and back, as well as internally, and in consequence thereof the plaintiff was for four
No. 28 months ill and in suffering, and unable to attend to his business, and incurred heavy medical and other
OBSTRUCTING A RIGHT TO USE WATER FOR IRRIGATION expenses, and sustained great loss of business and profits.
(Title) [As in paras. 4 and 5 of Form No. 1, and relief claimed.]
A. B., the above-named plaintiff, states as follows:—
1. The plaintiff is, and was at the times hereinafter mentioned was, possessed of certain lands No. 31
situate, etc., and entitled to take and use a portion of the water of a certain stream for irrigating the FOR MALICIOUS PROSECUTION
said lands.
2. On the.................day of.......................20.........., the defendant prevented the plaintiff from (Title)
taking and using the said portion of the said water as aforesaid, by wrongfully obstructing and
diverting the said stream. A. B., the above-named plaintiff, states as follows:—
[As in paras. 4 and 5 of Form No. 1, and relief claimed.] 1. On the ………….. day of ………………..…20.....……, the defendant obtained a warrant of arrest
No. 29 from …….…… [a Magistrate of the said city, or as the case may be] on a charge of …….…, and the
INJURIES CAUSED BY NEGLIGENCE ON A RAILROAD plaintiff was arrested thereon, and imprisoned for ……………. [days, or hours, and gave bail in the sum
(Title) of …………… rupees to obtain his release].
A. B., the above-named plaintiff, states as follows:— 2. In so doing the defendant acted maliciously and without reasonable or probable cause.
1. On the............ day of.............20........., the defendants were common carriers of passengers by
railway between ....... ...... and ................... 3. On the …………….. day of ……………….20……., the Magistrate dismissed the complaint of the
defendant and acquitted the plaintiff.
2. On that day the plaintiff was a passenger in one of the carriages of the defendants on the said
railway. 4. Many persons, whose names are unknown to the plaintiff, hearing of the arrest, and supposing the
3. While he was such passenger, at............... [or near the station of................. or between the plaintiff to be a criminal, have ceased to do business with him; or in consequence of the said arrest, the
stations of ................... and .................. ], a collision occurred on the said railway caused by the negligence and plaintiff lost his situation as clerk to one E.F.; or in consequence the plaintiff suffered pain of body and
unskilfulness of the defendants’ servants, whereby the plaintiff was much injured [having his leg broken, his mind, and was prevented transacting his business, and was injured in his credit, and incurred expense in
head cut, etc., and state the special damage, if any, as], and incurred expense for medical attendance and is obtaining his release from the said imprisonment and in defending himself against the said complaint.
permanently disabled from carrying on his former business as [a salesman].
[As in paras. 4 and 5 of Form No. 1, and relief claimed.] [As in paras. 4 and 5 of Form No. 1, and relief claimed].

241 242

No. 32 4. That the said piece of ground contained in fact only [five bighas].
5. [Facts showing when the cause of action arose and that the Court has jurisdiction.]
MOVABLES WRONGFULLY DETAINED
6. The value of the subject-matter of the suit for the purpose of jurisdiction is............. rupees and for
(Title) the purpose of court-fees is...................rupees.
A. B., the above-named plaintiff, states as follows:— 7. The plaintiff claims—
1. On the …………….. day of ……………20…...…, plaintiff owned [or state facts showing a right (1) .............. rupees, with interest from the ............. day of............... 20.......... .
to the possession] the goods mentioned in the schedule hereto annexed [or describe the goods,] the (2) that the said agreement be delivered up and cancelled.
estimated value of which is ………………. rupees. No. 35
2. From that day until the commencement of this suit the defendant has detained the same from AN INJUNCTION RESTRAINING WASTE
the plaintiff (Title)
3. Before the commencement of the suit, to wit, on the …………….. day of……….20 ……….., the A. B., the above-named plaintiff states as follows:—
plaintiff demanded the same from the defendant, but he refused to deliver them. 1. The plaintiff is the absolute owner of [describe the property].
[As in Paras 4 and 5 of Form No. 1.] 2. The defendant is in possession of the same under a lease from the plaintiff.
6. The plaintiff claims— 3. The defendant has [cut down a number of valuable trees, and threatens to cut down many more for the
purpose of sale] without the consent of the plaintiff.
(1) delivery of the said goods, or........... rupees, in case delivery cannot be had;
4. [Facts showing when the cause of action arose and that the Court has jurisdiction.]
(2) .................rupees compensation for the detention thereof. 5. The value of the subject-matter of the suit for the purpose of jurisdiction is.......... rupees and for the
No. 33 purpose of court-fees is........... rupees.
AGAINST A FRAUDULENT PURCHARER AND HIS TRANSFEREE WITH NOTICE 6. The plaintiff claims that the defendant be restrained by injunction from committing or permitting any
(Title) further waste on the said premises.
[Pecuniary compensation may also be claimed.]
A. B., the above-named plaintiff, states as follows:—
No. 36
1. On the …………... day of ….……..……20……., the defendant C.D., for the purpose of including INJUNCTION RESTRAINING NUISANCE
the plaintiff to sell him certain goods, represented to the plaintiff that [he was solvent, and worth ………
(Title)
rupees over all his liabilities].
A. B., the above-named plaintiff, states as follows:—
2. The plaintiff was thereby induced to sell and deliver to C.D. [one hundred boxes of tea], the
1. Plaintiff is, and at all the times hereinafter mentioned was, the absolute owner of [the house
estimated value of which is ……………… rupees. No.....................Street, Calcutta].
3. The said representations were false, and were then known by C.D. to be so [or at the time of 2. The defendant is, and at all the said times was, the absolute owner of [a plot of ground in the same
making the said representations, C.D. was insolvent, and knew himself to be so]. street................].
4. C.D. afterwards transferred the said goods to the defendant E.F. without consideration [or who had 3. On the ................ day of...............20.........., the defendant erected upon his said plot a slaughter-
notice of the falsity of the representation]. house, and still maintains the same; and from that day until the present time has continually caused cattle to
5. [Facts showing when the cause of action arose and that the Court has jurisdiction. ] be brought and killed there [and has caused the blood and offal to be thrown into the street opposite the said
house of the plaintiff].
6. The value of the subject-matter of the suit for the purpose of jurisdiction is ………….. rupees and
[4. In consequence the plaintiff has been compelled to abandon the said house, and has been unable to
for the purpose of court-fees is ………….. rupees. rent the same.]
7. The plaintiff claims— 5. [Facts showing when the cause of action arose and that the Court has jurisdiction.]
(1) delivery of the said goods, or ………………. rupees, in case delivery cannot be had; 6. The value of the subject-matter of the suit for the purpose of jurisdiction is rupees and for the
(2) ……………….. rupees compensation for the detention thereof. purpose of court-fees is...........rupees.
No. 34 7. The plaintiff claims that the defendant be restrained by injunction from committing or permitting any
further nuisance.
RESCISSION OF A CONTRACT ON THE GROUND OF MISTAKE
No. 37
(Title) PUBLIC NUISANCE
A. B., the above-named plaintiff, states as follows:— (Title)
1. On the ……………. day of ………………………20……….. , the defendant represented to the A. B., the above-named plaintiff, states as follows:—
plaintiff that a certain piece of ground belonging to the defendant, situated at ……………., contained [ten 1. The defendant has wrongly heaped up earth and stones on a public road known as...............Street
bighas]. at...........so as to obstruct the passage of the public along the same and threatens and intends, unless
2. The plaintiff was thereby induced to purchase the same at the price of ……………….rupees in the restrained from so doing, to continue and repeat the said wrongful act.
1[*2. The plaintiff has obtained the leave of the Court for the institution of this suit.]
belief that the said representation was true, and signed an agreement, of which the original is hereto
annexed. But the land has not been transferred to him.
3. On the …………….. day of ………………………20………, the plaintiff paid the defendant
rupees as part of the purchase money. 1. Subs. by Act 104 of 1976, s. 93, for paragraph 2 (w.e.f. 1-2-1977).
*Not applicable where suit is instituted by the Advocate-General.

243 244
 [As in paras. 4 and 5 of Form No. 1] 6. The suit is not brought by collusion with either of the defendants.
[As in paras. 4 and 5 of Form No. 1.]
5. The plaintiff claims—
(1) a declaration that the defendant is not entitled to obstruct the passage of the public along the 9. The plaintiff claims—
said road; (1) that the defendants be restrained, by injunction, from taking any proceedings against the
(2) an injunction restraining the defendant from obstructing the passage of the public along the plaintiff in relation thereto;
said public road and directing the defendant to remove the earth and stones wrongfully heaped up as
aforesaid. (2) that they be required to interplead together concerning their claims to the said property;
No. 38 [(3) that some person be authorised to receive the said property pending such litigation;]
INJUNCTION AGAINST THE DIVERSION OF A WATER-COURSE
(Title) (4) that upon delivering the same to such [person] the plaintiff be discharged from all liability to
either of the defendants in relation thereto.
A. B., the above-named plaintiff, states as follows:—
[As in form No. 27.] No. 41
The plaintiff claims that the defendant be restrained by injunction from diverting the water as aforesaid. ADMINISTRATION BY CREDITOR ON BEHALF OF HIMSELF AND ALL OTHER CREDITORS
No. 39 (Title)
RESTORATION OF MOVABLE PROPERTY THREATENED WITH DESTRUCTION AND FOR AN INJUNCTION
(Title) A. B., the above-named plaintiff, states as follows:—
A. B., the above-named plaintiff, states as follows:— 1. E.F. late of................. , was at the time of his death, and his estate still is, indebted to the
1. Plaintiff is, and at all times hereinafter mentioned was, the owner of [a portrait of his grandfather plaintiff in the sum of....................... [here insert nature of debt and security, if any].
which was executed by an eminent painter], and of which no duplicate exists [or state any facts
2. E.F. died on or about the........................... day of.......................By his last will, dated the...........
showing that the property is of a kind that cannot be replaced by money].
day of.............he appointed C.D. his executor [or devised his estate in trust, etc., or died intestate, as
2. On the.............. day of...............20......, he deposited the same for the safe-keeping with the the case may be].
defendant.
3. On the............... day of...............20......, he demanded the same from the defendant and offered
3. The will was proved by C.D. [or letters of administration were granted, etc.].
to pay all reasonable charges for the storage of the same. 4. The defendant has possessed himself of the movable [and immovable], or the proceeds of the
4. The defendant refuses to deliver the same to the plaintiff and threatens to conceal, dispose of, cut immovable property of E.F. and has not paid the plaintiff his debt.
or injure the same if required to deliver it up.
[As in paras. 4 and 5 of Form No. 1.]
5. No pecuniary compensation would be an adequate compensation to the plaintiff for the loss of the
[painting]. 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.
[As in paras. 4 and 5 of Form No. 1. ]
8. The plaintiff claims— No. 42
ADMINISTRATION BY SPECIFIC LEGATEE
(1) that the defendant be restrained by injunction from disposing of, injuring or concealing the (Title)
said [painting], [Alter Form No. 41 thus]
(2) that he be compelled to deliver the same to the plaintiff.
[Omit paragraph 1 and commence paragraph 2] E.F. late of ..... , died on or about the..........................
No. 40
INTERPLEADER 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].
(Title)
A. B., the above-named plaintiff, states as follows:— For paragraph 4 substitute—
1. Before the date of the claims hereinafter mentioned G.H. deposited with the plaintiff [describe the The defendant is in possession of the movable property of E.F., and, amongst other things, of the
property] for [safe-keeping]. said [here name the subject of the specific bequest].
2. The defendant C.D. claims the same [under an alleged assignment thereof to him from G.H.].
For the commencement of paragraph 7 substitute—
3. defendant E. F. also claims the same [under an order of G.H. transferring the same to him.]
4. The plaintiff is ignorant of the respective rights of the defendants. 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.
5. He has no claim upon the said property other than for charges and costs, and is ready and willing to
deliver it to such persons as the Court shall direct.

245 246

No. 43
ADMINISTRATION BY PECUNIARY LEGATEE 6. The plaintiff is desirous to account for all the rents and profits of the said immovable property [and
(Title) 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 occurring to the plaintiff as such trustee
[Alter Form No. 41 thus] in the execution of the said trust]; and he prays that the Court will take the accounts of the said trust, and
[Omit paragraph 1 and substitute for paragraph 2] E.F, late of.......... ........................, died on or about 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
the.............. day of ...............................................By his last will, dated the...........................................day such other persons so interested as the Court may direct, or that C.D. may show good cause to the contrary.
of...................... he appointed C.D. his executor, and bequeathed to the plaintiff a legacy of............ [N.B.—Where the suit is by a beneficiary, the plaint may be modelled mutatis mutandis on the plaint
rupees. by a legatee.]
In paragraph 4 substitute “legacy” for “debt” No. 45
Another form FORECLOSURE OR SALE
(Title) (Title)
E. F, the above-named plaintiff, states as follows:— A. B., the above-named plaintiff, states as follows:—
1. The plaintiff is mortgagee of lands belonging to the defendant.
1. A. B. of K. in the…………………died on the……………. Day of….………….……by his last will,
dated the........... day of..............., he appointed the defendant and M.N. [who died in the testator’s lifetime] 2. The following are the particulars of the mortgage:—
his executors, and bequeathed his property, whether movable or immovable, to his executors in trust, to (a) (date);
pay the rents and income thereof to the plaintiff for his life; and after his decease, and in default of his (b) (names of mortgagor and mortgagee);
having a son who should attain twenty-one, or a daughter who should attain that age or marry, upon trust (c) (sum secured);
as to his immovable property for the person who would be the testator's heir-at-law, and as to his movable
property for the persons who would be the testator’s next-of-kin if he had died intestate at the time of the (d) (rate of interest);
death of the plaintiff and such failure of his issue as aforesaid. (e) (Property subject to mortgage);
2. The will was proved by the defendant on the...............................day of........................The plaintiff (f) (amount now due);
has not been married. (g) (if the plaintiff's title is derivative, state shortly the transfers or devolution under
which he claims).
3. The testator was at his death entitled to movable and immovable property; the defendant entered
into the receipt of the rents of the immovable property and got in the movable property; he has sold some (If the plaintiff is mortgagee in possession add).
part of the immovable property. 3. The plaintiff took possession of the mortgaged property on the .........day of........................ and is
ready to account as mortgagee in possession from that time.
[As in paras. 4 and 5 of Form No. 1.]
[As in paras. 4 and 5 of Form No. 11
6. The plaintiff claims— 6. The plaintiff claims—
(1) to have a movable and immovable property of A. B. administered in this Court, and for that (1) payment, or in default [sale or] foreclosure [and possession];
purpose to have all proper directions given and accounts taken; [Where Order 34, rule 6, applies.]
(2) such further or other relief as the nature of the case may require. (2) in case the proceeds of the sale are found to be insufficient to pay the amount due to the
No. 44 plaintiff then that liberty be reserved to the plaintiff to apply for 1[an order for the balance].
EXECUTION OF TRUSTS No. 46
(Title) REDEMPTION
(Title)
A. B., the above-named plaintiff, states as follows:—
A. B., the above-named plaintiff, states as follows:—
1. He is one of the trustees under an instrument of settlement bearing date on or about 1. The plaintiff is mortgagor of lands of which the defendant is mortgagee.
the.................day of............................. made upon the marriage of E.E. and G.H., the father and mother
of the defendant [or an instrument of transfer of the estate and effects of E.F. for the benefit of C.D., the 2. The following are the particulars of the mortgage:—
defendant, and the other creditors of E.F.]. (a) (date);
2. A.B. has taken upon himself the burden of the said trust, and is in possession of [or of the proceeds (b) (names of mortgagor and mortgagee);
of] the movable and immovable property transferred by the said instrument. (c) (sum secured);
3. C.D. claims to be entitled to a beneficial interest under the instrument. (d) (rate of interest);

[As in paras. 4 and 5 of Form No. 1.]

1. Subs. by Act 104 of 1976 s. 93, for “a decree for the balance” (w.e.f. 1-2-1977).

247 248
 (e) (property subject to mortgage); No. 49
(f) (If the plaintiff’s title is derivative, state shortly the transfers or devolution under which he PARTNERSHIP
claims). (Title)
(If the defendant is mortgagee in possession, add) A.B., the above-named plaintiff, states as follows:—
3. The defendant has taken possession [or has received the rents] of the mortgaged property. 1. He and C.D., the defendant, have been for......................years [or months] past carrying on business
[As in paras. 4 and 5 of Form No. 1.] together under articles of partnership in writing [or under a deed, or under a verbal agreement].
6. The plaintiff claims to redeem the said property and to have the same reconveyed to him [and 2. Several disputes and differences have arisen between the plaintiff and defendant as such partners whereby
to have possession thereof]. 1[together with mesne profits]. it has become impossible to carry on the business in partnership with advantage to the partners, [Or the defendant
No. 47 has committed the following breaches of the partnership articles:—
SPECIFIC PERFORMANCE (No. 1) (1)
(Title) (2)
(3) .]
A. B., the above-named plaintiff, states as follows:—
1. By an agreement dated the........... day of................and signed by the defendant, he contracted to [As in paras. 4 and 5 of Form No. 1.]
buy of [or sell to] the plaintiff certain immovable property therein described and deferred to, for the sum 5. The plaintiff claims—
of........................ rupees. (1) dissolution of the partnership;
2. The plaintiff has applied to the defendant specifically to perform the agreement on his part, but the (2) that accounts be taken;
defendant has not done so.
(3) that a receiver be appointed.
3. The plaintiff has been and still is ready and willing specifically to perform the agreement on his
part of which the defendant has had notice. (N.B.—In suits for the winding-up of any partnership, omit the claim for dissolution; and instead insert a
[As in paras. 4 and 5 of Form No. 1.] paragraph stating the facts of the partnership having been dissolved).
6. The plaintiff claims that the Court will order the defendant specifically to perform the agreement (4) WRITTEN STATEMENTS
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. General Defences
No. 48
SPECIFIC PERFORMANCE (No. 2)
Denial—The defendant denies that (set out facts).
(Title)
A. B., the above-named plaintiff, states as follows:— The defendant does not admit that (set out facts).

1. On the..............day of..............20............, the plaintiff and defendant entered into an agreement, in The defendant admits that………………but says that……………
writing, and the original document is hereto annexed. The defendant denies that he is a partner in the defendant firm of……………………
The defendant was absolutely entitled to the immovable property described in the agreement. Protest—The defendant denies that he made the contract alleged or any contract with the plaintiff.
2. On the...........day of...............20............, the plaintiff tendered rupees to the defendant, and
The defendant denies that he contracted with the plaintiff as alleged or at all.
demanded a transfer of the said property by a sufficient instrument.
3. On the..........day of..................20.........., the plaintiff again demanded such transfer. [Or the The defendant admits assets but not the plaintiff’s claim.
defendant refused to transfer the same to the plaintiff.] The defendant denies that the plaintiff sold to him the goods mentioned in the plaintiff or any of them.
4. The defendant has not executed any instrument of transfer. Limitation—The suit is barred by article.....................................or article...............of the Second
5. The plaintiff is still ready and willing to pay the purchase-money of the said property to the Schedule to the Indian1 Limitation Act, 1877 (15 of 1877).
defendant. Jurisdiction—The Court has no jurisdiction to hear the suit on the ground that (set forth the grounds).
[As in paras. 4 and 5 of Form No. 1.] On the ........................................................................................day of....................... a diamond ring was delivered
8. The plaintiff claims— by the defendant to and accepted by the plaintiff in discharge of the alleged cause of action.
Insolvency—The defendant has been adjudged an insolvent.
(1) that the defendant transfers the said property to the plaintiff by a sufficient instrument
[following the terms of the agreement]; The plaintiff before the institution of the suit was adjudged an insolvent and the right to sue vested in
the receiver.
(2)……………. rupees compensation for withholding the same. Minority—The defendant was a minor at the time of making the alleged contract.

1. Ins. by Act 104 of 1976, s. 93 (w.e.f. 1-2-1977). 1. See now the Limitation Act, 1963 (36 of 1963).

249 250

Payment into Court—The defendant as to the whole claim (or as to Rs..........part of the money claimed, or
as the case may be) has paid into Court Rs................................and says that this sum is enough to satisfy 2. As to the whole [or as to Rs...................... , part of the money claimed] the defendant made tender
the plaintiff's claim (or the part aforesaid). before suit of Rs.........and has paid the same into Court.
Performance remitted—The performance of the promise alleged was remitted on the date). No. 5
Rescission—The contract was rescinded by agreement between the plaintiff and defendant. DEFENCE IN SUITS FOR INJURIES CAUSED BY NEGLIGENT DRIVING
Res judicata—The plaintiff's claim is barred by the decree in suit (give the reference).
1. The defendant denies that the carries mentioned in the plaint was the defendant's
Estoppel—The plaintiff is estopped from denying the truth of (insert statement as to which estoppel carriage, and that it was under the charge or control of the defendant's servants. The carriage
is claimed) because (here state the facts relied on as creating the estoppel). belonged to....................... of.....................Street, Calcutta, livery stable keepers employed by the
Ground of defence subsequent to institution of suit—Since the institution of the suit, that is to defendant to supply him with carriages and horses and the person under whose charge and control the said
carriage was, was the servant of the said.
say, on the...................... day of.................................. (set out facts).
2. The defendant does not admit that the said carriage was turned out of Middleton Street either
No. 1 negligently, suddenly or without warning, or at a rapid or dangerous pace.

DEFENCE IN SUITS FOR GOODS SOLD AND DELIVERED 3. The defendant says the plaintiff might and could, by the exercise of reasonable care and diligence,
have seen the said carriage approaching him, and avoided any collision with it.
1. The defendant did not order the goods.
4. The defendant does not admit the statements contained in the third paragraph of the plaint.
2. The goods were not delivered to the defendant.
3. The price was not Rs. No. 6
[or] DEFENCE IN ALL SUITS FOR WRONGS
4. 1. 1. Denial of the several acts [or matters] complained of.
5. Except as to Rs. , same as 2. No. 7
6. 3. DEFENCE IN ALL SUITS FOR DETENTION OF GOODS
7. the defendant [or A. B., the defendant's agent] satisfied the claim by payment before suit to 1. The goods were not the property of the plaintiff.
the plaintiff [or to C.D., the plaintiff's agent] on the day of 20,
2. The good were detained for a lien to which the defendant was entitled.
8. The defendant satisfied the claim by payment after suit to the plaintiff on the day of 20
Particulars are as follows:—
No. 2 1907, May 3rd To carriage of the goods claimed from Delhi to Calcutta:—
DEFENCE IN SUITS ON BONDS 45 maunds at Rs. 2 per maund.................Rs. 90.
1. The bond is not the defendant’s bond. No. 8
2. The defendant made payment to the plaintiff on the day according to the condition of the bond.
DEFENCE IN SUITS FOR INFRINGEMENT OF COPYRIGHT
3. The defendant made payment to the plaintiff after the day named and before suit of the
principal and interest mentioned in the bond. 1. The plaintiff is not the author [assignee, etc.]
No. 3 2. The book was not registered.
DEFENCE IN SUITS ON GUARANTEES 3. The defendant did not infringe.
1. The principal satisfied the claim by payment before suit.
No. 9
2. The defendant was released by the plaintiff giving time to the principal debtor in pursuance of
a binding agreement. DEFENCE IN SUITS FOR INFRINGEMENT OF TRADE MARK
No. 4 1. The trade mark is not the plaintiff’s.
DEFENCE IN ANY SUITS FOR DEBT 2. The alleged trade mark is not a trade mark.
1. As to Rs. 200 of the money claimed, the defendant is entitled to set off for goods sold and delivered by 3. The defendant did not infringe.
the defendant to the plaintiff.
No. 10
Particulars are as follows : Rs.
1907 January 25th. . . . . . . . . . . . . . . . . . . 150 DEFENCE IN SUITS RELATING TO NUISANCES
,, February 1st . . . . . . . . . . . . . . . . . . . . . . . . . 50 1. The plaintiff’s lights are not ancient [or deny his other alleged prescriptive rights].
2. The plaintiff’s lights will not be materially interfered with by the defendant’s buildings.
Total 200
3. The defendant denies that he or his servants pollute the water [or do what is complained of].

251 252
 No. 13
[If the defendant claims the right by prescription or otherwise to do what is complained of, he must
say so, and must state the grounds of the claim, i.e., whether by prescription, grant or what.] DEFENCE TO SUIT FOR SPECIFIC PERFORMANCE
1. The defendant did not enter into the agreement.
4. The plaintiff has been guilty of laches of which the following are particulars:—
2. A.B. was not the agent of the defendant (if alleged by plaintiff).
1870. Plaintiff 's mill began to work. 3. The plaintiff has not performed the following conditions—(Conditions).
1871. Plaintiff came into possession. 4. The defendant did not—(alleged acts of part performance).

1883. First complaint. 5. The plaintiff's title to the property agreed to be sold is not such as the defendant is bound to
5. As to the plaintiff's claim for damages the defendant will rely on the above grounds of defence, and accept by reason of the following matter—(State why).
says that the acts complain of have not produced any damage to the plaintiff [If other grounds are relied on, 6. The agreement is uncertain in the following respects—(State them).
they must be stated, e.g., limitation as to past damage.]
7. (or) The plaintiff has been guilty of delay.
No. 11 8. (or) The plaintiff has been guilty of fraud (or misrepresentation).
DEFENCE TO SUIT FOR FORECLOSURE 9. (or) The agreement is unfair.
10. (or) The agreement was entered into by mistake.
1. The defendant did not execute the mortgage.
11. The following are particulars of (7), (8), (9), (10) (or as the case may be).
2. The mortgage was not transferred to the plaintiff (if more than one transfer is alleged, say which is 12. The agreement was rescinded under Conditions of Sale, No. 11 (or by mutual agreement).
denied).
(In cases where damages are claimed and the defendant disputes his liability to damages, he must
3. The suit is barred by article................................................of the Second Schedule to the Indian 1 deny the agreement Or the alleged breaches, or show whatever other ground of defence he intends to
Limitation Act, 1877 (15 of 1877). rely on, e.g., the 1Indian Limitation Act, accord and satisfaction, release, fraud, etc.)
No. 14
4. The following payment have been made, viz, :—
DEFENCE IN ADMINISTRATION SUIT BY PECUNIARY LEGATEE
(Insert date)— Rs. 1,000 1. A.B. ‘s will contained a charge of debts; he died insolvent; he was entitled at his death to some
(Insert date)— Rs. 500 immovable property which the defendant sold and which produced the net sum of Rs..................., and the
testator had some movable property which the defendant got in, and which produced the net sum of Rs............
5. The plaintiff took possession on the......................of ... ..............and has received the rents ever since. 2. The defendant applied the whole of the said sums and the sum of Rs....................... ..........which the
6. The plaintiff released the debt on the ..........................of............................................. defendant received from rents of the immovable property in the payment of the funeral and testamentary
expenses and some of the debts of the testator.
7. The defendant transferred all his interest to A. B. by a document dated.......... 3. The defendant made up his accounts and sent a copy thereof to the plaintiff on the.................. ..day
of...................... 20........., and offered to plaintiff free access to the vouchers to verify such accounts,
No. 12
but he declined to avail himself of the defendant’s offer.
DEFENCE TO SUIT FOR REDEMPTION 4. The defendant submits that the plaintiff ought to pay the cost of this suit.
1. The plaintiff’s right to redeem is barred by article of the Second Schedule to the 1Indian Limitation No. 15
Act 1877 (15 of 1877).
PROBATE OF WILL IN SOLEMN FORM
2. The plaintiff transferred all interest in the property to A. B.
1. The said will and codicil of the deceased were not duly executed according to the provisions of the
3. The defendant, by a document dated the....................day of ..............transferred all his interest in Indian Succession Act, 18652 (10 of 1865) [or of the Hindu Wills Act, 18702 (21 of 1870)].
the mortgage-debt and property comprised in the mortgage to A.B. 2. The deceased at the time the said will and codicil respectively purport to have been executed, was
not of sound mind, memory and understanding.
4. The defendant never took possession of the mortgaged property, or received the rents thereof.
3. The execution of the said will and, codicil was obtained by the undue influence of the plaintiff [and
(if the defendant admits possession for a time only, he should state the time and deny possession others acting with him whose names are at present unknown to the defendant].
beyond what he admits.) 4. The execution of the said will and codicil was obtained by the fraud of the plaintiff, such fraud so
far as is within the defendant’s present knowledge, being [state the nature of the fraud].

1. See now the Limitation Act, 1963 (36 of 1963).

2. See now the Indian Succession Act, 1925 (39 of 1925).

1. See now the Limitation Act, 1963 (36 of 1963).

253 254

5. The deceased at the time of the execution of the said will and codicil did not know and approve APPENDIX B
the contents thereof [or of the contents of the residuary clause in the said will, as the case may be]. PROCESS
6. The deceased made his true last will, dated the 1st January, 1873, and thereby appointed the No. 1.
defendant sole executor thereof.
SUMMONS FOR DISPOSAL OF SUIT (O. 5, rr.1.5.)
The defendant claims— (Title)
(1) that the Court will pronounce against the said will and codicil propounded by the plaintiff ;
To
(2) that the Court will decree probate of the will of the deceased, dated the 1st January, 1873, in
solemn form of law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name, description and place of residence.]
No. 16 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
PARTICULARS (O.6, r. 5.) questions,...............on.................the........................................day.................of........................20..................,
at.........................................O’clock in the................................................ noon, to answer the claim ; and
(Title of suit) 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
Particulars.—The following are the particulars of (here state the matters in respect of which intend to rely in support of your defence.
particulars have been ordered) delivered pursuant to the order of the of
(Here set out the particulars ordered in paragraphs if necessary). 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.

2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to
avoid execution of the decree, which may be against your person or property, or both.

255 256
 1
[No. 4
No. 2 SUMMONS IN A SUMMARY SUIT
SUMMONS FOR SETTLEMENT OF ISSUES (O. 5, rr.1. 5.) (O. 37, r. 2)
(Title)
(Title)
To. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name description and place of residence.]
T o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name, description and place of residence.]
WHEREAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has instituted a suit against you WHEREAS........................... has instituted a suit against you under Order XXXVII of the Code of Civil
for……………………………..you are hereby summoned to appear in this Court in person, or by a Procedure, 1908, for Rs.................and interest, you are hereby summoned to cause and appearance to be
pleader duly instructed, and able to answer all material question relating to the suit, or who shall be entered for you, within ten days from the service hereof, in default hereof the plaintiff will be entitled,
accompanied by some person able to answer all such questions, on
the.........................................................day of……......................20....................., at......................O'clock after the expiration of the said period of ten days, to obtain a decree for any sum not exceeding the sum of
in the………….................noon, to answer the claim; 1[and further you are hereby directed to file on that Rs....................and the sum of Rs..........................for costs, together with such interest, if any, as the Court may
day a written statement of your defence and to produce on the said day all documents in your possession order.
or power upon which you base your defence or claim for set-off or counterclaim, and where you rely on
any other document whether in your possession or power or not, as evidence in support of your defence If you cause an appearance to be entered for you, the plaintiff will thereafter server upon you a
or claim for set-off or counterclaim, you shall enter such documents in a list to be annexed to the written summons for judgment at the hearing of which you will be entitle to move the Court for leave to defend
statement].
the suit.
Take note that, in default of your appearance on the day before mentioned, the suit will be heard Leave to defend may be obtained if you satisfy the Court by affidavit or otherwise that there is
and determined in your absence.
defence to the suit on the merits or that it is reasonable that you should be allowed to defend.
GIVEN under my hand and the seal of the Court, this .............. day of .................. 20 ........... Given under my hand and the seal of the Court, this............................day of...........................20...........
Judge. Judge.]
NOTICE—1. Should you apprehend your witnesses will not attend of their own accord, you can
2
have a summons from this Court to compel the attendance of any witness, and the production of any [No. 4A
document that you have a right to call on the witness to produce, on applying to the Court and on SUMMONS FOR JUDGMENT IN A SUMMARY SUIT
depositing the necessary expenses.
(O. 37, r. 3)
2. If you admit the claim, you should pay the money into Court together with the costs of the suit, (Title)
to avoid execution of the decree, which may be against your person or property, or both.
In the..............................Court, at..............................Suit No................................................of 20
No. 3 XYZ Plaintiff
SUMMONS TO APPEAR IN PERSON (O. 5, r. 3.) Versus
(Title) ABC Defendant
T o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name, description and place of residence.] Upon reading the affidavit of the plaintiff the Court makes the following order, namely:—

WHEREAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has instituted a suit against you Let all parties concerned attend the Court or Judge, as the case may be, on the .....................day of
for...............you are hereby summoned to appear in this Court in person on the….............................. day .................. 20 , at ..........................O’clock in the forenoon on the hearing of the application of the
of ...................... 20........................................at O’clock in the....................................noon, to answer the plaintiff that he be at liberty to obtain judgment in this suit against the defendant (or if against one or
claim; and you are directed to produce on that day all the documents upon which you intend to rely in
support of your defence. some or several, insert names) for Rs....................and for interest and costs.
Date the ......................day of.................. 20 .]
Take notice that, in default of your appearance on the day before mentioned, the suit will be heard
and determined in your absence. Judge.
GIVEN under my hand and the seal of the Court, this.......................... day of ............................. 20
Judge.

1. Subs. by Act 104 of 1976, s. 94, for certain words (w.e.f- 1-2-1977). 1. Subs. by Act 104 of 1976, s. 94, for Form No. 4 (w.e.f 1-2-1977).
2. Subs. by s. 94, ibid. (w.e.f. 1-2-1977).

257 258

No. 5 No. 8
NOTICE TO PERSON WHO, THE COURT CONSIDERS, SHOULD BE ADDED AS CO-PLAINTIFF ORDER FOR TRANSMISSION OF SUMMIONS TO BE SERVED ON A PRISONER
(O. 1, r. 10)
(o. 5, r. 25.)
(Title)
(Title)
To
To. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name, description and place of residence.] ...........................
WHEREAS.........................has instituted a suit against.........................for..............................and whereas ...........................
it appears necessary that you should be added as plaintiff in the said suit in order to enable the Court The Superintendent of the Jail at........................................................................................................
effectually and completely to adjudicate upon and settle all the questions involved. ............................................. .............................................................................................................
Take notice that you should on or before the .................. day of ........................ 20, signify to this Under the provisions of Order V, rule 24, of the Code of Civil Procedure, 1908, a summons in
duplicate is here with forwarded for service on the defendant.................. who is............... a prisoner in
Court whether you consent to be so added. jail, You are requested to cause a copy of the said summons to be served upon the said defendant and to
Given under my hand and the seal of the Court, this .................day of ...................... 20 return the original to this Court signed by the said defendant, with a statement of service endorsed
J ud ge. thereon by you.
No. 6 Judge.
SUMMONS TO LEGAL REPRESENTATIVE OF A DECEASED DEFENDANT No. 9
(O. 22, r. 4)
ORDER FOR TRANSMISSION OF SUMMONS TO BE SERVED ON A PUBLIC SERVANT OR SOLDIER
(Title)
To (O. 5, rr. 27, 28.)
WHEREAS the plaintiff .................... ...........instituted a suit in this Court on the… ..........................day (Title)
of.............../20....against the defendant........ who has since deceased, and whereas the said plaintiff has To
made an application to this Court alleging that you are the legal representative of the said, .. deceased,
and desiring that you be made the defendant in his stead; UNDER the provisions of Order V, rule 27 (or 28, as the case may be), of the Code of Civil
You are hereby summoned to attend in this Court on the…………day of........... ......... ......20......., at Procedure, 1908, a summons in duplicate is herewith forwarded for service on the
…………….A.M. to defend the said suit and, in default of your appearance on the day specified, the said defendant…………….who is stated to be serving under you. You are requested to cause a copy of the
suit will be heard and determined in your absence. said summons to be served upon the said defendant and to return the original to this Court signed by the
Given under my hand and the seal of the Court, this .................day of ...................... 20 said defendant, with a statement of service endorsed thereon by you.
J ud ge. Judge.
No. 7 No. 10
ORDER FOR TRANSMISSION OF SUMMONS FOR SERVICE IN THE JURISDICTION OF ANOTHER COURT TO ACCOMPANY RETURNS OF SUMMONS OF ANOTHER COURT
(O. 5, r. 21) (O. 5, r. 23.)
(Title) (Title)
WHEREAS it is stated that ................................................................................................ Read proceeding from the .................. forwarding................ for service on ................... in Suit No.
...............................Of...............20........... of that Court.
defendant in the above suit is at present residing in..........................................................
Read Serving Officer's endorsement stating that the.....................and proof of the above having been
witness duly taken by me on the oath of............................ and.................................it is ordered that the...............be
It is ordered that a summons returnable on the ....................day of...........................20....... , be returned to the.............with a copy of this proceeding.
forwarded to the ..............Court of ................for service on the said
defendant/witness............ with a duplicate of this proceeding. Judge.
NOTE .—This form will be applicable to process other than summons, the service of which may have
to be effected in the same manner.
The court-fee of ............. chargeable in respect to the summons has been realised on this Court in
stamps.
Dated ........................20 .........
Judge.

259 260
 No. 11 (b)
AFFIDAVIT OF PROCESS-SERVER TO ACCOMPANY RETURN OF A SUMMONS OR NOTICE (a) Enter fully and exactly the manner in which the process was served, with special reference to
Order 5, rules 15 and 17.
(O. 5, r. 18.)
(b) Signature of process-server.
(Title)
or,
The affidavit of...................................... , son of ...................................................................................................
I............................................................................................................................make oath (3) One...........accompanied me to....................and there pointed out to me which he said was the
house in which......................ordinarily resides. I did not find the said...............there.
affirm
and say as follows :— (a)
(1) I am a process-server of this Court. (b)
summons
(2) On the day of......................................20...........I received a
notice
(a) Enter fully and exactly the manner in which the process was served, with special reference to
issued by the Court of ...........in Suit No. .............of............. 20..........., in the said Court, dated the Order 5, rules 15 and 17.
day of ..........20..........., for service on
(3) The said...............was at the time personally known to me, and I served the said Summons (b) Signature of process-server.
notice or,
If substituted service has been ordered, state fully and exactly the manner in which the summons was
served with special reference to the terms of the order for substituted service.
him On the ..........day of........20........, at about....................O’clock in the ................
her Sworn
................noon at......................by tendering a copy thereof to him and requiring His
by the said............................................................................................................before me
her her
affirmed
Signature to the original notice this......................................................day of..................20..............

(a) Empowered under section 139 of the

(b) Code of Civil Procedure, 1908, to
(a) Here state whether the person served signed or refused to sing the process, and in whose administer the oath to deponents.
presence. No. 12
(b) Signature of process-server. NOTICE TO DEPENDANT
or, (O. 9, r. 6.)
(3) The said........................not being personally known to me.............accompanied me............to (Title)
summons To......................................................... [Name, description and place of residence.]
and pointed out to me a person whom he stated to be the said......., and I served the said..... WHEREAS this day was fixed for the hearing of the above suit and a summons was issued to you and the
notice plaintiff has appeared in this Court and you did not so appear, but from the return of the Nazir it has been
proved to the satisfaction of the Court that the said summons was served on you but not in sufficient time
on Him to enable you to appear and answer on the day fixed in the said summons;
on the ......................day of...................20......., at about...............o’clock in the..........
her Notice is hereby given to you that the hearing of the suit is adjourned this day and that
the................... day of..........................20....................................is now fixed for the hearing of the same;
noo at.....by tendering a copy thereof to him and requiring him summon in default of your appearance on the day last mentioned the suit will be heard and determined in your
n Signature to the original absence.
her her notice GIVEN under my hand and the seal of the Court, this .........................day of ............... 20.......
J ud ge.
(a) No. 13
(b) SUMMONS TO WITNESS
(a) Here state whether the person served signed or refused to sing the process, and in whose (O. 16, rr. 1, 5.)
presence. (Title)
(b) Signature of process-server. To.........................................................
or, WHEREAS your attendance is required to................................................................................................
(3) The said.............and the house in which he ordinarily resides being personally known to me, I on behalf of the...........................................................................................................................in the above
went to the said house, in ................and thereon the .................day, of ......................19 suit, you are hereby required [personally] to appear before this Court on the................................... day of
at about.......................o’clock in the...............noon , I did not find the said.................... ............ 20..........., at....................O’clock in the forenoon, and to bring with you [or to send to this
(a) Court].

261 262

A sum of Rs................, being your travelling and other expenses and subsistence allowance for one
day, is herewith sent. If you fail to comply with this order without lawful excuse, you will be subject to
the consequences of non-attendance laid down in rule 12 of Order XVI of the Code of Civil Procedure, No. 16
1908. WARRANT OF ATTACHMENT OF PROPERTY OF WITNESS (O. 16, r. 10.)
GIVEN under my hand and the seal of the Court, this............................day of.....................20............... (Title)
To
Judge.
The Bailiff of the Court.
NOTICE.—(1) If you are summoned only to produce a document and not to give evidence, you shall WHEREAS the witness..........................................................................................................................cited by
be deemed to have complied with the summons if you cause such document to be produced in this Court ............................................................................................................................. .......has not, after the
on the day and hour aforesaid. expiration of the period limited in the proclamation issued for his attendance, appeared in Court; You
(2) If you are detained beyond the day aforesaid, a sum of Rs........................................will be are hereby directed to hold under attachment................... property belonging to the said witness to the
tendered to you for each day's attendance beyond the day specified. value................... of and to submit a return, accompanied with an inventory thereof,
within.....................................days.
Given under my hand and the seal of the Court, this.................................. day of............................. 20
........................................
No. 14 Judge.
PROCLAMATION REQUIRING ATTENDANCE OF WITNESS (O. 16, r. 10.) No. 17
(Title) WARRANT OF ARREST OF WITNESS (O. 16, r. 10)
To (Title)
WHEREAS it appears from the examination on oath of the serving officer that the summons could not To
be served upon the witness in the manner prescribed by law : and whereas it appears that the The Bailiff of the Court.
evidence of the witness is material, and he absconds and keeps out of the way for the purpose of WHEREAS.................................................................................has been duly served with a summons but has
evading the service of the summons : This proclamation is, therefore, under rule 10 of Order XVI of failed to attend (absconds and keeps out of the way for the purpose of avoiding service of a summons);
the Code of Civil Procedure, 1908, issued requiring the attendance of the witness in this Court on You are hereby ordered to arrest and bring the said...................................................................before the
the..................... day of................20.........at..........O'clock in the forenoon and from day to day until he Court.
shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt
with according to law. You are further ordered to return this warrant on or before the ................ day of...........................
GIVEN under my hand and the seal of the Court, this ............... day of .......................... 20 ....
20 ............ with an endorsement certifying the day on and the manner in which it has been executed,
Judge.
or the reason why it has not been executed.
No. 15
Given under my hand and the seal of the Court, this................... day of............................. 20
PROCLAMATION REQUIRING ATTENDANCE OF WITNESS
(O. 16, r. 10.) Judge.
(Title)
To
WHEREAS it appears from the examination on oath of the serving officer that the summons has been
duly served upon the witness, and whereas it appears that the evidence of the witness is material and
he has failed to attend in compliance with such summons : This proclamation is, therefore, under rule 10
of Order XVI of the Code of Civil Procedure, 1908, issued requiring the attendance of the witness in this
Court on the.......day of.............. 20......... at........ O'clock in the forenoon, and from day to day until he
shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt
with according to law.
GIVEN under my hand and the seal of the Court, this........................... day of......................................20

Judge.

263 264
 No. 18 APPENDIX C
DISCOVERY, INSPECTION AND ADMISSION
WARANT OF COMMITTAL (O. 16, r. 16)
No. 1
(Title) ORDER FOR DELIVERY OF INTERROGATORIES (O. 11, r 1.)
To In the Court of...........................................................
Civil Suit No.....................of ..........................20
The Officer in charge of the Jail at ..........................................
A. B. ................................................................ Plaintiff,
WHEREAS the plaintiff (or defendant) in the above-named suit has made application to this Court against
that security be taken for the appearance of...... give evidence (or to produce a document), on the day of C.D.E.F. and G.H ...…....…. Defendants.
....................................................................................................... 20 and whereas the Court has
called upon the said.............to furnish such security, which he has failed to do; This is to require you to Upon hearing ........................ and upon reading the affidavit of ................. filed the ............... day
receive the said...........into your custody in the civil prison and to produce him before this Court at of…………20……….; It is ordered that the………..be at liberty to deliver to the………
.....................................on the said day and on such other day or days as may be hereafter ordered. Interrogatories in writing, and that the said……….do answer the interrogatories as prescribed by Order
GIVEN under my hand and the seal of the Court, this ................... day of ............... 20 ............ XI, rule 8, and that the costs of this application be…………..
No. 2
Judge.
INTERROGATORIES (O. 11, r. 4.)
No. 19 (Title as in No. 1, supra)
WARRANT OF COMMITTAL (O 16, r. 18) 1 Interrogatories on behalf of the above-named [Plaintiff or defendant C. D.] for the examination of
the above-named [defendants E.F. and G. H. or Plaintiff].
(Title)
1. Did not, etc.
To
2. Has not, etc.
The Officer in charge of the Jail at .................................. etc., etc., etc.
WHEREAS..........................., whose attendance is required before this Court in the above-named case to [The defendant E.F. is required to answer the interrogatories numbered.........................]
give evidence or to produce a document), has been arrested and brought before the Court in custody;
[The defendant G. H. is required to answer the interrogatories numbered ......................]
and whereas owing to the absence of the plaintiff (or defendant), the said...................cannot give such
evidence (or produce such document); and whereas the Court has called upon the said to..................to- No. 3
give security for his appearance on the.............................day of................20................, ANSWER TO INTERROGATORIES (O. 11, r. 9.)
at....................................which he has failed to do; This is to require you to receive the said....... into (Title as in No. 1, supra)
your custody in the civil prison and to produce him before this Court at......... on the................ day
of................ 20 The answer of the above-named defendant E. F., to the interrogatories for his examination by the
above-named plaintiff.
GIVEN under my hand and the seal of the Court, this day of 20
In answer of the said interrogatories, I, the above-named E. F., make oath and say as follows: —
J ud ge.

1
2 . Enter answers to interrogatories in paragraphs numbered consecutively.
3. I object to answer the interrogatories numbered on the ground that [state grounds of
objection].
No. 4
ORDER FOR AFFIDAVIT AS TO DOCUMENTS (O. 11, r. 12.)
(Title as in No. 1, supra)

Upon hearing………………; It is ordered that the………..do within…………..form the date of this

order, answer on affidavit stating which documents are or have been in his possession or power relating
to the matter in question in this suit, and that the costs of this application be…………………… .

265 266

To Z., pleader for the………..

No. 5 No. 8
AFFIDAVIT AS TO DOCUMENTS (O. 11, r. 13.) NOTICE TO INSPECT DOCUMENTS (O. 11, r. 17.)
(Title as in No. 1, supra) (Title as in No. 1, supra)
I, the above-named defendant C. D., make oath and say as follows : — Take notice that you can inspect the documents mentioned in your notice of the ……………..day
Of……………..20……….. [except the documents numbered ……………….in that notice insert
1. have in my possession or power the documents relating to the matters in question in this suit place of inspection] on Thursday next, the instant, between the hours of 12 and 4 O’clock.
set forth in the first and second parts of the first schedule hereto.
Or, that the [plaintiff or defendant] objects to giving you inspection of documents mentioned in your
2. object to produce the said documents set forth in the second part of the first schedule hereto notice of the day of………..20………… , on the ground that [state the ground].
[stale grounds of objection]
No. 9
3. I have had but have not now, in my possession or power the documents relating to the matters
in question in this suit set forth in the second schedule hereto. NOTICE TO ADMIT DOCUMENTS (O. 12, r. 3.)
4. The last-mentioned documents were last in my possession or power on. [State when and what (Title as in No. 1, supra)
has become of them and in whose possession they now are].
Take notice that the plaintiff [or defendant] in this suit proposes to adduce in evidence the several
5. According to the best of my knowledge, information and belief I have not now, and never had, documents hereunder specified, and that the same may be inspected by the defendant [or plaintiff], his
in my possession, custody or power, or in the possession, custody or power of my pleader or agent, or pleader or agent………... at…………on…………between the hours of…………………..; and the
in the possession custody or power of any other person on my behalf, any account, book of account, defendant [or plaintiff] is hereby required, within forty-eight hours from the last-mentioned hour, to admit
voucher, receipt, letter memorandum, paper or writing, or any copy of or extract from any such
document, or any other documents whatsoever, relating to the matters in question in this suit or any of that such of the said documents as are specified to be originals were respectively written, signed or
them, or wherein any entry has been made relative to such matters or any of them, other than and executed, as they purport respectively to have been; that such as are specified as copies are true copies;
except the documents set forth in the said first and second schedules hereto. and such documents as are stated to have been served, sent or delivered were so served, sent or delivered,
respectively, saving all just exceptions to the admissibility of all such documents as evidence in this suit.
No. 6
G.H. pleader [as agent] for plaintiff [or defendant].
ORDER TO PRODUCE DOCUMENTS FOR INSPECTION (O. 11, r. 14.)
To E.F., pleader [or agent] for defendant [or plaintiff].
(Title as in No. 1, supra)

Upon hearing………………and upon reading the affidavit of……………….. filed the……………… [Here describe the documents and specify as to each document whether it is original or a copy].
day of……………20……………; It is ordered that the………………..do, at all reasonable No. 10
times, on reasonable notice, produce at…………………. , situate at …………………., the
NOTICE TO ADMIT FACTS (O. 12, r. 5.)
following documents, namely,………………, and that the……………be at liberty to inspect and
(Title as in No. 1, supra)
produce the documents so produced, and to make notices of their contents. In the meantime, it is ordered
that all further proceedings be stayed and that the costs of this application be………………………. Take notice that the plaintiff [or defendant] in this suit requires the defendant [or plaintiff] to admit,
for the purposes of this suit only, the several facts respectively hereunder specified; and the defendant [or
plaintiff] is hereby required, within six days from the service of this notice, to admit the said several facts,
No. 7 saving all just exceptions to the admissibility of such facts as evidence in this suit.
NOTICE TO PRODUCE DOCUMENTS (O. 11, r. 16.) G.H. pleader [or agent] for plaintiff [or defendant].
To E.F., pleader [or agent] for defendant [or plaintiff].
(Title as in No. 1, supra)
The facts, the admission of which is required, are—
Take notice that the [plaintiff or defendant] requires you to produce for his inspection the following 1. That M. died on the 1st January, 1890.
documents referred to in your [plaint or written statement or affidavit, dated the……………day of 2. That he died intestate.
…………….20………… ]. 3. That N. was his only lawful son.

[Describe documents required.] 4. That O. died on the 1st April, 1896.

X. Y, pleader for the………….. 5. That O. was never married.

267 268
 APPENDIX D
No. 11
DECREES
ADMISSION OF FACTS PURSUANT TO NOTICE (O. 12, r. 5.) No. 1
(Title as in No. 1, supra) DECREE IN ORIGINAL SUIT (O. 20, rr. 6,7.)
(Title)
The defendant [or plaintiff] in this suit, for the purposes of this suit only, hereby admits the several
Claim for ........................................................................................................................................
facts respectively hereunder specified, subject to the qualifications or limitations, if any, hereunder
specified, saving all just exceptions to the admissibility of any such facts, or any of them, as evidence in THIS suit coming on this day for final disposal before ................................... in the presence of
this suit: ....................................... for the plaintiff and of............................ for the defendant, it is ordered and
decreed that .......................................... and that the sum of Rs ........................................... be paid by
Provided that this admission is made for the purposes of this suit only, and is not an admission to be
used against the defendant [or plaintiff] on any other occasion or by any one other than the plaintiff the....................................... to the .............................on account of the costs of this suit, with interest
[or defendant, or party requiring the admission]. thereon at the rate of ................................... per cent. per annum from this date to date of realization.
Given under my hand and the seal of the Court, this ..................... day of ...................................
20...
E. F., pleader [or agent] for defendant [or plaintiff].
Judge.
Costs of Suit
To G. H., pleader [or agent] for plaintiff [or defendant].

Facts admitted Qualifications or limitations, if any, subject to Plaintiff Defendant

which they are admitted Rs. A. P. Rs. A. P.
1. That M. died on the 1st January, 1890….. 1.
1. Stamp for plaint……….. Stamp for power……………...
2. That he died intestate……………………... 2.
2. Do. for power…………… Do. for petition………
3. That N. was his lawful son ………………. 3. But not that he was his only lawful son.
3. Do. for exhibits…………. Pleader’s fee………….
4. That O. died………………………………. 4. But not that he died on the 1st April, 1896.
4. Pleader’s fee on Rs. ...... Subsistence for witnesses…
5. That O. was never married………………. 5. ...................................................................
5. Subsistence for witnesses.. Service of process……….

6. Commissioner’s fee…… Commissioner’s fee………..

No. 12 7. Service of process……..
NOTICE TO PRODUCE (GENERAL FORM) (O. 12, r. 8.)
(Title as in No. 1, supra) Total Total
Take notice that you are hereby required to produce and show to the Court at the first hearing of
this suit, all books, papers, letters, copies of letters and other writings and documents in your custody,
possession or power, containing any entry, memorandum or minute relating to the matters in question No. 2
in this suit, and particularly. SIMPLE MONEY DECREE
G. H. pleader [or agent] for plaintiff [or defendant]. (Section 34)
(Title)
To E. F. pleader or agent] for defendant [or plaintiff]. Claim for......................................................................................................................................................
THIS suit coming on this........................day for final disposal before..........in the presence of
..............................for the plaintiff and of.................for the defendant; It is ordered that the...................do
pay to the.................. the sum of Rs................ with interest thereon at the rate of.......................per cent.
per annum from......................................to the date of realization of the said sum and do also pay
Rs..................... , the costs of this suit, with interest thereon at the rate of……..per cent. per annum from
this date to the date of realization.
Given under my hand and the seal of the Court, this........................... day of....................20
Judge.

269 270

account of interest on the principal sum adjudged due, and thereafter in reduction or discharge of the
Costs of Suit principal.
3. And it is hereby further ordered that the said Commissioner shall present the account to this Court
Plaintiff Defendant with all convenient despatch after making all just allowances on or before
Rs. A. P. Rs. A. P. the..............................................................day of........... and that upon such report of the Commissioner
being received, it shall be confirmed and countersigned, subject to such modification as may be necessary
1. Stamp for plaint.............. Stamp for power...... after consideration of such objections as the parties to the suit may make.
2. Do.
2. Do. for
for power.............
power............. Do. for petition ....... 4. And it is hereby further ordered and decreed—
3. Do.
3. Do. for
for exhibit...........
exhibit........... Pleader’s fee .........
(i) that the defendant do pay into Court on or before the................................. day of...............................,
4.
4. Pleader's
Pleader's fee
fee onon Rs............
Rs............ Subsistence for witnesses or any later date up to which time for payment may be extended by the Court, such sum as the Court shall
5.
5. Subsistence
Subsistence forfor Service of process ... fined due, and the sum of Rs....................... for the costs of the suit awarded to the plaintiff.
witnesses........
witnesses........
Commissioner’s fee..........
6. Commissioner’s fee.......... Commissioner’s ..... (ii) that, on such payment and on payment thereafter before such date as the Court may fix of such
6. amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and
7. Service of process.............. 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
Total Total Total 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
1
[No. 3 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
PRELIMINARY DECREE FOR FORECLOSURE or any person under whom he claims and free from all liability whatsoever or arising from the mortgage or
this suit and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said
(Order XXXIV, rule 2.—Where accounts are directed to be taken.) property.
(Title) 5. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff
shall be at liberty to apply to the Court for a final decree that the defendant shall thenceforth stand
This suit coming on this................................. day, etc.; It is hereby ordered and decreed that it be absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in
referred to...................... as the Commissioner to take the accounts following:— the schedule annexed hereto and shall, if so required, deliver up to the plaintiff quiet and peaceable
possession of the said property; and that the parties shall be at liberty to apply to the Court from time to
(i) an account of what is due on this date to the plaintiff for principal and interest on his time as they may have occasion, and on such application or otherwise the Court may give such directions
mortgage mentioned in the plaint (such interest to be computed at the rate payable on the principal as it thinks fit.
or where no such rate is fixed, at six per cent. per annum or at such rate as the Court deems
reasonable); Schedule
Description of the mortgaged property]
(ii) an account of the income of the mortgaged property received up to this date by the plaintiff or 1
[No. 3A
by any other person by the order or for the use of the plaintiff or which without the wilful default of PRELIMINARY DECREE FOR FORECLOSURE
the plaintiff or such person might have been so received; (Order XXXIV, rule 2.—Where the Court declares the amount due.)
(Title)
(iii) an account of all sums of money properly incurred by the plaintiff up to this date for costs,
charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together This suit coming on this................................ day, etc.; It is hereby declared that the amount due to the
with interest thereon (such interest to be computed at the rate agreed between the parties, or, failing plaintiff on his mortgage mentioned in the plaint calculated up to this .................................................day
such rate, at the same rate as is payable on the principal, or, failing both such rates, at nine per cent. of...................... is the sum of Rs......................... for principal, the sum of Rs.................... for interest on
per annum); the said principal, the sum of Rs. ........................ for costs, charges and expenses (other than the costs of
(iv) an account of any loss or damage caused to the mortgaged property before this date by any the suit) properly incurred by the plaintiff in respect of the mortgage-security, together with interest
act or omission of the plaintiff which is destructive of, or permanently injurious to, the property or by thereon, and the sum of Rs........ for the costs of this suit awarded to the plaintiff, making in all sum of
his failure to perform any of the duties imposed upon him by any law for the time being in force or by Rs............
the terms of the mortgage-deed.
2. And it is hereby ordered and decreed as follows:—
2. And it is hereby further ordered and decreed that any amount received under clause (ii) or adjudged (i) that the defendant do pay into Court on or before the....................................day of............or
due under clause (iv) above, together with interest thereon, shall first be adjusted against any sums paid any later date up to which time for payment may be extended by the Court of the said sum of
by the plaintiff under clause (iii) together with interest thereon, and the balance, if any, shall be added to Rs....................,
the mortgage-money or, as the case may be, debited in reduction of the amount due to the plaintiff on

1. Subs. by Act 21 of 1929, s. 8 and Sch., for the original forms 3 to 11.
1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11.

271 272
 (ii) that, on such payment and on payment thereafter before such date as the Court may fix of such (iii) an account of all sums of money properly incurred by the plaintiff up to this date for costs,
amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together with
expenses as may be payable under rule 10, together with such subsequent interest as may be payable interest thereon (such interest to be computed at the rate agreed between the parties, or, failing such rate,
under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908), at the same rate as is payable on the principal, or, failing both such rates, at nine per cent. per annum);
the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged (iv) an account of any loss or damage caused to the mortgaged property before this date by any
property in the plaint mentioned, and all such documents shall be delivered over to the defendant, or to act or omission of the plaintiff which is destructive of, or permanently injurious to, the property or by
such person as he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said his failure to perform any of the duties imposed upon him by any law for the time being in force or by
property free from the said mortgage and clear of and from all incumbrances created by the plaintiff or the terms of the mortgage-deed.
any person claiming under him or any person under whom he claims and free from all liability 2. And it is hereby further ordered and decreed that any amount received under clause (ii) or adjudged
whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the defendant due under clause (iv) above, together with interest thereon, shall first be adjusted against any sums paid by
quiet and peaceable possession of the said property. the plaintiff under clause (iii), together with interest thereon, and the balance, if any, shall be added to the
3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff mortgage-money or, as the case may be, be debited in reduction of the amount due to the plaintiff on
may apply to the Court for a final decree that the defendant shall thenceforth stand absolutely debarred account of interest on the principal sum adjudged due and thereafter in reduction or discharge of the
and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed principal.
hereto and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said 3. And it is hereby further ordered that the said Commissioner shall present the account to this Court
property; and that the parties shall be at liberty to apply to the Court from time to time as they may have with all convenient despatch after making all just allowances on or before the...............day of.........., and
occasion, and on such application or otherwise the Court may give such directions as it thinks fit. that upon such report of the Commissioner being received, it shall be confirmed and countersigned,
Schedule subject to such modification as may be necessary after consideration of such objections as the parties to
Description of the mortgaged property] the suit may make.
1
[No. 4 4. And it is hereby further ordered and decreed—
FINAL DECREE FOR FORECLOSURE (i) that the defendant do pay into Court on or before the...............day
(Order XXXIV, rule 3.) of..................................................or any later date up to which time for payment may be extended by the
Court, such sum as the Court shall find due and the sum of Rs.............. for the costs of the suit awarded
(Title) to the plaintiff;
Upon reading the preliminary decree passed in this suit on the……… day of...................................
(ii) that on such payment and on payment thereafter before such date as the Court may fix of such
and further orders (if any) dated the…………..day of…………......and the application of the plaintiff amount as the Court may adjudge due in respect of such costs of the suit, and such costs, charges and
dated the……………day of…………..........for a final decree and after hearing the parties and it expenses as may be payable under rule 10, together with such subsequent interest as may be payable
appearing that the payment directed by the said decree and orders has not been made by the defendant or under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff
any person on his behalf or any other person entitled to redeem the said mortgage. shall bring into Court all documents in his possession or power relating to the mortgaged property in the
It is hereby ordered and decreed that the defendant and all persons claiming through or under him be plaint mentioned, and all such documents shall be delivered over to the defendant, or to such person as he
and they are hereby absolutely debarred and foreclosed of and from all right of redemption of and in the appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the
property in the aforesaid preliminary decree mentioned; *[and (if the defendant be in possession of the mortgage and clear of and from all incumbrances created by the plaintiff or any person claiming under
said mortgaged property) that the defendant shall deliver to the plaintiff quiet and peaceable possession him or any person under whom he claims and shall, if so required, deliver up to the defendant quite and
of the said mortgaged property]. peaceable possession of the said property.
2. And it is hereby further declared that the whole of the liability whatsoever of the defendant up to 5. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff may
this day arising from the said mortgage mentioned in the plaint or from this suit is hereby discharged and apply to the Court for a final decree for the sale of the mortgaged property; and on such application being
extinguished. made the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the purposes of
such sale the plaintiff shall produce before the Court, or such officer as it appoints, all documents in his
Schedule possession or power relating to the mortgaged property.
(Description of the Mortgage Property).]
1
6. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into
[No. 5 Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the
PRELIMINARY DECREE FOR SALE amount payable to the plaintiff under this decree and under any further orders that may be passed in this suit
(Order XXXIV, rule 4.—Where accounts are directed to be taken.) and in payment of any amount which the Court may adjudge due to the plaintiff in respect of such costs of the
(Title) 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
This suit coming on this....................................day, etc; It is hereby ordered and decreed that it be Procedure, 1908, and that the balance, if any, shall be paid to the defendant or other persons entitled to
referred to....................as the Commissioner to take the accounts following:— receive the same.
(i) an account of what is due on this date to the plaintiff for principal and interest on his mortgage 7. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be
mentioned in the plaint (such interest to be computed at the rate payable on the principal or where no such sufficient or payment in full of the amount payable to the plaintiff as aforesaid, the plaintiff shall be at
rate is fixed, at six per cent. per annum or at such rate as the Court deems reasonable); liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law
(ii) an account of the income of the mortgaged property received up to this date by the plaintiff or by for the time being in force) to apply for a personal decree against the defendant for the amount of the
any other person by the order or for the use of the plaintiff or which without the wilful default of the balance; and that the parties are at liberty to apply to the Court from time to time as they may have
plaintiff or such person might have been so received; occasion, and on such application or otherwise the Court may give such directions as it thinks fit.
Schedule
1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11. Description of the mortgaged property.]
* Words not required to be deleted.

273 274

1 1
[No. 5A [No. 6
PRELIMINARY DECREE FOR SALE FINAL DECREE FOR SALE
(Order XXXIV, rule 4.—When the Court declares the amount due.)
(Title) (Order XXXIV, rule 5.)
This suit coming on this...................day, etc.; It is hereby declared that the amount due to the plaintiff (Title)
on the mortgage mentioned in the plaint calculated up to this.................... day of.........................is the sum Upon reading the preliminary decree passed in this suit on the.........day of.............. and further orders
of Rs................. for principal, the sum of Rs..............................for interest on the said principal, the sum of (if any) dated the ........ day of........ and the application of the plaintiff dated the........day........ of
Rs........ for costs, charges and expenses (other than the costs of the suit) properly incurred by the plaintiff for a final decree and after hearing the parties and it appearing that the payment directed by the said
in respect of the mortgage-security, together with interest thereon, and the sum of decree and orders has not been made by the defendant or any person on his behalf or any other person
Rs..............................for the costs of the suit awarded to the plaintiff, making in all the sum of Rs ............ entitled to redeem the mortgage.
2. And it is hereby ordered and decreed as follows:— It is hereby ordered and decreed that the mortgaged property in the aforesaid preliminary decree
(i) that the defendant do pay into Court on or before the............... day of............................ or any mentioned or a sufficient part thereof be sold and that for the purposes of such sale the plaintiff shall
later date up to which time for payment may be extended by the Court, the said sum of Rs..............; produce before the Court or such officer as it appoints all documents in his possession or power relating
(ii) that on such payment and on payment thereafter before such date as the Court may fix of such to the mortgaged property.
amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and 2. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into
expenses as may be payable under rule 10, together with such subsequent interest as may be payable the Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of
under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff the amount payable to the plaintiff under the aforesaid preliminary decree and under any further orders
shall bring into Court all documents in his possession or power relating to the mortgaged property in the that may have been passed in this suit and in payment of any amount which the Court may have adjudged
plaint mentioned, and all such documents shall be delivered over to the defendant, or to such person as due to the plaintiff for such costs of the suit including the costs of this application and such costs, charges
he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the and expenses as may be payable under rule 10, together with such subsequent interest as may be payable
said mortgage and clear of and from all incumbrances created by the plaintiff or any person claiming under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the
under him or any person under whom he claims and shall, if so required, deliver up to the defendant balance, if any, shall be paid to the defendant or other persons entitled to receive the same.]
quite and peaceable possession of the said property.
3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff 1
[No. 7
may apply to the Court for a final decree for the sale of the mortgaged property; and on such application
PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE
being made, the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the FOR FORECLOSURE IS PASSED
purposes of such sale the plaintiff shall produce before the Court or such officer as it appoints all (Order XXXIV, rule 7.—Where accounts are directed to be taken.)
documents in his possession or power relating to the mortgaged property.
(Title)
4. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into
Court and shall be duly applied (after deduction herefrom of the expenses of the sale) in payment of the This suit coming on this......... day, etc.; It is hereby ordered and decreed that it be referred
amount payable to the plaintiff under this decree and under any further orders that may be passed in this to............ as the Commissioner to take the account following:—
suit and in payment of any amount which the Court may adjudge due to the plaintiff in respect of such (i) an account of what is due on this date to the defendant for principal and interest on the
costs of the suit, and such costs, charges and expenses as may be payable under rule 10, together with mortgage mentioned in the plaint (such interest to be computed at the rate payable on the principal or
such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the where no such rate is fixed, at six per cent. per annum or at such rate as the Court deems reasonable);
Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to the defendant or other persons
(ii) an account of the income of the mortgaged property received up to this date by the defendant
entitled to receive the same.
or by any other person by order or for the use of the defendant or which without the wilful default of
5. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be the defendant or such person might have been so received;
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 (iii) an account of all sums of money property incurred by the defendant up to this date for costs,
for the time being in force) to apply for a personal decree against the defendant for the amount of the charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together with
balance; and that the parties are at liberty to apply to the Court from time to time as they may have interest thereon (such interest to be computed at the rate agreed between the parties, or failing such rate,
occasion, and on such application or otherwise the Court may give such directions as it thinks fit. at the same rate as is payable on the principal, or, failing both such rates, at nine per cent. per annum);
Schedule (iv) an account of any loss or damage caused to the mortgaged property before this date by any
Description of the mortgaged property.] act or omission of the defendant which is destructive of, or permanently injurious to, the property or
by his failure to perform any of the duties imposed upon him by any law for the time being in force or
by the terms of the mortgage-deed.
2. It is hereby further ordered and decreed that any amount received under clause (ii) or adjudged due
under clause (iv) above together with interest thereon, shall be adjusted against any sums paid by the
defendant under clause (iii) together with interest thereon, and the balance, if any, shall be added to the
mortgage-money or, as the case may be, be debited in reduction of the amount due to the defendant on

1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Form 3 to 11. 1. Subs. by Act 21 of 1929, s. 9 and the Sch., for Forms 3 to 11.

275 276
account of interest on the principal sum adjudged due and thereafter in reduction or discharge of the (iv) an account of any loss or damage caused to the mortgaged property before this date by any
principal. act or omission of the defendant which is destructive of, or permanently injurious to, the property or
by his failure to perform any of the duties imposed upon him by any law for the time being in force or
3. And it is hereby further ordered that the said Commissioner shall present the account to this Court by the terms of the mortgage-deed.
with all convenient despatch after making all just allowances on or before the..………………………day 2. And it is hereby further ordered and decreed that any amount received under clause (ii) or adjudged
of…………………, and that upon such report of the Commissioner being received, it shall be confirmed due under clause (iv) above, together with interest thereon, shall first be adjusted against any sums paid
and countersigned, subject to such modification as may be necessary after consideration of such by the defendant under clause (iii) together with interest thereon, and the balance, if any, shall be added to
objections as the parties to the suit may make. the mortgage-money, or, as the case may be, be debited in reduction of the amount due to the defendant
on account of interest on the principal sum adjudged due and thereafter in reduction or discharge of the
4. And it is hereby further ordered and decreed—
principal.
(i) that the plaintiff do pay into Court on or before the ......... day of ........., or any later date up to 3. And it is hereby further ordered that the said Commissioner shall present the account to this Court
which time for payment may be extended by the Court, such sum as the Court shall find due and the with all convenient despatch after making all just allowances on or before the …………… day
sum of Rs. ......... for the costs of the suit awarded to the defendant; of……………. , and that, upon such report of the Commissioner being received, it shall be confirmed and
countersigned, subject to such modification as may be necessary after consideration of such objections as
(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 the parties to the suit may make.
expenses as may be payable under rule 10, together with such subsequent interest as may be payable 4. And it is hereby further ordered and decreed—
under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the (i) that the plaintiff do pay into Court on or before the ………………. day of ………….. or any
defendant shall bring into Court all documents in his possession or power relating to the mortgaged later date up to which time for payment may be extended by the Court, such sum as the Court shall
property, in the plaint mentioned, and all such documents shall be delivered over to the plaintiff, or to
find due and the sum of Rs. ………………… for the costs of the suit awarded to the defendant;
such person as he appoints, and the defendant shall, if so required, re-convey or re-transfer the said
property free from the said mortgage and clear of and from all in-cumbrances created by the defendant (ii) that, or such payment and on payment thereafter before such date as the Court may fix of such
or any person claiming under him or any person under whom he claims and free from all liability amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and
whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the plaintiff expenses as may be payable under rule 10, together with such subsequent interest as may be payable
quiet and peaceable possession of the said property. under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the
defendant shall bring into Court all documents in his possession or power relating to the mortgaged
5. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant property in the plaint mentioned, and all such documents shall be delivered over to the plaintiff, or to
shall be at liberty to apply to the Court for a final decree that the plaintiff shall thenceforth stand absolutely
such person as he appoints, and the defendant shall, if so required, re-convey or re-transfer the said
debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule
annexed hereto and shall, if so required, deliver up to the defendant quiet and peaceable possession of the property free from the said mortgage and clear of and from all incumbrances created by the defendant
said property; and that the parties shall be at liberty to apply to the Court from time to time as they may or any person claiming under him or any person under whom the claims and shall, if so required,
have occasion, and on such application or otherwise the Court may give such directions as it thinks fit. deliver up to the plaintiff quiet and peaceable possession of the said property.
Schedule 5. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant
may apply to the Court for a final decree for the sale of the mortgaged property; and on such application
Description of the mortgaged property]
being made, the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the
1
[No. 7A purposes of such sale the defendant shall produce before the Court or such officer as it appoints, all
documents in his possession of power relating to the mortgaged property.
PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR
DECREE A DECREE FOR SALE IS PASSED 6. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into
(Order XXXIV, rule 7.—Where accounts are directed to be taken.) Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the
(Title) 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
This suit coming on this .........day, etc.; It is hereby ordered and decreed that it be referred to ……. as costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such
the Commissioner to take the accounts following :— subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code
(i) an account of what is due on this date to the defendant for principal and interest on the of Civil Procedure, 1908, and that the balance, if any, shall be paid to the plaintiff or other persons
mortgage mentioned in the plaint (such interest to be computed at the rate payable on the principal or entitled to receive the same.
where no such rate is fixed, at six per cent. per annum or at such rate as the Court deems reasonable);
7. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be
(ii) an account of the income of the mortgaged property received up to this date by the defendant sufficient for payment in full of the amount payable to the defendant as aforesaid, the defendant shall be
or by any other person by the order or for the use of the defendant or which without the wilful default
at liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law
of the defendant or such person might have been so received;
for the time being in force) to apply for a personal decree against the plaintiff for the amount of the
(iii) an account of all sums of money property incurred by the defendant up to this date for costs, balance; and the parties are at liberty to apply to the Court from time to time as they may have occasion,
charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together with and on such application or otherwise the Court may give such directions as it thinks fit.
interest thereon (such interest to be computed at the rate agreed between the parties, or failing such rate,
at the same rate as is payable on the principal, or, failing both such rates, at nine per cent. per annum); Schedule
(Description of the mortgaged property).]

1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11.

277 278

1
[No. 7B (ii) that, on such payment and on payment thereafter before such date as the Court may fix of such
PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and
FOR FORECLOSURE IS PASSED expenses as may be payable under rule 10, together with such subsequent interest as may be payable
under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the defendant
(Order XXXIV, rule 7.—Where the Court declares the amount due.)
shall bring into Court all documents in his possession or power relating to the mortgaged property in the
(Title) plaint mentioned, and all such documents shall be delivered over to the plaintiff or such person as he
This suit coming on this …….……. day, etc.; It is hereby declared that the amount due to the appoints, and the defendant shall, if so required, re-convey or re-transfer the said property to the plaintiff
defendant on the mortgage mentioned in the plaint calculated up to this …….. day of ………… is the free from the said mortgage and clear of and from all incumbrances created by the defendant or any
sum of Rs. …….…… for principal, the sum of Rs. ………… for interest on the said principal, the sum of person claiming under him or any person under whom he claims and shall, if so required, deliver up to the
Rs. ………... for costs, charges and expenses (other than the costs of the suit) properly incurred by the plaintiff quiet and peaceable possession of the said property.
defendant in respect of the mortgage-security together with interest thereon, and the sum of Rs. …...……. 3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant
for the costs of the suit awarded to the defendant, making in all the sum of Rs. …………… may apply to the Court for a final decree for the sale of the mortgaged property; and on such application
2. And it is hereby ordered and decreed as follows:— being made, the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the
(i) that the plaintiff do pay into Court on or before the.………….. day of …………. or any later purposes of such sale the defendant shall produce before the Court or such officer as it appoints all
date up to which time for payment may be extended by the Court the said sum of Rs. …………… documents in his possession or power relating to the mortgaged property.
(ii) that, on such payment and on payment thereafter before such date as the Court may fix of 4. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into
such amount as the Court may adjudge due in respect of such cost of the suit and such costs, charges Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the
and expenses as may be payable under rule 10, together with such subsequent interest as may be amount payable to the defendant under this decree and under any further orders that may be passed in this
payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, suit and in payment of any amount which the Court may adjudge due to the defendant in respect of such
the defendant shall bring into Court all documents in his possession or power relating to the costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such
mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code
plaintiff, or to such person as he appoints, and the defendant shall, if so required, re-convey or of Civil Procedure, 1908, and that the balance, if any, shall be paid to the plaintiff or other persons
re-transfer the said property free from the said mortgage and clear of and from all incumbrances entitled to the same.
created by the defendant or any person claiming under him or any person under whom he claims, and 5. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be
free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, sufficient for the payment in full of the amount payable to the defendant as aforesaid, the defendant shall
deliver up to the plaintiff quiet and peaceable possession of the said property. be at liberty (where such remedy is open to him under the terms of the mortgage and is not barred by any
3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant law for the time being in force) to apply for a personal decree against the plaintiff for the amount of the
may apply to the Court for a final decree that the plaintiff shall thenceforth stand absolutely debarred and balance; and that the parties are at liberty to apply to the Court from time to time as they may have
foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed occasion, and on such application or otherwise the Court may give such directions as it thinks fit.
hereto and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said Schedule
property; and that the parties shall be at liberty to apply to the Court from time to time as they may have Description of the mortgaged property]
occasion, and on such application or otherwise the Court may give such directions as it thinks fit. 1
[No. 7D
Schedule
FINAL DECREE FOR FORECLOSURE IN A REDEMPTION SUIT ON DEFAULT OF PAYMENT BY MORTGAGOR
Description of the mortgaged property] (Order XXXIV, rule 8.)
1
[No. 7C (Title)
PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE Upon reading the preliminary decree in this suit on the .............…. day of ……….…. and further
FOR SALE IS PASSED
order (if any) dated the ………..…… day of ……………... , and the application of the defendant dated
(Order XXXIV, rule 7.—Where the Court declares the amount due.) the ……….... day of ………..…… for a final decree and after hearing the parties, and it appearing that
(Title) the payment as directed by the said decree and orders has not been made by the plaintiff or any person on
his behalf or any other person entitled to redeem the mortgage.
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 It is hereby ordered and decreed that the plaintiff and all persons claiming through or under him be
sum of Rs. ………….. for principal, the sum of Rs. ………... for interest on the said principal, the sum of and they are hereby absolutely debarred and foreclosed of and from all right of redemption of and in the
Rs. ………….. for costs, charges and expenses (other than the costs of the suit) properly incurred by the property in the aforesaid preliminary decree mentioned *[and (if the plaintiff be in possession of the said
defendant in respect of mortgage-security together with interest thereon, and the sum of Rs. ………… for mortgaged property) that the plaintiff shall deliver to the defendant quit and peaceable possession of the
the cost of this suit awarded to the defendant, making in all the sum of Rs. …………… said mortgaged property].
2. And it is hereby ordered and decreed as follows:— 2. And it is hereby further declared that the whole of the liability whatsoever of the plaintiff up to this
day arising from the said mortgage mentioned in the plaint or from this suit is hereby discharge and
(i) that the plaintiff do pay into Court on or before the ………… day of …………… or any later
extinguished.
date up to which time for payment may he extended by the Court the said sum of Rs. …………… ;

1. Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11.

1. Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11. * Words not required to be deleted.

279 280
 1 the aforesaid preliminary decree mentioned to the mortgagor *[or such person as aforesaid who has
[No. 7E
made the payment].
FINAL DECREE FOR SALE IN A REDEMPTION ON SUIT ON DEFAULT OF PAYMENT BY MORTGAGOR 1
[No. 8
(Order XXXIV, rule 8) DECREE AGAINST MORTGAGOR PERSONALLY FOR BALANCE AFTER THE SALE OF THE MORTGAGED
(Title) PROPERTY
(Order XXXIV, rules 6 and 8A)
Upon reading the preliminary decree in this suit on the ……………. day of ……………….. and
(Title)
further order (if any) dated the …………….. day of ……………….. , and the application of the
defendant dated the ……………… day of ………………. for a final decree and after hearing the parties, Upon reading the application of the mortgagee (the plaintiff or defendant, as the case may be) and
and it appearing that the payment directed by the said decree and orders has not been made by the reading the final decree passed in the suit on the .................... day of ......................... and the Court being
plaintiff or any person on his behalf or any other person entitled to redeem the mortgage; satisfied that the net proceeds of the sale held under the aforesaid final decree amounted to Rs. ………….
and have been paid to the applicant out of the Court on the ………………... day of ……………….. and
It is hereby ordered and decreed that the mortgaged property in the aforesaid preliminary decree
that the balance now due to him under the aforesaid decree is Rs. ………… ;
mentioned or a sufficient part thereof be sold and that for the purposes of such sale the defendant shall
produce before the Court, or such officer as it appoints, all documents in his possession or power relating And whereas it appears to the Court that the said sum is legally recoverable from the mortgagor
to the mortgaged property. (plaintiff or defendant, as the case may be) personally;
2. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into It is hereby ordered and decreed as follows:—
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 the aforesaid preliminary decree and under any further orders that That the mortgagor (plaintiff or defendant, as the case may be) do pay to the mortgagee (defendant or
may have been passed in this suit and in payment of any amount which the Court may have adjudged due plaintiff, as the case may be) the said sum of Rs. …………. with further interest at the rate of six per cent.
to the defendant for such costs of this suit including the costs of this application and such costs, charges per annum from the ………………… day of ……………….. (the date of payment out of Court referred
and expenses as may be payable under rule l0, together with the subsequent interest as may be payable to above) up to the date of realisation of the said sum, and the costs of this application.]
under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the 1
[No. 9
balance, if any, shall be paid to the plaintiff or other persons entitled to receive the same.]
1
PRELIMINARY DECREE FOR FORECLOSURE OF SALE
[No. 7F
[Plaintiff . . . . . . . . . . . 1st Mortgagee,
FINAL DECREE IN A SUIT FOR FORECLOSURE, SALE OR REDEMPTION WHERE THE MORTGAGOR PAYS THE
AMOUNT OF THE DECREE vs
(Order XXXIV, rule 3, 5 and 8) Defendant No. 1 . . . . . . . . . . . Mortgagor,
(Title)
Defendant No. 2 . . . . . . . . . . . 2nd Mortgagee.]
This suit coming on this ................................. day for further consideration and it appearing that on
(Order XXXIV, rules 2 and 4)
the …………….. day of ……………….. the mortgagor or …………….. , the same being a person (Title)
entitled to redeem, has paid into Court all amounts due to the mortgagee under the preliminary decree
dated the …………………. day of ……………….. ; It is hereby ordered and decreed that:— The 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
(i) the mortgagee do execute a deed of re-conveyance of the property in the aforesaid preliminary Rs. ………………….. for principal, the sum of Rs. …………………. for interest on the said principal,
decree mentioned in favour of the mortgagor *[or, as the case may be, ……………….. who has the sum of Rs. ……………… for costs, charges and expenses (other than the costs of the suit) incurred
redeemed the property] or an acknowledgement of the payment of the amount due in his favour; by the plaintiff in respect of the mortgage-security with interest thereon and sum of Rs. …………… for
(ii) the mortgagee do bring into Court all documents in his possession and power relating to the the costs of this suit awarded to the plaintiff, making in all the sum of Rs. …………….. .
mortgaged property in the suit.
(Similar declarations to be introduced with regard to the amount due to defendant No. 2 in respect
2. And it is hereby further ordered and decreed that upon the mortgagee executing the deed of re- of his mortgage if the mortgage-money due thereunder has become payable at the date of the suit.)
conveyance or acknowledgement in the manner aforesaid,—
2. It is further declared that the plaintiff is entitled to payment of the amount due to him in priority to
(i) the said sum of Rs. ……………… be paid out of Court to the mortgagee; defendant No. 2 *[or (if there are several subsequent mortgagees) that the several parties hereto are
(ii) the said deeds and documents brought into the Court be delivered out of Court to the entitled in the following order to the payment of the sums due to them respectively:—].
mortgagor *[or the person making the payment] and the mortgagee do, when so required, concur in 3. And it is hereby ordered and decreed as follows:—
registering, at the cost of the mortgagor *[or other person making the payment], the said deed of
re-conveyance or the acknowledgement in the office of the Sub-Registrar of ……………….; and (i) (a) that defendants or one of them do pay into Court on or before the ………................... day
of ……..…….. or any later date up to which time for payment has been extended by the Court the
(iii) *[if the mortgagee, plaintiff or defendant, as the case may be, is in possession of the said sum of Rs. …………….. due to the plaintiff; and
mortgaged property] that the mortgagee do forthwith deliver possession of the mortgaged property in

1. Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11. 1. Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11.
* Words not required to be deleted. * Words not required to be deleted.

281 282

(b) that defendant No. 1 do pay into Court on or before the day of ……………………. or any later 5. And it is hereby further ordered and decreed—
date up to which time for payment has been extended by the Court the said sum of Rs. …………… due (a) that if defendant No. 2 pays into Court to the credit of this suit the amount adjudged due to the
to defendant No. 2; and plaintiff, but defendant No. 1 makes default in the payment of the said amount, defendant No. 2 shall
be at liberty to apply to the Court to keep the plaintiff's mortgage alive for his benefit and to apply for
(ii) that, on payment of the sum declared to be due to the plaintiff by defendants or either of them in a final decree (in the same manner as the plaintiff might have done under clause 4 above)—
the manner prescribed in clause (i) (a) and on payment thereafter before such date as the Court may fix of
*[(i) that defendant No. 1 shall thenceforth stand absolutely debarred and foreclosed of and
such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and
from all right to redeem the mortgaged property described in the Schedule annexed hereto and
expenses as may be payable under rule 10, together with such subsequent interest as may be payable
shall, if so required, deliver up to defendant No. 2 quiet and peaceable possession of the said
under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff
property;] or
shall bring into Court all documents in his possession or power relating to the mortgaged property in the
plaint mentioned, and all such documents shall be delivered over to the defendant No………. (who has *[(ii) that the mortgaged property or a sufficient part thereof be sold and that for the purposes
made the payment), or to such person as he appoints, and the plaintiff shall, if so required, re-convey or of such sale defendant No. 2 shall produce before the Court or such officer as it appoints, all
re-transfer the said property free from the said mortgage and clear of and from all incumbrances created documents in his possession or power relating to the mortgaged property;] and
by the plaintiff or any person claiming under him or any person under whom he claims, and also free (b) (if on the application of defendant No. 2 such a final decree for foreclosure is passed), that the
from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to whole of the liability of defendant No. 1 arising from the plaintiff's mortgage or from the mortgage of
the defendant No……… (who has made the payment) quiet and peaceable possession of the said defendant No. 2 or from this suit shall be deemed to have been discharged and extinguished.
property.
6. And it is hereby further ordered and decreed * [in the case where a sale is ordered under clause 5
(Similar declarations to be introduced, if defendant No. 1 pays the amount found or declared to be above]—
due to defendant No. 2 with such variations as may be necessary having regard to the nature of his
mortgage). (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
4. And it is hereby further ordered and decreed that, in default of payment as aforesaid of the amount of the plaintiff's mortgage and the costs of the suit in connection therewith and in payment of the
due to the plaintiff, the plaintiff shall be at liberty to apply to the Court for a final decree— amount which the Court may adjudge due in respect of subsequent interest on the said amount; and that
(i) *[in the case of a mortgage by conditional sale or an anomalous mortgage where the only the balance, if any, shall then be applied in payment of the amount adjudged due to defendant No. 2 in
remedy provided for in the mortgage-deed is foreclosure and not sale] that the defendants jointly and respect of his own mortgage under this decree and any further orders that may be passed and in payment
severally shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem of the amount which the Court may adjudge due in respect of such costs of this suit and such costs,
the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver to charges and expenses as may be payable to defendant No. 2 under rule 10, together with such
the plaintiff quiet and peaceable possession of the said property; or subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code
(ii) *[in the case of any other mortgage] that the mortgaged property or a sufficient part thereof of Civil Procedure, 1908, and that the balance, if any, shall be paid to defendant No. 1 or other persons
shall be sold; and that for the purposes of such sale the plaintiff shall produce before Court or such entitled to receive the same; and
officer as it appoints, all documents in his possession or power relating to the mortgaged property; (ii) that, if the money realised by such sale shall not be sufficient for payment in full of the amount due
and in respect of the plaintiff's mortgage or defendant No. 2’s mortgage, defendant No. 2 shall be at liberty
(iii) *[in the case where a sale is ordered under clause 4 (ii) above] that the money realised by (where such remedy is open to him under the terms of his mortgage and is not barred by any law for the
such sale shall be paid into Court and be duly applied (after deduction therefrom of the expenses of time being in force) to apply for a personal decree against No. 1 for the amount of the balance.
the sale) in payment of the amount payable to the plaintiff under this decree and under any further
7. And it is hereby further ordered and decreed that the parties are at liberty to apply to the Court
orders that may have been passed in this suit and in payment of the amount which the Court may
from time to time as they may have occasion, and on such application or otherwise the Court may give
adjudge due to the plaintiff in respect of such costs of the suit and such costs, charges and expenses as
such directions as it thinks fit.
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 Schedule
balance, if any, shall be applied in payment of the amount due to defendant No. 2; and that if any Description of the mortgaged property
balance be left, it shall be paid to the defendant No. 1 or other persons entitled to receive the same; 1
and [No. 10
(iv) that, if the money realised by such sale shall not be sufficient for payment in full of the PRELIMINARY DECREE FOR REDEMPTION OF PRIOR MORTGAGE AND FORECLOSURE OR SALE ON
amounts due to the plaintiff and defendant No. 2, the plaintiff or defendant No. 2 or both of them, as SUBSEQUENT MORTGAGE
the case may be, shall be at liberty (when such remedy is open under the terms of their respective [Plaintiff . . . . . . . 2nd Mortgagee,
mortgages and is not barred by any law for the time being in force) to apply for a personal decree
vs.
against defendant No. 1 for the amounts remaining due to them respectively.
Defendant No. 1. . . . . . . Mortgagor,
Defendant No. 2 . . . . . . 1st Mortgagee].

* Words not required to be deleted.

1. Subs. by Act 21 of 1929, s. 8 and Schedule, for Forms 3 to 11.
* Words not required to be deleted.

283 284
 (Order XXXIV, rules 2, 4, and 7) (ii) *[in the case of any other mortgage] that the mortgaged property or a sufficient part thereof
(Title) shall be sold; and that for the purposes of such sale defendant No. 2 shall produce before the Court
The suit coming on this ……... day, etc.; It is hereby declared that the amount due to defendant No. 2 such officer as it appoints, all documents in his possession or power relating to the mortgaged
on the mortgage mentioned in the plaint calculated up to this ……..…. day of ………..…. is the sum of property and
Rs. ………...….. for principal, the sum of Rs. ……………. for interest on the said principal, the sum of (iii) *[in the case where a sale is ordered under clause 4 (ii) above] that the money realised such
Rs. ………….. for costs, charges and expenses (other than the costs of the suit) properly incurred by sale shall be paid into Court and be duly applied (after deduction therefrom of the expenses of sale) in
defendant No. 2 in respect of the mortgage-security with interest thereon and the sum of Rs. ………. for payment of the amount payable to defendant No. 2 under the decree and any further orders that may be
the costs of this suit awarded to defendant No. 2, making in all the sum of Rs. ………………. passed in this suit and in payment of the amount which the Court may adjudge due to defendant No. 2 in
(Similar declarations to be introduced with regard to the amount due from defendant No. 1 to the respect of such costs of the suit and such costs, charges and expenses as may be payable to plaintiff
plaintiff in respect of his mortgage if the mortgage-money due thereunder has become payable at the date under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV
of the suit.) of the First Schedule to the Code of Civil Procedure, 1908; and that the balance, if any, shall applied in
2. It is further declared that defendant No. 2 is entitled to payment of the amount due to him in payment of the amount due to the plaintiff and that, if any balance be left, it shall be paid defendant
priority to the plaintiff *[or ( if there are several subsequent mortgages) that the several parties hereto are No. 1 or other persons entitled to receive the same; and
entitled in the following order to the payment of the sums due to them respectively :—] (iv) that, if the money realised by such sale shall not be sufficient for payment in full of the amounts
due to defendant No. 2 and the plaintiff, defendant No. 2 or the plaintiff or both of them, as the case may
3. And it is hereby ordered and decreed as follows:— be, shall be at liberty (when such remedy is open under the terms of their respective mortgages and is not
barred by any law for the time being in force) to apply for a personal decree against defendant No. 1 for
(i) (a) that the plaintiff or defendant No. 1 or one of them do pay into Court on or before the …. the amounts remaining due to them respectively.
day of ………………. or any later date up to which time for payment has extended by the Court the
5. And it is hereby further ordered and decreed,—
said sum of Rs. ………………. due to defendant No. 2; and
(a) that, if the plaintiff pays into Court to the credit of this suit the amount adjudged due to
(b) that defendant No. 1 do pay into Court on or before the ……………. day of …………….. or defendant No. 2 but defendant No. 1 makes default in the payment of the said amount, the plaintiff shall
any later date up to which time for payment has been extended by the Court the said sum of Rs. be at liberty to apply to the Court to keep defendant No. 2’s mortgage alive for his benefit and to apply
………… due ……………… to the plaintiff; and for final decree (in the same manner as the defendant No. 2 might have done under clause 4 above)—
*[(i) that defendant No. 1 shall thenceforth stand absolutely debarred and foreclosed of and
(ii) that, on payment of the sum declared due to defendant No. 2 by the plaintiff defendant No 1 or from all right to redeem the mortgaged property described in the Schedule annexed hereto and
either of them in the manner prescribed in clause (i)(a) and on payment thereafter before such date as shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said
the Court may fix of such amount as the Court may adjudge due respect of such costs of the suit and property]; or
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 *[(ii) that the mortgaged property or a sufficient part thereof be sold and that for the purposes
Procedure, 1908, defendant No. 2 shall bring into Court all documents in his possession or power of such sale the plaintiff shall produce before the Court or such officer as it appoints, all
relating to the mortgaged property in the plaint mentioned and all such documents shall be delivered documents in his possession or power relating to the mortgaged property;] and
over to the plaintiff or defendant No. 1 (whoever made the payment), or to such person as he appoints, (b) (if on the application of defendant No. 2 such a final decree for foreclosure is passed), that the
and defendant No. 2 shall, if so required, reconvey or re-transfer the said property free from the said whole of the liability of defendant No. 1 arising from the plaintiff’s mortgage or from the mortgage of
mortgage and clear of and from all incumbrances created by defendant No. 2 or any person claiming defendant No. 2 or from this suit shall be deemed to have been discharged and extinguished.
under him or any person under whom he claims, and also free from all liability whatsoever arising 6. And it is hereby further ordered and decreed (in the case where a sale is ordered under clause 5
from the mortgage or this suit and shall, if so required, deliver up to the plaintiff or defendant No. 1 above)—
(whoever has made the payment) quiet and peaceable possession of the said property. (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
(Similar declarations) to be introduced, if defendant No. 1 pays the amount found or declared due the respect of defendant No. 2’s mortgage and the cost of the suit in connection therewith and in payment
plaintiff with such variations as may be necessary having regard to the nature of his mortgage.) 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
4. And it is hereby further ordered and decreed that, in default of payment as aforesaid, of the amount
plaintiff in respect of his own mortgage under this decree and any further orders that may be passed
due to defendant No. 2, defendant No. 2 shall be at liberty to apply to the Court that the suit be dismissed
and in payment of the amount which the Court may adjudge due in respect of such costs of the suit
or a final decree—
and such costs, charges and expenses as may by payable to the plaintiff under rule 10, together with
(i) *[in the case of a mortgage by conditional sale or an anomalous mortgage where the or remedy such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to
provided for in the mortgage-deed is foreclosure and not sale] that the plaintiff and defendant No. 1 the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to defendant No. 1 or
jointly and severally shall thenceforth stand absolutely debarred and foreclosed of and from all right to other persons entitled to receive the same; and
redeem the mortgaged property described in the Schedule annexed hereto and shall; if required, deliver
to the defendant No. 2 quiet and peaceable possession of the said property; or
* Words not required to be deleted
* Words not required to be deleted.

285 286

arising from the mortgage or this suit and shall, if so required, deliver up to defendant No. 1 quiet and
(ii) that, if the money realised by such sale shall not be sufficient for payment in full of the peaceable possession of the said property; and
amount due in respect of defendant No. 2’s mortgage or the plaintiff's mortgage, defendant No. 2
(iii) that, upon payment into the Court by defendant No. 1 of the amount due to defendant No. 2
shall be at liberty (where such remedy is open to him under the terms of his mortgage and is not
the plaintiff shall be at liberty to apply for payment to him of the sum declared due to him together
barred by any law for the time being in force) to apply for a personal decree against defendant No. 1
with any subsequent costs of the suit and other costs, charges and expenses, as may be payable under
for the amount of the balance.
rule 10, together with such subsequent interests as may be payable under rule 11, of Order XXXIV of
7. And it is hereby further ordered and decreed that the parties are at liberty to apply to the Court the First Schedule to the Code of Civil Procedure, 1908; and that the balance, if any, shall then be
from time to time as they may have occasion, and on such application or otherwise the Court may give paid to defendant No. 2; and that if the amount paid into the Court be not sufficient to pay in full the
such directions as it thinks fit. sum due to the plaintiff, the plaintiff shall be at liberty (if such remedy is open to him by the terms of
Schedule the mortgage and is not barred by any law for the time being in force) to apply for a personal decree
Description of the mortgaged property] against as defendant No. 2 for the amount of the balance.
1
[No. 11 3. And it is further ordered and decreed that if defendant No. 2 pays into Court to the credit of this
PRELIMINARY DECREE FOR SALE suit the amount adjudged due to the plaintiff, the plaintiff shall bring into the Court all documents, etc.,
[as in sub-clause (ii) of clause 2].
Plaintiff . . . . . . . Sub or derivative mortgagee
vs. 4. And it is hereby further ordered and decreed that, in default of payment by defendant Nos. 1 and 2
as aforesaid, the plaintiff may apply to the Court for a final decree for sale, and on such application being
[Defendant No. 1 . . . . . . Mortgagor,
made the mortgaged property or a sufficient part thereof shall be directed to be sold; and that for the
Defendant No. 2 . . . . . . Original Mortgagee.] purposes of such sale the plaintiff and defendant No. 2 shall produce before the Court or such officer as it
appoints, all documents in their possession or power relating to the mortgaged property.
(Order XXXIV, rule 4) 5. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into
(Title) Court and be duly applied (after deduction therefrom of the expenses of the sale) first in payment of the
This suit coming on the ………….…….. day, etc.; It is hereby declared that the amount due to amount due to the plaintiff as specified in clause 1 above with such costs of the suit and other costs, charges
defendant No. 2 on his mortgage calculated up to this ………………… day of ……………. is the sum of and expenses as may be payable under rule 10, together with such subsequent interest as may be payable
Rs. …………..…. for principal, the sum of Rs. ……………… for interest on the said principal, the sum under rule 11, of order) XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the
of Rs. …………….. for costs, charges and expenses (other than the costs of the suit) in respect of the balance, if any, shall be applied in payment of the amount due to defendant No. 2; and that, if any balance
mortgage-security together with interest thereon and the sum of Rs. …………… for the costs of the suit be left, it shall be paid to defendant No. 1 or other persons entitled to receive the same.
awarded to defendant No. 2, making in all the sum of Rs. …………… 6. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be
(Similar declarations to be introduced with regard to the amount due from defendant No. 2 to the sufficient for payment in full of the amounts payable to the plaintiff and defendant No. 2, the plaintiff or
plaintiff in respect of his mortgage.) 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
2. And it is hereby ordered and decreed as follows:— decree against defendant No. 2 or defendant No. 1 (as the case may be) for the amount of the balance.
(i) that defendant No. 1 do pay into Court on or before the said ………… day of ………… or any 7. And it is hereby further ordered and decreed that, if defendant No. 2 pays into Court to the credit of
later date of up to which time for payment may be extended by the Court the said sum of Rs. ………. this suit the amount adjudged due to the plaintiff, but defendant No. 1 makes default in payment of the
due to defendant No. 2; amount due to defendant No. 2, defendant No. 2 shall be at liberty to apply to the Court for a final decree
(Similar declarations to be introduced with regard to the amount due to the plaintiff, defendant No. 2 for foreclosure or sale (as the case may be)—(declarations in the ordinary form to be introduced
being at liberty to pay such amount.) according to the nature of defendant No. 2’s mortgage and the remedies open to him thereunder).
(ii) that, on payment of the sum declared due to defendant No. 2 by defendant No. 1 in the 8. And it is hereby further ordered and decreed that the parties are at liberty to apply to the Court as
manner prescribed in clause 2 (i) and on payment thereafter before such date as the Court may fix of they may have occasion, and on such application or otherwise the Court may give such directions as it
such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges thinks fit.
and expenses as may be payable under rule 10, together with such subsequent interest as may be Schedule
payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908 Description of the mortgaged property]
the plaintiff and defendant No. 2 shall bring into Court all documents in their possession or power No. 12
relating to the mortgaged property in the plaint mentioned, and all such documents (except such as DECREE FOR RECTIFICATION OF INSTRUMENT
relate only to the sub-mortgage) shall be delivered over to defendant No. 1, or to such person as he (Title)
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 IT is hereby declared that ……………. , dated the ……………. day of …………… 20 ….... , does
any person claiming under him or any person under whom he claims, and free from all liability not truly express the intention of the parties to such …………………….
And it is decreed that the said ……………….. be rectified by …………………..

1. Subs. by Act 21 of 1929, s. 8 and Schedule, for Forms 3 to 11.

* Words not required to be deleted. Here insert name of proper officer.

287 288
 first paragraph, in all cases, an order to inquire and take an account of creditors will follow the first
paragraph and such of the others as may be necessary will follow, omitting the first formal words. The
No. 13
form is continued as in a creditor's suit.]
DECREE TO SET ASIDE A TRANSFER IN FRAUD OF CREDITORS
4. An account of the funeral and testamentary expenses.
(Title)
5. An account of the movable property of the deceased come to the hands of the defendant, or to the
IT is hereby declared that the …………… , dated the …………… day of ………. 20 …….. , and hands of any other person by his order or for his use.
made between …………… and ……….. , is void as against the plaintiff and all other the creditors, if any,
6. An inquiry what part (if any) of the movable property of the deceased is outstanding and
of the defendant
undisposed of.
No. 14
7. And it is further ordered that the defendant do, on or before the day of next, pay into, Court
INJUNCTION AGAINST PRIVATE NUISANCE all sums of money which shall be found to have come to his hands, or to the hands of any person by his
(Title) order or for his use.

LET the defendant ………………. , his agents, servants and workmen, be perpetually restrained from 8. And that if the ………….. * shall find it necessary for carrying out the objects of the suit to sell
burning, or causing to be burnt, any bricks on the defendant’s plot of land marked B in the annexed plan, any part of the movable property of the deceased that the same be sold accordingly, and the proceeds paid
so as to occasion a nuisance to the plaintiff as the owner or occupier of the dwelling-house and garden into Court.
mentioned in the plaint as belonging to and being occupied by the plaintiff. 9. And that Mr. E. F. be receiver in the suit (or proceeding) and receive and get in all outstanding
No. 15 debts and outstanding movable property of the deceased, and pay the same into the hands of the ………..
*(and shall give security by bond for the due performance of his duties to the amount of ……….. rupees).
INJUNTION AGAINST BUILDING HIGHER THAN OLD LEVEL
10. And it is further ordered that if the movable property of the deceased be found insufficient for
(Title) carrying out the objects of the suit, then the following further inquiries be made, and accounts taken, that
LET the defendant …………….. , his contractors, agents and workmen, be perpetually restrained is to say—
from continuing to erect upon his premises ………………… any house or building of a greater height (a) an inquiry what immovable property the deceased was seized of or entitled to at the time of
than the buildings which formerly stood upon his said premises and which have been recently pulled down, his death;
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. (b) an inquiry what are the encumbrances (if any) affecting the immovable property of the
deceased or any part thereof;
No.16
(c) an account, so far as possible, of what is due to the several incumbrancers, and to include a
INJUNCTION RESTRAINING USE OF PRIVATE ROAD statement of the priorities of such of the incumbrancers as shall consent to the sale hereinafter
(Title) directed.
LET the defendant …………….. his agents, servants and workmen, be perpetually restrained from 11. And that the immovable property of the deceased, or so much thereof as shall be necessary to
using or permitting to be used and part of the lane at …………… , the soil of which belongs to the make up the fund in Court sufficient to carry out the object of the suit, be sold with the approbation of the
plaintiff, as a carriage-way for the passage of carts, carriages or other vehicles, either going to or from the Judge, free from incumbrances (if any) of such incumbrancers as shall consent to the sale and subject to
land marked B in the annexed plan or for any purpose whatsoever. the incumbrances of such of them as shall not consent.
No. 17 12. And it is ordered that G. H. shall have the conduct of the sale of the immovable property, and
PRELIMINARY DECREE IN AN ADMINISTRATION-SUIT shall prepare the conditions and contracts of sale subject to the approval of the …………… * and that in
case any doubt or difficulty shall arise the papers shall be submitted to the Judge to settle.
(Title)
IT is ordered that the following accounts and inquiries be taken and made; that is to say :— 13. And it is further ordered that, for the purpose of the inquiries hereinbefore directed, the ……….
*shall advertise in the newspapers according to the practice of the Court, or shall make such inquiries in
In creditor’s suit— any other way which shall appear to the …....……….. *to give the most useful publicity to such inquiries.
1. That an account be taken of what is due to the plaintiff and all other the creditors of the deceased. 14. And it is ordered that the above inquiries and accounts be made and taken, and that all other acts
In suits by legatees— ordered to be done be completed, before the day of ……………. and that the ………………* do certify
the result of the injuries, and the accounts, and that all other acts ordered are completed, and have his
2. That an accounts be taken of the legacies given by the testators will,
certificate in that behalf ready for the inspection of the parties on the ……………. day of …………..
In suits by next-of-kin—
3. That an inquiry be made and account taken of what or of what share, if any, the plaintiff is entitled
to as next-of-kin [or one of the next-of-kin] of the intestate.
[After the first paragraph, the decree will, where necessary, order, in a creditor’s suit, inquiry and * Here insert name of proper officer.
accounts for legatees, heirs-at-law and next-of-kin. In suits by claimants other than creditors, after the

289 290

15. And, lastly, it is ordered that this suit [or proceedings] stand adjourned for making final decree to No. 20
the day of ……………………. FINAL DECREE IN AN ADMINISTRATION-SUIT BY NEXT-OF-KIN
[Such part only of this decree is to be used as is applicable to the particular case.] (Title)
1. LET the …………….. * of the said Court tax the costs of the “plaintiff and defendant in this suit,
No. 18 and let the amount of the said plaintiff’s costs, when so taxed, be paid by the defendant to the plaintiff out
FINAL DECREE IN AN ADMINISTRATION-SUIT BY A LEGATEE of the sum of Rs. ……………. , the balance, by the said certificate found to be due from the said
defendant on account of the personal estate of E.F., the intestate, within one week after the taxation of the
(Title) said costs by the said ……………….. *and let the defendant retain for her own use out of such sum her
costs, when taxed.
1. It is ordered that the defendant ………….. do, on or before the ………….. day of ………… pay 2. And it is ordered that the residue of the said sum of Rs. ………………… after payment of the
into Court the sum of Rs. ………….. , the balance by the said certificate found to be due from the said plaintiff’s and defendant’s costs as aforesaid, be paid and applied by defendant as follows:—
defendant on account of the estate of …………….. , the testator and also the sum of Rs. ……… for
interest, at the rate of Rs. ……………. per cent. per annum, from the …………….. day of ………….. to (a) Let the defendant, within one week after the taxation of the said costs by the * ……………. as
the …………. day of …………, amounting together to the sum of Rs. ……………….. aforesaid, pay one-third share of the said residue to the plaintiffs A.B., and C.D., his wife, in her right
as the sister and one of the next-of-kin of the said E.F., the intestate.
2. Let the …………………* of the said Court tax the costs of the plaintiff and defendant in this suit,
(b) Let the defendant retain for her own use one other third share of said residue, as the mother
and let the amount of the said costs, when so taxed, be paid out of the said sum of Rs. …………….
and one of the next-of-kin of the said E.F., the intestate.
ordered to be paid into Court as aforesaid, as follows:—
(c) And let the defendant, within one week after the taxation of the said costs by the *…………..
(a) The costs of the plaintiff to Mr. ………………., his attorney [or pleader] or and the costs of as aforesaid, pay the remaining one-third share of the said residue to G. H., as the brother and the
the defendant to Mr. ……………… , his attorney [or pleader]. other next- of-kin of the said E.F. the intestate.
(b) And (if any debts are due) with the residue of the said sum of Rs. …………….. after payment No. 21
of the plaintiff’s and defendant's costs as aforesaid let the sums, found to be owing to the several PRELIMINARY DECREE IN A SUIT FOR DISSOLUTION OF PARTNERSHIP AND THE TAKING OF PARTNERSHIP
creditors mentioned in the schedule to the certificate, of the ………….. .*, together with subsequent ACCOUNTS
interest on such of the debts as bear interest, be paid; and, after making such payments, let the amount
(Title)
coming to the several legatees mentioned in the ………………. schedule, together with subsequent
interest (to be verified as aforesaid), be paid to them. IT is declared that the proportionate shares of the parties in the partnership are as follows:—

3. And if there should then be any residue, let the same be paid to the residuary legatee. It is declared that this partnership shall stand dissolved [or shall be deemed to have been dissolved] as
from the ………….. day of ………… and it is ordered that the dissolution thereof as from that day be
No. 19 advertised in the …………………. Gazette, etc.
And it is ordered that ……………… be the receiver of the partnership-estate and effects in this suit
PRELIMINARY DECREE IN AN ADMINISTRATION-SUIT BY A LEGATEE, WHERE AN EXECUTOR IS HELD and do get in all the outstanding book-debts and claims of the partnership.
PERSONALLY LIABLE FOR THE PAYMENT OF LEGACIES
And it is ordered that the following accounts be taken:—
(Title)
1. An account of the credits, property and effects now belonging to the said partnership;
1. IT is declared that the defendant is personally liable to pay the legacy of Rs. ………… bequeathed 2. An account of the debts and liabilities of the said partnership;
to the plaintiff. —
3. An account of all dealings and transactions between the plaintiff and defendant, from the foot of
2. And it is ordered that an account be taken of what is due for principal and interest on the said the settled account exhibited in this suit and marked (A), and not disturbing any subsequent settled
legacy. accounts.
And it is ordered that the goodwill of the business heretofore carried on by the plaintiff and defendant
3. And it is also ordered that the defendant do, within …………….. weeks after the date of the as in the plaint mentioned; and the stock-in-trade, be sold on the premises, and that the ………….. *may,
certificate of the ……..…… *, pay to the plaintiff the amount of what the ………………. * shall certify on the application of any of the parties, fix a reserved bidding for all or any of the lots at such sale, and
to be due for principal and interest. that either of the parties is to be at liberty to bid at the sale.
4. And it is ordered that the defendant do pay the plaintiff his costs of suit, the same to be taxed in And it is ordered that the above accounts be taken, and all the other acts required to be done be
case the parties differ. completed, before the ……….. day of ……… , and that the * ……….. do certify the result of the
accounts, and that all other acts are completed, and have his certificate in that behalf ready for the
inspection of the parties on the day of ……….. And, lastly, it is ordered that this suit stand adjourned for
making a final decree to the ………. day of …………
* Here insert name of proper officer.
* Here insert name of proper officer.

291 292
 APPENDIX E
No. 22 EXECUTION
FINAL DECREE IN A SUIT FOR DISSOLUTION OF PARTNERSHIP AND THE TAKING OF PARTNERSHIP ACCOUNT
No. 1
(Title)
NOTICE TO SHOW CAUSE WHY A PAYMENT OR ADJUSTMENT SHOULD NOT BE RECORDED AS CERTIFIED
IT is ordered that the fund now in Court, amounting to the sum of Rs. …………… , be applied as
(O.21, to r.2.)
follows:—
(Title)
1. In payment of the debts due by the partnership set forth in the certificate of the * ………...…..
amounting the whole to Rs. …………… WHEREAS in execution of the decree in the above-named suit ………......... has applied to this Court
that the Sum of Rs. …………….. recoverable under the decree has been paid/adjusted and should be
2. In payment of the costs of all parties in this suit, amounting to Rs. ……………….. [These
recorded as certified, this is to give you notice that you are to appear before this Court on the …………
costs must be ascertained before the decree is drawn up.]
day of ………………. 19 ………………. , to show cause why the payment/adjustment aforesaid should
3. In payment of the sum of Rs. …………… to the plaintiff as his share of the partnership-assets, not be recorded as certified.
of the sum of Rs. …………….. , being the residue of the said sum of Rs. …………. now in Court, to
GIVEN under my hand and the seal of the Court, this ……………….. day of 20.
the defendant as his share of the partnership-assets.
Judge.
[Or, And that the remainder of the said sum of Rs. …………… be paid to the said plaintiff (or
defendant) in part payment of the sum of Rs. ……………… certified to be due to him in respect of No. 2
the partnership-accounts.] PRECEPT (Section 46)
4. And that the defendant [or plaintiff] do on or before the ………… day of …………. pay to the (Title)
plaintiff [or defendant] the sum of Rs. ………… being the balance of the said sum of Rs …………. Upon hearing the decree-holder it is ordered that this precept be sent to the Court of ……………. at
due to him, which will then remain due. ………………… under section 46 of the Code of Civil Procedure, 1908, with directions to attach the
No. 23 property specified in the annexed schedule and to hold the same pending any application which may be
DECREE FOR RECOVERY OF LAND AND MESNE PROFIT made by the decree-holder for execution of the decree.
(Title) Schedule
IT is hereby decreed as follows:— Dated the ………………….. day of …………… 20
1. That the defendant do put the plaintiff in possession of the property specified in the schedule Judge.
hereunto annexed. No. 3
2. That the defendant do pay to the plaintiff the sum of Rs. ………..... with interest thereon at the ORDER SENDING DECREE FOR EXECUTION TO ANOTHER COURT
rate of ……….… per cent. per annum to the date of realization on account of mesne profits which
(O.21, r. 6.)
have accrued due prior to the institution of the suit.
(Title)
Or
WHEREAS the decree-holder in the above suit has applied to this Court for a certificate to be sent to
2. That an inquiry be made as to the account of mesne profits which have accrued due prior to the
the Court of ………………… at ………………… for execution of the decree in the above suit by the
institution of the suit.
said Court, alleging that the judgment-debtor resides or has property within the local limits, for the
3. That an inquiry be made as to the amount mesne profits from the institution of the suit jurisdiction of the said Court, and it is deemed necessary and proper to send a certificate to the said Court
until [the delivery of possession to the decree-holder] [the relinquishment of possession by the under Order XXI, rule 6, of the Code of Civil Procedure, 1908, it is.
judgment-debtor with notice to the decree-holder through the Court] [the expiration of three years
Ordered:
from the date of the decree].
That a copy of this order be sent to ....................... with a copy of the decree and of any order which
may have been made for execution of the same and a certificate of non-satisfaction.
Schedule
Dated the ……………… day of ……………… 20 ………….
Judge.
No. 4
CERTIFICATE OF NON-SATISFACTION OF DECREE
(O.21, r. 6.)
(Title)
CERTIFIED that no satisfaction of the decree of this Court in suit No ……………. of ........20 …….. ,
1

a copy which is hereunto attached, has been obtained by execution within the jurisdiction of this Court.
Dated the ……………..day of ……………… 20 …………..
Judge.
* Here insert name of proper officer.
1. If partial, strike out “no” and State to what extent.

293 294

No. 5 No. 6
CERTIFICATE OF EXECUTION OF DECREE TRANSFERRED TO ANOTHER COURT APPLICATION FOR EXECUTION OF DECREE
(O. 21, r. 6.) (O.21, r.11.)
(Title) In the Court of
I, ……………… decree-holder, hereby apply for execution of the decree herein-below set forth:—
Number Names Date of Number of Processes Costs of Amount How the Remarks
of suit of application the issued and execution realized case is
granted thereby together with particulars of any cross decree.

and the parties for execution execution dates of disposed

Court by case service of
Amount with interest due upon the decree or other relief

which the thereof

decree
was
Previous application, if any, with date and result

passed
1 2 3 4 5 6 7 8 9
Whether any appeal preferred from decree

Rs. N.P. Rs. N.P.

Payment of adjustment made if any

Amount of costs, if any, awarded

Against whom to be executed

Mode in which the assistance of the

Court is required.
Names of parties

Date of Decree
No. of Suit

1 2 3 4 5 6 7 8 9 10
1899

0
4
4
R.s 72-4-0 recorded on application, dated the 4th March,

date of decree till payment].

Rs. 314-8-2 principal [interest at 6 per cent, per annum, from

[When attachment and sale of movable

55 12

property is sought.
2
47 10
Rs. a.

I, Pray that the total amount of Rs.

8

[together with interest on the principal

sum up to date of payment] and the
Total

cost of taking out this execution, be

realised by attachment and sale of
defendant’s movable property as per
As awarded in the decree

annexed list and paid to me.

Subsequently incurred

[When attachment and sale of immovable

Against the defendant C.D.

property is sought.]

I Pray that the total amount of Rs.

C.D. —Defendant

[together with interest on the principal

October 11, 1897
A.B. —Plaintiff

sum up to date of payment] and the cost

of taking out this execution, be realised
789 of 1897

by the attachment and sale of

defendant’s immovable property
None

specified at the foot of this application

No.

Signature of Muharrir in charge.

and paid to me.]
Signature of Judge.

295 296
 I ………………… declare that what is stated herein is true to the best of my knowledge and belief. You are further commanded to return this warrant on or before the……………day of………….20….
Signed , decree-holder. with an endorsement certifying the day on which and manner in which it has been executed, or why it has
Dated the ………………….. day of …………….. 20 not been executed.
[When attachment and sale of immovable property is sought.] GIVEN under my hand and the seal of the Court, this…………day of………..20.......
Description and specification of property Schedule
The undivided one-third share of the judgment-debtor in a house situated in the village of …………. J ud ge.
value Rs. 40, and bounded as follows:— No. 9
East by G’s house; west by H’s house; south by public road; north by private lane and J’s WARRANT FOR SEIZURE OF SPECIFIC MOVABLE PROPERTY ADJUDGED BY DECREE
house. (O. 21, r. 31.)
I ……………….. declare that what is stated in the above description is true to the best of my (Title)
knowledge and belief, and so far as I have been able to ascertain the interest of the defendant in the To
property therein specified.
The Bailiff of the Court,
Signed.................., decree-holder. WHEREAS………………….was ordered by decree of this Court passed on the……………… day
No. 7 of……......20…………, in Suit No…………of 20….., to deliver to the plaintiff the movable property (or
NOTICE TO SHOW CAUSE WHY EXECUTION SHOULD NOT ISSUE a……….share in the movable property) specified in the schedule hereunto annexed, and whereas the said
1
[(O. 21, r.16.)] property (or share) has not been delivered.
(Title)
These are to command you to seize the said movable property (or a………share of the said movable
To property) and to deliver it to the plaintiff or to such person as he may appoint in his behalf.
GIVEN under my hand and the seal of the Court, this………..day of………………20............
WHEREAS ………………… has made application to this Court for execution of decree in Suit Schedule
No. ……………… of 20…... , on the allegation that the said decree has been transferred to him by Judge.
assignment 2[or without assignment], this is to give you notice that you are to appear before this Court
No. 10
……………. on the ………….. day of …………………. 20………………. , to show cause why
execution should not be granted. NOTICE TO STATE OBJECTIONS TO DRAFT OF DOCUMENT
GIVEN under my hand and the seal of the Court, this.............day of..............20......... (O. 21, r. 34.)
Judge. (Title)
To
No. 8
WARRANT OF ATTACHMENT OF MOVABLE PROPERTY IN EXECUTION OF A DECREE
TAKE notice that on the……..day of………20……., …………………………the decree-holder in the
FOR MONEY (O.21. r. 30.) above suit presented an application to this Court that the Court may execute on your behalf a deed of……
(Title) whereof a draft is hereunto annexed, of the immovable property specified hereunder, and that
To the……..day of……………..20……, is appointed for the hearing of the said application, and that you are
The Bailiff of the Court at liberty
to appear on the said day and to state in writing any objections to the said draft.
Description of property
Decree WHEREAS ………..… was ordered by decree of this Court GIVEN under my hand and the seal of the Court, this…………day of .............20...........
passed on the day of …………….… 20 ……………… in Suit Judge.
Principal No. ……………. of............20 ………… , to pay to the plaintiff
the sum of Rs. ……………… as noted in the margin; and
Interest whereas the said sum of Rs. ………….. has not been paid; No. 11
Costs These are to command you to attach the movable property of WARRANT TO THE BAILIFF TO GIVE POSSESSION OF LAND, ETC.
the said ………… as set forth in the schedule hereunto annexed, (O.21, r. 35.)
Cost of execution
or which shall be pointed out to you by the said …………... , (Title)
Further interest and unless the said ………….. shall pay to you the said sum of
To
Rs. ……………… together with Rs. ……………. , the cost of
Total this attachment, to hold the same until further orders from this The Bailiff of the Court.
Court.
WHEREAS the undermentioned property in the occupancy of……………………...has been decreed to

1. Subs. by Act 10 of 1914, s. 2 and the First Sch., for “(O. 21, r. 22).
2. Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977).

297 298

…………, the plaintiff in this suit; you are hereby directed to put the said………………in possession of of……………….20…………, under a warrant in execution of a decree which was made and pronounced by the said
the same, and you are hereby authorized to remove any person bound by the decree who may refuse to Court on the ................................... day of .................................20…………., and by which decree it was ordered that the
vacate the same. said…………………….. should pay ...............................; And whereas the said……………………………has not obeyed
the decree nor satisfied the Court that he is entitled to be discharged from custody; You are hereby 1***
GIVEN under my hand and the seal of the Court, this ...................................... day of ...................... 20...........
commanded and required to take and receive the said…………………into the civil prison and keep him
Schedule imprisoned therein for a period not exceeding……………...or until the said decree shall be fully satisfied,
Judge. or the said………………….shall be otherwise entitled to be released according to terms and provisions of
No. 12 section 58 of the Code of Civil Procedure, 1908; and the Court does hereby fix 2*** per diem as the rate of the
NOTICE TO SHOW CAUSE WHY WARRANT OF ARREST SHOULD NOT ISSUE monthly allowance for the subsistence of the said………..during his confinement under this warrant
of committal.
(O. 21, r. 37.)
GIVEN under my signature and the seal of the Court, this…………day of……………20……..
(Title)
To
Judge.
No. 15
WHEREAS .............................................. has made application to this Court for execution of decree in Suit No. ORDER FOR THE RELEASE OF A PERSON IMPRISONED IN EXECUTION OF A DECREE
....................................of 20 .......................... by arrest and imprisonment of your person, you are hereby required to (Sections 58, 59)
appear before this Court on the ................................... day of ...................... 20 ............................, to show cause why (Title)
you should not be committed to the civil prison in execution of the said decree.
To
GIVEN under my hand and the seal of the Court, this ................................day of ...............................20........
The Officer in charge of the Jail at
Judge.
UNDER orders passed this day, you are hereby directed to set free…………………..judgment-debtor
No. 13
now in your custody.
WARRANT OF ARREST IN EXECUTION
Dated
(O. 21, r. 38.)
(Title) J ud ge.
To No. 16
The Bailiff of the Court. ATTACHMENT IN EXECUTION
WHEREAS …. ...........was adjudged by a decree of this Court in suit No .................. of ..................... 20.... , dated PROHIBITORY ORDER, WHERE THE PROPERTY TO BE ATTACHED CONSISTS OF MOVABLE PROPERTY TO WHICH THE
Decree the………….day of……………20………….,to pay to the decree- DEFENDANT IS ENTITLED SUBJECT TO A LIEN OR RIGHT OF SOME OTHER PERSON TO THE IMMEDIATE POSSESSION THEREOF

holder the sum of Rs…………as noted in the margin, and whereas (O. 21, r. 46.)
Principal
the said sum of Rs…………...has not been paid to the said decree- (Title)
Interest holder in satisfaction of the said decree, these are to To
Costs command you to arrest the said judgement-debtor and unless
the said judgment-debtor shall pay to you the said sum of Rs…… WHEREAS………………………………………………………...has failed to satisfy a decree passed
Execution
together with Rs……………for the cost of executing this process, against……………on the………………...day of…………………….20……….., in Suit No.……of......
to bring the said defendant before the Court with all convenient 20…, in favour of………….for Rs…………………..;
speed. It is ordered that the defendant be, and is hereby, prohibited and restrained until the further order
You are further commanded to return this warrant on or before of this Court, from receiving from……………the following property in the possession of the said,
the………………day of………………..20…………….....,with an ...............that is to say,…………………………..to which the defendant is entitled, subject to any claim of
Total endorsement certifying the day on which and manner in which it the said……………, and the said………is hereby prohibited and restrained, until the further
has been executed, or the reason why it has not been executed. order of this Court, from delivering the said property to any person or persons whomsoever.
Given under my hand and the seal of the Court, this ................................. day of ............................... 20…………… GIVEN under my hand and the seal of Court, this………………….day of………….20……………….
Judge. Judge.
No. 14
WARRANT OF COMMITTAL OF JUDGEMENT-DEBTOR TO JAIL
(O.21, r. 30.)
(Title)
To
The Officer in charge of the Jail at
WHEREAS……………………………………... who has been brought before this Court this……………………………day
1. The words “in the name of the King-Emperor of India,” omitted by the A. O. 1950.
2. The word “annas” omitted by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977).

299 300
 1
[No. 16A No. 17
AFFIDAVIT OF ASSETS TO BE MADE BY A JUDGMENT-DEBTOR
ATTACHMENT IN EXECUTION
ORDER XXI, RULE 41(2)]
In the Court of PROHIBITORY ORDER WHERE THE PROPERTY CONSISTS OF DEBTS NOT SECURED
BY NEGOTIABLE INSTRUMENTS
A.B………………………….. Decree-holder
(O. 21, r. 46.)
Vs.
(Title)
C…………………………… Judgment-debtor To
I of WHEREAS………………………...has failed to satisfy a decree passed against…………………….........on
oath the…………….day of………20……….., in Suit No……….of 20…………., in favour of……for
state on as follows:— Rs…………; it is ordered that the defendant be, and is hereby, prohibited and restrained, until the further
solemn affirmation
order of this Court, from receiving from you a certain debt alleged now to be due from you to the said
1. My full name is ………………………………… defendant, namely,………… and that you, the said……………...be, and you are hereby, prohibited and
(Block capitals) restrained, until the further order of this Court, from making payment of the said debt, or any part thereof,
to any person whomsoever or otherwise than into this Court.
2. I live at
*3. I am........................... married Given under my hand and the seal of the Court, this…………..day of……….20…………

single Judge.
widower (widow) No. 18
divorced ATTACHMENT IN EXECUTION PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF SHARES IN THE
4. The following persons are dependent upon me:— CAPITAL OF A CORPORATION
5. My employment, trade or profession is that of.................... (O. 21, r. 46.)
carried on by me at .................... (Title)
I am a director of the following companies:—
6. My present annual/monthly/weekly income, after paying income-tax, is as follows:— To
(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. .................... Defendant and to……………………., Secretary of Corporation.
I pay as outgoings by way of rates, mortgage, interest, etc., the annual sum of Rs. .................... WHEREAS………..has failed to satisfy a decree passed against………………..on the…………….day
(b) I pay as rent the annual sum of Rs. .................... of………20……, in Suit No……………of 20…….., in favour of……………….., for Rs……………….;
8. I possess the following:— it is ordered that you, the defendant, be, and you are hereby, prohibited and restrained, until the further
(a) Banking accounts; order of this Court, from making and transfer of……………...shares in the aforesaid corporation,
(b) Stocks and shares; namely,………. or from receiving payment of any dividends thereon; and you,………,the Secretary of the
(c) Life and endowment policies; said Corporation, are hereby prohibited and restrained from permitting any such transfer or making any
(d) House property; Give particulars such payment.
(e) Other property;
GIVEN under my hand and the seal of the Court, this…………day of…………20……..
(f) Other securities;
9. The following debts are due to me:— Judge.
(give particulars)
No. 19
(a) From of
Rs. ORDER TO ATTACH SALARY OF PUBLIC OFFICER OR SERVANT OF RAILWAY COMPANY OR LOCAL AUTHORITY
(b) From of (O. 21, r. 48.)
Rs. (etc.)
Sworn before me, etc.] (Title)
To

WHEREAS……………………, judgment-debtor in the above-named case; is a (describe office of

judgment-debtor) receiving his salary (or allowances) at your hands; and whereas………………, decree-
1. Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977). holder in the said case, has applied in this Court for the attachment of the salary (or allowances )
*Strike off the words which are not applicable. of the said……………to the extent of…………due to him under the decree; You are hereby required to

301 302

withhold the said sum of………..from the salary of the said……..in monthly instalments of……and to Sir,
remit the said sum (or monthly instalments) to this Court. I have the honour to inform you that the decree obtained in your Court on the ……………………day
GIVEN under my hand and the seal of the Court, this……….day of…………20.............. of…........……….20………..by…………….in Suit No…………of 20.....................in which he
Judge. was……….………and ………….was…………has been attached by this Court on the application
of……………………., the……….in the suit specified above. You are therefore requested to stay the
No. 20 execution of the decree of your Court until you receive an intimation from this Court that the present
ORDER OF ATTACHMENT OF NEGOTIABLE INSTRUMENT notice has been cancelled or until execution of the said decree is applied for by the holder of the decree
now sought to be executed or by his judgment-debtor.
(O. 21, r. 51.) I have the honour, etc.
(Title) Judge.
To Dated the……………….day of…….20………..

The Bailiff of the Court, No. 23

WHEREAS an order has been passed by this Court on the……………..day of……….20……….., for NOTICE OF ATTACHMENT OF A DECREE TO THE HOLDER OF THE DECREE
(O. 21, r. 53.)
the attachment of…………; You are hereby directed to seize the said…………………and bring the same
into Court. (Title)

GIVEN under my hand and the seal of the Court, this………….day of……………20………. To

Judge. WHEREAS an application has been made in this Court by the decree-holder in the above suit for the
No. 21 attachment of a decree obtained by you on the………....................day of……......20..............................., in
the Court of……………….in Suit No…….of 20.........., in which………….was………….and……….was
ATTACHMENT ……………………; It is ordered that you, the said………..., be, and you are hereby, prohibited and
PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF MONEY OR OF ANY SECURITY IN THE CUSTODY restrained, until the further order of this Court, from transferring or charging the same in any way.
OF A COURT OF JUSTICE OR 1[PUBLIC OFFICER] GIVEN under my hand and the seal of the Court, this……….day of………….20………….
(O. 21, r. 52.) J ud ge.
(Title) No. 24
To ATTACHMENT IN EXECUTION
PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF IMMOVABLE PROPERTY
Sir, (O. 21, r. 54.)
The plaintiff having applied, under rule 52 of Order XXI of the Code of Civil Procedure, 1908, for an (Title)
attachment of certain money now in yours hands (here state how the money is supposed to be in the hands
of the person addressed, on what account, etc.), I request that you will hold the said money subject to the To
further order of this Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Defendant
I have the honour to be, WHEREAS you have failed to satisfy a decree passed against you on the……………………….........day
Sir of…………..20……….., in Suit No……….of………20.............. , in favour of………………………for
Rs…………; It is ordered that you, the said………….., be, and you are hereby, prohibited and restrained,
Your most obedient Servant. until the further order of this Court, from transferring or charging the property specified in the Schedule
Dated the……….day of………20……… Judge. hereunto annexed, by sale, gift or otherwise, and that all persons be, and that they are hereby, prohibited from
receiving the same by purchase, or gift otherwise.
No. 22 1
[It is also ordered that you should attend Court on the…………………………………………….day
NOTICE OF ATTACHMENT OF A DECREE TO THE COURT WHICH PASSED IT of …………..20………, to take notice of the date fixed for settling the terms of the proclamation of
(O. 21, r. 53.) sale.]
GIVEN under my hand and seal of the Court, this…………day of………20………….
(Title)
Schedule
To
J ud ge.
The Judge of the Court of................

1. Subs. by the A. O. 1937, for “Officer of Government”. 1. Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977).

303 304
 No. 25 No. 28
ORDER FOR PAYMENT TO THE PLAINTIFF, ETC., OF MONEY, ETC., IN THE HANDS OF A THIRD PARTY NOTICE OF THE DAY FIXED FOR SETTLING A SALE PROCLAMATION
(O.21, r. 56.)
(O. 21, r. 66.)
(Title)
(Title)
To
To
WHEREAS the following property.....................................has been attached in execution of a decree in
Suit No……………….of 20………, passed on the……………day of 20......... , in favour of………..for ......................................................................................................... Judgment-debtor.
Rs........................………………….It is ordered that the property so attached, consisting of WHEREAS in the above-named suit……………………….., the decree-holder, has applied for the sale
Rs…………….in money and Rs......…………..in currency-notes, or a sufficient part thereof to satisfy the of……………… You are hereby informed……………………that the…………..day of………… 20 ,
said decree, shall be paid over by you, the said…………..to…………. has been fixed for settling the terms of the proclamation of sale.
GIVEN under my hand and the seal of the Court, this……………………day of………20.......... GIVEN under my hand and the seal of the Court, this…………… day of…………20………
Judge. J ud ge .
No. 26 No. 29
NOTICE TO ATTACHING CREDITOR PROCLAMATION OF SALE
(O. 21, r. 58.) (O. 21, r. 66)
(Title) (Title)
To (1) Suit No………………….of 20……….., decided by the………..of………in which was plaintiff
and was defendant.—Notice is hereby given that, under rule 64 of Order XXI of the Code of Civil
Procedure, 1908, an order has been passed by this Court for the sale of the attached property mentioned in
WHEREAS…………………………...has made application to this Court for the removal of attachment
the annexed schedule, in satisfaction of the claim of the decree-holder in the suit (1) mentioned in the
on………….placed at your instance in execution of the decree in Suit No………………of……… 20......... margin, amounting with costs and interest up-to date of sale to the sum of………………………….
this is to give you notice to appear before this Court on………….., the………….day of……..20………...,
The sale will be by public auction, and the property will be put up for sale in the lots specified in the
either in person or by a pleader of the Court duly instructed to support your claim, as attaching creditor.
schedule. The sale will be of the property of the judgment-debtors above-named as mentioned in the
GIVEN under my hand and the seal of the Court, this………..day of……….20........... schedule below; and the liabilities and claims attaching to the said property, so far as they have been
ascertained, are those specified in the schedule against each lot.
J ud ge.
In the absence of any order of postponement, the sale will be held by……………..at the monthly sale
No. 27
commencing at........... O’clock on the……………at…………...., In the event, however, of the
WARRANT OF SALE OF PROPERTY IN EXECUTION OF A DECREE FOR MONEY debt above specified and of the costs of the sale being tendered or paid before the knocking down of any
lot, the sale will be stopped.
(O. 21, r. 66.)
(Title) At the sale the public generally are invited to bid, either personally or by duly authorized agent. No bid
by, or on behalf of, the judgment-creditors above-mentioned, however, will be accepted, nor will any sale to
To them be valid without the express permission of the Court previously given. The following are the further.
The Bailiff of the Court. Conditions of sale
THESE are to command you to sell by auction, after giving…………day's previous notice, by affixing 1. The particulars specified in the schedule below have been stated to the best of the information of the
the same in this Court-house, and after making due proclamation, the…………..property attached under a Court, but the Court will not be answerable for any error, mis-statement or omission in this proclamation.
warrant from this Court, dated the…………day of 20................ , in execution of a decree in favour
of……………in Suit No………….of 20............, or so much of the said property as shall realize the sum 2. The amount by which the biddings are to be increased shall be determined by the officer
of Rs…………………..., being the………………of the said decree and costs still remaining unsatisfied. conducting the sale. In the event of any dispute arising as to the amount bid, or as to the bidder, the lot
shall at once be again put up to auction.
You are further commanded to return this warrant on or before the………….day of…………. …….20 3. The highest bidder shall be declared to be the purchaser of any lot, provided always that he is
with an endorsement certifying the manner in which it has been executed, or the reason why it has not been legally qualified to bid, and provided that it shall be in the discretion of the Court or officer holding the
executed. sale to decline acceptance of the highest bid when the price offered appears so clearly inadequate as to
GIVEN under my hand and the seal of the Court, this………..day of………20........... make it advisable to do so.
J ud ge. 4. For reasons recorded, it shall be in the discretion of the officer conducting the sale to adjourn it
subject always to the provisions of rule 69 of Order XXI.

305 306

5. In the case of movable property, the price of each lot shall be paid at the time of sale or as soon No. 30
after as the officer holding the sale directs, and in default of payment the property shall forthwith be again ORDER ON THE NAZIR FOR CAUSING SERVICE OF PROCLAMATION OF SALE
put up and re-sold. (O. 21, r. 66.)
6. In the case of immovable property, the person declared to be the purchaser shall pay immediately (Title)
after such declaration a deposit of 25 per cent. on the amount of his purchase-money to the officer To
conducting the sale, and in default of such deposit the property shall forthwith be put up again and
re-sold.
7. The full amount of the purchase-money shall be paid by the purchaser before the Court closes on The Nazir of the Court.
the fifteenth day after the sale of the property, exclusive of such day, or if the fifteenth day be a Sunday or WHEREAS an order has been made for the sale of the property of the judgment-debtor specified in the
other holiday, then on the first office day after the fifteenth day. schedule hereunder annexed, and whereas the………….day of………20..........., has been fixed for the
8. In default of payment of the balance of purchase-money within the period allowed, the property sale of the said property,………. copies of the proclamation of sale are by this warrant made over to you,
shall be re-sold after the issue of a fresh notification of sale. The deposit, after defraying the expenses of and you are hereby ordered to have the proclamation published by beat of drum within each of the
the sale, may, if the Court thinks fit, be forfeited to Government and the defaulting purchaser shall forfeit properties specified in the said schedule, to affix a copy of the said proclamation on a conspicuous part of
all claim to the property or to any part of the sum for which it may be subsequently sold. each of the said properties and afterwards on the Court-house, and then to submit to this Court a report
Given under my hand and the seal of the Court, this………….day of……….20…….. showing the dates on which and the manner in which the proclamations have been published.

Judge. Dated the…………. day of………………20……….

Schedule of Property Schedule
Judge.
Number of Description of pro- The revenue Detail of Claims, if any, 1[The value The value of the
lot perty to be sold, assessed upon the any which have been put of the pro- property as No. 31
with the name of estate or part of the encum- forward to the pro- perty as stated by the
each owner where estate, if the brances to perty and any other stated by the judgment- CERTIFICATE BY OFFICER HOLDING A SALE OF THE DEFICIENCY OF PRICE ON A RE-SALE OF PROPERTY
there are more property to be sold which the known particulars decree holder debtor.] BY REASON OF THE PURCHASER'S DEFAULT
judgment- debtors is an interest in an property is bearing on its
than one estate or a part of liable nature and value (O. 21, r. 71.)
an estate paying (Title)
revenue to
Government 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.
No. 32
NOTICE TO PERSON IN POSSESSION OF MOVABLE PROPERTY SOLD IN EXECUTION
(O.21, r, 79.)
(Title)
To

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 .

1. Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977).

307 308
 No. 33 Description of property
PROHIBITORY ORDER AGAINST PAYMENT OF DEBTS SOLD IN EXECUTION Given under my hand and the seal of the Court, this………… day of………..20…..
TO ANY OTHER THAN THE PURCHASER Judge.
(O. 21, r. 79.) No. 36
(Title) NOTICE TO SHOW CAUSE WHY SALE SHOULD NOT BE SET ASIDE
To (O. 21, rr. 90, 92.)
(Title)
and to To

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
WHEREAS……………has become the purchaser at a public sale in execution of the decree in the judgment-debtor], has applied to this Court to set aside the sale of the said property on the ground of a
above suit of………….. being debts due from you……………to you…………….; It is ordered that you material irregularity [or fraud] in publishing [or conducting] the sale, namely, that…………….
....... be, and you are hereby, prohibited from receiving, and you……………………...from making Take notice that if you have any cause to show why the said application should not be granted,
payment of, the said debt to any person or persons except the said………….. 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…….. Given under my hand and the seal of the Court, this…………day of………….20……
J ud ge. Description of property
No. 34 Judge.
PROHIBITORY ORDER AGAINST THE TRANSFER OF SHARE SOLD IN EXECUTION
(O. 21, r. 79.) No. 37
(Title) NOTICE TO SHOW CAUSE WHY SALE SHOULD NOT BE SET ASIDE
To (O. 21, rr. 91, 92.)
(Title)
........................................and.................................., Secretary of.........................................Corporation.
WHEREAS………….has become the purchaser at a public sale in execution of the decree, in the above
To
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 WHEREAS……………the purchaser of the under-mentioned property sold on the……………… day of
receiving any dividends thereon; and you……………, Secretary of the said Corporation, from permitting ……20………, in execution of the decree passed in the above-named suit, has applied to this Court to set
any such transfer or making any such payment to any person except the said……………..., the purchaser aside the sale of the said property on the ground that…………… , the judgment-debtor, had no saleable
aforesaid. interest therein.
Given under my hand and the seal of the Court, this………..day of …………..20………
Judge. Take notice that if you have any cause, to show why the said application should not be granted, you
No. 35 should appear with your proofs in this Court on the…………………… day of…………20........., when
CERTIFICATE TO JUDGMENT-DEBTOR AUTHORISING HIM TO MORTGAGE LEASE OR SELL PROPERTY the said application will be heard and determined.
(O. 21, r. 83.)
Given under my hand and the seal of the Court, this…………day of…………20…….
(Title)
Description of property
To
Judge.
No. 38
WHEREAS in excecution of the decree passed in the above suit an order was made on the…………day
CERTIFICATE OF SALE OF LAND
of……………..20…….., for the sale of the under-mentioned property of the judgment-debtor….....,
(O. 21, r. 94.)
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 (Title)
part thereof: This is to certify that…………………..has been declared the purchaser at a sale by public auction on
This is to certify that the Court doth hereby authorize the said judgment-debtor to make the proposed the…………………………day of………….20………of………………..in execution of decree in this
mortgage, lease or sale within a period of……. from the date of this certificate; provided that all monies and that the said sale has been duly confirmed by this Court.
payable under such mortgage, lease or sale shall be paid into this Court and not to the said judgment- Given under my hand and the seal of the Court, this…………day of…………20……
debtor. Judge.

309 310

No. 39 No. 42
ORDER FOR DELIVERY TO CERTIFIED PURCHASER OF LAND AT A SALE IN EXECUTION AUTHORITY OF THE COLLECTOR TO STAY PUBLIC SALE OF LAND
(O. 21, r. 95.) (Section 72)
(Title)
(Title)
To
The Bailiff of the Court. To
WHEREAS…………………………………..has become the certified purchaser of…………………..at a ..Collector of
sale in execution of decree in Suit No……………of……………..20………..; You are hereby ordered SIR,
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…….. 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
Judge. objectionable, I have the honour to inform you that you are authorised to make provision for the satisfaction of
No. 40 the said decree in the manner recommended by you.
SUMMONS TO APPEAR AND ANSWER CHARGE OF OBSTRUCTING EXECUTION OF DECREE
I have the honour to be,
(O. 21, r. 97.)
(Title) SIR,
To Your obedient servant
................... Judge.
...................

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.

311 312
 APPENDIX F
No. 3
SUPPLEMENTAL PROCEEDINGS
SUMMONS TO DEFENDANT TO APPEAR ON SURETY’S APPLICATION FOR DISCHARGE
No. 1
WARRANT OF ARREST BEFORE JUDGMENT (O . 38, r. 3.)
(O. 38, r. 1.)
(Title)
(Title)
To
To ...................
The Bailiff of the Court. ...................
WHEREAS………………………., the plaintiff in the above suit, claims the sum of Rs. ………… WHEREAS…………………………………, who became surety on the………………………day of……….
as noted in the margin, and has proved to the satisfaction of the Court 20….for your appearance in the above suit, has applied to this Court to be discharged from his obligation.
that there is probable cause for believing that the defendant……………………….. ... You are hereby summoned to appear in this Court in person on the…………………………...........day
Principal is about to…………………………………..These are to command you to demand
Interest of………………20……at…….A. M., when the said application, will be heard and determined.
and receive from the said ………………………………………………..the sum of
Rs…………………………………..as sufficient to satisfy the plaintiff's claim, and GIVEN under my hand and the seal of the Court, this……………day of…………20…..
unless the said sum of Rs. ………………………………...is forthwith delivered to
Judge.
you by or on behalf of the said……………………………………………to take the
said……………………………………………into custody, and to bring him before No. 4
this Court, in order that he may show cause why he should not furnish
Costs security to the amount of Rs. ………………….for his personal ORDER FOR COMMITTAL
appearance before the Court, until such time as the said suit shall be (O. 38, r. 4.)
TOTAL
fully and finally disposed of, and until satisfaction of any decree that
may be passed against him in the suit. (Title)
To
GIVEN under my hand and the seal of the Court, this……………………. Day of ……………20… ...................
Judge. ...................
No. 2 WHEREAS……………………., plaintiff in this suit, has made application to the Court that security be
SECURITY FOR APPEARANCE OF A DEFENDANT ARRESTED BEFORE JUDGMENT taken for the appearance of…………………..., the defendant, to answer any judgment that may be passed
(O. 38, r. 2.) against him in the suit; and whereas the Court has called upon the defendant to furnish such security, or to offer
a sufficient deposit in lieu of security, which he has failed to do; it is ordered that the said defendant……
(Title) be committed to the civil prison until the decision of the suit; or, if judgment be pronounced against him,
WHEREAS at the instance of………………., the plaintiff in the above suit, the until satisfaction of the decree.
defendant, has been arrested and brought before the Court; GIVEN under my hand and the seal of the Court, this………….day of…………….20………
And whereas on the failure of the said defendant to show cause why he should not furnish security for Judge.
his appearance, the Court has ordered him to furnish such security:
No. 5
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 ATTACHMENT BEFORE JUDGMENT, WITH ORDER TO CALL FOR SECURITY FOR FULFILMENT OF DECREE
suit is pending and until satisfaction of any decree that may be passed against him in the said suit; and in
(O. 38, r. 5.)
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. (Title)
Witness my hand at………………this……………day of………….20…….. To
(Signed.)
The Bailiff of the Court.
Witnesses.
WHEREAS……………….....has proved to the satisfaction of the Court that the defendant in the above
1. suit………..;
2. These are to command you to call upon the said defendant………………………………..on or before
the…………….day of………………….20………………..either to furnish security for the sum of rupees
……………to produce and place at the disposal of this Court when required……………………….……or
the value thereof, or such portion of the value as may be sufficient to satisfy any decree that may be passed

313 314

against him; or to appear and show cause why he should not furnish security; and you are further ordered No. 8
to attach the said……………..and keep the same under safe and secure custody until the further order of TEMPORARY INJUNCTIONS
the Court; and you are further commanded to return this warrant on or before the………………....day (O. 39, r. 1.)
of……. 20……. , with an endorsement certifying the date on which and the manner in which it has been
executed, or the reason why it has not been executed.
(Title)
GIVEN under my hand and the seal of the Court, this………………..day of…………20……….
Upon motion made unto this Court by……………Pleader of [or Counsel for] the plaintiff A. B., and
Judge.
upon reading the petition of the said plaintiff in this matter filed [this day] [or the plaint filed in this suit on the
No. 6 ………………………day of……………………, or the written statement of the said plaintiff filed on
SECURITY FOR THE PRODUCTION OF PROPERTY the……………day of………..] and upon hearing the evidence of…………and………………...in support
thereof [if after notice and defendant not appearing : add, and also, the evidence of ……………………as to
(O. 38, r. 5.) service of notice of this motion upon the defendant C. D.]: This Court doth order that an injunction be awarded
(Title) to restrain the defendant C. D. his servants, agents and workmen, from pulling down, or suffering to be pulled
down, the house in the plaint in the said suit of the plaintiff mentioned [or in the written statement, or petition, of
WHEREAS at the instance of………………………., the plaintiff in the above suit, …………………...
the plaintiff and evidence at the hearing of this motion mentioned], being No. 9, Oilmongers Street, Hindupur,
the defendant has been directed by the Court to furnish security in the sum of Rs……………………….to
in a Taluk of………….. , and from selling the materials where of the said house is composed, until the
produce and place at the disposal of the Court the property specified in the schedule hereunto annexed;
hearing of this suit or until the further order of this Court.
Therefore I……………………...have voluntarily become surety and do hereby bind myself, my heirs
and executors, to the said Court, that the said defendant shall produce and place at the disposal of the Court, Dated this………………….day of………….20…….
when required, the property specified in the said schedule, or the value of the same, or such portion thereof as
may be sufficient to satisfy the decree; and in default of his so doing, I bind myself, my heirs and executors, to Judge.
pay to the said Court, at its order, the said sum of Rs…………………or such sum not exceeding the said
sum as the said Court may adjudge. [Where the injunction is sought to restrain the negotiation of a note or bill, the ordering part of the
order may run thus:—]
Schedule
………………to restrain the defendant…………….. and……………………..from parting without of
Witness my hand at…………………..this…………..day of……………………..20………
the custody of them or any of them or endorsing, assigning or negotiating the promissory note [or bill of
(Signed.) exchange] in question dated on or about the…………, etc., mentioned in the plaintiff's plaint [or petition]
Witnesses. and the evidence heard at this motion until the hearing of this suit, or until the further order of this Court.
1. [In Copyright cases]……………to restrain the defendant C.D., his servants, agents or workmen from
2. printing, publishing or vending a book, called……………………..or any part thereof, until the, etc.

[Where part only of a book is to be restrained]

No. 7
.………….to restrain the defendant C.D., his servants, agents or workmen, from printing, publishing,
ATTACHMENT BEFORE JUDGMENT, ON PROOF OF FAILURE TO FURNISH SECURITY selling or otherwise disposing of such parts of the book in the plaint [or petition and evidence, etc.] mentioned
(O. 38, r. 6.) to have been published by the defendant as hereinafter specified, namely, that part of the said book which is
entitled………..and also that part which is entitled…………………….................[or which is contained in
(Title) page………..to page both inclusive] until ……………….., etc.
To
[In Patent cases]……………..to restrain the defendant C. D., his agents, servants and workmen, from
The Bailiff of the Court. making or vending any perforated bricks [or as the case maybe] upon the principle of the inventions in
WHEREAS……………………, the plaintiff in this suit, has applied to the Court to call upon…….. the plaintiff's plaint [or petition, etc., or written statement, etc.,] mentioned, belonging to the plaintiffs, or either of
the defendant, to furnish security to fulfil any decree that may be passed against him in the suit, and whereas them, during the remainder of the respective terms of the patents in the plaintiff's plaint [or as the case may be]
the Court has called upon the said………………………….to furnish such security, which he has failed to mentioned, and from counterfeiting, imitating or resembling the same inventions, or either of them, or making
do; these are to command you to attach………….., the property of the said………., and keep the any addition thereto, or subtraction therefrom, until the hearing, etc.
same under safe and secure custody until the further order of the Court, and you are further commanded to
return this warrant on or before the…………..day of…………….20………………………………with an [In cases of Trade marks]……………to restrain the defendant C.D., his servants, agents or workmen,
endorsement certifying the date on which and the manner in which it has been executed, or the reason why it from selling, or exposing for sale, or procuring to be sold, any composition or blacking [or as the case may be]
has not been executed. described as or purporting to be blacking manufactured by the plaintiff A.B., in bottles having affixed thereto
such labels as in the plaintiff's plaint [or petition, etc.] mentioned, or any other labels so contrived or expressed
GIVEN under my hand and the seal of the Court, this……………….day of…………20……… as, by colourable imitation or otherwise, to represent the composition or blacking sold by the defendant to be
Judge. the same as the composition or blacking manufactured and sold by the plaintiff A.B., and from using trade-cards

315 316
 And whereas the said……………….has been appointed, by order of the above-mentioned Court, to
so contrived or expressed as to represent that any composition or blacking sold or proposed to be sold by the receive the rents and profits of the immovable property and to get in the outstanding movable property
defendant is the same as the composition or blacking manufactured or sold by the plaintiff A. B. until the etc. of……………..in the said plaint named:
[To restrain a partner from in any way interfering in the business] Now the condition of this obligation is such, that if the above-bounden………shall duly account for
all and every the sum and sums of money which he shall so receive on account of the rents and profits of
to restrain the defendant C.D., his agents, and servants, from entering into any contract, and from the immovable property, and in respect of the movable property, of the said….......at such periods as the said
accepting, drawing, endorsing or negotiating any bill of exchange, note or written security in the name of the Court shall appoint, and shall duly pay the balances which shall from time to time be certified to be due from him
partnership-firm of B. and D., and from contracting any debt, buying and selling any goods, and from making or as the said Court hath directed or shall hereafter direct, then this obligation shall be void, otherwise it shall
entering into any verbal or written promise, agreement or undertaking, and from doing, or causing to be done, remain in full force.
any act, in the name or on the credit of the said partnership-firm of B. and D., or whereby the said partnership- Signed and delivered by the above-bounden in the presence of……………………
firm can or may in any manner become or be made liable to or for the payment of any sum of money, or for the
performance of any contract, promise or undertaking until the, etc. NOTE.—If deposit of money is made, the memorandum thereof should follow the terms of the
condition of the bond.
1
No. [9]

APPOINTMENT OF A RECEIVER
(O. 40, r. 1.)
(Title)
To
...................
...................

WHEREAS……………….has been attached in execution of a decree passed in the above suit on the...........
day of…………….20…….., in favour of……….; You are hereby (subject to your giving security
to the satisfaction of the Court) appointed receiver of the said property under Order XL of the Code of Civil
Procedure, 1908, with full powers under the provisions of that Order.

You are required to render a due and proper account of your receipts and disbursements in respect of the
said property on ............You will be entitled to remuneration at the rate of…………………per cent. upon
your receipts under the authority of this appointment.

GIVEN under my hand and the seal of the Court, this…………..day of……….20

Judge.

No. 2[10]

BOND TO BE GIVEN BY RECEIVER

(O. 40, r. 3.)

(Title)

KNOW all men by these presents, that we,……… and……………..and………………., are jointly and
severally bound to…………..of the Court of………in Rs…………….. to be paid to the said………or
his successor in office for the time being. For which payment to be made we bind ourselves, and each of us, in
the whole, our and each of our heirs, executors and administrators, jointly and severally, by these presents.

Dated this…………..day of……………20………..

WHEREAS a plaint has been filed in the Court by……….against……………for the purpose of [here
insert the object of suit]:

1. The number of the Form, originally misprinted as 6, was corrected by Act 10 of 1914, s. 2 and the First Sch.
2. The number of the Form, originally misprinted as 7, was corrected by Act 10 of 1914, s. 2 and the First Sch.

317 318

No. 3
APPENDIX G SECURITY BOND TO BE GIVEN DURING THE PENDENCY OF APPEAL
(O. 41, r. 6.)
APPEAL, REFERENCE AND REVIEW
(Title)
No. 1
To
MEMORANDUM OF APPEAL ...................
(O. 41, r. 1.) ...................
(Title) THIS security bond on stay of execution of decree executed by witnesseth:—
The...............................................above-named appeals to the……………………………………... That………………., the plaintiff in Suit No……………………of……………………20…….
Court at…………………from the decree of……………in Suit No………………of…………….. 20…… having sued………………, defendant,, in this Court and a decree having been passed on the
dated the……………….day of………………20………,and sets forth the following grounds of objection ………………….day of ……………………….20……in favour of the plaintiff, and the defendant having
to the decree appealed from, namely:— preferred an appeal from the said decree in the................. Court, the said appeal is still pending.
Now the plaintiff decree-holder has applied for execution of the said decree and has been called upon to
furnish security. Accordingly I, of my own free will, stand security to the extent of Rs……………...………,
No. 2 mortgaging the properties specified in the schedule hereunto annexed, and covenant that if the decree of the
SECURITY BOND TO BE GIVEN ON ORDER BEING MADE TO STAY EXECUTION OF DECREE first Court be reversed or varied by the Appellate Court, the plaintiff shall restore any property which may be
(O. 41, r. 5.) or has been taken in execution of the said decree and shall duly act in accordance with the decree of the
Appellate Court and shall pay whatever may be payable by him thereunder, and if he should fail therein then
(Title)
any amount so payable shall be realised from the properties hereby mortgaged, and if the proceeds of the sale
To of the said properties are insufficient to pay the amount due, I and my legal representatives will be personally
................... liable to pay the balance. To this effect I execute this security bond this……………………day of
……………….20…….
...................
Schedule
This security bond on stay of execution of decree executed by………………………...witnesseth:—
(Signed.)
That……….., the plaintiff in Suit No.…………………of............................20...……………having sued
Witnessed by
……………….. , the defendant, in this Court and a decree having been passed on the……………….day
1.
of………………20……, in favour of the plaintiff, and the defendant having preferred an appeal from the
2.
said decree in the………Court, the said appeal is still pending.
No. 4
Now the plaintiff decree-holder having applied to execute the decree, the defendant has made an application SECURITY FOR COSTS OF APPEAL
praying for stay of execution and has been called upon to furnish security. Accordingly I, of my own free will, (O. 41, r. 10.)
stand security to the extent of Rs. ………………..,mortgaging the properties specified in the schedule (Title)
hereunto annexed, and covenant that if the decree of the first Court be confirmed or varied by the Appellate To
Court 'the said defendant shall duly act in accordance with the decree of the Appellate Court and shall pay
...................
whatever may be payable by him thereunder, and if he should fail therein then any amount so payable shall
be realized from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are ...................
insufficient to pay the amount due, I and my legal representatives will be personally liable to pay the balance. This security bond for costs of appeal executed by……………….witnesseth:—
To this effect I execute this security bond this………..day of………………20………. This appellant has preferred an appeal from the decree in Suit No. …………………………………of
…………………20……, against the respondent, and has been called upon to furnish security. Accordingly
Schedule I, of my own free will, stand security for the costs of the appeal, mortgaging the properties specified in the
schedule hereunto annexed. I shall not transfer the said properties or any part thereof, and in the event of any
(Signed.)
default on the part of the appellant, I shall duly carry out any order that may be made against me with regard to
Witnessed by payment of the costs of appeal. Any amount so payable shall be realised from the properties hereby mortgaged,
and if the proceeds of the sale of the said properties are insufficient to pay the amount due I and my legal
1. representatives will be personally liable to pay the balance. To this effect, I execute this security bond this
………………….day of…………….20……..
2. Schedule
Witnessed by
1.
2. (Signed.)

319 320
 No. 5 WHEREAS you were a party in Suit No…………………….of…………………20………, in the Court
of,………………………., and whereas the…………………has preferred an appeal to this Court from the
I NTIMATION TO LOWER COURT OF ADMISSION OF APPEAL decree passed against him in the said suit and it appears to this Court that you are interested in the result of the
(O. 41, r. 13.) said appeal:
This is to give you notice that this C ourt has directed you to be made a respondent in the
(Title)
said appeal and has adjourned the hearing thereof till the…………………….day of……………..20…….,
To at…….. A. M. If no appearance is made on your behalf on the said day and at the said hour the appeal will be
heard and decided in your absence.
...................
GIVEN under my hand and the seal of the Court, this…………..day of…………….20……….……….
...................
Judge.
You are hereby directed to take notice that……………………, the………………….........in the above
suit, has preferred an appeal to this Court from the decree passed by you therein on the…………............... No. 8
day of…………………..20…………. MEMORANDUM OF CROSS OBJECTION
You are requested to send with all practicable despatch all material papers in the suit. (O. 41, r. 22.)
Dated the………………day of………………..20………………. (Title)
Judge. WHEREAS the………………has preferred an appeal to the…………………Court……………
at…………from the decree of…………in Suit No………………………of……………20……….
No. 6
dated the……………… day of…………………………..20………………, and whereas notice of the day
N OTICE TO RESPONDENT OF THE DAY FIXED FOR THE HEARING OF THE APPEAL fixed for hearing the appeal was served………………………………..on the………………………….day
of……………………20……….., the files this memorandum of cross objection under rule
(O. 41, r. 14.) 22 of Order XLI of the Code of Civil Procedure, 1908, and sets forth the following grounds of objection
(Title) to the decree appealed from, namely:—
Appeal from the……………of the Court…………………………..of………………………....... No. 9
dated……………………the……………………..day of…………….20………
DECREE IN APPEAL
To
(O. 41, r. 35.)
Respondent
(Title)
Take notice that an appeal from the decree of………………………………in this case has been presented
Appeal No. …………………….of ...........20…..............................from the decree of the Court of
by…………………………………and registered in this Court, and that the…………day of………
………………..dated the……………….day of……………………20…………..
20……….. has been fixed by this Court for the hearing of this appeal.
If no appearance is made on your behalf by yourself, your pleader, or by some one by law authorised
Memorandum of Appeal.
to act for you in this appeal, it will be heard and decided in your absence.
Plaintiff.
GIVEN under my hand and the seal of the Court, this…………day of……………………20......
versus
Judge.
Defendant.
[NOTE—If a stay of execution has been ordered intimation should be given of the fact on this notice.]
The………………………..above-named appeals to the…………………….Court at……….........from
the decree of………………….in the above suit dated the……………………….day of……………
20…………., for the following reasons, namely:—
No. 7
This appeal coming on for hearing on the…..……………..day of…………….20…………….., before
NOTICE TO A PARTY TO A SUIT NOT MADE, A PARTY TO THE APPEAL BUT JOINED BY THE COURT AS A in the presence of………….or the appellant and of……………………….for the respondent, it is
RESPONDENT ordered—
(O. 41, r. 20.) The costs of this appeal, as detailed below, amounting to Rs…………………………..are to be paid
(Title) by………………………The cost of the original suit are to be paid by………………………..
To GIVEN under my hand this………………………..day of………………………20………….
................... Judge.
...................

321 322

No. 12
NOTICE TO SHOW CAUSE WHY A CERTIFICATE OF APPEAL TO THE 1[SUPREME COURT] SHOULD NOT BE GRANTED
(O. 45, r. 3.)
Costs of Appeal (Title)
Appellant Amount Respondent Amount To
1. Stamp for memorandum of appeal… Rs. A. P. Stamp for power……… Rs. A. P. ...................
2. Do. for power………… Do. for petition…….. ...................
3. Service of processes………. Service of processes….. 2
[TAKE notice that…………………………………………………………………….has applied to this
4. Pleader's fee on Rs. ………….. Pleader’s fee on Rs. .….. Court for a certificate—
(i) that the case involves a substantial question of law of general importance, and
TOTAL TOTAL (ii) that in the opinion of this Court the said question needs to be decided by the Supreme Court.]
The ……………………………day of…………………..20……….is fixed for you to show cause why
the Court should not grant the certificate asked for.
GIVEN under my hand and the seal of the Court, this…………….day of…………………………20....
No. 10
Registrar.
APPLICATION TO APPEAL IN forma pauperis
(O. 44, r. 1.)
No. 13
(Title)
NOTICE TO RESPONDENT OF ADMISSION OF APPEAL TO THE 1[SUPREME COURT]
I…………………the…………………………………………above-named, present the accompanying
memorandum of appeal from the decree in the above suit and apply to be allowed to ap peal as a pauper. (O. 45, r. 8.)
Annexed is a full and true schedule of all the movable and immovable property belonging to me with (Title)
the estimated value thereof. To
Dated the…………………….day of…………………..20………………. ...................
(Signed.) ...................
[NOTE.—Where the application is by the plaintiff he should state whether he applied and was allowed to WHEREAS…………………………………., the………………..in the above case, has furnished the security
sue in the Court of first instance as a pauper.] and made the deposit required by Order XLV, rule 7, of the Code of Civil Procedure, 1908:
Take notice that the appeal of the said………………………to 3[the Supreme Court] has been
No. 11 admitted on the…………………day of…………………20………
NOTICE OF APPEAL IN forma pauperis GIVEN under my hand and the seal of the Court, this…………….. day of…………………..……20…
(O. 44, r. 1.) Registrar.
(Title)
WHEREAS the above-named…………………………...has applied to be allowed to appeal as a pauper
from the decree in the above suit dated the…………………..day of…………........... 20…..………………
and whereas the……………………day of……………20…………………….., has been fixed for hearing
the application, notice is hereby given to you that if you desire to show cause why the applicant should not be
allowed to appeal as a pauper an opportunity will be given to you of doing so on the afore-mentioned date.
GIVEN under my hand and the seal of the Court, this…………….day of………………………..20....
Judge.

1. Subs. by the A.O. 1950, for “KING IN COUNCIL”.

2. Subs. by Act 49 of 1973, s. 4, for the former paragraph.
3. Subs. by the A.O. 1950, for “His Majesty in Council”.

323 324
 APPENDIX H
No. 14 MISCELLANEOUS
No. 1
NOTICE TO SHOW CAUSE WHY A REVIEW SHOULD NOT BE GRANTED
AGREEMENT OF PARTIES AS TO ISSUES TO BE TRIED
(O. 47, r. 4.)
(O. 14, r. 6.)
(Title) (Title)
To W HEREAS we, the parties in the above suit, are agreed as to the question of fact [ or of law] to be
decided between us and the point at issue between us is whether a claim founded on a bond, dated the day
TAKE notice that…………………………has applied to this Court for a review of its decree passed on
of……………………….20…………………….and filed as Exhibit………………………..in the said
the………………………day of……………………………. 20…………………… in the above case. The
suit, is or is not beyond the statute of limitation (or state the point at issue whatever it may be):
……………….day of……………………..20…………………fixed for you to show cause why the Court
should not grant a review of its decree in this case. We therefore severally bind ourselves that, upon the finding of the Court in the negative [ or affirmative]
of such issue,…………………….will pay to the said…………..the sum of Rupees………………….
GIVEN under my hand and the seal of the Court, this…………….. day of…………………….20.... (or such sum as the Court shall hold to be due thereon), and I, the said……………… , will accept the
said sum of Rupees………………..(or such sum as the Court shall hold to be due) in full satisfaction
of my claim on the bond aforesaid [or that upon such finding I, the said………………….., will do or
Judge. abstain from doing, etc., etc.]
Plaintiff.
versus
Defendant.
Witnesses:—
1.
2.
Dated the……………………………….day of……………………20……………..
No. 2
NOTICE OF APPLICATION FOR THE TRANSFER OF A SUIT TO ANOTHER COURT FOR TRIAL
(Section 24.)
In the Court of the District Judge of………………………..No………………………of.......20…….

To
WHEREAS an application, dated the………………….day of……………………….20…………..., has
been made to this Court by…………….the………………………….in Suit No…………………………of
20……………now pending in the Court of the…………at………………………………………..in which
…………………is plaintiff and…………………………...is defendant, for the transfer of the suit for trial
to the Court of the……………….at…………………….:—
You are hereby informed that the……………..day of……………………20…………………has been
fixed for the hearing of the application, when you will be heard if you desire to offer any objection to it.
GIVEN under my hand and the seal of the Court, this………….day of………………………20………

Judge.
1
[No. 2A
LIST OF WITNESSES PROPOSED TO BE CALLED BY PLAINTIFF/DEFENDANT
(O. XVI, r. 1.)

Name of the party Name and address

which proposes to of the witness Remarks]
call the witness

1. Ins. by Act 104 of 1976, s. 96 (w.e.f. 1-2-1977).

325 326

No. 3 No. 7
NOTICE OF PAYMENT INTO COURT COMMISSION TO EXAMINE ABSENT WITNESS
(O. 24, r.2.) (O. 26, rr. 4, 18.)
(Title)
(Title)
WHEREAS the evidence of………………………………………is required by the……………….
TAKE notice that the defendant has paid into Court Rs. …………………….and says that that sum is in the above suit; and whereas……………………………………..; you are requested to take the evidence
sufficient to satisfy the plaintiff's claim in full. on interrogatories [or viva voce] of such witness……………………………………………….and you are
X Y, Pleader for the defendant. hereby appointed Commissioner for that purpose. The evidence will be taken in the presence of the parties or
To Z., Pleader for the plaintiff. their agents if in attendance, who will be at liberty to question the witness on the points specified, and you
No. 4 are further requested to make return of such evidence as soon as it may be taken.
Process to compel the attendance of the witness will be issued by any Court having jurisdiction on
NOTICE To SHOW CAUSE (GENERAL FORM)
your application.
(Title) A sum of Rs……………………., being your fee in the above, is herewith forwarded.
To GIVEN under my hand and the seal of the Court, this.…………………day of……………….20……...
WHEREAS the above-named………………………………………...has made application to this Court Judge.
that……………………….; No. 8
You are hereby warned to appear in this Court in person or by a pleader duly instructed on the LETTER OF REQUEST
…................................ day of…………………20......, at……..O’clock in the forenoon, to show cause (O. 26, r.5.)
against the application, failing wherein, the said application will be heard and determined ex parte. (Title)
GIVEN under my hand and the seal of the Court, this………………day of……….20…………. (Heading:—To the President and Judges of, etc., etc., or as the case may be.)
WHEREAS a suit is now pending in the………………………………………………...in which A. B. is
Judge. plaintiff and C.D. is defendant; And in the said suit the plaintiff claims.
No. 5 (Abstract of claim.)
PLAINTIFF And whereas it has been represneted to the said Court that it is necessary for the purposes of justice and
for the due determination of the matters in dispute between the parties, that the following persons should be
LIST OF DOCUMENTS PRODUCED BY
examined as witnesses upon oath touching such matters, that is to say:
(O. 13, r. 1.) E. F., of
DEFENDANT G. H., of
(Title) and
No. Description of document. Date, if any which Signature of party or pleader. I. J., of
the document bears.
1 2 3 4 And it appearing that such witnesses are resident within the jurisdiction of your honourable Court;
Now I…………………………………., as the………………………………. of the said Court, have
the honour to request, and do hereby request, that for the reasons aforesaid and for the assistance of the said
No. 6 Court, you, as the President and Judges of the said……………….or some one or more of you, will
NOTICE TO PARTIES OF THE DAY FIXED FOR EXAMINATION OF A WITNESS ABOUT TO LEAVE THE JURISDICTION be pleased to summon the said witness (and such other witnesses as the agents of the said plaintiff and
(O. 18, r. 16.) defendant shall humbly, request you in writing so to summon) to attend at such time and place as you shall
(Title) appoint before some one or more of you or such other person as according to the procedure of your Court is
To competent to take the examination of witnesses, and that you will cause such witnesses to be examined upon
Plaintiff (or defendant). the interrogatories which accompany this letter of request (or viva voce) touching the said matters in
................................. question in the presence of the agents of the plaintiff and defendant, or such of them as shall, on due notice
given, attend such examination.
.................................
And I further have the honour to request that you will be pleased to cause the answers of the said
WHEREAS in the above suit application has been made to the Court by………………………...that the witnesses to be reduced into writing, and all books, letters, papers and documents produced upon such
examination of…………………, a witness required by the said…………………………..., in the said suit examination to be duly marked for identification, and that you will be further pleased to authenticate such
may be taken immediately; and it has been shown to the Court's satisfaction that the said witness is about to examination by the seal of your tribunal, or in such other way as is in accordance with your procedure, and to return
leave the Court's jurisdiction (or any other good and sufficient cause to be stated); the same, together with such request in writing, if any, for the examination of other witnesses to the said
Take notice that the examination of the said witness………………………will be taken by the Court Court.
on the……………………day of……………………………20………… Note.—If the request is directed to a Foreign Court, the words “through 1[the Ministry of External Affairs
Dated the…………day of…………………………………….20………….. of the Government of India] for transmission” should be inserted after the words “other witnesses” in the
Judge. last line of this form.

1. Subs. by the A. O. 1950, for “His Majesty’s Secretary of State for Foreign Affairs”.

327 328
 1
No. 9 [No.11
COMMISSION FOR A LOCAL INVESTIGATION, OR TO EXAMINE ACCOUNTS NOTICE TO CERTIFICATED, NATURAL, OR, de facto GUARDIAN
(O. 26, rr. 9,11.) (O. XXXII, r. 3.)
(Title) (Title)
To (Certificated/Natural/de facto Guardian)
To

WHEREAS it is deemed requisite, for the purposes of this suit, that a commission for......................... WHEREAS an application has been presented on the part of the plaintiff*/on behalf of the minor
should be issued; You are hereby appointed Commissioner for the purpose of............................................ defendant*/in the above suit for the appointment of a guardian for the suit for the minor
defendant............., you (insert the name of the guardian appointed or declared by Court, or natural
Process to compel the attendance before you of any witnesses, or for the production of any documents
guardian, or the person in whose care the minor is) are hereby required to take notice that unless you
whom or which you may desire to examine or inspect, will be issued by any Court having jurisdiction on
appear before this Court on or before the day appointed for the hearing of the case and stated in the
your application.
appended summons, and express your consent to act as guardian for the suit for the minor, the Court will
A sum of Rs...................................... , being your fee in the above, is herewith forwarded. proceed to appoint some other person to act as a guardian for the minor, for the purposes of the said suit.
GIVEN under my hand and the seal of the Court, this........................... day of............................. 20.
GIVEN under my hand and the seal of the Court, this.............................day of............................20 Judge.
No. 11A
Judge.
NOTICE TO MINOR DEFENDANT
No. 10
(Order XXXII, r. 3.)
COMMISSION TO MAKE A PARTITION
(Title)
(O. 26, r. 13.)
To
(Title)
Minor Defendant
To
WHEREAS an application has been presented on the part of the plaintiff in the above suit for the
appointment of..............................* as guardian for the suit for you, the minor defendant, you are hereby
required to take notice to appear in this Court in person on the....................day
WHEREAS it is deemed requisite for the purposes of this suit that a commission should be issued to of..........20......................at......................O’clock in the forenoon to show cause against the application,
make the partition or separation of the property specified in, and according to the rights as declared in, the failing which the said application will be heard and determined ex parte.
decree of this Court, dated the.............................. day of.........................................20......................;You are GIVEN under my hand and the seal of the Court, this...................... day of ................... 20 .....
hereby appointed Commissioner for the said purpose and are directed to make such inquiry as may be Judge.]
necessary, to divide the said property according to the best of your skill and judgment in the shares set out
No. 12
in the said decree, and to allot such shares to be several parties. You are hereby authorized to award sums
to be paid to any party by any other party for the purpose of equalizing the value of the shares. NOTICE TO OPPOSITE PARTY OF DAY FIXED FOR HEARING EVIDENCE OF PAUPERISM
Process to compel the attendance before you of any witness, or for the production of any documents, (O. 33, r.6.)
whom or which you may desire to examine or inspect, will be issued by any Court having jurisdiction on (Title)
your application. To
A sum of Rs................, being your fee in the above, is herewith forwarded. WHEREAS .. .............................................................................................................................................
GIVEN under my hand and the seal of the Court, this........................... day of............................ 20. has applied to this Court for permission to institute a suit against..........................in forma pauper is under
Judge. Order XXXIII of the Code of Civil Procedure, 1908; and whereas the Court sees no rea son to reject
the application; and whereas the.........day of...........20.....................has been fixed for receiving such
evidence as the applicant may adduce in proof of his pauperism and for hearing any evidence which may
be adduced in disproof thereof:
Notice is hereby given to you under rule 6 of Order XXXIII that in case you may wish to offer any
evidence to disprove the pauperism of the applicant, you may do so on appearing in this Court on the said
..................day of ................ 20 .
GIVEN under my hand and the seal of the Court, this...................... day of ..................... 20 .
Judge.

*Strike off the words which are not applicable.

1. Subs. by Act 104 of 1976, s. 96, for Form 11 (w.e.f. 1-2-1977).

329 330

No. 13
Arrest, and date
Minute of other

to every Return

NOTE.—Where there are numerous plaintiffs, or numerous defendants, the name of the first Plaintiff only, or the first defendant only, as
Return of Execution

NOTICE TO SURETY OF HIS LIABILITY UNDER A DECREE

Return than
Payment or

(Section 145)
(Title)
To
...........................
...........................

WHEREAS you..........................................did on.............................................become liable as surety for the

performance of any decree which might be passed against the said.............................defendant in the
Execution

above suit; and whereas a decree was passed on the........day of..........................20...........................against

the said defendant for the payment of..........................................................and whereas application has
been made for execution of the said decree against you:

Take notice that you are hereby required on or before the................... day of............................ 20......
to show cause why the said decree should not be executed against you, and if no sufficient cause shall be,
Appeal

within the time specified, shown to the satisfaction of the Court, an order for its execution will be
forthwith issued in the terms of the said application.
GIVEN under my hand and the seal of the Court, this........................... day of................20.
Judgment

Judge.
Appearanc
e

the case may be, need be entered in the register.

REGISTER OF CIVIL SUITS IN THE YEAR 20
CIVIL SUITS (O. 4, R.2.)

Defendant
COURT OF THE OF AT

Plaintiff
REGISTER OF
No. 14

Claim

331 332
 1
[APPENDIX-I

Judgment
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.
2. I am sufficiently conversant with the facts of the case and have also examined all relevant
documents and records in relation thereto.

Appearance
3. I say that the statements made in -----paragraphs are true to my knowledge and statements made in -
----paragraphs are based on information received which I believe to be correct and statements made in ---
paragraphs are based on legal advice.
4. I say that there is no false statement or concealment of any material fact, document or record and I
have included information that is according to me, relevant for the present suit.
Decree appealed from

5. I say that all documents in my power, possession, control or custody, pertaining to the facts and
circumstances of the proceedings initiated by me have been disclosed and copies thereof annexed with the
plaint, and that I do not have any other documents in my power, possession, control or custody.
6. I say that the above-mentioned pleading comprises of a total of ----- pages, each of which has been
REGISTER OF APPEALS FROM DECREES IN THE YEAR 20 ………

duly signed by me.

7. I state that the Annexures hereto are true copies of the documents referred to and relied upon by me.
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.
Respondent

Place:

Date:
REGISTER OF APPEALS (O. 41, r.9.)
COURT (OR HIGH COURT) AT

DEPONENT
Appellant

VERIFICATION

I, ………………………. do hereby declare that the statements made above are true to my
knowledge.
Verified at [place] on this [date]
No. 15

DEPONENT.]

1. Ins. by Act 28 of 2018, s. 18 (w.e.f. 23-10-2015).

333 334

STATE AMENDMENT THE SECOND SCHEDULE.—[Arbitration.] Rep. by the Arbitration Act, 1940 (10 of 1940),
s. 49 (1) and the Third Sch.
Jammu and Kashmir and Ladakh (UTs).—
After Appendix H, insert the following Appendix, namely:— THE THIRD SCHEDULE.—[Execution of Decrees by Collectors.] Rep by the Code of Civil
Procedure (Amendment) Act, 1956 (66 of 1956), s. 15.
APPENDIX-I
STATEMENT OF TRUTH THE FOURTH SCHEDULE.—[Enactments amended.] Rep. by the Repealing and Amending Act,
(Under First Schedule, Order VI- Rule 15A and Order XI- Rule 3) 1952 (48 of 1952), s. 2 and the First Sch.
I ----- the deponent do hereby solemnly affirm and declare as under: THE FIFTH SCHEDULE.—[Enactments repealed.] Rep. by the Second Repealing and Amending
1. I am the party in the above suit and competent to swear this affidavit. Act, 1914 (17 of 1914). s. 3 and the Second Sch.
2. I am sufficiently conversant with the facts of the case and have also examined all relevant
documents and records in relation thereto.
3. I say that the statements made in -----paragraphs are true to my knowledge and statements made
in -----paragraphs are based on information received which I believe to be correct and statements made
in ---paragraphs are based on legal advice.
4. I say that there is no false statement or concealment of any material fact, document or record and I
have included information that is according to me, relevant for the present suit.
5. I say that all documents in my power, possession, control or custody, pertaining to the facts and
circumstances of the proceedings initiated by me have been disclosed and copies thereof annexed with the
plaint, and that I do not have any other documents in my power, possession, control or custody.
6. I say that the above-mentioned pleading comprises of a total of ----- pages, each of which has been
duly signed by me.
7. I state that the Annexures hereto are true copies of the documents referred to and relied upon by me.
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)].

335 336
 ANNEXURE (k) the provisions of section 92 of the principal Act, as amended by section 31 of this Act, shall
not apply to or affect any suit, appeal or proceeding instituted or filed before the commencement of
THE CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 1976
the said section 31; and every such suit, appeal or proceeding shall be disposed of as if the said
(104 OF 1976) section 31 had not come into force;
* * * * * (1) the provisions of section 96 of the principal Act, as amended by section 33 of this Act, shall not
CHAPTER V apply to or affect any appeal against the decree passed in any suit instituted before the commencement
REPEAL AND SAVINGS of the said section 33; and every such appeal shall be dealt with as if the said section 33 had not come
97. Repeal and savings.—(1) Any amendment made, or any provision inserted in the principal Act by into force;
State Legislature or a High Court before the commencement of this Act shall except in so far as such (m) the provisions of section 100 of the principal Act, as substituted by section 37 of this Act,
amendment or provision is consistent with the provisions of the principal Act as amended by this Act, stand shall not apply to or affect any appeal from an appellate decree or order which had been admitted;
repealed. before the commencement of the said section 37, after hearing under rule 11 of Order XLI; and every
(2) Notwithstanding that the provisions of this Act have come into force or the repeal under such admitted appeal shall be dealt with as if the said section 37 had not come into force;
sub-section (1) has taken effect, and without prejudice to the generality of the provisions of section 6 of (n) section 100A, as inserted in the principal Act, by section 38 of this Act, shall not apply to or
the General Clauses Act, 1897 (10 of 1897),— affect any appeal against the decision of a single Judge of a High Court under any Letters Patent
(a) the amendment made to clause (2) of section 2 of the principal Act by section 3 of this Act which had been admitted before the commencement of the said section 38; and every such admitted
shall not affect any appeal against the determination of any such question as is referred to in appeal shall be disposed of as if the said section 38 had not come into force;
section 47 and every such appeal shall be dealt with as if the said section 3 had not come into force; (o) the amendment of section 115 of the principal Act, by section 43 of this Act, shall not apply
(b) the provisions of section 20 of the principal Act, as amended by section 7 of this Act, shall not to or affect any proceeding for revision which had been admitted, after preliminary hearing, before
apply to or affect any suit pending immediately before the commencement of the said section; and the commencement of the said section 43; and every such proceeding for revision shall be disposed
every such suit shall be tried as if the said section 7 had not come into force; of as if the said section 43 had not come into force;

(c) the provisions of section 21 of the principal Act, as amended by section 8 of this Act, shall not (p) the provisions of section 141 of the principal Act, as amended by section 47 of this Act, shall
apply to or affect any suit pending immediately before the commencement of the said section 8; and not apply to or affect any proceeding which is pending immediately before the commencement of the
every such suit shall be tried as if the said section 8 had not come into force; said section 47; and every such proceeding shall be dealt with as if the said section 47 had not come
into force;
(d) the provisions of section 25 of the principal Act, as substituted by section 11 of this Act, shall
not apply to or affect any suit, appeal or other proceeding wherein any report has been made under (q) the provisions of rules 31, 32, 48A, 57 to 59, 90 and 97 to 103 of Order XXI of the First
the provisions of section 25 before the commencement of the said section 11; and every such suit, Schedule as amended or, as the case may be, substituted or inserted by section 72 of this Act shall
appeal or other proceeding shall be dealt with as if the said section11 had not come into force; not apply to or affect—

(e) the provisions of section 34 of the principal Act, as amended by section 13 of this Act, shall not (i) any attachment subsisting immediately before the commencement of the said section 72,
affect the rate at which interest may be allowed on a decree in any suit instituted before the or
commencement of the said section 13 and interest on a decree passed in such suit shall be ordered in (ii) any suit instituted before such commencement under rule 63 aforesaid to establish right
accordance with the provisions of section 34 as they stood before the commencement of the said to attached property or under rule 103 aforesaid to establish possession, or
section 13 as if the said section 13 had not come into force;
(iii) any proceeding to set aside the sale of any immovable property,
(f) the provisions of section 35A of the principal Act, as amended by section 14 of this Act, shall
and every such attachment, suit or proceeding shall be continued as if the said section 72 had not come
not apply to or affect any proceedings for revision, pending immediately before the commencement of
into force;
the said section 14 and every such proceedings shall be dealt with and disposed of as if the said section
14 had not come into force; (r) the provisions of rule 4 of Order XXII of the First Schedule, as substituted by section 73 of this
Act shall not apply to any order of abatement made before the commencement of the said section 73;
(g) the provisions of section 60 of the principal Act, as amended by section 23 of this Act, shall
not apply to any attachment made before the commencement of the said section 23; (s) the amendment, as well as substitution made in Order XXIII of the First Schedule by
section 74 of this Act shall not apply to any suit or proceeding pending before the commencement of
(h) the amendment of section 80 of the principal Act by section 27 of this Act shall not apply to
the said section 74;
or affect any suit instituted before the commencement of the said section 27; and every such suit shall
be dealt with as if section 80 had not been amended by the said section 27; (t) the provisions of rules 5A and 5B of Order XXVII, as inserted by section 76 of this Act, shall
not apply to any suit, pending immediately before the commencement of the said section 76; against
(i) the provisions of section 82 of the principal Act, as amended by section 28 of this Act, shall not
the Government or any public officer; and every such suit shall be dealt with as if the said section 76
apply to or affect any decree passed against the Union of India or a State or, as the case may be, a public
had not come into force;
officer, before the commencement of the said section 28 or to the execution of any such decree; and
every such decree or execution shall be dealt with as if the said section 28 had not come into force; (u) the provisions of rules 1A, 2A and 3 of Order XXVIIA, as inserted or substituted, as the case
may be, by section 77 of this Act shall not apply to or affect any suit which is pending before the
(j) the provisions of section 91 of the principal Act, as amended by section 30 of this Act, shall
commencement of the said section 77;
not apply to or affect any suit, appeal or proceeding instituted or filed before the commencement of
the said section 30; and every such suit, appeal or proceeding shall be disposed of as if the said
section 30 had not come into force;

337 338

(v) rules 2A, 3A and 15 of Order XXXII of the First Schedule, as amended, or as the case may be, substituted
by section 79 of this Act, shall not apply to a suit pending at the commencement of the said section 79 and every
such suit shall be dealt with and disposed of as if the said section 79 had not come into force;
(w) the provisions of Order XXXIII of the First Schedule, as amended by section 81 of this Act, shall not apply
to or affect any suit or proceeding pending before the commencement of the said section 81 for permission to sue as
a pauper; and every such suit or proceeding shall be dealt with and disposed of as if the said section 81 had not come
into force;
(x) the provisions of Order XXXVII of the First Schedule, as amended by section 84 of this Act, shall not
apply to any suit pending before the commencement of the said section 84, and every such suit shall be dealt with
and disposed of as if the said section 84 had not come into force;
(y) the provisions of Order XXXIX of the First Schedule, as amended by section 86 of this Act, shall not
apply to or affect any injunction subsisting immediately before the commencement of the said section 86; and
every such injunction and proceeding for dis-obedience of such injunction shall be dealt with as if the said
section 81 had not come into force;
(z) the provisions of Order XLI of the First Schedule, as amended by section 87 of this Act, shall not apply to or
affect any appeal pending immediately before the commencement of the said section 87; and every such appeal
shall be disposed of as if the said section 87 had not come into force:
(za) the provisions of Order XLII of the First Schedule, as amended by section 88 of this Act, shall not apply
to or affect any appeal from an appellate decree or order which had been admitted, before the commencement of
the said section 88 after hearing under rule 11 of Order XLI; and every such admitted appeal shall be dealt with as
if the said section 88 had not come into force;
(zb) the provisions of Order XLIII of the First Schedule, as amended by section 89 of this Act, shall not apply to
any appeal against any order pending immediately before the commencement of the said section 89; and every such
appeal shall be disposed of as if the said section 89 had not come into force;
(3) Save as otherwise provided in sub-section (2), the provisions of the principal Act, as amended by this Act,
shall apply to every suit, proceedings, appeal or application, pending at the commencement of this Act or instituted or
filed after such commencement, notwithstanding the fact that the right, or cause of action, in pursuance of which such
suit, proceeding, appeal or application is instituted or filed, had been acquired or had accrued before such
commencement.
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