Civil Procedure Code 1908 – 3rd Page

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Civil Procedure Code 1908 – 1st Page
Civil Procedure Code 1908 – 2nd Page
Civil Procedure Code 1908 – 3rd Page

Affidavit of Assets to be made by a Judgment-debtor

Order XXI, Rule 41(2)]

In the Court of A.B……… …………………………. Decree-holder.

vs.

C…….. ………………………….. Judgment-debtor.

I………………….. of …………………..

State on = oath / solemn affirmation as follows:-

1. My full name is ……………………………………….. (Block Capitals)

2. I live at

*3.1 am married/single/widower (widow)/divorced

4. The following persons are dependant upon me:-

5. My employment, trade or profession is that of carried on by me at I am a director of the following companies:-

6. My present annual/monthly/weekly income, after paying income-tax, is as follows:-

(a) From my employment, trade or profession Rs………….

(b) From other sources Rs…………

*7. (a) I own the house in which I live; its value is Rs.

I pay as outgoings by way of rates, mortgage, interest, etc., the annual sum of Rs.

(b) I pay as rent the annual sum of Rs……..

8.I possess the following:-

(a) Banking accounts;(b) Stocks and shares;(c) Life and endowment

(d) House property;

(e) Other property;

(f) Other securities;Give particulars.

9. The following debts are due to me:-

(give particulars)

(a) Form ……. of ………………………

Rs.

(b) From …….of ………………………

Rs……. .(etc.)

Sworn before me, etc.]

1. Ins. by Act 104 of 1976 (w.e.f. 1.2.1977).

Strike off the words which are not applicable.

No. 17

Attachment in Execution Prohibitory Order, where the Property Consists of Debts Not Secured by Negotiable Instruments

(O. 21.R.46)

(Title)

To

Whereas…….has failed to satisfy a decree passed against ……… on the …….. . day of……… 19…, in Suit No. ……… of 19…….. in favour of until the further order of this Court, from receiving from you a certain debt alleged now to be due from you to the said defendant, namely,……… and that you, the said……… be, and you are hereby, prohibited and 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.

Given under my hand and the seal of the Court, this ……… day of 19 …

Judge.

No. 18

Attachment in Execution Prohibitory Order, where the Property Consists of Shares in the Capital of a Corporation

(O. 21.R.46)

(Title)

To

Defendant and to………. Secretary of Corporation

Whereas … had failed to satisfy a decree passed against… on the … day of… 19 …, in Suit No. ……… of 19 …… in favour of. . ., for Rs. ….; It is ordered that you, the defendant, be, and you are hereby, prohibited and restrained, until the further order of the Court, from making any transfer of…. shares in the aforesaid corporation, namely,…. or from receiving payment of any dividends thereon; and you,.. . , the Secretary of the said Corporation, are hereby prohibited and restrained from permitting any such transfer or making any such payment.

Given under my hand and the seal of the Court, this ….. day of …….. 19…..

Judge.

No. 19

Order to Attach Salary of Public Officer or Servant of Railway Company or Local Authority

(O. 21.R.48)

(Title) To

Whereas………, judgment-debtor in the above-named case, is a (describe officer of judgment-debtor) receiving his salary (or allowances) at your hands; and whereas ………. decree-holder in the said case, has applied in this Court for the attachment of the salary (or allowances) of the said …….. to the extent of …….. due to him under the decree; You are hereby required to withhold the said sum of. ……… from the salary of the said ……… in monthly instalments of …….. and to remit the said sum (or monthly instalments) to this Court.

Given under my hand and the seal of the Court; this ……… day of….. 19…

Judge.

No. 20

Order of Attachment of Negotiable Instrument

(O. 21, R.51)

(Title)

To

The Bailiff of the Court. Whereas an order has been passed by this Court on the ….. day of……… 19 …, for the attachment of …; You are hereby directed to seize the said……… and bring the same into Court.

Given under my hand and the seal of the Court, this ……… day of……… 19…

Judge.

HIGH COURT AMENDMENT

Kerala.-In Appendix E, in Form No. 20, for the word “Bailiff”, substitute the word “Amin”. (w.e.f. 9-6-1959)

No. 21

Prohibitory Order, where the Property Consists of Money or of any Security in the Custody of a Court of Justice or Public Officer

(O. 21, R. 52).

(Title)

To

Sir,

The plaintiff having applied, under Rule 52 of Order XXI of the Code of Civil Procedure, 1908, for an attachment of certain money now in your hands (here state how the money is supposed to be in the hands of the person addressed, on what account, etc.), I request thai you will hold the said money subject to the further order of this Court.

I have the honour to be,

Sir

Your most obedient Servant.

Judge.

Dated the ……… day of……… 19…

No. 22

Notice of Attachment of a Decree to the Court which Passed it

(O. 21, R. 52.)

(Title)

To

The Judge of the Court of

] Sir,

I have the honour to inform you that the decree obtained in your Court on the ……..day of……… 19… by ……… in Suit No. ……… of 19…, in which he 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 execution of the decree of your Court until you receive an intimation from this Court that the present notice has been cancelled or until execution of the said decree is applied for by the holder o the decree now sought to be executed or by his judgment-debtor.

I have the honour, etc.

Judge

Dated the ……… day of… 19…

No. 23

Notice of Attachment of a Decree to the Holder of the Decree

(O. 21, R. 53)

(Title)

To

Whereas an application has been made in this Court by the decree-holder in the above suit for the attachment of a decree obtained by you on the ……… day of…….. 19…, in the Court of……… in Suit No. … …. of 19 …. in which ……… was………and……… was ……… It is ordered that you, the said ……. be, and you are hereby, prohibited and restrained, until the further order of this Court, from transferring or charging the same in any way.

Given under my hand and the seal of the Court, this……… day of……… 19…

Judge.

No. 24

Attachment in Execution Prohibitory Order, Where the Property Consists of Immovable Property

(O. 21, R. 54)

(Title)

To

………………………………….. Defendant

Whereas you have failed to satisfy a decree passed against you on the ……… day of. …….. 19….., in Suit No……. of 19…, in favour of……….for Rs.,…..; It is ordered that you, the said………. be, and you are hereby, prohibited and restrained, until the further order of the Court, from transferring or charging the property specified in the schedule hereunto annexed, by sale, gift or otherwise, and that all person be, and that they are hereby, prohibited from receiving the same by purchase, gift or otherwise.

1 [fit is also ordered that you should attend Court on the ……… day of……… 19.. to take notice of the date fixed for setting the terms of the proclamation of sale.]

Given under my hand and the seal of the Court, this……… day of……. 19……

Schedule

Judge.

1. Ins. by Act No. 104 of 1976 (w.e.f. 1.2.1977).

No. 25

Order for Payment to the Plaintiff, etc., of Money, etc., in the Hands of a Third Party

(O. 21, R. 56)

(Title)

To

Whereas the following property ……… has been attached in execution of a decree in Suit No………. of……… 19 …, passed on the ……… day of……… 19…in favour of ……… for Rs. ………. It is ordered that the property so attached, consisting of Rs. ……… in money and Rs. ……… in currency-notes, or a sufficient part thereof to satisfy the said decree, shall be paid over by you, the said ……… to

Given under my hand and the seal of the Court, this …. day of…. 19 …

Judge.

No. 26

Notice to Attaching Creditor

(O.21.R.58)

(Title)

To

Whereas ……… has made application to this Court for the removal of attachment on ……..placed at your instance in execution of the decree in Suit No………. of……… 19…, this is to give you notice to appear before this Court on ………. the ………day of……… 19…. either in person or by a pleader of the Court duly instructed to support your claim, as attaching creditor.

Given under my hand and the seal of the Court, this ……… day of……… 19…

Judge.

No. 27

Warrant of Sale of Property in Execution of a Decree for Money

(O. 21, R. 66)

(Title)

To

The Bailiff of the Court.

These are to command you to sell by auction, after giving……… days’ previous notice, by affixing the same in this Court-house, and after making due proclamation, the …….. .. property attached under a warrant from this Court, dated the …….. day of. . . 19…,in execution of a decree in favour of ……… in Suit No. ……… of 19 …, or so much of the said property as shall realize the sum of Rs. …… being the ….. of the said decree and costs still remaining unsatisfied.

You are further commanded to return this warrant on or before the ……… day of….19…, with an endorsement certifying the manner in which it has been executed, or the reason why it has not been executed.

Given under my hand and the seal of the Court, this ……… day of……… 19 …

Judge.

HIGH COURT AMENDMENTS

Kerala.-In Appendix E, in Form 27, for the word “Bailiff, substitute the word “Amin”. (w.e.f. 9-6-1959)

Madras.-In Appendix E, re-number Form No. 27 as Form No. 28 and insert the following Form, namely:-

“No. 27
NOTICE OF SALE
(O. XXI, r. 64)
(Title)

To………………………………………………………………………………………… Judgment-debtor.

WHEREAS in the above-named suit…………….. the decree-holder has applied for the sale of ……………. you are hereby informed that the …………. day of ………… 19…./20…., has been fixed for settling the terms of proclamation of sale.

Given under my hand and the seal of the Court this ………………. day of ……… 19…./20….

Judge.”

No. 28

Notice of the Day Fixed for Setting a Sale Proclamation

(O. 21, R. 66)

(Title)

To

Judgment-debtor.

Whereas in the above-named suit………. the decree-holder, has applied for the sale of………; you are hereby informed ……… that the ……… day of…….. 19 …., has been affixed for setting the terms of the proclamation of sale.

Given under my hand and the seal of the Court, this ……… day of……… 19….

Judge.

HIGH COURT AMENDMENT

Madras.-In Appendix E, renumber Form No. 28, as Form No. 28A.

No. 29

Proclamation of Sale

(O.21.R.66)

(Title)

(1) Suit No….. of 19…, 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 the annexed schedule, in satisfaction of the claim of the decree-holder in the suit (1) mentioned in the margin, amounting with costs and interest up to date of sale lo the sum of….

The sale will be by public auction, and the property will be put up for sale in the lots specified in the schedule. The sale will be of the property of the judgment-debtors above-named as mentioned in the 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.

In the absence of any order of postponement, the sale will be held by ……… at the monthly sale commencing at……… o’clock on the ……… at……… In the event, however, of the 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.

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 them be valid without the express permission of the Court previously given. The following are further:

Conditions of sale

1. The particulars specified in the schedule below have been stated to the best of the information of the Court, but the Court will not be answerable for any error, mis-statement or omission in this proclamation.

2. The amount by which the biddings are to be increased shall be determined by the officer 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.

3. The highest bidder shall be declared to be the purchaser of any lot, provided always that he is legally qualified to bid, and provided that it shall be in the discretion of the Court or officer holding the sale to decline acceptance of the highest bid when the price offered appears so clearly inadequate as to make it advisable to do so.

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.

5. In the case of movable property, the price of each lot shall be paid at the time of sale or as soon after as the officer holding the sale directs, and in default of payment the property shall forthwith be again put up and re-sold.

6. In the case of immovable property, the person declared to be the purchaser shall pay immediately after such declaration a deposit of 25 per cent, on the amount of his purchaser-money to the officer conducting the sale, and in default of such deposit the property and 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 fifteenth day after the sale of the property, exclusive of such day, or if the fifteenth day be a Sunday or other holiday, then on the first office day after the fifteenth day.

8. In default of payment of the balance of purchase-money within the period allowed, the property shall be re-sold after the issue of a fresh notification of sale. The deposit, after defraying the expenses of the sale, may, if the Court thinks fit, be forfeited to Government and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may be subsequently sold.

Given under my hand and the seal of the Court, this……… day of…….. 19….

Judge.

Schedule of Property

1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).

HIGH COURT AMENDMENTS

Allahabad.-In Appendix E, in Form 29, in the paragraph above the sub-heading “Conditions of sale” omit the words “No bid by, or on behalf of, the judgment-creditors above-mentioned, however, will be accepted, nor will sale to them be valid without the express permission of the Court previously given”, {w.e.f. 29-1-1927).

Andhra Pracfesh.-Same as in Madras.

Kerala.-Same as in Madras, (w.e.f. 9-6-1959)

Madras.-In Appendix E, in Form No. 29, at the end, insert the following Note, namely:-

“Note.-

The title-deeds relating to the property have not been filed in Court, and the purchaser will take the property subject to the risk of there being mortgages by deposit of title-deeds, or mortgages not disclosed in the encumbrance certificate.”

No. 30

Order on the Nazir for Causing Service of Proclamation of Sale

(O. 21, R. 66)

(Title)

To

The Nazir of the Court.

Whereas an order has been made for the sale of the property of the judgment-debtor specified in the schedule hereunder annexed, and whereas the …. day of….. 19…, has been fixed for the sale of the said property,…. copies of the proclamation of sale are by this warrant made over to you, and you are hereby ordered to have the proclamation published by beat of drum within each of the properties specified in the said schedule, to affix a copy of the said proclamation on a conspicuous part of each of the said properties and afterwards on the Court-house, and then to submit to this Court a report showing the dates on which and the manner in which the proclamations have been published. Dated the…… day of…… . 19…

Schedule

Judge.

No. 31

Certificate by Officer Holding a Sale of the Deficiency of Price on a Re-sale of Property by Reason of the Purchaser’s Default

(O. 21, R. 71)

(Title)

Certified that at the re-sale of the property in execution of the decree in the above-named suit, in consequence of default on the part of……….. purchase, 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 ……… 19…

Officer 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 . . ….. 19 …,

Judge.

No. 33

Prohibitory Order against Payment of Debts Sold in Execution to any Other than the Purchaser

(O. 21, R. 79)

(Title)

To…….and to ………

Whereas …… has become the purchaser at a public sale in execution of the decree in the above suit of… being debts due from you …. to you …..; It is ordered that you ……. be, and you are hereby, prohibited from receiving, and you .. …. from making payment of, the said debt to any person of or person except the said…..

Given under my hand and the seal of the Court, this .. ……. day of……… 19

Judge.

No. 34

Prohibitory Order against the Transfer of Share Sold in Execution

(O.21.R.79)

(Title)

To

……… and……………. Secretary of ……………………… Corporation.

Whereas ……… has become the purchaser at a public sale in execution of the decree, in the above suit, of certain shares in the above Corporation, that is to say, of……… standing in the name of you ………; It is ordered that you ……… be, and you are hereby, prohibited from making any transfer of the said shares to any person except the said ………. the purchaser aforesaid, or from receiving any dividends thereon; and you ….. . . . .

Secretary of the said Corporation, from permitting any such transfer or making any such payment to any person except the said ………. the purchaser aforesaid.

Given under my hand and the seal of the Court, this ……… day of…….. 19 ….

Judge.

No. 35

Certificate to Judgment-debtor Authorising him to Mortgage Lease or Sell Property

(O. 21, R. 83)

(Title)

Whereas in execution of the decree passed in the above suit an order was made on the .. ……. day of……… 19…, for the sale of the under-mentioned property of the judgment-debtor ………. and whereas the Court has, on the application of the said judgment-debtor, postponed the said sale to enable him to raise the amount of the decree by mortgage, lease or private sale of the said property or of some part thereof:

This is to certify that the Court doth hereby authorize the said judgment-debtor to make the proposed mortgage, lease or sale within a period of……… from the date of this certificate; provided that all monies payable under such mortgage, lease or sale be paid into this Court and not to the said judgment-debtor.

Description of property Given under my hand and the seal of the Court, this ……… day of……… 19….

Description of property

Judge.

No. 36

Notice to Show Cause Why Sale should not be Set Aside

(O. 21, R. 90, 92)

(Title)

To

Whereas the under-mentioned property was sold on the …… day of……… 19 ….in execution of the decree passed in the above named suit, and whereas………. the decree-holder [or judgement-debtor], has applied to this Court to set aside the sale of the said property on the ground of a material irregularity [or fraud] in publishing [or conducting] the sale, namely, that ………

Take notice that if you have any cause to show why the said application should not be granted, you should appear with your proofs in this Court on the……… day of……..19 …, when the said application will be heard and determined.

Given under my hand and the seal of the Court, this ……… day of……… 19 …

Description of property

Judge.

No. 37

Notice to Show Cause Why Sale should not be Set Aside

(O. 21, R. 91, 92)

(Title)

To

Whereas………. the purchaser of the under-mentioned property sold on …….. the day of……… 19…, in execution of the decree passed in the above-named suit, has applied to this Court to set aside the sale of the said property on the ground that………. the judgment-debtor, had no saleable interest therein.

Take notice that if you have any cause, to show why the said application should not be granted, you should appear with your proofs in this Court on the ……… day of……… 19 …., when the said application will be heard and determiend.

Given under my hand and the seal of the Court, this ……… day of……… 19 …

Description of property

Judge.

No. 38

Certificate of Sale of Land

(O.21.R.94)

(Title)

This is to certify that ….. has been declared the purchaser at a sale by public auction on the …… day of….. 19…, of…. in execution of decree in this suit, and that the said sale has been duly confirmed by this Court.

Given under my hand and the seal of the Court, this ……… day of……… 19….

Judge.

HIGH COURT AMENDMENTS

Allahabad.-In Appendix E, in Form No. 38, in the heading, for the word “LAND” substitute the words “IMMOVABLE PROPERTY”.

Bombay.-In Appendix E, for Form No. 38, substitute the following Form, namely :-

“No. 38
CERTIFICATE OF SALE OF LAND
(O. XXI, r. 94)
(Title)

This is to certify that ……………. has been declared the purchaser for Rs…………….. at a sale by public auction on the ……… day of ………. 19…./20…., of ……….. in execution of decree in this suit, and that the said sale has been duly confirmed by this Court.

Given under my hand and the seal of the Court, this………. day of……… 19…./20…. . Judge”.

[Vide PO/102/77, dated 15th September, 1983 (w.e.f. 1-10-1983).]

Kerala.-In Appendix E, in Form No. 38, at the end, insert the following:-

“SCHEDULE

(w.e.f. 9-64959)

Madhya Pradesh.-In Appendix E, in Form No. 38, between the words “the purchaser” and “at a sale”, insert the words “For Rs. ……………”.

Orissa.-Same as in Patna.

Patna.-In Appendix E, for Form No. 38, substitute the following Form, namely :-

“No. 38
CERTIFICATE OF SALE OF LAND
(O. XXI, r. 94)

District……………………………………………………………………..

In the Court of………………….. at ………………………………Execution of case No. ………………. of ………… 19…./20…. .

…………………………………………………………………. Decree-holder

Versus

…………………………………………………………………. Judgment debtor

This is to certify that…………… son of …………… by caste …………… by occupation …… resident of Thana ………………… District…………………….. has been declared the purchaser at a sale by public auction on the ……………………. day of ……………… 19…./20…….., of the property specified below in execution of the decree in Suit No. ………….. of this Court and that the said sale has been duly confirmed this Court.

Given under my hand and the seal of the Court, this ………………. day of …………… 19…./20…..

Specification and price of properties

Judge”.

No. 39

Order for Delivery to Certified Purchaser of Land at a Sale in Execution

(O.21.R.95)

(Title)

To

The Bailiff of the Court,

Whereas ……………… has become the certified purchaser……. of……. at a sale in execution of decree in Suit No. ……… of……… 19…; You are hereby ordered to put the said………. the certified purchaser, as aforesaid, in possession of the same.

Given under my hand and the seal of the Court, this ……… day of……… 19…

Judge.

HIGH COURT AMENDMENTS

Andhra Pradesh.-Same as in Madras.

Kerala-In Appendix E, in Form No. 39, for the word “Bailiff”, substitute the word “Amin”. (w.e.f. 9-6-1959)

Madras.-In Appendix E, in Form No. 39, substitute the following Form, namely:-

“No. 39
ORDER FOR DELIVERY TO CERTIFIED PURCHASER OF LAND AT A SALE IN EXECUTION

(O. XXI, r. 95)
(Title)

To

The Bailiff of the Court.

Whereas ………….. has become the certified purchaser of …………… at a sale in execution of decree in Suit No. …………… of …………. 19,…/20..,., you are hereby ordered to put the …………… said ………. the certified purchaser as aforesaid, in possession of the same; and you are hereby further required to state in your return whether there are crops on the land and whether you have delivered them to ……………… the certified purchaser.

Given under my hand and the seal of the Court this …………… day of …………… 19….720….

Judge”.

No. 40

Summons to Appear and Answer Charge of Obstructing Execution of Decree

(O. 21, R. 97)

(Title)

To

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… … 19…..,at…. a.m., to answer the said complaint.

Given under my hand and the seal of the Court, this . . . day of ……… 19. ..

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 he 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 …… 19 …

Judge.

No. 42

Authority of the Collector to Stay Public Sale of Land

(Section 72)

(Title)

To

Collector of……………………………….

Sir,

In answer to your communication No. ……… dated ……… representing that the sale in execution of the decree in this suit of……………… land situate within your district is objectionable, I have the honour to inform you that you are authorised to make provision for the satisfaction of the said decree in the manner recommended by you.

I have the honour to be,

Sir,

Your obedient servant

Judge.

HIGH COURT AMENDMENTS

Allahabad.-In Appendix E, after Form No. 42, insert the following Form, namely:-

“No. 43

The security to be furnished under section 55 (4) shall be, as nearly as may be, by a bond in the following form:

In the Court of………….. at ………………. Suit No ……….. of …………… 19…./20….

A.B. of…………………………………………………………………………………………..

Plaintiff

against

C. D. of ……………………………………………………………………………………..

Defendant.

Whereas in execution of the decree in the suit aforesaid the said C. D. has been arrested, under a warrant and brought before the Court of ……. and whereas the said C. D. has applied for his discharge on the ground that he undertakes within one month to apply under section 5 of Act No. III of 1907, to be declared an insolvent and the said Court has ordered that the said C. D. shall be released from custody if the said C. D. furnished good and sufficient security in the sum of Rs …………… that he will appear when called upon and that he will, within one month from this date apply under section 5 of Act III of 1907 to be declared an insolvent.

Therefore, 1. E. F. inhabitant of …………have voluntarily become security, and do hereby bind myself, my heirs, and executors to………………as Judge of the said Court and his successors-in office that the said C D. will appear at any time when called upon by the said Court, and will apply in the manner and within the time here-in-before set forth, and in default of such appearance or of such application, I bind myself, may heirs and executors, to pay to the said Court on its order, the sum of Rs ……………..

Witness my hand at this …………………. day of ………………… 19…./20…. . -^r^Q ^n’t

Witnesses:

APPENDIX. APPENDIX F

APPENDIX F

SUPPLEMENTAL PROCEEDINGS

No. 1
Warrant of Arrest before Judgment
(O. 38, R. 1)
(Title)

To

The Bailiff of the Court. Whereas ………. the plaintiff in the above suit, claims the sum of Rs………. as noted in the margin, and has proved to the satisfaction of the Court that there is probable cause for believing that the defendant is about to ……. These are to command you to demand and receive from the said…….. the sum of Rs……. As sufficient to satisfy the plaintiff’s claim, and unless the said sum of Rs………… is forthwith delivered to you by or on behalf of the said……… to take the said……….. into custody, and to bring him before this Court in order that he may show cause why he should not furnish security to the amount of Rs…… for his personal appearance before the Court, until such time as the said suit shall be fully and finally disposed of, and until satisfaction of any decree that may be passed against him in the suit.

Principal
Interest
Costs
Total

Given under my hand and the seal of the Court, this…….. day of ……… 19….

Judge.

HIGH COURT AMENDMENT

Kerala.-In Appendix F, in Form No. 1, for the word “Bailiff”, substitute the word “Amin”. (w.e.f. 9-6-1959)

No. 2

Security for Appearance of a Defendant Arrested before Judgment (O. 38, R. 2)

(Title)

Whereas at the instance of………. the plaintiff in the above suit, the defendant, has been arrested and brought before the Court; And whereas on the failure of the said defendant to show cause why he should not furnish i security for his appearance, the Court has ordered him to furnish such security: Therefore I………… have voluntarily become surety and do hereby bind myself, my heirs and executors, to the said Court, that the said defendant shall appear at any time when called upon while the suit is pending and until satisfaction of any decree that may be passed against him in the said suit; and in default of such appearance I bind myself, my heirs and executors, to pay to the said Court, at its order, any sum of money that may be adjudged against the said defendant in the said suit. Witness my hand at……… this ……… day of ……… 19 … Witnesses. 1. 2.

(Signed)

No. 3

Summons to Defendant to Appear on Surety’s Application For Discharge (O. 38, R. 3)

(Title)

To Whereas ………. who became surety on the ……… day of……… 19… for your appearance in the above suit, has applied to this Court to be discharged from this obligation: You are hereby summoned to appear in this Court in person on the ……… day of … …… 19…, at ……… a.m., where the said application will be heard and determined. Given under my hand and the seal of the Court, this ……… day of……… 19… Judge. No. 4 Order For Committal (O. 38, R. 4) (Title) To Whereas ………. plaintiff in this suit, has made application to the Court that security be taken for the appearance of………. the defendant, to answer any judgment that may be passed 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 had failed to do; it is ordered that the said defendant ……… be committed to the civil prison until the decision of the suit; or, if judgment be pronounced against him, until satisfaction of the decree. Given under my hand and the seal of the Court, this …….. day of……… 19…. Judge

No. 5

Attachment before Judgment, with Order to Call for Security for Fulfilment of Decree (O. 38, R. 5)

(Title)

To The Bailiff of the Court. Whereas ……… has proved to the satisfaction of the Court that the defendant in the above suit………; ……………… These are to command you to call upon the said defendant……… on or before the …………. day of……… 19 ……… either to furnish security for the sum of rupees …….. to produce and place at the disposal of this Court when required ……… for the value thereof, or such portion of the value as may be sufficient to satisfy any decree that may be passed against him; or to appear and show cause why he should not furnish security; and you are further ordered to attach the said……… and keep the 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……… 19…, 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. Given under my hand and the seal of the Court, this……… day of……… 19…

Judge

HIGH COURT AMANDMENT

Kerala.-In Form No. 5, for the word “Bailiff”, substitute the word “Amin”.

(w.e.f. 9-6-1959).

No. 6 Security for the Production of Property (O. 38, R. 5)

(Title)

Whereas at the instance of………. the plaintiff in the above suit, ………. the defendant has been directed by the Court to furnish security in the sum of Rs………. to produce and place at the disposal of the Court the property specified in the schedule hereunto annexed; 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, 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 pay to the said Court, at its order; the said sum of Rs…. .of such sum not exceeding the said sum as the said Court may adjudge. Schedule Witness my hand at……… this day of ……… 19…

(Signed)

Witnesses.

1.

2.

No. 7 Attachment before Judgment, on Proof of Failure to Furnish Security (O. 38, R. 6)

(Title)

To The Bailiff of the Court. Whereas ………. the plaintiff in this suit, has applied to the Court to call upon …….. the defendant, to furnish security to fulfil any decree that may be passed against him in the suit, and whereas the Court has called upon the said ……… to furnish such security, which he has failed to do; these are to command you to attach ………. the property of the said ………. and keep the 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……… 19 ……… 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. Given under my hand and the seal of the Court, this ……… day of…….. 19….

Judge

HIGH COURT AMENDMENTS

Andhra Pradesh.-Same as in Madras.

Kerala.-(1) In Appendix F, in Form No. 7, for the word “Bailiff”, substitute the word “Amin”. (w.e.f. 9-6-1959).

(2) after Form No. 7, insert Form No. 7A as in Madras.

Madras.-In Appendix F, after Form No. 7, insert the following Form, namely:-

“No. 7A
Attachment of immovable property before judgment
(Title)

To ………………………………………………………

(Defendant) Whereas on the application of……… the plaintiff……… in this suit, the Court, called upon you, the defendant to furnish security to fulfil any decree that may be passed against you in the suit or to show cause why should not furnish such security …………… you have failed to show cause why you should not furnish such security/you have failed to furnish security required within the time fixed by the Court it is ordered that you, the said ……….. be, and you are, hereby prohibited and restrained until the further order of this Court from transferring or charging the properties described in the schedule hereto annexed by sale, gift, or otherwise, and that all persons be, and that they are hereby prohibited and restrained from receiving the same by purchase, gift or otherwise.

GIVEN under my hand and the seal of this Court this …………… day of …………… 19…./20….

Judge

Schedule

No. 8

Temporary Injunctions

(O. 39, R. 1)

(Title)

Upon motion made unto this Court by……… Pleader of [or Counsel for] the plaintiff A. B., and upon reading the petition of the said plaintiff in this matter filed [this day] [or the plaint filed in this suit on the .. ……… day of………. or the written statement of the said plaintiff filed on the…….. day of………] and upon hearing the evidence of…. ….. and……… in support thereof [if after notice and defendant not appearing: and, and also, the evidence of……… as to service of notice of this motion upon the defendant CD.]: This Court doth order that an injunction be awarded to restrain the defendant CD., 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 the plaintiff and evidence at the hearing of this motion mentioned], being No. 9, Oilmongers Street, Hindupur, in a Taluk of……… and from selling the materials whereof the said house is composed, until the hearing of this suit of until the further order of this Court.

Dated this……… day of……… 19….

Judge

[Where the injunction is sought to restrain the negotiation of a note or bill, the ordering part of the order may run thus:-]

……… to restrain the defendant……… and……… from parting without of the custody of them or any of them or endorsing, assigning or negotiating the promisory note [or bill of exchange] in question, dated on or about the ………, etc., mentioned in the plaintiff s plaint [or petition] and the evidence heard at this motion until the hearing of this suit, or until the further order of this Court.

[In Copy right cases]

……to restrain the defendant CD., his servants, agents or workmen, from printing, publishing or vending a book, called…… or any part thereof, until the, etc.

[Where part only of a book is to be restrained] … .to restrain the defendant CD., his servants, agents orworkmen, from printing, publishing, selling or otherwise disposing of such parts of the book in the plaint [or petition and evidence, etc.] mentioned 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 page…… to page …. both inclusive] until…… etc. [In Patent cases] ………

to restrain the defendant C. D., his agents, servants and workmen, from making or vending any perforated bricks [or as the case may be] upon the principle of the inventions in the plaintiff’s plaint [or petition, etc., or written statement, etc.,]

mentioned, belonging to the plaintiffs, or either of them, during the remainder of the respec-tive terms of the patents in the plaintiffs plaint [or as the case may be] mentioned, and from counterfeiting, imitating or resembling the same inventions or either of them, or making any addition thereto, or substraction therefrom, until the hearing, etc.

[In cases of Trade marks]

……… to restrain the defendant C.D., his servants, agents or workmen, from selling, or exposing for sale, or procuring to be sold, any composition or blacking [or as the case may be] described as or purporting to be blacking manufactured by the plaintiff A.B., in bottles having affixed thereto such labels as in the plaintiffs plaint [or petition, etc.] mentioned, or any other labels so contrived or expressed as, by colourable imitation or otherwise, to represent the composition or blacking sold by the defendant to be the same as the composition or blacking manufactured and sold by the plaintiffA.fi., and from using trade-cards so contrived or expressed as to represent that any composition or blacking sold or proposed to be sold by the defendant is the same as the composition or blacking manufactured or sold by the plaintiffA.fi., until the, etc.

[To restrain a partner from in any way interfering in the business]

to restrain the defendant CD., his agents, and servants, from entering into any contract, and from accepting, drawing, endorsing or negotiating any bill of exchange, note or written security in the name of the partnership firm of fi. and D., and from contracting any debt, buying and selling any goods, and from making or entering into any verbal or written promise, agreement or undertaking, and from doing, or causing to be done, any act, in the name or the credit of the said partnership-firm of B. and D., or whereby the said partnership-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.

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……… 19…, 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……… 19…

Judge

HIGH COURT AMENDMENTS

Andhra Pradesh.-Same as in Madras. Kerala.-Same as in Madras. Madras.-In Appendix F, for Form No. 9, substitute the following Form, namely:-

“No. 9

APPOINTMENT OF A RECEIVER

(O. XL, r. 1)

(Title)

To

WHEREAS it appears to the Court that in the above suit it is just and convenient to appoint a receiver of the properties specified below (or whereas the properties specified below have been attached in execution of a decree passed in the above suit on the …………… day of ……………19…./20…., in favour of ……..).

It is hereby ordered that A.B. be appointed (subject to his giving security to the satisfaction of the Court) the receiver of the said property and of the rents, issues and profits thereof under Order 40 of the Code of Civil Procedure, 1908, with all powers under the provisions of that Order except that he shall not without leave of the Court (1) grant lease for a term exceeding three years, or (2) institute suits in any Court except suits for rent, or (3} institute appeals in any Court (except from a decree in a rent suit) where the value of the appeal is over Rs. 1,000, or (4) expend on the repairs of any property in any period of two years more than half of the net annual rental of the property to be repaired, such rental being calculated at the amount at which the property to be required would be let when a fair state of repair, provided that such amount shall not exceed Rs. 100. And it is further ordered mat the parties’ Defendants to the above suit and all persons claiming under them do deliver up quiet possession of the properties, movable and immovable specified below together with all leases, agreements for lease kabuliats, account books, papers, memoranda and writings relating thereto the said receiver. And it is further ordered that the said receiver do take possession of the said property, movable and immovable and collect the rents, issues and profits of the said immovable property, and that the tenants and occupies do attorn and pay their rents in arrear and growing rents to the said receiver. And it is further ordered that the said receiver shall have power to bring and defend suit. In his own names and shall also have power to use the name of the plaintiffs and defendants where necessary. And it is further ordered that the receipt or receipts of the said receiver shall be a sufficient discharge for all such sum or sums of money or property as shall be paid or delivered to him as such receiver. And it is further ordered that the said receiver do, out of the first moneys to be received by him, pay the debts due from the said ……………and shall be entitled to retain in his hands the sum of Rs………………. for current expenses but subject thereto shall pay his net receipts, as soon as the same come to his hands into Court to the credit of the suit. He shall once in every ………………. months file his accounts and vouchers in Court, the first account to be filed on the day of and to be passed on the ……….day of………. He shall be entitled to the commission at the rate of Rs…………….. per cent, on the net amounts collected by him or to the sum of Rs……………… per month (or as the case may be) as his remuneration (for he shall act without any remuneration). And it is further ordered (where an additional officer establishment is required) that the said receiver shall be allowed to charge to the estate in addition to his own office establishment the following further establishment: (Here enter specification of the property).

GIVEN under my hand and the seal of the Court………… this …………… day of…….. 19…./20…,

Judge”.

No. 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 be 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……… 19…

Whereas a plaint has been filed in this Court by……… against……… for the purpose of [here insert the object of suit]: And whereas the said ……… has been appointed, by order of the above-mentioned Court, to recei ve the rents and profits of the immovable property and to get in the outstanding movable property of…………..in the said plaint named:………….. 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 the immovable property, and in respect of the mov- able property, of the said ……… at such periods as the said Court shall appoint, and shall duly pay the balances which shall from time to time be certified to be due from him as the said Court hath directed or shall hereafter direct, then this obligation shall be void, otherwise it shall remain in full force. Signed and delivered by the above-bounden in the presence of………….

Note.-If deposit of money is made, the memorandum thereof should follow the terms and the condition of the bond.

HIGH COURT AMENDMENTS

Andhra Pradesh.-Same as in Madras. Allahabad.-In Appendix F, after Form No. 10, insert the following Forms, namely:- “

No. 11

The security to be furnished under Order XXXVIII,

rule 9, shall be as nearly as may be, by a bond in the following form:- In the Court of ………………… at ……………. Suit No………………… of…………… 19…./20…. ……………………………………………Plaintiff.

versus ………………………………………….. Defendant

Amount of suit, Rupees………

Whereas in the suit above specified the plaintiff aforesaid has applied to the said Court that the said defendant ……….may be called on to furnish sufficient security to fulfil any decree that may be passed against him in the said suit, or that on his failure so to do, certain property of the said defendant …………… may be attached: And, whereas, on the failure of the said defendants …………………. to furnish such security, or, show cause why it should not be furnished the property aforesaid of the said defendant, …………. has been attached by order of the said Court:

Therefore, I, ………………. inhabitant of …………….. have voluntarily become security and hereby bind myself, my heirs and executors, to ……………….. as Judge of the Court, and his successors in office, that the said defendant …………………. shall produce and place at the disposal of the said Court, when required, the property herein below specified, namely (here give description of property of refer to an annexed Schedule), or the value of the same, or such portion thereof as may be sufficient to fulfil such decree and shall when required pay the costs of the attachment, and in a default of his so doing. I bind myself, my heirs and executors to pay to …………….. as Judge of the said Court and his successors in office on its order, such sum to the extent of rupees (here enter a sufficient sum to cover the amount of suit, with costs and the costs of the attachment) as the said Court may adjudge against the said defendant. Witness may hand at ……………… this …………….. day of ………….. 19…./20…. .

(Signed)

(Surety)

Witness:

No. 12

The security to be furnished under Order XXXIX, r. 2 (2) shall be, as far as may be, by a bond in the following form:- In the Court of…………….. at……………….. Suit No. ………………………… of…………….19…../20…. ……………………………………………..Plaintiff. Versus

………………………………………………Defendant.

Whereas in the suit above specified, instituted by the said plaintiff………………….. to restrain the said defendant ……………………. from (here state the breach of contract or other injury), the said Court, has on the application of the said plaintiff ……………….. granted an injunction to restrain the said defendant from the repetition (or the continuance) of the said breach of contract (for the wrongful act complained of) and required security from the said defendant against such repetition (or continuance):

Therefore, I,…………………….. inhabitant of …………….. have voluntarily become security and do hereby bind myself, my heirs and executors to ……………………. as Judge of the said Court and his successors in office that the said defendant ……………… shall abstain from the repetition (or continuance) of the breach of contract aforesaid (or wrongful act, or from the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating to the same property or right), and in default of his so abstaining. I bind myself, my heirs and executors to pay into Court, on the order of the Court such sum to the extent of rupees as the Court shall adjudge against the said defendant.

Witness my hand at ………………… this ……………….. day of ……………………… 19…./20…. .

(Signed)

(Surety)

(w.e.f. 22-5-1915)

Witness:

Kerala.-Same as in Madras (ii).

Madras.-(i) In Appendix F, in Form No. 10, for the space and words “………or his successor in office for the time being” substitute the word “Court”.

(ii) after Form No 10, insert the following Form, namely:-

“No. 11

BOND TO BE GIVEN BY RECEIVER WHERE IMMOVABLE PROPERTY IS OFFERED AS SECURITY

(O. XL, r. 3)

Know all men by these presents, that we …………… and …………… are …………… jointly and severally bound to the Court …………… of ………. in Rs………….. to be paid to the said Court, 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 and we do as security for the said payment, mortgage to the Judge of the said Court, his successors-in-office and assigns the under-mentioned immovable properties which belong to us and of which we are possessed and which are free from mortgage charge or any other encumbrance and the title deeds of which have been lodged in the District Court.

Dated this …………… day of …………… 19…./20…..”

(Rest of the clauses will be continued as in Form No. 10)

APPENDIX. APPENDIX G

APPENDIX G
APPEAL, REFERENCE AND REVIEW

No. 1
Memornadum of Appeal
(O. 41, R. 1)

The…… above-named appeals to the…….. Court at……… from the decree of……….in Suit No. ……… of…… . 19 …., dated the …… day of…….. 19…, and sets forth the following grounds of objection to the decree appealed from, namely:-

No. 2 Security Bond to be Given on Order Being Made to Stay Execution of Decree (O.41.R.5)

(Title)

To This security bond on stay of execution of decree executed by ……… witnesseth:- That………. the plaintiff in Suit No. ……… of 19 … having sued………. the defendant, in this Court and a decree having been passed on the ……… day of………19 …, in favour of the plaintiff, and the defendant having preferred an appeal from the said decree in the ……… Court, the said appeal is still pending. Now the plaintiff decree-holder having applied to execute the decree, the defendant has made an application praying for stay of execution and has been called upon to furnish security. Accordingly I, of my own free will, stand security to the extent of Rs……….. mortgaging the properties specified in the schedule hereunto annexed, and covenant that if the decree of the first Court be confirmed or varied by the Appellate 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. To this effect I execute this security bond this ………dayof…….. 19…

Schedule

(Signed)

Witnessed by

1.

2.

HIGH COURT AMENDMENTS

Andhra Pradesh-Same as in Madras.

Bombay.-In Appendix G, in Form No. 2, at the end, insert the following Note, namely:-

“Note.-Unless appropriately altered, the printed form binds the surety only to an immediate appeal from the decree mentioned in the bond, and does not cover any obligation in respect of any further appeal.” (w.e.f 1-10-1983)

Gujarat.-Same as in Bombay.

Kerala.-Same as in Madras, (w.e.f. 9-6-1959)

Madras.-In Appendix G, in Form No. 2, in the second paragraph, after the words “be confirmed or varid by the Appellate Court”, insert the words “or in further appeal or appeals from the decree of the said Court”.

No. 3

Security Bond to be Given During the Pendency of Appeal

(O. 41, R. 6)

(Title)

To

This security bond on stay of execution of decree executed by witnesseth:-

That ………. the plaintiff in Suit No. …… of… 19…, having sued, the defendant, in this Court and a decree having been passed on the … day of … 19 …, in favour of the plaintiff, and the defendant having 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…., mortgaging the properties specified in the schedule hereunto annexed, and covenant that if the decree of the first Court be reversed or varied by the Appellate Court, the plaintiff shall restore any property which may be 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 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. To this effect I execute this security bond this……… day of……… 19 ….

Schedule

(Signed)

Witnessed by

1.

2.

HIGH COURT AMENDMENTS

Andhra Pradesh.-Same as in Madras.

Bombay.-In Appendix G, Form No. 3,-

(i) for the opening words “This security bond on stay of execution of decree executed by………..witnesseth-“, substitute the words “This security bond, on order being made for execution of decree,………………executed by……………witnesseth-“.

(ii) at the end, insert the following Note, namely:-

“Note.-Unless appropriately altered, the printed form binds the surety only to an immediate appeal from the decree mentioned in the bond, and does not cover any obligation in respect of any further appeal.”

Gujarat.-Same as in Bombay.

Kerala.-Same as in Madras, (w.e.f. 9-6-1959)

Madras.-In Appendix G, in Form No. 3, in second paragraph, after the words “be reversed or varied by the Appellate Court”, insert the words “or in further appeal or appeals from the decree of the said Court”.

No. 4

Security for Costs of Appeal

(O. 41, R. 10)

(Title)

To

This security bond for costs of appeal executed by ……. witnesseth:-

This appellant has preferred an appeal from the decree in Suit No….. of… 19 …, against the respondent, and has been called upon to furnish security. Accordingly 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 default on the part of the appellant. I shall duly carry out any order that may be made against me wilh regard to payment of the costs of appeal. 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. To this effect I execute this security bond this ….. day of…… 19 …

Schedule

(Signed)

Witnessed by

1.

2.

No. 5

Intimation to Lower Court of Admission of Appeal

(O.41, R. 13)

(Title)

To

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 … day of….. 19 …

You are requested to send with all practicable despatch all material papers in suit.

Dated the ……… day of……… 19 …

Judge

No. 6

Notice to Respondent of the Day Fixed for the Hearing of the Appeal

(O. 41, R. 14)

(Title)

Appeal from the ….. of the Court of……. dated the …… day of……. 19…

To …………………………………. Respondent

Take notice that an appeal from the decree of……… in this case has been presented by ……… and registered in this Court, and that the ……… day of……… 19 ……… 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 authorized to act for you in this appeal, it will be heard and decided in your absence.

Given under my hand and the seal of the Court, this……. day of…….. 19 …

Judge.

[Note-If a stay of execution has been ordered, intimation should be given of the fact on this notice.]

HIGH COURT AMENDMENTS

Andhra Pradesh.-Same as in Madras.

Kerala.-In Appendix G, after Form No. 6, insert Forms 6A and 6B as in

Madras (ii), substituting the word “Kerala” for the word “Madras”, (w.e.f. 9-6-1959}

Madras.-(i) In Appendix G, in Form No. 6, at the end, insert the following Note, namely:-

“Note.-Also taken notice that if an address for service is not filed before the aforesaid date, this appeal is liable to be heard and decided as if you had not made an appearance.”;

(ii) after Form No. 6, insert the following Forms, namely:- ; :

“No. 6A
NOTICE TO RESPONDENT
(O. XLIA, r. 2)
(Cause Title)

Appeal from the …………of the Court of …………………dated the…………. day of……..l9…./20..~

To

……………………………………….. Respondent

TAKE notice that an appeal from the above decree (order) has been presented by the above-named appellant and registered in this Court, and that if you intend to defend the same you must enter an appearance in this Court and give notice thereof to the appellant or his pleader within 30 days after the service of this notice on you.

If no appearance is entered on your behalf by yourself, your pleader or someone by law authorised to act for you in this appeal, it will be heard and decided in your absence.

The address for service of the appellant is that of his pleader Mr. A.B. of (insert address) Madras.

(If the appellant appears in person, insert his address for service).

GIVEN under my hand and the seal of the Court, this…………………day of……………. 19…./20….

Registrar

Interlocutory application No……………. of 19…./20…., has been made by appellant, and execution has been stayed (or other order made) by order dated the ………….. day of…………19…./20…………

No. 6B
MEMORANDUM OF APPEARANCE
(O. XLIA, r. 3)
(Cause Title)

TAKE notice that the …………………..respondent intends to appear and defend the above, appeal and that his address for service of all notices and process is (insert address).

The said respondent requires a list of the papers which the appellant proposes to translate and print.

Dated the …………………. day of …………………….19…./20……

(Signed) CD.

Vakil for Respondent

To

The Registrar, High Court of Judicature, Madras.”

No. 7

Notice to a Party to a Suit not made a Party to the Appeal but Joined by the Court as a Respondent

(O. 41, R. 20)

(Title)

To

Whereas you were a party in Suit No. …….. of…., in the Court of, ………. and whereas the …… has perferred an appeal to this Court from the decree passed against him in the said suit and it appears to this Court that you are interested in the result of the said appeal:

This is to give you notice that this Court has directed you to be made a respondent in the said appeal and has adjourned the hearing thereof till the ………… day of……… 19…, 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……..19 …

Judge.

No. 8

Memorandum of Cross Objection

(O.41.R.22)

(Title)

Whereas the . ….. has preferred an appeal to the…. Court at……… from the decree of…….. in Suit No. .. .of 19 …, dated the………..day of……..19.., and whereas notice of the day fixed for hearing the appeal was served on the ………… on the …… …. .day of……….. 19 …, the ……… files this memorandum of cross objection under rule 22 of Order XLI of the Code of Civil Procedure, 1908, and sets forth the following grounds of objection to the decree appealed from, namely:-

No. 9

Decree in Appeal

(O. 41, R. 35)

(Title)

Appeal No. ……… of 19 … from the decree of the Court of…….. dated the ……..day of… 19… Memorandum of Appeal.

…………………………………… Plaintiff.

…………………………………. Defendant.

The ……… above-named appeal to the …….. Court at ……… from the decree of……… in the above suit, dated the ……… day of ….. 19 …, for the following reasons, namely:-

This appeal coming on for hearing on the ……… day of….. 19…, before ……..in the presence of………or the appellant and of………for the respondent, it is ordered-

The costs of this appeal, as detailed below, amounting to Rs… are to be paid by….. The costs of the original suit are to be paid by ……………..

Given under my hand this……… day of…….. 19…

Judge

Appellant Amount Respondent Amount
Rs. A. P. Rs. A. P.
1 Stamo for memorandum of appeal Stamp for power
2 Do. for power Do. for petition
3 Service of processes Service of processes
4 Pleader’s fee on Rs. Pleader’s fee on Rs.
Total Total

HIGH COURT AMENDMENTS

Andhra Pradesh.-Same as in Madras.

Calcutta.-In Appendix G, in Form No. 9, omit the words begining from the sub-heading Memorandum of Appeal and ending “for the following reasons, namely:-“

Gauhati.-Same as in Madras.

Kerala.-Same as in Madras and under the sub-head “Costs of appeal” in the table below it in the column relating to “Respondent”, insert “5. Fee for preparation of process”, (w.e.f. 9-6-1959)

Madras.-In Appendix G, for Form No. 9, substitute the following Form, namely :-

“No. 9
DECREE/ORDER

In the Court of ……………………………

Appeal Suit/Civil Miscellaneous Appeal Suit No. ………….. of…………… 19…./20-. .

Between

…………………………………………….. Appellant

and
……………………………………………… Respondent

On appeal from the decree/order of the Court of …………… dated the …………….. day of …………….. 19…./20…., and made in Original Suit/Execution Petition/Interlocutory Application No …………………….. of 19…./20…. .

Between

………………………………………………………. Plaintiff-Petitioner

and
……………………………………………………… Defendant-Respondent.

Particulars of valuation

Rs……..a…….p.

1. Valuation in appeal

2. – Do – in Suit

DECREE/ORDER-This appeal coming on this day for hearing having been heard on the …………. day of……………. 19…./20…., upon perusing the grounds of appeal, the decree/order and judgment of the lower Court and the material papers in the case and-upon hearing the arguments of Mr ……… for the Appellant and of Mr ……. for the Respondent, and the appeal having stood over to this day for consideration, this Court doth order decree that the decree/ order of the lower Court be and hereby is confirmed and this appeal dismissed.

This Court doth further order and decree that the Appellant ……………. do pay to the Respondent………………. Rs ………………… for …………….. costs in this appeal and do bear …………… own costs Rs.

Particulars of Costs

No. 11

Preliminary Decree for Sale

[Plaintiff ……………………….. Sub or derivative mortgage vs.

Defendant No. 1 … ……………………….. Mortgagor,

Defendant No. 2 ……………………… Original Mortgagee.]

(Order XXXIV, Rule 4)

Appellant Amount Respondent Amount
Rs. A. P. Rs. A. P.
1 Stamp on Appeal memo 1 Stamp for power
2 Stamp on vakalat 2 Stamp for petition
3 Stamp on copies of lower Court decree order and judgment including copying fee. 3 Service of process
4 Stamp on petitions 4 Pleader’s fee on Rs.
5 Process fees
6 Fee for preparation of process
7 Pleader’s fee on Rs.
Total Total

GIVEN under my hand and the seal of the Court this …………… day of …………… 19…./20….

Judge”

Orissa.-Same as in Patna.

Patna.-In Appendix G, in Form No. 9, under the sub-head “Costs of Appeal” in the table below in the column relating to “Appellant” after item 4, insert “5. copying or typing charges” and in the cloumn relating to “Respondent”, after the item “Pleader’s fee on Rs.”, insert “Copying or typing charges”.

No. 10

Application to Appeal in forma pauperis

(O. 44, R. 1)

(Title)

I……… the ……… above-named, present the accompanying memorandum of appeal from the decree in the above suit and apply to be allowed to appeal as a pauper.

Annexed is a full and true schedule of all the movable and immovable property belonging to me with the estimated value thereof.

Dated the ……… day of……… 19 …

(Signed)

[Note.-Where the application is by the plaintiff he should state whether he applied and was allowed to sue in the Court of first instance as a pauper.]

No. 11

Notice of Appeal In forma pauperis

(O.44, R. 1)

(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……… 19… and whereas the……… day of……… 19…, 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 aforementioned date. Given under my hand and the seal of the Court, this…….day of……… 19…

Judge.

No. 12

Notice to Show Cause why a Certificate of Appeal to the Supreme Court should not be Granted

(O. 43, R. 3.)

(Title)

To

1[Take notice that…….. ……………. has applied to this Court for a certificate-

(i) that the case involves a substantial question of law of general importance, and

(ii) that in the opinion of this Court the said question needs to be decided by the Supreme Court.]

The……… day of……. 19…. is fixed for you to show cause why the Court shoul not grant the certificate asked for.

Given under my hand and the seal of the Court, this……… day of……. 19 ….

Registrar

1. Subs, by Act No. 49 of 1973, for the former paragraph.

HIGH COURT AMENDMENTS

Andhra Pradesh.-In Appendix G, after Form No. 12,-

(a) insert Forms 12A, 12B and 12C as in Madras (ii).-

(b) After Form 12C, insert the following Form, namely :-.

“No. 12D
CERTIFICATE OF LEAVE TO APPEAL TO THE SUPREME COURT
(O. XLV, r. 7)

In cases leave is granted under Article 132 (1) of the Constitution:

Read petition presented under Order XLV, rule 3 of the Code of Civil Procedure, praying for the grant of a certificate to enable the petitioner to appeal to the Supreme Court against the decree/final order of this Court in Suit No………… of 19…./20…. .

The petition coming on for hearing upon perusing the petition and the grounds of appeal to the Supreme Court and other papers material to the application and upon hearing the arguments …………… of for the petitioner and of the-……………. for the respondent (if he appears) this Court doth certify that the decree/final order appealed from involves a substantial question of law as to the interpretation of the Constitution of India.

(1)…………………………

(2)…………………………

Kerala.-Same as in Madras, (w.e.f. 9-6-1959)

Madras.-(i) In Appendix G, for Form No. 12, substitute the following Form, namely:-

“No. 12
NOTICE TO SHOW CAUSE WHY A CERTIFICATE OF APPEAL TO THE SUPREME COURT SHOULD Nor BE GRANTED

(Or. 45, R. 3)

In the High Court of Judicature at Madras

……………………………………………………Petitioner

……………………………………………………Respondent

…………………………………………………….Respondents

To

Take notice that the above petitioner No………………of………………on the file of this Court hearing presented the above petition praying for a certificate under Articles 132 (1)/133(1) of the Constitution of India to enable to appeal to the Supreme Court of India from the decree passed in the said appeal the………………day of ………………….next has been fixed for hearing the said petition and that you are hereby summoned to appear either in person or by advocate on the said day to show cause why the certificate applied for should not be granted.

(By order of the Court)
Sub Assistant Reg., App. side.”

Madras……………….19…../20…….

(ii) after Form No. 12, insert the following Forms, namely:-

“No. 12A
CBRTIFICATE OF LEAVE TO APPEAL TO THE SUPREME COURT
(O. XLV, r. 7)

(In cases where the subject-matter of the appeal is of sufficient value and the finding of the Courts are not concurrent).

Read petition presented under Order XLV, rule 3 of the Code of Civil Procedure, praying for the grant of a certificate to enable the petitioner to appeal to the Supreme Court against the decree/final order of this Court in Suit No ………………. of 19…./20…..

The petition coming on for hearing upon perusing the petition and the grounds of appeal to the Supreme Court and the other papers material to the application and upon hearing the arguments of …………………. for the petitioner and of …………………. for the respondent (if he appears) this Court doth certify that the amount…………… of the subject-matter of the suit value ……………… in the Court of first instance is ……………. Rs. 20,000 ……………… upwards of Rs. 20,000 …………….. amount ………….. and the ………….of the subject-matter …………… value ………………. in dispute …………… on appeal to the Supreme Court is also of ……………….. Rs. 20,000 …………………….. the value of……………………..upwards of Rs. 20,000 ………………………… decree……..,………………of that the …………… appealed from involves …………… final order …………… Directly …………… some claim or question ……… to indirectly …………… respecting …………… Rs. 20,000 …………. property of the value Oi ………. and …………… upwards of Rs. 20,000 ……………that the decree/final appealed from does not affirm the decision of the lower Court.

No. 12B
CERTIFICATE OF LEAVE TO APPEAL TO THE SUPREME COURT
(O. XLV, r. 7)

(In cases where the subject-matter is of sufficient value and the findings of the Courts are concurrent).

Read the petition prescribed under Order XLV, rule 3 of the Code of Civil Procedure praying for a grant of a certificate to enable the petitioner to appeal to the Supreme Court against the decree/final order of this Court in……………

Suit No …………… of 19…./20….

The petition coming on for hearing upon perusing the petition and the grounds or appeal to the Supreme Court and other persons material to the application and upon hearing the arguments of…………for the petitioner and of……………….. for the respondent (if he appears) the Court doth certify that the amount …………… of the subject-matter of the suit in value the …………… Court of first instance is …………… Rs. 20,000 …………… amount…………. and the …………..
of the …………… upwards of Rs. 20,000 value …………… subject-matter in dispute on appeal to the Supreme Court is also of the value ………… Rs. 20,000 ……….. of ……………….. or that the upwards ………. of Rs. 20,000 ………… decree/final order ………………… appealed against involves …………… directly …….. some claim or question …………… to directly …………… respecting ……….. Rs. 20,000 …………… property of the value of …………… upwards of Rs. 20,000 …………… and that the affirming decree/final order …………… appealed …………… from involves the following substantial question(s) of law, viz:-

(1)…………………………

(2)………………………….

No. 12C
CERTIFICATE OF LEAVE TO APPEAL TO THE SUPREME COURT
(O. XLV, r. 7)

(In cases where the subject-matter in dispute either not of sufficient value or is incapable of money valuation).

Read petition presented under Order XLV, rule 3 of the Code of Civil Procedure praying for the grant of a certificate to enable the petitioner to appeal to the Supreme Court against the …………… decree/final order ………. of this Court in Suit No …….. of …………… 19…../20…..

The petition coming on for hearing upon perusing the petition and the grounds of appeal to the Supreme Court and other papers material to the application and upon hearing the argument of …………… for the petitioner and of ………. for the respondent (if he appears) this Court doth certify that the amount …………… of the subject-matter of the suit both value …………… in the Court of the first instance and below Rs. 20,000 in value in the Court is …………… incapable of money valuation this Court in the exercise of the discretion vested in it is satisfied that the case is a fit one for appeal to the Supreme Court for the reason set forth below, viz:-

(1)………………..

(2)………………..

No. 13

Notice to Respondent of Admission of Appeal to the Supreme Court

(O. 45, R. 8.)

(Title)

To

Whereas …………………. the ………….. in the above case, has furnished the security 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 the Supreme Court has been admitted on the ……… day of……. 19 ….

Given under my hand and the seal of the Court, this………. day of……. 19 ….

Registrar

No. 14

Notice to Show Cause Why a Review should not be Granted

(O.47, R. 4.)

(Title)

To

Take notice that………….. has applied to this Court for a review of its decree passed on the ……… day of……. 19 …. fixed for you to show cause why the Court should not grant a review of its decree in this case.

Given under my hand and the seal of the Court, this … .„-…. day of……. 19 ….

Judge

APPENDIX. APPENDIX H

APPENDIX H
MISCELLANEOUS

No. 1

Agreement of Parties as to Issues to be Tried

(Order 14, Rule 6)

(Title)

Whereas 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 of……. 19 … and filed as Exhibit………….. in the said suit, is or is not beyond the statute of limitation (or state the point at issue whatever it may be):

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………. (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, (he said …….. will do or abstain from doing, etc., etc.]

…………………………………… Plaintiff.

…………………………………. Defendant.

Witnesses:-

1.

2.

Dated the……… day of……. 19….

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 19….,

To

Whereas an application, dated the……… day of……. 19 …, has been made to this Court by ………….. the……….. in Suit No…………… of 19……. 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……. 19 …, 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……19….,

Judge.

1[No.2A
List of Witnesses Proposed to be Called by Plaintiff/Defendant
(Order 16, Rule 1)

Name of the party which proposes to call the witness Name and address of the witness Remarks]

1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).

No. 3
Notice or Payment into Court
(Order 24, Rule 2)

(Title)

Take notice that the defendant has paid into Court Rs…….. and says that that sum is sufficient to satisfy the plaintiff’s claim in full. X.Y., Pleader for the defendant. To Z, Pleader for the plaintiff.

No. 4

Notice to Show Cause (General Form)

(Title)

To Whereas the above-named………….. has made application to this Court that………… You are hereby warned to appear in this Court in person or by a pleader duly instructed on the ……… day of……. 19 …., at…….O’clock in the forenoon, to show cause against the application, failing wherein, the said application will be heard and determined ex parte. Given under my hand and the seal of the Court, this……… day of……. 19 …. Judge.

HIGH COURT AMENDMENT

Allahabad.-In Appendix H, for Form No. 4, substitute the following Form, namely:-

“No. 4

NOTICE TO SHOW CAUSE (GENERAL FORM)

In the Court of……………………………… at ……………………………District.

Civil Suit No. …………….. of …………….. 19…./20-…

Miscellaneous No. ……………………… of ………………… 19…./20….. ]

…………………………………………………………….. resident of Versus …………………………………………………………….. resident of To

Whereas the above-named …………………………………. has made application to this Court that ……………………………. you are hereby warned to appear in this Court in person or by a pleader duly instructed on the …………………. day of ……………… 19…./20….,

at…………….. O’clock in the forenoon, to show cause against the application failing wherein, the said application will be heard and determined ex parte, and it will be presumed that you consent to be appointed guardian for the suit.

GIVEN under my hand and the seal of the Court, this…………… day of ………… 19…../20….

Judge”.

No. 5

List of Documents Produced by Plaintiff/Defendant

(Order 13, Rule 1)

(Title)

No. Description of document Date, if any which the document bears Signature of party or pleader
1 2 3 4

HIGH COURT AMENDMENT

Allahabad.-In Appendix H, for Form No. 5, substitute the following Form, namely:-

“No. 5

LIST OF DOCUMENTS PRODUCED BY PLAINTIFF/DEFENDANT

(O. XIII, R. 1)

In the Court of …………………. at ………………… District ………… Suit No. …………….. of ……………………… 19…./20…. .

……………………………………………………….Plaintiff

Versus

……………………………………………………….Defendant List of documents produced with the plaint (or at first hearing) on behalf of plaintiff (or defendant). This list was filed by ………………………. this …………… day of …………… 19…./20…. .

Serial number Description and date, if any, of the document What became of the document Remarks
1 2 3 4
If brought on the record the exhibit mark put on the document If rejected, date of return to party, and signature of party or pleader to whom the document was returned If it remains on the record after decision of the case and is enclosed in an envelope under rule 24, Chapter III, the date of enclosure in the envelope.

Signature of party or pleader producing the list.” (w.e.f. 28-11-1914)

No. 6

Notice to Parties of the Day Fixed for Examination of a Witness about to Leave the Jurisdiction (Order 18, Rule 16)

(Title)

To …………………………… *Plaintiff (or Defendant) Whereas in the above suit application has been made to the Court by ………….. that the examination of…………… a witness required by the said…………… in the said suit may be taken immediately; and it has been shown to the Court’s satisfaction that the said witness is about to leave the Court’s jurisdiction (or any other good and sufficient cause to be stated): Take notice that the examination of the said witness………….. will be taken by the Court on the……… day of……. 19 …. Dated the………day of……. 19….

Judge.

No. 7

Commission to Examine Absent Witness

(O.26, Rules 4,18)

(Title)

To Whereas the evidence of……. is required by the………….. in the above suit; and whereas …………..; you are requested to take the evidence on interrogatories [or viva voce] of such witness………….. and you are hereby appointed Commissioner for that purpose. The evidence will be taken in the presence of the parties of their agents if in attendance, who will be at liberty to question the witness on the points specified, and you 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 your application.

A sum of Rs……… being your fee in the above, is herewith forwarded.

Given under my hand and the seal of the Court, this……… day of……. 19 ….

Judge.

HIGH COURT AMENDMENTS

Orissa.-Same as in Patna.

Patna.-In Appendix H, in Form 7, at the end, insert the following Note, namely:- “Note.-The Commissioner has power under Chapter X of the Indian Evidence Act to control the examination of witnesses.”

No. 8

Letter of Request (O. 26, R. 5)

(Title)

(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 plaintiff and C. D. is defendant; And in the said suit the plaintiff claims. (Abstract of claim.) And whereas it has been represented 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 examined as witnesses upon oath touching such matters, that is to say E. F., of………………. G.H.of……………… and L. J. of ………………. 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 Court, you, as the President and Judges of the said………. or some one or more of you, will be pleased to summon the said witness (and such other witnesses as the agents of the said plaintiff and defendant shall humbly request you in writing so to summon to attend at such time and place as you shall appoint before some one or more of you or such other person as according to the procedure of your Court is competent to take the examination of witnesses, and that you will cause such witnesses to be examined upon 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 witnesses to be reduced into writing, and all books, letters, papers and documents produced upon such examination to be duly marked for identification, and that you will be further pleased to authenticate such examination by the seal of your tribunal, or in such other way as is in accordance with your procedure, and to return the same, together with such request in writing, if any, for the examination of other witnesses to the said Court.

(Note-If the request is directed to a Foreign Court, the words “through the Ministry of External Affairs of the Government of India for transmission” should be inserted after the words “other witnesses” in the last line of this form.)

No. 9

Commission for a Local Investigation, or to Examine Accounts (O. 26, Rules 9,11)

(Title)

To Whereas it is deemed requisite, for the purposes of this suit, that a commission for….. should be issued; You are hereby appointed Commissioner for the purpose of……….. Process to compel the attendance before you of any witnesses, or for the production of any documents whom or which you may desire to examine or inspect, will be issued by any Court have jurisdiction on your application. A sum of Rs…………… being your fee in the above, is here with forwarded.

Given under my hand and the seal of the Court, this ……… day of……. 19 ….

Judge.

No. 10

Commission to Make a Partition (O. 26, R. 13)

(Title)

To Whereas it is deemed requisite for the purposes of this suit that a commission should be issued to make the partition or separation of the property specified in, and according to the rights as declared in, be decree of this Court, dated the ……… day of ……. 19 ….; You are hereby appointed Commissioner for the said purpose and are directed to make such inquiry as may be necessary, to divide the said property according to the best of your skill and judgment in the shares set out in the said decree, and to allot suh shares to the* 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. Process to compel the attendance before you of any witness or for the production of any documents, whom or which you may desire to examine or inspect, will be issued by any Court having jurisdiction on your application. A sum of Rs……………. being your fee in the above, is herewith forwarded.

Given under my hand and the seal of the Court, this ……… day of……. 19 ….

Judge.

1[No. 11

Notice to Certificated, Natural, or, de facto Guardian (Order 32, Rule 3)

(Title)

To (Certificated/Natural/de facto Guardian) Whereas an application has been presented on the part of the plaintiff*/on behalf of the minor 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 guardian, or the person in whose care the minor is) are hereby required to take notice that unless you appear before this Court on or before the day appointed for the hearing of the case and stated in the appended summons, and express you consent to act as guardian for the suit for the minor, the Court will 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……. 19 ….,

Judge.

* Strike off the words which are not applicable.

1. Subs. by Act No. 104 ofl976, for Form 11 (w.e.f. 1-2-1977).

HIGH COURT AMENDMENTS

Allahabad.-In Appendix H, for Form No. 11, substitute the following Form, namely:- “

No. 11

NOTICE TO THE MINOR DEFENDANT AND GUARDIAN

In the Court of …………… at ………………… District …………… Suit No. …………. of …………… 19…./20….. …………………………………………………… Resident of ………………………………….Plaintiff Versus ……………………………………………………. Resident of ………………………………… Defendant To (1) ………….. minor defendant; and (2) Natural guardian …………… certified guardian or the person in whose care the minor is alleged to be. Whereas an application has been presented on the part of the plaintiff in the above suit for the appointment of a guardian for the suit to the minor defendant ………….. you the said minor, and you (1) ……………………… natural guardian or the certified guardian or the person in whose care the minor is alleged to be are hereby required to take notice that unless within …………… days from the service upon you of this notice, an application is made to this Court to show cause why the person named below should not be appointed or for the appointment of any other person willing to act as guardian for the suit, the Court will proceed to appoint the person named below or some other person to act as the guardian of the minor for the purposes of the said suit. Proposed guardian …………… son of …………… resident of ……………

GIVEN under my hand the seal of the Court, this …………… day of …………… 19…./20…. . Judge”.

[Vide Notification No. 1543-20-1 (2), dated 27th March, 1926.]

[Ed.-This amendment relates to Form No. 11 prior to its amendment made by the Central Act 104 of 1976, sec. 96 {w.e.f. 1-2-1977).]

Andhra Pradesh.-Same as in Madras.

Bombay.-In Appendix H, for From No. 11, substitute the following Form, namely:- “

No. 11

NOTICE TO MINOR DEFENDANT AND GUARDIAN (O. XXXII, r. 3)

(Title)

To …………… (Natural Guardian/Legally appointed Guardian/Person taking care of the minor). Whereas an application (as per the annexed copy) has been presented on behalf of the plaintiff in the above suit for the appointment of a guardian for the suit to the minor defendant (here enter the name of the minor defendant)…………… and whereas the plaintiff has proposed in his application that you (here enter the name of the proposed guardian) …………………… should be appointed as such guardian you the said proposed guardian are hereby required to take notice that, unless, you appear before this Court within ………………. days from the service of this notice upon you and express your consent to such appointment or an application is made to this Court to appoint some other person as guardian of the minor for the suit, the Court will proceed to appoint such person as it deems proper as the guardian of the minor for the purposes of the said suit. GIVEN under my hand and the seal of this Court, this …………… day of…………… 19…../20….. Judge”.

[Vide PO/102/77, dated 15th September, 1983 (w.e.f. 1-10-1983),]

Karnataka.-Same as in Madras,(w.e.f. 30-3-1967)

Kerala-In Appendix H, after Form No. 10, insert Form No. 11A as in Madras (ii) with substitution of words “(Name, discription and place of residence of minor defendant/ respondent) for the words” YZ”.

Madhya Pradesh.-In Appendix H, for Form No. 11, substitute the following Form, namely:- “

No. 11

NOTICE To MINOR DEFENDANT AND GAURDIAN (Or. 32, R. 4A)

(Title)

To ……………………………………………………..Minor defendant, …………………………………………………Legally appointed/Actual Guardian ……………………………………………………..Proposed Guardian. Whereas an application has been presented on the part of the plaintiff/on behalf of the minor defendant for the appointment of you………………..as the guardian for the suit of the minor defendant ………………………(you the said minor) you…………………his legally appointed/ actual guardian and you……………….the proposed guardian for the suit are hereby required to take notice that unless you, the proposed guardian, appear before this Court on or before the day appointed for the hearing of the case and stated in the appended summons, and express your consent to your appointment, or unless an application is made to this Court for the appointment of some other person to act as guardian of the minor for the minor for the suit, the Court will proceed to appoint an officer of the Court or a pleader or some other person to act as a guardian to the minor for the purposes of the said suit of which summons in the ordinary form is herewith appended,

GIVEN under my hand and the seal of this Court, this……………….. day of…………. 19…../20…..

Judge,”

Madras.-(i) In Appendix H, for Form No. 11, substitute the following Form, namely:- “

No. 11 …

NOTICE TO GUARDIAN APPOINTED OR DECLARED, OR TO FATHER OR OTHER NATURAL GUARDIAN, OR TO THE PERSON IN CHARGE OF THE MINOR [Or. 32, R. 3(5)] (Title)

To ………………. Guardian appointed or declared, or father or other natural guardian, or person in charge of the minor. Whereas an application has been presented on the part of the……………in the above suit for the appointment of a guardian for the suit of said minor, your are hereby required to take notice that, unless within………………….days from the service upon you of this notice an application is made to this Court for the appointment of you or of some friend of the said minor to act as his/her guardian for the purposes of the said suit, the Court will proceed to appoint some other person to act as guardian of the said minor for the purposes of the said. GIVEN under my hand and the seal of the Court, this……………….day of………….. 19……/20…..

Judge.”

(ii) After Form 11, insert the following Form, namely:-

No. 11A

NOTICE To PROPOSED GUARDIAN OF A MINOR DEPENDENT/RESPONDENT

[Or. 32, r. 3] To (YZ)

 (Name, description and place of residence of proposed guardian). Take notice that X plaintiff/appellant in……………has presented a petition to the Court praying “that you be appointed guardian ad litem to the minor defendant (s)/respondent (s) and that the same will be heard on the ………….day of ……………19…../20….. 2. The affidavit of X has been filed in support of this application. 3. If you are willing to act as guardian for the said defendant (s)/respondent (s) you are requested to sign (or affix your mark to) the declaration on the back of this notice. 4. In the event of your failure to signify your express consent in the manner indicated above, take further notice that the Court may proceed under Order 32, Rule 3, Code of Civil Procedure, to appoint some other suitable person or one of its officers as guardian ad litem of the minor defendant (s)/ respondent (s) aforesaid. Date this………………day of …………19…../20…..

(Signed)

(To be printed on the reverse) I hereby acknowledge receipt of a duplicate of this notice and consent to act as guardian of the minor defendant (s)/respondent (s) therein mentioned. Signature YZ

Witnesses

1. …………………….

2. ……………………”

(Vide P. Disc. No. 1049 of 1931.]

Orissa.-Same as in Patna.

Patna.-(a) In Appendix H, for Form No. 11, substitute the following Forms, namely :- “

No. 11

NOTICE TO MINOR DEFENDANT AND GUARDIAN OF APPLICATION FOR APPOINTMENT OF THE GUARDIAN TO BE GUARDIAN FOR THE SUIT (O. XXXII, r. 3)

(Title)

To …………………………………Minor defendant. Guardian (appointed by authority, or natural or the person in whose care the minor is, as the case may be). Whereas an application has been presented on the part of the plaintiff in the above suit for the appointment of you …………… as guardian for the suit to the minor defendant, you the said minor and you …………… are hereby required to take notice that unless within 21 days from the service upon you of this notice you *…………… give your consent to be appointed to act as guardian, the Court will proceed, subject to the decision of any objection that may be raised, to appoint an officer of the Court to act as guardian to you the minor for the said suit. GIVEN under my hand and the seal of the Court, the …………… day of …………… 19…./20….

Judge.

* Strike off the words which are not applicable.

No. 11A

NOTICE TO THE MINOR DEFENDANT AND GUARDIAN OF APPLICATION FOR APPOINTMENT OF ANOTHER PERSON TO BE GUARDIAN FOR THE SUIT

(O. XXXII, r. 3)

To ……………………………………………………………………… Minor defendant Guardian (appointed by authority or natural or the person in whose care the minor is). Whereas an application has been presented on the part of the plaintiff in the above suit fox the appointment of…………… as guardian for the suit to the minor defendant, you the said minor and you …………… are hereby required to take notice that unless within 21 days from the service upon you of this notice you ……………. make an application for the appointment of yourself or of some friend of you the minor to act as guardian, the Court will proceed subject to the decision of any objection that may be raised to appoint………….. or an officer of the Court to act as guardian to you the minor for the said suit.

GIVEN under my hand and the seal of the Court, this……………….. day of……………. 19…./2G….

Judge

(a) Here insert the name and description of proposed guardian.

(b) Here insert the name of guardian upon whom the notice is to be served.

(c) Here insert the name of proposed guardian.

No. 11B

NOTICE TO THE PROPOSED GUARDIAN FOR THE MINOR DEFENDANT WHEN THE PERSON PROPOSED IS NOT THE GUARDIAN APPOINTED BY AUTHORITY OR THE NATURAL GUARDIAN OR THE PERSON IN WHOSE CARE THE MINOR IS

(O. XXXII, r. 4)

(Title)

District…………………. In the Court of …………………. at ………………… Suit No……………… of 19…./20…. . ………………………………………………………………………. Plaintiff versus ………………………………………………………………………. Defendant To ………………………………………………………….. proposed guardian Whereas an application has been presented by-the plaintiff in the above case for the appointment of you …………… as guardian for the suit to the minor defendant, you are hereby required to take notice that unless within …………… days from the service upon you of this notice you make an application to the Court intimating your consent to act as guardian for the suit, the Court will proceed to appoint some other person to act as a guardian to the minor for the purposes of the said suit. Given under my hand and the seal of the Court, this…………….day of ………… 19…./20…. .

Judge”

No. 11A

Notice to Minor Defendant (Order 32, Rule 3)

(Title)

To …………………….Minor Defendant. 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 of……. 19 …., at……. O’clock in the forenoon to show cause against the application, failing which the said application will be heard and determined ex pane. Given under my hand and the seal of the Court, this ……… day of……. 19 …. Judge.]

Strike off the words which are not applicable.

No. 12

Notice to Opposite Party of Day Fixed for Hearing Evidence of Pauperism (O. 33, R. 6)

(Title)

To Whereas ……………………….. has applied to this Court for permission to institute a suit against……. in forma pauperis under Order XXXIII of the Code of Civil Procedure, 1908; and whereas the Court sees no reason to reject the application; and whereas the……… day of……. 19…. 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……. 19 …. Given under my hand and the seal of the Court, this ………. day of……….. 19..

Judge.

HIGH COURT AMENDMENT

Karnataka.-In Appendix H, after Form No. 12, insert the following Form, namely :-

No 12A

COMMON FORM OF NOTICE IN INTERLOCUTORY APPLICATION UNDER ORDER XXXVIII, F THE CODE OF CIVIL PROCEDURE, 1908

(Title)

Take notice that the plaintiff/appellant/defendant/respondent above-named has made an application to the Court under …………… (Provision of law) praying that …………… (set out the prayer in full) and that the pleader on behalf of the applicant will move the Court for an urgent/interim order an ………… (date) at ……….. (time) …………… or that the Court on being moved for an interim order has on …………… (date) made such order directing ……………. (here enter the exact terms of the interim order) and has further directed that the application be posted for further orders on ………………… (date) ……………… after notice to you. You are required to appear either in person or through pleader on the said date to show cause against the application being granted …………….. as prayed for. Please note that in default of your appearing and showing cause as aforesaid, the application will be proceeded with in your absence. The affidavit/memorandum of facts by ……………. has been filed in support of the application, and a true copy thereof together with a true copy of the application is annexed hereto. : Dated this ……………. day of ……………….. 19…./20…. –

Pleader of applicant “.

[Vide ROC No. 2526/1959, dated 9th February, 1967.]

No. 13

Notice to Surety of his Liability Under a Decree (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 above suit; and whereas a decree was passed on the ……… day of……. 19…. 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 ……. …. 19……. to show cause why the said decree should not be executed against you, and if no sufficient cause shall be, 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…….19….. Judge.

No. 14

Register of Civil Suits

(O.4, R. 2)

Court of the ……………………….. of………………at ……………………………………….. Register of Civil Suits in the year 19 ……………..

Table

Note-Where there are numerous plaintiff, or numerous defendants, the name of the first plaintiff only, or the first defendant only, as the case may be, need be entered in the register.

HIGH COURTS AMENDMENTS

Allahabad.-In appendix H, in Form No. 14, at the end, for the Note, substitute the following Note, namely:- “Note.-Where there are numerous plaintiffs of numerous dependants, the names of all the plaintiffs of all the defendants as the case may be, should be entered in the register.”

Andhra Pradesh.-Same as in Madras. Bombay.-(i) In Appendix H, in Form No. 14,-

(a) each of the columns of Register of Civil Suits shall be numbered as columns (1) to (10);

(b) in column 5 as so renumbered, under the heading “claim”, in sub-column, for the word “Particulars”, substitute the words “Nature of suit and particulars of relief”;

(c) in column 6 as so renumbered, under the heading “Appearance”, in sub-columns “Day for parties to appear”, “Plaintiff” and “Defendant”, substitute the following namely:-

“The first returnable date when the defendant is called upon to appear”, (w.e.f. 31-12-1987)

(ii) For the existing Note substitute the following, note, namely:-

“Note.-Where there are numerous plaintiffs or numerous defendants, the names of all the palintiffs or all the defendants, as the case may be, should be entered in the register.” (w.e.f. 1-10-1983)

Calcutta.-In Appendix H, in Form No. 14- (i) for Column Nos. 20 to 27, substitute the following columns, namely:-

Table

(ii) For the existing note, substitute the following notes, namely:-

“Note 1.-When there are numerous plaintiffs or numerous defendants, the name of the first plaintiff only, on the first defendant only, as the case may be, need be entered in Register with a note of the total number of parties impleaded, e.g., A.B. and seven others.

Note 2.-In column 9 enter facts constituting the cause of action and particulars required by Order 7, rule 1, clauses (g) and (h) and also the value of the suit for the purpose of jurisdiction as required by clause (i) of that rule.

Note 3.-In column 12 shall be entered the first date of hearing of the suit and in columns 13 and 14 the names of the pleaders or vakils or advocates of the parties.

Note 4.-In column 16 should be indicated whether the decision was ex parts, on compromise or on contest against all or any of the defendants.

Note 5.-In columns 18 and 19 should also be the number and year of the appeal, the name of the Appellate Court and not only the particulars of the order on first appeal but the particulars of the order on second appeal or revision, if any.

Note 6.-Cases remanded under order 41, rule 23 or restored to file under Order 9, rule 4 or rule 13 will be re-admitted and entered in the Register in the their Original Numbers. In each case the Setter “R” will be affixed to the number to be entered in column 2 and the date of restoration to file will be noted in column 1.

Note 7.-Cases under the Religious Endowments Act, 1863, under sections 88 and 92, Order 21, rule 99, Order 36, rule 3 and Schedule II, Paragraphs 17 and 20, Civil Procedure (now the reference to Schedule II will be constructed as references to the appropriate provisions of the Indian Arbitration Act (X of 1940) which has repealed Schedule II) and references made under section 5 of the Bengal Alluvial Lands Act, 1920, must be registered as suits.

Note 8.-A note should be made of all parties brought on or struck off the record under Order 1, or Order 22, Civil Procedure Code, or of any alteration in the appointment of guardian ad [item and also of any withdrawal of the claim or a portion of the claim against any of the defendants.

Note 9.-Any amendment or alteration made during the progress of the suit in the value or particulars of the claim or as to the date or place or clause of action should appear in column 9.

Note 10.-Courts to which suits are transferred should not be old members and the dates of institution in the suit registered within brackets.

Note 11.-When the Court of execution is other than the Court which passed the decree, the name of the executing Court should be entered in column 20.

Note 12.-In column 22 the date of the final order is to be entered.

Note 13.-In column 26 the particulars and the date of adjustment, or

satisfaction otherwise than by execution should be entered.

Note 14.-In column 33 should be entered the order in appeals, revisions or under section 144, Civil Procedure Code, with date and name of Court.

Note 15.-The entries in this register shall be made contemporaneously with the passing the orders during the progress of the suits or subsequent proceeding, if any, and not after their final disposal.

Separate Registers in this form have been prescribed for Title Suits and Money and Moveable Suits “[(R) l(i) and (R) l(ii)”-

Note.-Where there are numerous plaintiffs or numerous defendants the first plaintiff only or the first defendant only, as the case may be,

Guahati.-Same as in Calcutta.

Madras.-In Appendix H, omit Form No. 14.

Orissa.-Same as in Patna.

Patna.-In Appendix H, for Form No. 14 the following Form, namely:-

“No. 14
REGISTER OF CIVIL SUITS
Court of the……………………. of ……………………… at ………………………
Register of Civil Suits in the year 19…./20..

Table

Table

Note 1.-Where there are numerous plaintiffs or numerous defendants, the name of the first plaintiff only, the first defendants only, as the case may be, need entered in the register.

Note 2.-Case remanded by appellate Court to lower court under Order XLI, Rule 23, Civil Produce Code, will be readmitted and entered in the general register of suit under their original numbers. In each cash the letter R will be affixed to the number to be entered in column 2.

Note 3.-In column 14 should be indicated whether the decision was ex parts, on compromise or on context against all or any of the defendants.

Note 4.-When the Court of execution is other than the Court which passed the decree, the name of the executing Court should be given in column 20.”

No. 15

Register of Appeals

(O.41.R.9)

Court (or High Court) at

Register of Appeals from Decrees in the year…………

table

HIGH COURT AMENDMENTS

Bombay.-In Appendix H, in Form No. 15, in- the Register of Appeals,-

(i) each of the columns shall be numbered as (1) to (7);

(ii) in column 3 so re-numbered, under the heading “Decree appealed from”, for sub-column “Particulars”, substitute the words “Nature of the original suit and particulars of relief therein”;

(iii) in column 4 so re-numbered, under the heading “Appearance” for all the sub-columns, substitute the sub-column “The first returnable date when the respondent is called upon to appear”, (w.e.f. 9-12-1987)

Allahabad.-In Appendix H, after Form No. 15, insert the following Forms, namely :-

“No. 16

The security to be furnished under Order XXV, rule 1,

shall be, as nearly as may be, by bond in the following form:

In the Court of …………… at …………… at ……………

Suit No. …………….. of ……… 19…./20…. .

…………………………………………………………….. Plaintiff

Versus

……………………………………………………………… Defendant

Whereas a suit has been instituted in the said Court by the said plaintiff …………… to recover from the said defendant………….. the sum of rupees……….. and the said plaintiff ……… is residing out of British India (or is a woman) and does not possess any sufficient immovable property within British India independent of the property in the suit:

Therefore, I, inhabitant of …………… have voluntarily become security, and do hereby bind myself, my heirs and executors, to …………… as Judge of the said Court and to his successors in office that the said plaintiff…………….. his heirs and executors, …………… shall, …………… whenever called on by the said Court, pay all costs that may have been or may be incurred by the said defendant, …………… in the said suit, and in default of such payment, I bind myself, my heirs and executors, to pay all such costs to the said Court on its order. Witness my hand at ………… this ……………. day of ……… 19…./20…. .

(Signed)

Surety

Witness:

No. 17
ADDRESS FOR SERVICE

(Under Order W, rules 19 to 26: Order VIII, rules 11 and 12; Order XLI, rule 38: Order XLVI, rule 8; Order XLVII, rule 10; Order LII, rule 1)

IN THE COURT OF THE …………….. OF ……….
Original Suit/or Case No. ………….. of 19…./20,… .

…………………………………………………….. Plaintiff

Versus
…………………………………………………….. Defendant

The address shall be within the local limits of the District Court within which the suit is filed, or of the District Court within which the party ordinarily resides, if within limits of the Uttar Pradesh, but not within the limits of any other Province:

Name, parentage and caste Residence Pargana or Tahsil Post Officer District

Dated ……………..

Any summons, notice or process in the case may, hence forward, be issued to me at the above address until I file notice of change. If this address is changed I shall forthwith file a Uttar Pradesh notice of change containing all the new particulars.

Plaintiff.
Defendants.
Appellant.
Respondent.
Signature of party

Or

I file the above address according to the instructions given by my client (name) ……….. (and capacity).

Signature of Pleader

N.B.-This form when received by the Court must be stamped with the date of its receipts and filed with the record of the pending suit or matter.

No. 18
NOTICE OF CHANGE OF FOR SERVICE

Under Order VII, rules 19-26; Order VIII, rules 11 and 12; Order XLI; rule 38; Order XLVI, rule 8; Order XLVII, rule 10; Order LII, rule 1.

IN THE COURT OF THE ……… OF ………………………….

Original Suit/or Case No. ………….. of 19…./20….

…………………………………………………. Plaintiff

Versus
…………………………………………………. Defendant

This address shall be within the local limits of the District Court within which the suit is filed, or of the District Court within which the party ordinarily resides, if within the limits of the Uttar Pradesh, but within the limits of any other Province:

Name, parentage and caste Residence Pargana or Tahsil Post Officer District

Dated ………….

Any summons, notice, or process in the case may, hence forward, be issued to me at the above address until I file notice of change. If this address is again charged I shall forthwith file a notice of change containing all the new particulars.

Plaintiff.
Defendants.
Appellant.
Respondent.
Signature or party

Or

I file the above address according to the instructions given by my client (name) …………… (and capacity)……………

Signature of pleader.

N. B.-This form when received by the Court must be stamped with the date of its receipt and filed with the record of the pending suit or matter.

No. 19
VAKALATNAMA

In the Court ……………….. Suit/Miscellaneous case/Civil Appeal/Execution Case No, ………………. of 19…./20….,

fixed for Plaintiff/Appellant/Applicant/D.H………….

Defendant/ Respondent/Opposite Party/ J.D. Vakalamama of Plaintiff/Appellant Applicant/ D.H./ Defendant/Respondent/Opposite Party/J.D,

In the case noted above Sri…………. each of Sarvasri………. Advocate, is hereby appointed as counsel, to appeals, plead and act on behalf of the undersigned, in any manner, he thinks it proper, either himself or through any other Advocate, and in particular to do the following, namely,-

To receive any process of Court (including any notice from any appellate or revisional Court), to file any applications, petitions or pleadings, to file, produce or receive back any documents, to withdraw or compromise the proceedings, to refer any matter to arbitration, to deposit or withdraw any moneys, co execute any decree or order, to certify payment, and receive any money due under such decree or order.

The undersigned should be bound by all whatsoever may be done in the aforesaid case (including any appeal or revision therefrom) for and on behalf of the undersigned by any of the said counsel.

Signature…………

Name in full………

Date……………..

Attesting Witness:

Name in full……………

Address………………..

Date…………………..

Accepted/Accepted on the strength of the signature of the attesting witnesses.”

SCH. II. THE SECOND SCHEDULE

THE SECOND SCHEDULE

[Arbitration.]

Rep. by the Arbitration Act, 1940 (10 of 1940) s. 49(1) and Third Sch.

SCH. III. THE THIRD SCHEDULE

THE THIRD SCHEDULE

[Execution of Decrees by Collectors.]

Rep. by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), s. 15. (w.e.f. 2-12-1956)

SCH. IV. THE FOURTH SCHEDULE

THE FOURTH SCHEDULE

[Enactments amended.]

Rep. by the Repealing and Amending Act, 1952 (48 of 1952), s. 2 and Sch. I. (w.e.f. 2-8-1952)

SCH. V. THE FIFTH SCHEDULE

SCH. V. THE FIFTH SCHEDULE

[Enactments repealed.]

Rep. by the Second Repealing and Amending Act, 1914 (17 of 1914), s. 3 and Sch. II.

Civil Procedure Code 1908 – 1st Page
Civil Procedure Code 1908 – 2nd Page
Civil Procedure Code 1908 – 3rd Page

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