Chapter
No.
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Particulars
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| PART
- I |
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PART
- II
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Rules
Relating To The Jurisdiction Of The High Court On Its Original Side
|
Chapter-I
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Original
Jurisdiction
|
Chapter-II
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Vacations
And Holidays
|
Chapter-III
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Rules
Applicable To All Offices On The Original Side
|
Chapter-IV
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|
Institution
Of The Suit |
Chapter-V
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|
Minors
And Persons Of Unsound Mind
|
Chapter-VI
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|
Writ
Of Summons
|
Chapter-VII
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|
Written
Statement, Set-Off And Counter-Claim
|
Chapter-VIII
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|
Third
Party Procedure
|
Chapter-IX
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Chamber
Work
|
Chapter-X
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Notices
Of Motion
|
Chapter-XI
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-Matters
Arising Pending Suit
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|
-Discovery
And Inspection
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-Change
And Discharge Of Advocate
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Chapter-XII
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Affidavits
|
Chapter-XIII
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Suits
By Indigent Persons
|
Chapter-XIV
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Summary
Suits
|
Chapter-XV
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Commercial
Causes
|
Chapter-XVI
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Administration
Suits
|
Chapter-XVII
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Originating
Summons
|
Chapter-XVIII
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Computation
Of Time And Power To Enlarge Or Abridge Time
|
Chapter-XIX
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Search
And Certified Copies
|
Chapter-XX
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-
Proceedings At The Hearing Of Suits And Upto And Inclusive Of Decrees
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-
Decrees And Orders Passed In Courts
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Chapter-XXI
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Arrest
And Attachment Before Judgment
|
Chapter-XXII
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Execution
Of Decrees And Orders
|
Chapter-XXIII
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Garnishee
Proceedings
|
Chapter-XXIV
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Guardians
Of Minors And Of Persons Of Unsound Mind
|
Chapter-XXV
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Receipts
And Payments By Officers Of The Court
|
Chapter-XXVI
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Testamentary
And Intestate Jurisdiction
|
Chapter-XXVII
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Security
|
Chapter-XXVIII
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Office
Of The Sheriff Of Bombay
|
Chapter-XXIX
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|
-
Office Of The Commissioner For Taking Accounts
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-
Sale Of Properties
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-
Settling Proclamation Of Sale In Execution
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-
Miscellaneous
|
Chapter-XXXI
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Taxation
And Advocate Fee
|
Chapter-XXXII
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Office
Of The Chief Translator And Interpreter
|
Chapter-XXXIII
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Rules
For The Issue Of Writs Under Article 226 Of Constitution Other Then
Habeas Corpus
|
Chapter-XXXIV
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|
Rules
Relating To Reference Under The Land Acquisition Act, 1894 (Act No. I
of 1894)
|
Chapter-XXXV
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|
Rules
Relating To Reference And Applications Under Section 256 Of The Income
Tax Act, 1961 ( Act No. 43 of 1961)
|
Chapter-XXXVI
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|
Rules
Relating To Reference And Applications Under Section 27 Of The Wealth
Tax Act,1957 (Act No 27 of 1957)
|
Chapter-XXXVII
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Rules
Relating To Reference And Applications Under Section 64 Of The Estate
Duty Act, 1953 (Act No. 34 of 1953)
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Chapter-XXXVIII
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Rules
Relating To Refereces And Applications Under Section 26 Of The Gift-Tax
Act,1958 (Act No. 18 of 1958)
|
Chapter-XXXIX
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|
Rules
Relating To References And Application Under Section 61 Of The Bombay
Sales Tax Act, 1959 (Act No. 51 of 1959)
|
Chapter-XL
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|
Rules
Under The Banking Regulations Act, 1949 (Act No. 10 of 1949)
|
Chapter-XLI
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Rules
Under The Arbitration Act, 1940 (Act No. 10 of 1940)
|
Chapter-XLII
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Rules
Under The Arbitration (Protocol And Convention) Act, 1937 (Act No. 6 of
1937)
|
Chapter-XLIII
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|
Rules
Under The Foreign Awards (Recognition And Enforcement) Act, 1961
(Act No. 45 of 1961)
|
Chapter-XLIII-A
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Rules
Relating To Arbitration And Conciliation Act, 1996
|
Chapter-XLIV
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Rules
Under The Indian Divorce Act,1869 (Act No. 4 of 1869)
|
Chapter-XLV
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Rules
Under The Trade And Merchandise Marks Act, 1958 (Act No. 43 of 1958)
|
Chapter-XLVI
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Rules
Under The Insurance Act, 1938 (Act No. 4 of 1938)
|
Chapter-XLVII
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Rules
Under The Transfer Of Property Act, 1882 (Act No. 4 of 1882)
|
Chapter-XLVIII
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Rules
Under The Indian Trusts Act, 1882 (Act No. 2 of 1882)
|
Chapter-XLIX
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Rules
Under The Powers Of Attorney Act, 1882 (Act No. 7 of 1882)
|
Chapter-L
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|
Rules
Relating To Cases Under The Charterd Accountants Act, 1949
(Act No. 37 of 1949)
|
Chapter-LI
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Review
|
Chapter-LII
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|
Appeals
|
Chapter-LIII
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Appeals
To The Supreme Court
|
Chapter-LIII-A
|
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Transfer
Of Cases Under Article 139-A Of The Constitution
|
Chapter-LIV
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|
Audit
Of Accounts
|
Chapter-LV
|
|
Rules
Relating To Reference And Applications Under Section 130 Of The Customs
Act, 1962 (Act No. 130 of 1962)
|
Chapter-LVI
|
|
Rules
Relating To References And Applications Under Section 35 Of The Central
Excises And Salt Act, 1944
|
Chapter-LVII
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|
Rules
Relating To Reference And Applications Under Section 82 Of The Gold
(Control) Act, 1986 (Act No. 82 of 1978)
|
Chapter-LVIII
|
|
Rules
To Regulate Proceedings For Contempt Under Article 215 Of The
Constitution Of India And The Contempt Of Courts Act, 1971
|
Chapter-LIX
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Rules
Relating To Cases Under The Company Secretaries Act, 1980
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SHEDULE
OF FORMS |
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PART
- I
ADVOCATE AND REGISTERED CLERKS
|
1
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Appearance
of Advocates of the
other High Courts on the Original Side
|
2
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Definitions
|
3
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Application
by Advocate for registration
|
4
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Office
to maintain REgister
|
5
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Advocate
shall not act if not registered
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6
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Office
Address
|
7
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Joint
Vakalatnama
|
8
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Registered
Clerk
|
9
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|
Removal
of name of Clerk from Register
|
10
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|
Advocate
to keep accounts
|
11
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|
Obligation
to pay money into a "Client Account"
|
12
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What
money to be paid into a "Client Account"
|
13
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What
moneys to be withdrawn from a "Client Account"
|
14
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Inapplicability
of Rules 11, 12 and 13 in certain cases
|
15
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Production
of accounts for inspection
|
16
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Right
to lien, set-off etc., not affected
|
17
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Appearance
in pending cases to be treated as Vakalatnama
|
18
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Rules
in addition to the rules framed otherwise
|
19
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Reference
to attorney to mean Advocate
|
20
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Certificate
as an attorney
|
21
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|
Dress
of Advocates
|
22
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Advocate
not to appear and plead for parties on both sides
|
23
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Advocate
for the Official Liquidator not to act, appear or plead for any other
party in matters arising in widning up of Company
|
24
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|
Designation
of Advocate as Senior Advocate
|
25
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Application
of Rules to Advocate, Supreme Court, mutatis
mutandis
|
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PART
- II
RULES RELATING TO THE
JURISDICTION OF THE HIGH COURT ON ITS ORIGINAL SIDE
CHAPTER
I
- Original Jurisdiction
|
26
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Holding
of Court on Original Side
|
27
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|
Assignment
of work to be made by the Chief Justice
|
28
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Reference
to two or more Judges
|
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CHAPTER
II
Vacations And Holidays
|
29
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|
Vacations
|
30
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|
Holidays
|
31
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Applications
in vacation and on holidays
|
31-A
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Matters
to be dealt with by a Single Judge during Vacations and Holidays
|
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CHAPTER III
Rules Applicable To All
Offices On The Original Side
|
32
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Separate
books to be kept for each year
|
33
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Keeping
of records
|
34
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Account
of Stamps
|
35
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Receipts
of documents by Officers
|
36
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|
No
Officer to be receiver or guardian without previous sanction
|
37
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|
No
Officer or Sheriff or Advocate to be surety or bail
|
38
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|
Consequences
of default in payment of fees
|
39
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|
Late
payment when deemed to be made
|
40
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|
Report
of personal fees and honoraria
|
41
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Performance
of duties during the temporary absence of the Head of an Office.
|
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CHAPTER IV
Institution Of The Suit
|
42
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Plaint
|
43
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Particulars
of claim to be annexed to plaint
|
44
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Plaint
to be verified and before whom
|
45
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Plaint
to be lodged before presentation
|
46
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Plant
to be properly stamped
|
47
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Endorsement
on admission
|
48
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|
Official
titile only of Advocate General to appear in suit by or against him
Relators
|
49
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|
Form
of appearance Vakalatnama to be filed on behalf of a party
|
50
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Address
for service
|
51
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Acceptance
of service by Advocate on behalf of client
|
52
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|
Party
re-presented by Advocate not entitled to act or appear in person
|
53
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|
Parties
in person to attend personally or supply address and postage if
desiring information regarding his matter by post at the time of
presentation.
|
54
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|
Rules
42 and 44 to apply to all pleadings etc.
|
55
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Petitions
to be on oath
|
56
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|
Forms
of appearance or vakalatnama in petitions etc.
|
57
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|
General
List of suits
|
58
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|
Prospective
List of suits
|
59
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|
Working
of Prospective List
|
60
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Transfer
of suit to Stayed List"A"
|
61
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|
Transfer
of suit to Stayed List "B"
|
62
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|
Removal
of a suit for trial to High Court from any subordinate Court
|
|
|
CHAPTER V
Minors And Persons Of Unsound
Mind
|
63
|
|
Next
friend of minor to make affidavit Order of appointment unnecessary
|
64
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Procedure
by petition when defendant is a minor
|
65
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|
Person
eligible to be guardian-ad-litem
|
66
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Procedure
when plaintiff unable to obtain consent of persons eligible
|
67
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Service
of summons on guardian-ad-litem |
68
|
|
Application
of Rules 63 to 67 to persons of unsound mind
|
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CHAPTER VI
Writ Of summons
|
69
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|
Summons
to defendant
|
70
|
|
Name
and address of the party or of the Advocate to be stated in every
process
|
71
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|
Summonses,
etc., how attested and signed
|
72
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|
Sealing
of summons, rule, decree
|
73
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|
Returnable
date of summons in matrimonial suits and hearing of such suits
|
74
|
|
In
suits other then matrimonial and summary suits, writ of summons to
specify the time for filing an
appearance or vakalatnama and written statement.
|
75
|
|
(1)
Returnable date of summons in suits other then matrimonal and summary
suits
(2) Such suits to be placed on Board for directions
|
76
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|
Mode
of service of summons
|
77
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|
Writ
of summons and other process not to be served on Saturdays, Sundays and
Holidays.
|
78
|
|
Service
at Advocate's Office not to be effected after 5-30 p.m.
|
79
|
|
Undertaking
by Advocate to accept service
|
80
|
|
Only
one writ may be served, when Advocate appears for serveral defendants
|
81
|
|
Copy
plaint to be furnished to the defendant
|
82
|
|
Power
to direct issue of fresh summons
|
83
|
|
Service
of notice on Attorney-General or Advocate-General
|
84
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|
Proof
of service of summons
|
85
|
|
When
service through Court
|
86
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|
Substituted
service
|
87
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|
Suits
to be placed on Board for dismissal if summons not served within six
months
|
|
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CHAPTER VII
Written Statement, Set-Off
And Counter-Claim
|
88
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|
Time
for filing appearance or vakalatnama by the defendant
|
89
|
|
In
default of filing appearance or vakalatnama and written-statement, suit
may be set down on Board as undefended.
|
90
|
|
Judgment
for want of written-statement
|
91
|
|
In
default of written statement defendant may appear with the Leave of the
Court or the Judge in Chambers
|
92
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|
Written-statement
by plaintiff
|
93
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|
Set-off
by defendant
|
94
|
|
Judge
may disallow set-off
|
95
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|
Counter-claim
by defendant
|
96
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|
Grounds
in support of counter-claim to be specifically stated
|
97
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Title
of counter-claim
|
98
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|
Claim
against person, not party
|
99
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|
Appearance
by third parties
|
100
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|
Reply
to counter-claim
|
101
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|
Exclusion
of counter-claim
|
102
|
|
Discontinuance
of suit
|
103
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|
Defendant
to counter-claim in default
|
104
|
|
Judgment
for balance
|
105
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|
Payment
with denial of liability
|
106
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|
Mode
of withdrawing money paid with denial of liability
|
|
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CHAPTER VIII
Third Party Procedure
|
107
|
|
Third
party notice
|
108
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|
Form
and service of notice
|
109
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|
Effect
of service of notice
|
110
|
|
Third
party to enter appearance or vakalatnama
|
111
|
|
Consequence
of failure to enter appearance or vakalatnama
|
112
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|
Decree
when thrid party makes default in appearance or vakalatnama
|
113
|
|
Third
party to file affidavit in reply
|
114
|
|
Appearance
or vakalatnama of thrid party. Directions to be given
|
115
|
|
Defendant
to take out Chamber Summons for directions in certain cases
|
116
|
|
Costs
|
117
|
|
Setting
aside thrid party proceedings
|
118
|
|
Right
of the thrid party and of each successive thrid party to apply for
thrid party notice against othe persons
|
119
|
|
Right
of defendant to issue thrid party notice against co-defendant
|
120
|
|
Third
party proceedings in a counter-claim
|
|
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|
121
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|
Matters
to be disposed of by the Judge in Chambers
|
122
|
|
Matter
before Judge in Chambers may be referred to Court and vice versa
|
123
|
|
Application
to confirm report on a reference made in Chambers
|
124
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|
Chamber-work
|
125
|
|
Disposal
of Chamber work in Testamentary and Intestate matters and Commercial
causes.
|
126
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|
Chamber
Summons
|
127
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|
Service
of Chamber Summons
|
128
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|
Mode
of Service
|
129
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|
Time
for filing Chamber Summons and affidavits
|
130
|
|
Vexatious
or improper summons
|
131
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|
Delegation
of the Chamber Judge's powers to the Prothonotary and Senior Master and
Additional Prothonotary and Senior Master
|
132
|
|
Registered
Clerks of Advocates on written authority permitted to appear in Chamber
matter before Prothonotary and Senior Master
|
133
|
|
Adjournment
of matter to Judge
|
134
|
|
Interlocutory
orders passed in Chambers not to be drawn up
|
135
|
|
Drawing
up decrees and orders passed in chambers
|
136
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|
Drawing
up decrees or order in urgent cases
|
137
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|
Error
in decrees and orders
|
138
|
|
Issuing
and filing of minutes of decrees or order
|
139
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|
Arrangement
of record of Chamber Summons after disposal
|
|
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CHAPTER X
Notices Of Motion
|
140
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|
Notices
of Motion to be made returnable on Fridays
|
141
|
|
Short
service of Notice of Motion
|
142
|
|
Notice
of Motion
|
143
|
|
Service
of Notice of Motion
|
144
|
|
Time
for filing Notice of Motion and Affidavits
|
145
|
|
What
affidavits can be used at the bearing
|
146
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|
Notice
for production of record
|
147
|
|
Application
for interim relief
|
148
|
|
Undertaking
to pay damages to be given by party applying for interim reliefs
|
149
|
|
Arrangement
of record of Notice of Motion after disposal
|
|
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CHAPTER XI
Matters Arising Pending Suit
|
150
|
|
Exparte
application for formal
amendment of pleadings and other documents
|
151
|
|
Amendment
how to be made
|
152
|
|
Attestation
of amendment
|
153
|
|
Postponement
of suits by Prothonotary and Senior Master
|
154
|
|
Postponement
of petitions etc. by Prothonotary and Senior Master
|
155
|
|
Postponement
in peremptorily adjourned suits
|
156
|
|
Application
affecting the daily board of a Judge to be made to that Judge
|
157
|
|
Directions
to be given
|
158
|
|
No
affidavit to be made
|
159
|
|
Duty
to make all interlocutory applications when suit on board for directions
|
160
|
|
subsequent
application
|
161
|
|
Further
written statement by leave may be filed
|
162
|
|
Plaintiff's
confession of such defence and procedure thereon
|
163
|
|
Prothonotary
and Senior Master may draw up Order for dismissal or withdrawal of suit
|
|
|
|
164
|
|
Agent
may make affidavit of documents when a party is not residing in Greater
Bombay
|
165
|
|
Procedure
where the affidavit is required to be made by absent party personally
|
166
|
|
Copies
of photographs, if relied on, to be furnished to the other side on
payment of charges
|
167
|
|
Notice
of application for interrogatories
|
168
|
|
Service
of the order for discovery
|
169
|
|
Service
on Advocate of order for interrogatories or discovery or inspection
|
170
|
|
Liability
of the Advocate to pay costs for neglect
|
171
|
|
Discovery
against Sheriff
|
172
|
|
Effect
of non-disclosure of documents
|
173
|
|
Removal
of suits and matters from the list of references to the Commissioner
and placing them on board for directions
|
174
|
|
Application
for examination of witness under Order 18, Rule 16 or Section 76 or
Order 26, Rules 1 and 4 of the Code of Civil Procedure
|
175
|
|
Examination
of witness under Order 18, Rule 16 or Order 26, Rule 1 of the Code of
Civil Procedure
|
176
|
|
Procedure
when evidence is to be taken on interrogatories
|
177
|
|
Preparation
etc. of Commission
|
178
|
|
Deposit
of fees of the Commissioner
|
179
|
|
Procedure
in examination of witness
|
180
|
|
Deposition
of witness to be read over to and signed by him
|
181
|
|
Order
necessary for summons to witness outside local limits
|
182
|
|
(a)
Order necessary for production of public documents
|
|
|
(b)
Substitution of Letter of Request for witness summons
|
183
|
|
Payment
of expenses and allowances of witness
|
184
|
|
When
witness disentitled to payment of expenses and allowances
|
185
|
|
Enforcement
of payment of expenses and allowances
|
186
|
|
Duration
of Advocate's retainer
|
|
|
Change
And Discharge Of
Advocate
|
187
|
|
Client's
application for discharge or change of his Advocate
|
188
|
|
Advocate's
application for his discharge
|
189
|
|
Responsibility
of Advocate for payment of fees
|
189A
|
|
* * * * *
|
|
|
|
190
|
|
Evidence
on petition, notice of motion or Chamber Summons
|
191
|
|
Title
of affidavits
|
192
|
|
Form
of affidavit
|
193
|
|
Affidavit
to be in the first person
|
194
|
|
Description
and abode of deponent to be stated
|
195
|
|
Affidavit
by two or more deponents
|
196
|
|
Before
whom affidavits to be sworn
|
197
|
|
Officers
appointed to administer oaths
|
198
|
|
Every
exhibit to be dated and initialled
|
199
|
|
Place
of administering oath to be stated when oath administered outside Court
House
|
200
|
|
Affidavit
not to be filed unless properly endorsed
|
201
|
|
Affidavit
to be filed before use in Court or Chambers
|
202
|
|
Special
time for filing affidavits
|
203
|
|
Alteration
in affidavits
|
204
|
|
Use
of defective affidavits
|
205
|
|
Affidavit
by blind person
|
206
|
|
Scandalous
matters
|
207
|
|
Procedure
when affidavit is to be sworn outside Court House
|
208
|
|
Procedure
when affidavit is to be sworn outside India
|
209
|
|
Affidavit
to include plaint etc.
|
|
|
CHAPTER XIII
Suits By Indigent Persons
|
210
|
|
Definition
of the word "indigent"
|
211
|
|
Defendant
may be allowed to defend as an indigent person
|
212
|
|
Application
by an indigent person for leave to be by petition
|
213
|
|
Notice
for investigation
|
214
|
|
Suit
in ordinary form may be continued as by an indigent person
|
215
|
|
Advocate
may be appointed for indigent person
|
216
|
|
Duty
of Advocate in suits or matters by indigent persons
|
217
|
|
No
fees to be taken from indigent person
|
218
|
|
No
compromise without leave of Court
|
219
|
|
Direction
for payment of court-fees in every decree or order
|
220
|
|
Memo
of fees to Government Advocate
|
|
|
CHAPTER XIV
Summary Suits
|
221
|
|
Summons
for judgment
|
222
|
|
Judgment
for part of claim
|
223
|
|
Where
one defendant has good defence but another has not
|
224
|
|
Default
in completing security or carrying out directions
|
225
|
|
Setting
down of summary suits for hearing
|
226
|
|
Defendant's
default in filing appearance or Vakalatnama
|
227
|
|
When
no decree applied for within six months
|
|
|
CHAPTER
XV
Commercial Causes
|
228
|
|
What
are Commercial Causes ?
|
229
|
|
Lodging
of plaints
|
230
|
|
Transfer
to List of Commercial Causes
|
231
|
|
Transfer
of Summary Suits to Commercial List
|
232
|
|
List
of Commercial Causes
|
233
|
|
Interlocutory
orders with a view to have speedy determination of the suit
|
234
|
|
Rules
158 and 159 to apply to Suits to be transferred to Commercial List
|
235
|
|
Rules
90 and 160 to apply to suit transferred to Commercial List
|
236
|
|
Decision
on Judge may by consent be final
|
|
|
CHAPTER
XVI
Administration Suits
|
237
|
|
Chamber
Summons to classify interest of parties and to nominate advocates.
|
|
|
CHAPTER
XVII
Originating Summons
|
238
|
|
Who
may apply for the issue of Originating Summons and in respect of what
matters
|
239
|
|
Order
for administration of estate or of the trust
|
240
|
|
Persons
to be served with the summons
|
241
|
|
Vendor
or purchaser may apply for the issue of Originating Summons
|
242
|
|
Persons
to be served with such summons
|
243
|
|
Mortgagee
or Mortgagor may apply for issue of Originating Summons
|
244
|
|
A
partner may apply for issue of Originating Summons
|
245
|
|
Persons
interested under deed, etc. may apply for issue of Originating Summons
|
246
|
|
Court
not bound to determine question of construction
|
247
|
|
Upon
what person Originating Summons under rules 243 and 245 to be served
|
248
|
|
Service
on other persons by direction
|
249
|
|
Plaint
to be filed
|
250
|
|
Plaint
to be numbered with letters O.S.
|
251
|
|
Service
of Originating Summons
|
252
|
|
Returnable
date of Originating Summons
|
253
|
|
No
obligation to file written statement or affidavit in reply
|
254
|
|
When
Originating Summons may be supported by evidence
|
255
|
|
What
may be done on hearing Originating Summons
|
256
|
|
When
costs of Originating Summons may be allowed as in a defended suit
|
257
|
|
When
costs of Ordinary suit may be allowed as in an Originating Summons
|
258
|
|
Order
made on Originating Summons to be drawn up as decree of Court
|
259
|
|
Directions
as to carriage or execution of decree
|
260
|
|
Subsequent
summons about same estate
|
261
|
|
Order
II, Rule 2 of the Code of Civil Procedure not to apply to plaints filed
in support of Originating Summons
|
|
|
CHAPTER
XVIII
Computation Of Time And Power To Enlarge Or Abridge Tme
|
262
|
|
Computation
of time
|
263
|
|
"Month"
means calendar month
|
264
|
|
The
time for giving security for costs when not to be reckoned
|
265
|
|
Power
of Court or Judge to enlarge or abridge time
|
266
|
|
Enlargement
of time by consent
|
|
|
CHAPTER
XIX
Search And Certified Copies
|
267
|
|
Search
and certified copies of documents to a party to suit or matter
|
268
|
|
Search
and certified copies of documents to a person not a party to suit or
matter
|
269
|
|
Deposit
for certified copies
|
270
|
|
Charges
for certified copies
|
271
|
|
Application
to state whether copy is required for private use or otherwise
|
272
|
|
Application
for copies liable to stamp-duty
|
272A
|
|
Private
copies may be certified as true copies
|
273
|
|
The
above rules to apply to certain other offices
|
|
|
CHAPTER
XX
Proceedings at The Hearing Of Suits And Upto And Inclusive Of
Decrees
|
274
|
|
Evidence,
how taken
|
275
|
|
Endorsement
under Order XIII, Rule 4 of the Code of Civil Procedure
|
276
|
|
Extracts
from or entries in document admitted in evidence to be initialled and
marked
|
277
|
|
Translation
of entry to be marked instead of a copy thereof
|
278
|
|
Proceedings
in another suit how put in as evidence
|
279
|
|
Exemption
to Muslims from appearance on certain days
|
280
|
|
Exhibits
to be officially translated
|
281
|
|
Personal
liability of Advocatge on record to pay costs
|
282
|
|
Order
for Postponement
|
283
|
|
Return
of Plaint
|
284
|
|
No
decree unless suit on board
|
285
|
|
Payment
of costs to be condition precedent in the order for withdrawal of suit
with liberty to file fresh suit.
|
286
|
|
Dismissal
of suit on application of plaintiff, to be a bar to fresh suit
|
287
|
|
Dismissal
under Order XXV, Rule 2, Civil Procedure Code to be a bar to fresh suit
|
288
|
|
Disposal
of suit without report to be notified to Commissioner
|
289
|
|
Decree
for maintenance
|
290
|
|
When
Judge may order application for administration, etc. to stand-over
|
291
|
|
Costs
of inquiry as regards right to legacy etc.
|
292
|
|
Distribution
not to be delayed by difficulties as to some shares
|
293
|
|
Sale
and sub-division of securities implied in order for payment out of fund
|
294
|
|
Post
or ante-dating of decrees
|
295
|
|
Liberty
to apply implied in decree or order that is not final
|
296
|
|
Judgment,
how passed
|
297
|
|
Issuing
and filing of minutes of decrees or orders passed in Court
|
298
|
|
Contents
of decree
|
|
|
DECREES
AND ORDERS PASSED IN
COURT
|
299
|
|
Interlocutory
orders passed in Court not to be drawn up
|
300
|
|
Drawing
up decrees and orders passed in Court
|
301
|
|
Drawing
up decrees in urgent cases
|
302
|
|
Prothonotary
and Senior Master may proceed ex-parte
|
303
|
|
Draft
decree or order may be submitted to Judge
|
304
|
|
Errors,
how rectified after decree or order is sealed
|
305
|
|
Applications
for return of exhibits must be made within ten days
|
306
|
|
Return
of exhibits
|
|
|
CHAPTER
XXI
Arrest And Attachment Before Judgment
|
307
|
|
Arrest
and attachment before judgment
|
308
|
|
Conditional
attachment, duration of
|
309
|
|
Rules
332 and 333 to apply
|
310
|
|
Procedure
on the surety rendering the principal or principal surrendering himself
|
311
|
|
When
principal may be rendered
|
312
|
|
Stay
of proceedings
|
|
|
CHAPTER
XXII
Execution Of Decrees And Orders
|
313
|
|
Form
of application for execution
|
314
|
|
Certified
copy of decree or order or Minutes to accompany application for
execution Judge may allow execution before sealing of decree or order
|
315
|
|
Application
for execution to be made to Prothonotary and Senior Master
|
316
|
|
Notice
under Order XXI, Rule 22 of the Code of Civil Procedure
|
317
|
|
Returnable
date of Notices
|
318
|
|
Prothonotary
and Senior Master not to issue execution simultaneously against person
and property
|
319
|
|
Application
for transmission of decree or order for execution
|
320
|
|
Transmission
of decree or order when provisions of order 21, Rule 22 apply
|
321
|
|
Certificate
of non-satisfaction when provisions of Order 21, Rule 22 apply
|
322
|
|
Stay
of execution on transmission
|
323
|
|
Transmission
of decree to two or more districts simultaneously
|
324
|
|
Procedure
when insufficient amount realised in first district
|
325
|
|
Procedure
when insufficient amount realised in second or succeeding districts
|
326
|
|
Procedure
when sufficient amount realised in execution
|
327
|
|
Return
of decree or order if provisions of Order 21, Rule 22 or Order 21, Rule
6 are not complied with
|
328
|
|
Return
of decree or order for non-prosecution
|
329
|
|
Non-prosecution
of application for execution
|
330
|
|
Reference
to Judge on refusal by Prothonotary and Senior Master
|
331
|
|
Application
for receiver in execution of decree or order
|
332
|
|
Costs
of execution to be specified on warrant of arrest
|
333
|
|
Costs
of execution to be specified on warrant of attachment
|
334
|
|
When
fresh application necessary
|
335
|
|
Payment
into Court when to be made
|
336
|
|
Payment
out of Court to be notified
|
337
|
|
Procedure
on realization by Sheriff
|
338
|
|
Notice
to all persons claiming to share to attend Judge in Chambers
|
339
|
|
Procedure
on such notice
|
340
|
|
On
realisation of monthly pay frequent certificates not to issue
|
341
|
|
Procedure
when judgment-creditor neglect to apply for certificate
|
342
|
|
When
such judgment-creditor alone entitled to payment
|
343
|
|
Acts
under Order XXI, Rules 34(5) and 80 of the Code of Civil Procedurfe to
be done by the Prothonotary and Senior Master
|
344
|
|
Procedure
in case of doubt or difficulty
|
|
|
Garnishee Notice
|
345
|
|
Garnishee
Notice
|
346
|
|
Procedure
when garnishee does not pay into Court or fails to appear
|
347
|
|
Procedure
when garnishee disputes his liability
|
348
|
|
If
notice is dismissed, attachment to standraised
|
349
|
|
Claim
of third person
|
350
|
|
Order
to be made on hearing thrid person
|
351
|
|
Order
against garnishee to be executable as a decree in favour of decree
holder
|
352
|
|
Discharge
of garnishee
|
353
|
|
Garnishee
proceedings against a firm
|
354
|
|
Costs
to be in the discretion of the Judge
|
|
|
CHAPTER
XXIV
Guardians Of Minors And Persons Of
Unsound Mind
|
355
|
(a)
|
Application
by foreigner for appointment as guardian of person or property of minor
|
|
(b)
|
Endorsement
of copies of orders to the Government of India.
|
356
|
|
Commissioner
to be informed of the appointment of a guardian of minor's property,
etc.
|
357
|
|
Instructions
to guardians
|
358
|
|
Deposit
of minor's moneys
|
359
|
|
Investment
of minor's money
|
360
|
|
Certain
rules to apply to guardians of minors
|
361
|
|
Commissioner's
Certificate to be obtained before depositing unascertained sum with
Accounts Officer
|
362
|
|
Ascertained
amount to be deposited and Accounts Officer's receipt to be produced
before Commissioner
|
363
|
|
Bond
by guardian of property of minor
|
364
|
|
Rules
in this Chapter to apply to persons of unsound mind
|
|
|
CHAPTER
XXV
Receipts And Payments By Officers Of
The Court
|
365
|
|
Time
for making cash deposits in Court
|
366
|
|
Applications
for withdrawal of securities or money lying with High Court Officers
|
367
|
|
Application
for issue of Certificate
|
367A
|
|
Withdrawal
of the amount by minors permanently residing outside Bombay on
attaining majority and in certain other cases
|
368
|
|
Written
authority of client requisite for payment to advocate on record
|
|
|
CHAPTER
XXVI
Testamentary And Intestate Jurisdiction
|
369
|
|
Definitions
|
370
|
|
Non-contentious
matters
|
371
|
|
Power
of the Prothonotary and Senior Master
|
372
|
|
Application
through Advocate or in person
|
373
|
|
Application
by parties in person Personal attendance
|
374
|
|
Application
for probate
|
375
|
|
Application
for Letters of Administration where the deceased has left a will
|
376
|
|
Application
for letters of Administration where the deceased died intestate
|
377
|
|
Application
for Succession Certificate
|
378
|
|
Name,
etc., of Petitioner and caveator in petition and caveat
|
379
|
|
Verification
of petition
|
380
|
|
Payment
of Court-fees
|
381
|
|
Certificate
of Prothonotary and Senior Master for Court-fee paid in advance
|
382
|
|
Delay
in application
|
383
|
|
Interlineations,
alterations, etc., in the Will should be sworn to by the attesting
witness
|
384
|
|
In
absence of attesting witness, other evidence to be produced
|
385
|
|
Production
of deed, paper, etc., referred to in will
|
386
|
|
Unsigned
or unattested Will
|
387
|
|
Attempted
cancellation to be accounted for
|
388
|
|
Application
for probate of nun-cupative or privileged Will
|
389
|
|
Disclosure
of all persons having prior right to the grant
|
390
|
|
Administration
to a creditor
|
391
|
|
Marking
Will
|
392
|
|
Proof
of identity
|
393
|
|
Renuncitation
of probate or letters of administration
|
394
|
|
Application
by constituted attorney
|
395
|
|
Proof
of execution of power of attorney
|
396
|
|
Notice
of application to whom to be given
|
397
|
|
Notice
to next-of-kin
|
398
|
|
Issue
and return of processes
|
399
|
|
Service
of citations
|
400
|
|
Service
by advertisement
|
401
|
|
Caveat
|
402
|
|
Affidavit
in support of caveat
|
403
|
|
Procedure
on affidavit in support of caveat being filed
|
404
|
|
Chamber
summons for directions
|
405
|
|
Notice
to prove Will in solemn form
|
406
|
|
Affidavit
opposing grant of succession certificate
|
407
|
|
Procedure
when two or more petitions for succession certificate are filed
|
408
|
|
Provisions
regarding indigent person to apply
|
409
|
|
Search
of proceedings
|
410
|
|
Ceertified
copies
|
411
|
|
Production
of pepers in High Court
|
412
|
|
Production
of papers in other Court
|
413
|
|
Grant
limited to State of Maharashtra
|
414
|
|
Grants
throughout India
|
415
|
|
Amendment
of grant to extend to India
|
416
|
|
Application
for extension of Succession Certificate
|
417
|
|
Limited
Letters of Administration
|
418
|
|
Limited
grant not to be issued to person entitled to general grant
|
419
|
|
Blind
or illiterate testator
|
420
|
|
Administration
Bond in the case of Letters of Administration
|
421
|
|
Administration
Bond in the case of Succession Certificate
|
422
|
|
Surety
to be justified in certain cases
|
423
|
|
Companies
as sureties
|
424
|
|
Attestation
of Bond
|
425
|
|
Application
under section 10 of the Administrators-General Act, 1963
|
426
|
|
Probates
etc., to be drawn up by the office
|
427
|
|
Schedules
of property etc., to be annexed to grant
|
428
|
|
Grant
under section 254 of the Indian Succession Act
|
429
|
|
Prothonotary
may refer a matter to the Judge
|
430
|
|
Registers
of grants
|
431
|
|
Certificate
under section 274(1)(a) of the Indian Succession Act
|
432
|
|
Bills
of costs in suits
|
433
|
|
Notice
by executor or administrator to creditors under section 360 and 367 of
the Indian Succession Act
|
434
|
|
Notice
to be given to parties of the filing of the account
|
435
|
|
Disposal
of petitions for non-prosecution
|
436
|
|
Practice
|
|
|
CHAPTER
XXVII
Security
|
437
|
|
Security
to be furnished to Prothonotary and Senior Master
|
438
|
|
Notice
to be given to the opposite party
|
439
|
|
Particular
of security to be furnished
|
440
|
|
Immovable
property offered as security
|
441
|
|
Surety
or sureties as security
|
442
|
|
Companies
or Corporations as sureties
|
443
|
|
Assignment
of Bond
|
444
|
|
Rules
in this chapter relating to Prothonotary to apply to other officers
|
|
|
CHAPTER
XXVIII
Office Of The Sheriff Of Bombay
|
445
|
|
Sheriff
to serve and execute process
|
446
|
|
Special
bailiff to execute process within limits
|
447
|
|
Special
bailiff to execute process beyond limits
|
448
|
|
Time
within which writ of summons to be lodged for service
|
449
|
|
Date
of lodging process to be noted on the process
|
450
|
|
Service
of certain notices
|
451
|
|
Sheriff
to execute all warrants
|
452
|
|
Warrant
for arrest of an insolvent
|
453
|
|
Battaki
when beaten
|
454
|
|
Writ
of summons and other process not to be served on Saturday, Sunday and
holidays
|
455
|
|
Service
at Advocate's Office not to be effected after 5.30 p.m.
|
456
|
|
Service
on Advocates
|
457
|
|
Service
by parties in person
|
458
|
|
Translation
of process to be served on person not knowing English
|
459
|
|
Service
of summons or process received from the Registrar, High Court,
Appellate Side
|
460
|
|
On
receipt of precept warrant of Attachment to issue
|
461
|
|
Deposit
of subsistence allowance with Warrant of Arrest
|
462
|
|
Judgment-creditor
to make a deposit with the Sheriff for incidental expenses of
maintenance of attached property
|
463
|
|
Sheriff
to insure attached property if necessary
|
464
|
|
Release
of person arrested or poperty attached before judgment
|
465
|
|
Judgment-debtor
to be released on the written request of the judgment-creditor
|
466
|
|
Attachment
to be withdrawn on the written request of the judgment-creditor
|
467
|
|
Levy
of sums mentioned in warrant of arrest or attachment
|
468
|
|
Release
of judgment-debtor and withdrawal of attachment on receipt or
realisation of moneys mentioned in the warrant
|
469
|
|
Proeuction
before Judge of persons arrested, order of committal, warrant of
committal
|
470
|
|
Production
of persons arrested after 8.00 p.m.
|
470
|
|
Superintendent
of jail to keep in custody person arrested or committed
|
472
|
|
Production
before Judge, under fresh warrant, of person already in custody
|
473
|
|
Application
for production of person in custody
|
474
|
|
Liability
for Sheriff's poundage
|
475
|
|
Advocate
to file in Sheriff's Office copy of Order releasing judgment-debtor or
raising attachment
|
476
|
|
Satisfaction
not to be entered without Sheriff's certificate
|
477
|
|
Payment
of money realised under warrant of arrest
Sheriff to certify receipt of money in other cases
Sheriff to levy the costs of Prothonotary's Order
|
478
|
|
Sheriff
to sell property of judgment-debtor and to credit sale proceeds to
Government, if unclaimed for one year
|
479
|
|
Proclamation
of sale in case of movable property
|
480
|
|
Proclamation
of sale in case of immovable property
|
481
|
|
Sale
of movable property subject to certain conditions
|
482
|
|
Sale
of immovable property subject to certain conditions
|
483
|
|
Rules
relating to arrest and attachment after judgment to apply to arrest and
attachment before judgment
|
484
|
|
Sheriff
may give authority to Deputy Sheriff
|
485
|
|
Sheriff
to include Deputy Shefiff, etc.
|
486
|
|
Performance
of Deputy Sheriff's duties during his absence
|
|
|
CHAPTER
XXIX
Office Of The Commissioner For
Taking Accounts
|
487
|
|
Copy
of decree or order to be filed
|
488
|
|
Party
filing copy of decree or order to apply for issue of notice
|
489
|
|
Service
of notice etc., on party concerned
|
490
|
|
Length
of service
|
491
|
|
Manner
of proceeding with the matter
|
492
|
|
Directions
for filing statements of account, objections and surcharges
|
493
|
|
Procedure
in default of filing statement of account
|
494
|
|
Just
allowance to be made
|
495
|
|
Commissioner
may remove matter from the file on default of appearance
|
496
|
|
Commissioner
may proceed ex-parte
|
497
|
|
Commissioner
may award costs of adjournment or costs on removal of matter
|
498
|
|
When
reference or matter not prosecuted, Commissioner may remove same from
file
|
499
|
|
Reference
or matter not to be restored without order
|
500
|
|
Procedure
on refusal or neglect of a party to do some act required to be done
|
501
|
|
Commissioner
may obtain process for attendance or for production of documents
|
502
|
|
Unofficial
translation of exhibit may be furnished to Commissioner
|
503
|
|
Registered
clerks of Advocates on written authority may be permitted to appear
before Commissioner
|
504
|
|
Appearance
on a claim made against the estate of a deceased person
|
505
|
|
Commissioner
may make interim report
|
506
|
|
Commissioner
to report if unable to make final report in time
|
507
|
|
Report
of Commissioner binding on parties unless discharged or varied
|
508
|
|
Execeptions
to Commissioner's Report and their hearing
|
509
|
|
Setting
down of suit for hearing on exceptions to Commissioner's report
|
510
|
|
Confirmation
of commissioner's Report, when exceptions not filed
|
511
|
|
Procedure
when no application made for confirmation
|
512
|
|
Procedure
when Receiver fails to file account. etc.
|
513
|
|
Upon
account being filed notice to proceed, etc. to issue
|
514
|
|
Commissioner's
certificate to be binding on parties unless discharged or varied
|
515
|
|
Party
dissatisfied with certificate to apply by chamber summons
|
|
|
|
516
|
|
Copy
of decree or order for sale to be filed
|
517
|
|
Sales
to be conducted by the Commissioner
|
518
|
|
Sale
to be to the highest bidder offering a sufficient sum
|
519
|
|
Carriage
of proceedings
|
520
|
|
Documents
of title to be left with the Commissioner, and to be subject to his
directions
|
521
|
|
Conditions
of sale
|
522
|
|
Proclamation,
notification, conditions of sale and bastract of title by whom to be
prepared
|
523
|
|
Settlement
of proclamation, notification, etc. |
524
|
|
Copies
of prolcamation, notification, etc., to be filed
|
525
|
|
Notification
of the sale
|
526
|
|
Prolcamation
of sale and mode of notifying sale
|
527
|
|
Reserve
Bid
|
528
|
|
Valuation
by approved valuer
|
529
|
|
Reserved
bid not to be divulged
|
530
|
|
Copy
of proclamation, notification and conditions of sale with translation
to be posted up
|
531
|
|
When
conditions of sale to be published and hand-bills distributed
|
532
|
|
Postponement
of sale
|
533
|
|
Notice
of postponement of sale to be given in newspapers
|
534
|
|
When
sale postponed, a new day to be fixed
|
535
|
|
Advocfate
of party having carriage of proceedings to be present at the sale
|
536
|
|
Proclamation,
notification and conditions of sale to be read out before sale
|
537
|
|
Bids
to be entered in the Commissioner's note-book
|
538
|
|
Postponement
of sale for want of sufficient bid
|
539
|
|
When
property sold, form of entry to be made in the Commissioner's note-book
|
540
|
|
Result
of sale to be entered in bidding paper
|
541
|
|
Agent
of purchaser to sign bidding paper as such
|
542
|
|
Proceedings
on a re-sale
|
543
|
|
Leaqve
to bid and to set-off
|
544
|
|
Leave
to mortgagee to bid and set-off
|
545
|
|
Application
of incumbrancer to be made a party to the suit or to join in the sale
|
546
|
|
Sale
of movable property
|
547
|
|
Sale
of immovable property
|
548
|
|
Application
to compel delivery of abstract
|
549
|
|
Questions
arising out of objections or requisitions
|
550
|
|
Determination
of the question whether a good title has been made out
|
551
|
|
Costs
of inquiry
|
552
|
|
Application
by purchaser for leave to pay purchase-money into Court
|
553
|
|
Application
by any other party against defaulting purchaser
|
554
|
|
Direction
for investment of purchase-money
|
555
|
|
Investment
of purchase-money
|
556
|
|
Purchaser
when deemed to have accepted the title
|
557
|
|
Purchase-money
not to be paid out without an Order
|
558
|
|
If
sale set aside, purchaser entitled to receive back his deposit,
purchase-money and amount of stamp-duty with costs
|
559
|
|
Bidding
not to be re-opened
|
560
|
|
Result
of sale to be certified
|
561
|
|
Sale
to be confirmed by the Court
|
562
|
|
Certificate
of Commissioner and of Prothonotary and Senior Master to be produced
for confirmation of sale
|
563
|
|
Possession
of immovable property
|
564
|
|
Possession
of movable property Transfer of securities and shares
|
565
|
|
Conveyance
|
566
|
|
Purchaser
to prepare conveyance
|
567
|
|
Failure
to return draft conveyance
|
568
|
|
Conveyance
to be settled by the Commissioner
|
569
|
|
Certificate
of approval
|
570
|
|
Certificate
of approval
|
571
|
|
Substitution
of name
|
572
|
|
Substitution
of names not allowed after execution of conveyance
|
573
|
|
When
additional price and additional stamp-duty to be paid into Court
|
574
|
|
One
application may be made for the substitution of names and confirmation
of sale
|
575
|
|
Extra
costs of obtaining substitution of names
|
576
|
|
Mortgagee
to include sharer in property which is subject matter of partition
suit, administration suit and partnership suit
|
577
|
|
Sale
by private contract
|
|
|
Settling
Proclamation Of Sale In Execution
|
578
|
|
Copy
of warrant of sale of property attached in execution to be lodged in
Commissioner's Office
|
579
|
|
Commissioner
may summon judgment-debtor to attend and produce title-deeds of his
property
|
580
|
|
Inquiry
before Commissioner as to matters specified in Order XXI, rule 66,
C.P.Code
|
581
|
|
Notice
to all persons to lodge claims against attached property
|
582
|
|
Time
to be fixed for investment of claims
|
583
|
|
Inquiry
into claims
|
584
|
|
On
completion of inquiry, a list of claims to be drawn up
|
| 585 |
|
Proclamation
of sale
|
|
|
Miscellaneous
|
586
|
|
Appeal
from decision of Commissioner
|
587
|
|
Rules
to apply to Special Commissioner
|
588
|
|
Commissioner
to include Assistant Commissioner, etc.
|
|
|
CHAPTER
XXX
Office Of The Receiver
|
589
|
|
Application
for appointment of Receiver
|
590
|
|
Security
to be given by a Receiver other then the Court Receiver
|
591
|
|
Fees
of Receiver
|
592
|
|
Court
Receiver to charge office expenses to estated
|
593
|
|
Investment
of moneys by the Court Receiver
|
594
|
(a)
|
Period
for filing Receiver's account with the Commissioner
|
|
(b)
|
Period
for filing the Court Receiver's account with the Commissioner
|
595
|
|
Form
of Receiver's account
|
596
|
|
Certified
copy of the minutes of the decree or order to be served on the Receiver
|
597
|
|
Provisions
for payment of Receiver's costs, etc.
|
598
|
|
Rules
in this chapter to apply to interim receiver and administrator pendente lite
|
599
|
|
Sales
by Court Receiver
|
|
|
CHAPTER
XXXI
Taxation And Advocate's Fee
|
600
|
|
Definitions
|
601
|
|
Time
for lodging Bill of costs by attorneys
|
602
|
|
Enlargement
of time
|
603
|
|
Fixed
costs in pending cases
|
604
|
|
Earlier
rules to apply in certain cases
|
605
|
|
Duty
of the attorney to return the papers on discharge
|
606
|
|
Computation
of Advocate's fee
|
607
|
|
Charges
for interpretation and administration of oath
|
608
|
|
Travelling
allowance of a public servant
|
609
|
|
Court's
power to fix costs where no provision is made
|
610
|
|
Rounding
off
|
|
|
CHAPTER
XXXII
Office Of The Chief Translator And
Interpreter
|
611
|
|
Translator's
Office to be in two parts and to be supervised by Prothonotary and
Senior Master and Registrar
|
612
|
|
oath
or affirmation to Translator and Interpreter
|
613
|
|
Registers
of work
|
614
|
|
Return
of work
|
615
|
|
Unofficial
translation or interpretation prohibited
|
616
|
|
Interpretation
of documents to blind persons
|
617
|
|
Interpretation
of documents to deaf and dumb persons
|
618
|
|
Interpretation
out of office hours
|
619
|
|
Rule
618 to apply to Special Interpreters
|
620
|
|
When
documents should be sent for translation
|
621
|
|
Deposit
to cover fees
|
622
|
|
Procedure
when reader's assistance is required
|
623
|
|
Translation
from dictation of reader when inadmissible in evidence
|
624
|
|
If
transcript is incorrect costs of fresh translation
|
625
|
|
Inspection
of documents lodged in Chief Translator's Office
|
626
|
|
Translation
of document in possession of the other side
|
627
|
|
Copy
of translation to be furnished to the other side
|
628
|
|
Intimation
of change of Advocate to be given to the office
|
629
|
|
Special
Translators and Interpreters
|
630
|
|
Translations
when admissible
|
631
|
|
Translation
may be ordered by Court
|
632
|
|
Sanction
for immediate Translation
|
633
|
|
Translator's
office to translate documents put in subject to translation
|
634
|
|
Translation
of documents not relating to High Court matters
|
635
|
|
Interpretation
of documents not relating to High Court matters
|
|
|
CHAPTER
XXXIII
Rules For The Issue Of Writs Under
Article 226 Of The Constitution Other Than Habeas Corpus
|
636
|
|
Application
for writ, etc., under Article 226 of the Constitution
|
637
|
|
Rule Nisi
|
638
|
|
Deleted
|
639
|
|
Interim
order
|
640
|
|
Service
of copy of petition and documents on respondent when interim orders
prayed for
|
641
|
|
Service
of rule nisi
|
642
|
|
Answer
to the petition
|
643
|
|
Service
of rule on other parties
|
644
|
|
The
Court may allow outsider to appear in certain cases
|
645
|
|
No
further affidavits allowed
|
646
|
|
Adjournment
for examination of witnesses
|
647
|
|
Execution
of orders
|
648
|
|
Costs
of appeals may be quantified
|
648A
|
|
A
provision of Rules 986 and 133 to apply to application under this
Chapter
|
|
|
CHAPTER
XXXIV
Rules Relating To References Under
The Land Acquisition Act, 1894
(Act No. I Of 1894)
|
649
|
|
Register
of Land Acquisition References
|
650
|
|
Collector
to furnish postal addresses of parties
|
651
|
|
Collector
to file notices etc.
|
652
|
|
Prothonotary
to issue notices
|
653
|
|
Notices
to be sent by registered post
|
654
|
|
Returnable
date of notice under sections 18 and 30
|
655
|
|
Application
for order under section 32 of the Land Acquisition Act
|
|
|
CHAPTER
XXXV
Rules Relating To References And
Applications Under Section 256 Of The Income Tax Act, 1961 (Act No. 43
Of 1961)
|
656
|
|
References
to be sent to the Prothonotary and Senior Master
|
657
|
|
Notice
of reference to party at whose instance reference is made
|
658
|
|
Filing
statement of case, issuing notice and fixing date for the hearing
|
659
|
|
Preparation
of Paper Book
|
660
|
|
Faliure
to file Paper Books
|
661
|
|
Application
under sub-section (2) of section 256
|
662
|
|
Placing
of application before the Court
|
663
|
|
Service
of Rule Nisi
|
664
|
|
Time
for furnishing copies of application
|
665
|
|
Answer
to rule nisi
|
666
|
|
A
copy of the Court's order and judgment to be sent to the Appellate
Tribuanal
|
667
|
|
References
and applications to be heard by a Bench
|
668
|
|
References
and applications pursuant to Act XXX of 1947
|
669
|
|
Rules
in this Chapter to apply to references and applications under section
66 of the Indian Income-tax Act, 1922
|
669A
|
|
* * * * *
|
669B
|
|
* * * * *
|
|
|
CHAPTER
XXXVI
Rules Relating To References And
Applications Under Section 27 Of The Wealth Tax Act, 1957 (Act No. 27
Of 1957)
|
670
|
|
References
to be sent to the Prothonotary and Senior Master
|
671
|
|
Notice
of reference to party at whose instance the reference is made
|
672
|
|
Filing
statement of case, issuing notice and fixing date for the hearing
|
673
|
|
Preparatin
of Paper Book
|
674
|
|
Failure
to file Paper Book
|
675
|
|
Application
under section 27(3)
|
676
|
|
Placing
of application before the Court
|
677
|
|
Service
of rule nisi
|
678
|
|
Time
for furnishing copies of application
|
679
|
|
Answer
to rule nisi
|
680
|
|
Copy
of the Court's Order and judgment to be sent to the Appellate Tribunal
|
681
|
|
References
and applications to be heard by a bench
|
681A
|
|
* * * * *
|
681B
|
|
* * * * *
|
|
|
CHAPTER
XXXVII
Rules Relating To References And
Applications Under Section 64 Of
The Estate Duty Act, 1953 (Act No. 34 Of 1953)
|
682
|
|
References
to be sent to the Prothonotary and Senior Master
|
683
|
|
Notice
of reference to party at whose instance reference is made
|
684
|
|
Filing
statement of case, issuing notice and fixing date for the hearing
|
685
|
|
Preparation
of Paper Book
|
686
|
|
Failure
to file Paper Books
|
687
|
|
Application
under section 64(3)
|
688
|
|
Placing
of application before the Court
|
689
|
|
Service
of Rule Nisi
|
690
|
|
Time
for furnishing copies of application
|
691
|
|
Answer
to Rule Nisi
|
692
|
|
Copy
of the Court's Order and judgment to be sent to the Appellate Tribunal
|
693
|
|
Reference
and applications to be heard by a Bench
|
|
|
CHAPTER
XXXVIII
Rules Relating To References And
Applications Under Section 26 Of
The Gift-Tax Act, 1958 (Act No. 18 Of 1958)
|
694
|
|
References
to be sent to the Prothonotary and Senior Master
|
695
|
|
Notice
of reference to party at whose instance the reference is made
|
696
|
|
Filing
statement of case, issuing notice and fixing date for the hearing
|
697
|
|
Preparation
of Paper Book
|
698
|
|
Failure
to file Paper Books
|
699
|
|
Application
under section 26(3)
|
700
|
|
Placing
of application before the Court
|
701
|
|
Service
of Rule Nisi
|
702
|
|
Time
for furnishing copies of application
|
703
|
|
Answer
to Rule Nisi
|
704
|
|
Copy
of the Court's Order and judgment to be sent to the Appellate Tribunal
|
705
|
|
References
and applications to be heard by a Bench
|
705-A
|
|
* * * * *
|
705-B
|
|
* * * * *
|
|
|
CHAPTER
XXXIX
Rules Relating To References And
Applications Under Section 61 Of
The Bombay Sales Tax Act, 1959 (Act No. 51 Of 1959)
|
706
|
|
References
to be sent to the Prothonotary and Senior Master
|
707
|
|
Notice
of reference to party at whose instance reference is made
|
708
|
|
Filing
statement of case, issuing notice and fixing date for the hearing
|
709
|
|
Preparation
of Paper Book
|
710
|
|
Failure
to file Paper Books
|
711
|
|
Application
to the High Court under section 61(1)
|
712
|
|
Placing
of application before the Court
|
713
|
|
Service
of Rule Nisi
|
714
|
|
Time
for furnishing copies of application
|
715
|
|
Answer
to Rule Nisi
|
716
|
|
Copy
of the Court's Order and judgment to be sent to the Tribunal
|
717
|
|
Reference
and applications to be heard by a bench
|
718
|
|
References
in this chapter to apply to references and applications under section
34 of the Bombay Sales Tax Act,1953
|
|
|
CHAPTER
XL
Rules Under The Banking Regulations
Act, 1949 (Act No. 10 of 1949)
|
719
|
|
Appliction
relating to Banking Companies within certain areas of the State of
Maharashtra
|
720
|
|
General
Headings
|
721
|
|
Presentation
and hearing of petitions under Part III or Part III-A of the Act
|
722
|
|
Notice
of petition
|
723
|
|
General
duties and powers of the Special Officer
|
724
|
|
Inspection
of the Report of the Reserve Bank of India
|
725
|
|
Applications
in winding up to be by petition
|
726
|
|
Notice
of petition
|
727
|
|
Affidavit
in answer
|
728
|
|
Directions
at the hearing of the petition
|
729
|
|
Transfer
of suits and proceedings to the High Court
|
730
|
|
Affidavit
in reply
|
731
|
|
When
proceedings not transferred, Court may request expedition of the same
|
732
|
|
List
of debtors
|
733
|
|
Service
of notice
|
734
|
|
Affidavit
in reply
|
735
|
|
Settlement
of the list of debtors
|
736
|
|
Official
Liquidator to report if he contests claims of depositors
|
737
|
|
Register
of suits in winding up matters
|
738
|
|
Hearing
of suits and matters
|
739
|
|
Procedure
in such suits
|
740
|
|
Application
for inspection of records
|
741
|
|
Recovery
of dues as arrears of land revenue
|
742
|
|
Supervision
of the carrying out of compromise or arrangement
|
743
|
|
These
rules to be in addition to Companies (Court) Rules of the Supreme Court
|
|
|
|
744
|
|
Appeal
to the High Court to be heard by Division Bench
|
745
|
|
Period
within which appeal should be filed
|
746
|
|
Appeals
|
|
|
|
747
|
|
Presentation
of complaints and issue of process
|
748
|
|
Process
in criminal cases
|
749
|
|
What
offences to be tried summarily
|
750
|
(1)
|
Procedure
in summary trials
|
|
(2)
|
Procedure
in non-summary trials
|
751
|
|
Bail
|
752
|
|
Accused
person to be competent witness
|
753
|
|
Compounding
of offences
|
|
|
|
754
|
(a)
|
Appeal
against conviction
|
|
(b)
|
Appeal
against acquittal
|
755
|
|
Period
of limitation
|
756
|
|
Application
to the trial Judge for a certificate
|
757
|
|
Appeals
to be filed with the Prothonotary and Senior Master
|
758
|
|
Memorandum
of Appeal
|
759
|
|
Procedure
on presentation of appeal
|
760
|
|
Admission
of appeals
|
761
|
|
Application
for bail in appeals
|
762
|
|
Application
for notes of evidence
|
763
|
|
Paper
Books to be prepared by Appellant and to be typed or cyclostyled
|
764
|
|
Paper
Books to be typed or cyclostyled on durable foolscap paper
|
765
|
|
Style
and size of appeal paper book when printed
|
766
|
|
Contents
of Paper Book
|
767
|
|
Filing
of Paper Book
|
768
|
|
Hearing
of appeals
|
769
|
|
Procedure
in default of filing of paper books
|
|
|
|
770
|
|
Section
5, Limitation Act, applicable
|
771
|
|
Code
of Civil Procedure, High Court Original Side Rules and Code of Criminal
Procedure to apply
|
|
|
Chapter XLI
Rules Under The Arbitration Act, 1940 (Act No. 10 of 1940)
|
772
|
|
Title
of application
|
773
|
|
Mode
of application
|
774
|
|
Contents
of petition
|
775
|
|
Fees
of the arbitrator and umpire
|
776
|
|
Notice
of filing application to person likely to be affected
|
777
|
|
Processes
to be issued on application by arbitrator or umpire
|
778
|
|
Application
to be accompanied by copy of arbitration agreement
|
779
|
|
Special
Case
|
780
|
|
Form
of the Special Case
|
781
|
|
Notice
|
782
|
|
Copy
of the Court's Order and judgment to be forwarded
|
783
|
|
Issue
of notice of application under section 20
|
784
|
|
Filing
of award
|
785
|
|
Arbitrator
or Umpire to make affidavit
|
786
|
|
Notice
of filing award
|
787
|
|
Time
for application for judgment on award
|
788
|
|
Mode
of applying for such judgment
|
789
|
|
Code
of Civil Procedure and High Court Original Side Rule to apply
|
|
|
Chapter
XLII
Rules Under The Arbitration (Protocol And Convention) Act, 1937
(Act No. 6 Of 1937)
|
790
|
|
Title
of application etc
|
791
|
|
Mode
of application
|
792
|
|
Contents
of petition
|
793
|
|
Stay
of proceedings under section 3 of the Act
|
794
|
|
Enforcement
of foreign award. Documents to be produced with petition
|
795
|
|
Procedure
to be followed in case of non-production of documents
|
796
|
|
Code
of Civil Procedure and High Court Original Side Rules to apply
|
|
|
Chapter
XLIII
Rules Under The Foreign Awards (Recognition
And Enforcement) Act, 1961
(Act No. 45 of 1961)
|
797
|
|
Title
of application etc
|
798
|
|
Mode
of application
|
799
|
|
Contents
of petition
|
800
|
|
Stay
of proceedings under section 3 of the Act
|
801
|
|
Enforcement
of foreign award. Documents to be produced with petition
|
802
|
|
Procedure
to be followed in case of non-production of documents with petition
|
803
|
|
Code
of Civil Procedure and High Court Original Side Rules to apply
|
|
|
Chapter
XLIII-A
Rules Relating To Arbitration And
Conciliation Act, 1996
|
803A
|
|
Title
of application
|
803B
|
|
Mode
of Application
|
803C
|
|
Contents
of Petition
|
803D
|
|
Fees
of the Arbitrator
|
803E
|
|
Notice
of filling application to persons likely to be affected
|
803F
|
|
Processes
to be issued on application by Arbitrator or a party
|
803G
|
|
* * * * *
|
803H
|
|
* * * * *
|
803I
|
|
* * * * *
|
803J
|
|
* * * * *
|
803K
|
|
* * * * *
|
|
|
Chapter
XLIV
Rules Under The Indian Divorce Act, 1869 (Act No. 4 of 1869)
|
804
|
|
Contents
of petition and prayer
|
805
|
|
Marriage
certificate to be annexed to petition
|
806
|
|
Verification
of petition
|
807
|
|
Co-respondent
in husband's petition
|
808
|
|
Intervener
in wife's petition
|
809
|
|
Notice
to appear and answer
|
810
|
|
Service
of petition and notice
|
811
|
|
Answer
to the petition
|
812
|
|
Answer
to be verified and to be served on parties concerned
|
813
|
|
Suit
may be stayed or proceeded with
|
814
|
|
Service
of decree nisi for dissolution of marriage
|
815
|
|
Service
of decree containing collateral matters
|
816
|
|
Service
of decree for judicial separation or restitution of conjugal rights
|
817
|
|
How
cause shown after decree nisi
|
818
|
|
Affidiavits
in reply and rejoinder
|
819
|
|
Decree
absolute when to be made
|
820
|
|
Application
for decree absolute how made
|
821
|
|
Decree
absolute, appearance not necessary
|
|
|
|
822
|
|
Application
for alimony, Custody and Maintenance of children, Removal of child
outside jurisdiction
|
823
|
|
Provision
for wife's costs
|
|
|
Chapter
XLV
Rules Under The Trade And Merchandise Marks Act,1958 (Act No. 43 Of
1958)
|
824
|
|
Definitions
|
825
|
|
Title
of applications and appeals
|
826
|
|
Mode
of application
|
827
|
|
Disposal
by Judge in chambers
|
828
|
|
Service
on Registrar
|
829
|
|
Record
of the case in Appeal
|
830
|
|
Reference
under section 107(2)
|
831
|
|
Appeals
under section 108(3) and 109(5) of the Act
|
832
|
|
Procedure
for withdrawal of application under section 109(7)
|
833
|
|
Notice.
How to be given
|
834
|
|
Copy
of judgment and order to be sent to the Registrar
|
835
|
|
Code
of Civil Procedure and High Court Original Side Rules to apply
|
|
|
Chapter
XLVI
Rules Under The Insurance Act,1938 (Act No.4 Of 1938)
|
836
|
|
Applications
and appeals
|
837
|
|
Mode
of application
|
838
|
|
Disposal
of petition
|
839
|
|
Application
under section47
|
840
|
|
Costs
|
841
|
|
No
payment into Court without leave, where action is pending
|
842
|
|
Notice
of payment into Court
|
843
|
|
Procedure
regarding disposal of claim
|
844
|
|
Insurer
not to be served, unless costs asked against him
|
|
|
Chapter
XLVII
Rules Under The Transfer Of Property Act,1882 (Act No. 4 of 1882)
|
845
|
|
Application
under section 83 of the Transfer of Property Act
|
846
|
|
Payment
into Court of costs and expenses under section 83m of any subsequent
section
|
847
|
|
Order
for payment of money into Court under section 83
|
848
|
|
Notice
under section 83 to be served by the Prothonotary and Senior Master
|
849
|
|
Notice
of payment under Order 34 of Code of Civil Procedure to be given by the
person making such payment
|
850
|
|
Application
by mortgagee
|
851
|
|
Consequence
of refusal of tender
|
852
|
|
Interest
not to be allowed to the mortgagee in certain circumstances
|
853
|
|
Application
for withdrawal of moneys from the Court under section 83 or any
subsequent section
|
854
|
|
Certificate
of sale and conveyance
|
855
|
|
Enforcement
of order under this chapter
|
856
|
|
Rules
relating to sales by Commissioner to apply to sales under the Code of
Civil Procedure
|
|
|
Chapter
XLVIII
Rules Under The Indian Trusts Act, 1882 (Act No.2 Of 1882)
|
857
|
|
Investment
of Trust moneys
|
|
|
Chapter
XLIX
Rules Under The Powers Of Attorney Act, 1882 (Act No.7 Of 1882)
|
858
|
|
Presentation
of petition to the Prothonotary and Senior Master
|
859
|
|
Execution
of power of attorney to be verified
|
860
|
|
Receipt
to be given on power of attorney being deposited
|
861
|
|
Payment
of fees for inspection or certified copies of the instrument so
deposited
|
|
|
Chapter
L
Rules Relating To Cases Under The Charterd Accountants Act, 1949
(Act No.37 Of 1949)
|
862
|
|
Case
under section 21 of the Act to be filed in Prothonotary's Office
|
863
|
|
Appeal
or revision application under section 22-A of the Act to be by petition
|
864
|
|
Appeal
or revision application to be filed in Prothonotary's Office
|
865
|
|
In
a reference under section 21 of the Act, Council to forward papers to
the Court
|
866
|
|
Fixing
date of hearing and issue of notice
|
867
|
|
Service
of notices
|
868
|
|
In
appeal or revision application under section 22-A of the Act, Council
to forward all papers to this Court on being served with notice
|
869
|
|
Cases
to be heard by a Bench of two Judges
|
870
|
|
Copy
of final order to be sent to Council
|
|
|
|
871
|
|
Memorandum
of Review
|
872
|
|
Copy
of decree or order need not accompany memorandum of review
|
873
|
|
Contents
of such memorandum
|
874
|
|
Filing
of such memorandum and motion
|
875
|
|
Procedure,
when Judge has ceased to be the Judge of that Court or sits at
particular Bench
|
|
|
|
876
|
|
Appellate
Court
|
877
|
|
Memorandum
of Appeal
|
878
|
|
Copy
of decree or order need not accompany Memorandum of Appeal
|
879
|
|
Court
may dismiss appeal without notice to Respondent
|
880
|
|
Deleted
|
881
|
|
Prothonotary
and Senior Master to accept memorandum
|
882
|
|
Endorsement
of rejection
|
883
|
|
Application
for acceptance of rejected memorandum
|
884
|
|
Deleted
|
885
|
|
Application
for leave to appeal as an indigent person
|
886
|
|
Acceptance
of petition subject to inquiry in respect of indigent person
|
887
|
|
Appeal
to be placed for dismissal on failure to serve notice of appeal
|
888
|
|
Application
for notes of evidence
|
889
|
|
Appellant
to lodged index of the Appeal paper book
|
890
|
|
Settlement
of index
|
891
|
|
Party
aggrieved my apply to Judge
|
892
|
|
Contents
of appeal paper book where appeal is from a decree
|
893
|
|
Contents
of appeal paper book in other cases
|
894
|
|
Number
of documents of similar nature
|
895
|
|
Appeal
paper book
|
896
|
|
Style
and size of appeal paper book when typed or cyclostyled
|
897
|
|
Style
and size of appeal paper book when printed
|
898
|
|
English
translation
|
899
|
|
Maximum
printing charge for twelve copies
|
900
|
|
Charges
to be allowed for more then twelve copies
|
901
|
|
Delivery
of appeal paper books to respondent on payment of proportionate charges
|
902
|
|
Time
for filing appeal paper books
|
903
|
|
Omission
to file appeal paper books
|
904
|
|
Interlocutory
applications in appeals
|
905
|
|
Application
for a Bench when Appellate Court not sitting
|
906
|
|
Rule
153 and 163 applicable to appeals
|
907
|
|
When
cross-objections under Order XLI, rule 22 of C.P. Code may be treated
as a cross-appeal
|
908
|
|
Time
for filing corss-objections under Order XLI, rule 26 of C.P.C.
|
909
|
|
Payment
of amount deposited for costs of appeal.
|
|
|
Chapter
LIII
Appeals To The Supreme Court
|
910
|
|
Application
for certificate for an appeal to the Supreme Court
|
911
|
|
Particulars
in petition
|
912
|
|
Addresses
of parties
|
913
|
|
Notice
to issue
|
914
|
|
Hearing
of petition
|
915
|
|
Service
of notice and copy of petition of appeal
|
916
|
|
Transmission
of original record to the Supreme Court
|
917
|
|
Deposit
for transmission of record
|
918
|
|
Failure
to deposit amount for transmission of record
|
919
|
|
Translation
by whom to be made
|
920
|
|
Practice
as to matters concerning appeal paper books and translation of documents
|
921
|
|
Preparation
and printing of appeal paper books in Bombay
|
922
|
|
Service
on advocate sufficient
|
923
|
|
Applicability
of rules to appeals by special leave
|
|
|
Chapter
LIII-A
Transfer Of Cases Under Article 139-A Of The Constitution
|
| 923-A |
|
Supreme
Court to be informed stage of the pending case
|
923-B
|
|
Service
of notice on the Respondent
|
923-C
|
|
Transmission
of record and proceedings
|
923-D
|
|
Printed
copies of paper books to be sent
|
923-E
|
|
Provisions
contained in Chapter LIII to apply to applications under this Chapter
|
923-F
|
|
On
transmission of printed record, office to give notice to the parties
concerned
|
|
|
Chapter
LIV
Audit Of Accounts
|
924
|
|
Audit
of accounts of Court Receiver, the Offices of Prothonotary and Senior
Master, etc.
|
925
|
|
Audits
to be half-yearly. Report to Chief Justice 926 In case of different
matter to be decided by Chief Justice or Judge appointed by Chief
Justice
|
|
|
PART III
Admirality Jurisdiction
Rules For Regulating The Procedure And Practice In Cases Brought Before
The High Court Under The Colonial Courts Of Admiralty Act, 1890 (53-54
Victorla Ch.27)
|
927
|
|
Definitions
|
928
|
|
Institution
of suits
|
929
|
|
Caveat
against arrest of property
|
930
|
|
Caveat
against release of arrested property
|
931
|
|
Caveat
against payment out of sale proceeds of property
|
932
|
|
Duration
of caveat
|
933
|
|
Withdrawal
of caveat
|
934
|
|
Application
to set aside a caveat
|
935
|
|
Copy
of plaint in suit against property to be served, before filing plaint,
on party who has entered caveat
|
936
|
|
Party
entering caveat to give security on filing of plaint
|
937
|
|
On
default, suit may proceed ex-parte
|
938
|
|
Judgment
on the claim and enforcement of payment
|
939
|
|
Property
may be arrested notwithstanding caveat
|
940
|
|
Remedy
where property protected by caveat is arrested without good and
sufficient caquse
|
941
|
|
Application
to arrest property in a suit in rem
|
942
|
|
Nationality
of the ship to bhe stated and notice to be given to Consul in suits for
possession, wages or necessaries
|
943
|
|
Warrant
with Court's leave though particulars wanting
|
944
|
|
Sheriff
to serve process
|
945
|
|
Service
of writ or warrant, when dispensed with in suit in rem
|
946
|
|
Service
of writ of summons or warrant of arrest in a suit in rem
|
947
|
|
Sheriff
may apply for directions
|
948
|
|
Application
for sale of arrested property
|
949
|
|
Interveners
|
950
|
|
Judgment
for the plaintiff if claim well founded
|
951
|
|
Order
for sale of property and determination of priority of claims
|
952
|
|
Property
not to be released unless notice is given to the caveator
|
953
|
|
Penalty
for delaying release
|
954
|
|
Release
of arrested property
|
955
|
|
Instrument
of release
|
956
|
|
Release
by Sheriff on lodging praecipe with release
|
957
|
|
Sales
by order of the Court
|
958
|
|
Procedure
by Sheriff on sale of property
|
959
|
|
Appearance
before Taxing Master
|
960
|
|
Payment
of moneys
|
961
|
|
Payment
of money out of Court
|
962
|
|
Security
for latent demands
|
963
|
|
Security
|
964
|
|
Motions
|
965
|
|
Fees
of officers, Sheriff and Advocates
|
966
|
|
Rules
and practice of the O.S. to apply, if not inconsistent with the rules
in this part
|
967
|
|
Forms
of Admiralty Division may be followed
|
968
|
|
Suppression
of rules
|
|
|
PART IV
CRIMINAL JURISDICTION
Constitution Of Court And Sitting
|
969
|
|
Jurisdiction
to be exercised by a single Judge
|
970
|
|
Appellate
Side to hear applications under E.O.C.J. Cases transferred to be heard
on the original side in its Criminal Jurisdiction
|
971
|
|
Sitting
of Criminal sessions
|
972
|
|
Clerk
of the State to issue summonses and processes
|
973
|
|
Witnesses
residing beyond certain limits not to be summoned
|
974
|
|
Service
on Consuals and Counsular Officers
|
975
|
|
Attendance
of witnesses under recognizances and beyond jurisdiction
|
976
|
|
Mode
of recording evidence
|
977
|
|
Classification
of habitual criminal by the Presiding Judge. Explanation
|
978
|
|
Action
to be taken if the misconduct of the police comes to the notice of the
Presiding Judge
|
|
|
|
979
|
|
Bail
application to whom to be made
|
980
|
|
Application
for bail of prisoner committed to Sessions
|
981
|
|
Clerk
of the State to wirte to Magistrate to produce depositions
|
982
|
|
On
public prosecutor consenting order on shorter notice
|
983
|
|
Amount
of bail and number of sureties
|
984
|
|
Prisoner
may be released on entering recognizances
|
|
|
PART V
Miscellaneous
|
985
|
|
Definitions
|
986
|
|
Rejections
of plaint, Memo of appeal, Execution Application for non-removal of
office objections
|
986-A
|
|
Appliction
for winding up under Companies Act, 1956 in respect of certain areas of
THE STATE OF MAHARASHTRA
|
987
|
|
General
Clauses Act, 1897, and section 2, Code of Civil Procedure to apply
|
987-A
|
|
Rules
relating to Trade and Merchandise Act, 1958 to apply to this petition
under the Patent Act, 1970
|
988
|
|
In
case not provided for present practice to be followed
|
989
|
|
Forms
to be used
|
990
|
|
Short
title, date of commencement and applicability
|
991
|
|
repeal
|
|
|
PART
V - CHAPTER LV
Rules Relating To Reference And Applications Under Section 130
Of
The Customs Act, 1962 (Act No. 130 of 1962)
|
992
|
|
References
to be sent to the Prothonotary and Senior Master
|
993
|
|
Notice
of reference to party at whose instance the reference is made
|
994
|
|
Filing
statement of case issuing notice and fixing date for the hearing
|
995
|
|
Preparation
of Paper Book
|
996
|
|
Failure
to file Paper Books
|
997
|
|
Application
under section 130 (3)
|
998
|
|
Placing
of application before the Court
|
999
|
|
Service
of rule nisi
|
1000
|
|
Time
for furnishing copies of application
|
1001
|
|
Answer
to rule nisi
|
1002
|
|
A
copy of the Court's Order and Judgment to be sent to the Appellate
Tribunal
|
1003
|
|
Reference
and applications to be heard by a bench
|
|
|
PART
V - CHAPTER LVI
Rules Relating To References And Applications Under Section 35
Of
The Central Excises And Salt Act, 1944
|
1004
|
|
References
to be sent to the Prothonotary and Senior Master
|
1005
|
|
Notice
of reference to party at whose instance the reference is made
|
1006
|
|
Filing
Statement of case, issuing notice and fixing date for the hearing
|
1007
|
|
Preparation
of Paper Book
|
1008
|
|
Failure
to file Paper Book
|
1009
|
|
Application
under section 35 (3)
|
1010
|
|
Placing
of application before the Court
|
1011
|
|
Service
of rule nisi
|
1012
|
|
Time
for furinishing copies of application
|
1013
|
|
Answer
to rule nisi
|
1014
|
|
A
copy of the Court's Order and Judgment to be sent to the Appellate
Tribunal
|
1015
|
|
References
and Applications to be heard by a bench
|
|
|
PART
V - CHAPTER LVII
Rules Relating To Reference And Applications Under Section 82 Of
The Gold (Control) Act, 1968 (Act No. 82 of 1968)
|
1016
|
|
References
to be sent to the Prothonotary and Senior Master
|
1017
|
|
Notice
of reference to Party at whose instance the reference is made
|
1018
|
|
Filing
Statement of case, issuing notice and fixing date for the hearing
|
1019
|
|
Preparation
of Paper Book
|
1020
|
|
Failure
to file Paper Book
|
1021
|
|
Application
under section 82(3)
|
1022
|
|
Placing
of application before the Court
|
1023
|
|
Service
of rule nisi
|
1024
|
|
Time
of furnishing copies of application
|
1025
|
|
Answer
to rule nisi
|
1026
|
|
A
copy of the Court's Order and Judgment to be sent to the Appellate
Tribunal
|
1027
|
|
References
and applications to be heard by a bench
|
|
|
PART
V - CHAPTER LVIII
Rules to regulate proceedings for contempt under Article 215 of the
Constitution Of India and the Contempt Of Courts Act, 1971
|
1028
|
|
Title
|
1029
|
|
Commencement
|
1030
|
|
Definitions
|
|
|
|
1031
|
|
PART I |
1032
|
|
PART II |
|
|
|
1033-
1048
|
|
Cognizance
And Procedure |
|
|
|
| 1049-1052 |
|
Enquiry |
|
|
|
| 1053 |
|
PART III |
|
|
PART LIX
Rules Relating To Cases Under The Company Secretaries Act, 1980
|
1054
|
|
Case
under section 21 of the Act to be filed in Prothonotary's Office
|
1055
|
|
Appeal
or Revision Application under section 30 of the Act to be by Petition
|
1056
|
|
Appeal
or Revision Application to be filed in Prothonotary's Office
|
1057
|
|
In
a Reference under section 21 of the Act, Council to forward papers to
the Court
|
1058
|
|
Fixing
date of hearing and issue of Notice
|
1059
|
|
Service
of Notices
|
1060
|
|
In
Appeal or Revision Application under section 30 of the Act, Council to
forward all papers to this Court on being served with Notice
|
1061
|
|
Cases
to be heard by a Bench of two Judges
|
1062
|
|
Copy
of final Orders to be sent to Council
|
|
|
|
Form
No
|
|
Details
|
1
|
|
Application
for Registration
|
2
|
|
Proposal
to designate Advocate as Senior Advocate
|
3
|
|
Verification
of plaints and other pleadings
|
4
|
|
Appearance,
of party in person
|
5
|
|
Vakalatnama
of Advocate or Supreme Court Advocate
|
6
|
|
Petition
to appoint guardian-ad-litem
|
7
|
|
Notice
of application to appoint guardian-ad-litem
|
8
|
|
Writ
of summons in a matrimonial suit other then a suit under the Indian
Divorce Act, 1869
|
9
|
|
Writ
of Summons in a suit other then a Summary Suit or a Matrimonial Suit
|
10
|
|
Writ
of Summons in a Summary Suit
|
11
|
|
Summons
for Judgment in Summary Suit
|
12
|
|
Chamber
Summons
|
13
|
|
Notice
of Motion
|
14
|
|
Notice
under Order XXX, Rule 5 of the Code of Civil Procedure
|
15
|
|
Notice
of Counter-claim
|
16
|
|
Notice
of payment with denial of liability
|
17
|
|
Third
Party Notice : Re: Contribution or Indemnity
|
18
|
|
Third
Party Notice : Re : Question or Issue
|
19
|
|
Confession
of Defence
|
20
|
|
Order
for dismissal or withdrawal of suit
|
21
|
|
Affidavit
of documents under Order XI, Rule 13 of the Code of Civil Procedure
|
22
|
|
Summons
to witness
|
23
|
|
Originating
Summons
|
24
|
|
Commission
under section 76, Order XXVI, Rule 4 of the Code of Civil Procedure
|
25
|
|
Order
appointing Receiver
|
26
|
|
Order
of References to arbitration
|
27
|
|
Order
of Reference in Administration Suit
|
28
|
|
Order
of reference under Order XXVI, Rules 11 and 12 of the Code of Civil
Procedure
|
29
|
|
Decree
on Commissioner's Report
|
30
|
|
Application
to Draw up money decree
|
31
|
|
Money
Decree
|
32
|
|
Decree
under Order XXXVII of the Code of Civil Procedure
|
33
|
|
Money
decree in suit and on Third Party Notice
|
34
|
|
Preliminary
decree on Mortgage, Mortgagor in possession
|
35
|
|
Preliminary
decree on Mortgage, by deposit of title deeds 319
|
36
|
|
Preliminary
decree on Mortgage, Mortgagee in possession
|
37
|
|
Final
decree in foreclosure
|
38
|
|
Final
decree in suit for sale
|
39
|
|
Decree
of the Appellate Court, dismissing Appeal
|
40
|
|
Warrant
of arrest before judgment under Order XXXVIII, Rule 1 of the Code of
Civil Procedure
|
41
|
|
Security
Bond under Order XXXVIII, Rule 2 of the Code of Civil Procedure
|
42
|
|
Warrant
of committal in the case of arrest before judgment
|
43
|
|
Warrant
of attachment before judgment under Order XXXVIII, Rule 5 of the Code
of Civil Procedure
|
44
|
|
Notice
under Order XXI, Rule 2 of the Code of Civil Procedure
|
45
|
|
Application
for Execution under Order XXI, Rule 11(2) of the Code of Civil Procedure
|
46
|
|
Notice
under Section 145 of the Code of Civil Procedure
|
47
|
|
Garnishee
Notice
|
48
|
|
Notice
under Order XXI, Rule 16 of the Code of Civil Procedure
|
49
|
|
Notice
under Order XXI, Rule 22 of the Code of Civil Procedure |
50
|
|
Notice
under Order XXI, Rule 34 of the Code of Civil Procedure |
51
|
|
Notice
under Order XXI, Rule 37 of the Code of Civil Procedure |
52
|
|
Warrant
of arrest after judgment under Order XXI, Rule 38 of the Code of Civil
Procedure
|
53
|
|
Warrant
of committal in execution of decree
|
54
|
|
Warrant
of attachment of movable property in the possession of the
judgment-debtor under Order XXI, Rule 43 of the Code of Civil Procedure
|
55
|
|
Warrant
of attachment of a debt not secured b y negotiable instrument under
Order XXI, Rule 46 of the Code of Civil Procedure
|
56
|
|
Warrant
of attachment of shares in public companies under Order XXI, Rule 46 of
the Code of Civil Procedure
|
57
|
|
Warrant
of attachment of movable property in possession of third party under
Order XXI, Rule 46 of the Code of Civil Procedure
|
58
|
|
Order
to attach salary of public officer, etc. under Order XXI, Rule 48 of
the Code of Civil Procedure
|
59
|
|
Attachment
of partnership property under Order XXI, Rule 49 of the Code of Civil
Procedure
|
60
|
|
Warrant
of attachment of negotiable instrument under Order XXI, Rule 51 of the
Code of Civil Procedure
|
61
|
|
Notice
under Order XXI, Rule 52 of the Code of Civil Procedure
|
62
|
|
Notice
under Order XXI, Rule 53(1) (a) and (6) of the Code of Civil Procedure
|
63
|
|
Notice
under XXI, Rule 53(1)(b) of the Code of Civil Procedure
|
64
|
|
Notice
under Order XXI, Rule 53(4) of the Code of Civil Procedure
|
65
|
|
Warrant
of attachment of immovable property under Order XXI, Rule 54 of the
Code of Civil Procedure
|
66
|
|
Warrant
for sale of movable property under Order XXI, Rule 64 of the Code of
Civil Procedure
|
67
|
|
Warrant
for sale of immovable property under Order XXI, Rule 64 of the Code of
Civil Procedure
|
68
|
|
Conditions
of sale of immovable property
|
69
|
|
Conditions
of sale of movable property other then negotiable securities etc.
|
70
|
|
Bidding
paper
|
71
|
|
Certificate
showing persons who have applied for execution of money decree
|
72
|
|
Notice
to judgment-creditor
|
73
|
|
Order
for payment by Sheriff
|
74
|
|
Warrant
of possession under Order XXI, Rule 35 and 36 of the Code of Civil
Procedure
|
75
|
|
Warrant
of possession under Order XXI, Rules 95 and 96 of the Code of Civil
Procedure
|
76
|
|
Commissioner's
Summons to judgment-debtor for settling proclamation of sale
|
77
|
|
Notice
to persons having claims on attached property
|
78
|
|
Sheriff's
proclamation of sale
|
79
|
|
Instruction
to guardians
|
80
|
|
Bond
by guardian
|
81
|
|
Receiver's
Account
|
82
|
|
Notice
under section 18 of the Land Acqusition Act, 1894
|
83
|
|
Notice
under section 30 of the Land Acqusition Act, 1894
|
84
|
|
Special
Case : Section 13 (b) of the Arbitration Act, 1940
|
85
|
|
Notice
under the Indian Divorce Act to appear and answer
|
86
|
|
Notice
to apply for leave to intervene
|
87
|
|
Notice
under section 21 of the Chartered Accountants Act, 1949
|
88
|
|
Notice
under section 22-A (1) of the Chartered Accountants Act, 1949
|
89
|
|
Notice
under section 22-A (2) of the Chartered Accountants Act, 1949
|
90
|
|
Memorandum
of Appeal under Order XLI, Rule 1 of the Code of Civil Procedure
|
91
|
|
Notice
under Order XLI, Rule 14 of the Code of Civil Procedure
|
92
|
|
Security
Bond under Order XLI, Rule 5 of the Code of Civil Procedure
|
93
|
|
Petition
for grant of a certificate for appeal to the Supreme Court
|
94
|
|
Notice
of application for certificate for an appeal to the Supreme Court
|
95
|
|
Order
granting certificate for appeal to the Supreme Court
|
96
|
|
Notice
of lodgment of petition of appeal in the registry of the Supreme Court
|
|
|
FORMS RELATING TO TESTAMENTARY AND INESTATE
JURISDICTION
|
97
|
|
Petition
for probate of a Will
|
98
|
|
Schedule
of property of the deceased
|
99
|
|
Schedule
of debts etc of the deceased
|
100
|
|
Schedule
of trust property held by the deceased
|
101
|
|
Executor's
oath
|
102
|
|
Affidavit
of the attesting witness
|
103
|
|
Petition
for Letters of Administration
|
104
|
|
Administrator's
oath
|
105
|
|
Petition
for Letters of Administration with Will annexed
|
106
|
|
Administrator's
oath in the case of Letters of Administration with the Will annexed
|
107
|
|
Petition
by Constituted Attorney for Letters of Administration with copy of
authenticated coply of the Will annexed
|
108
|
|
Administrator's
oath in case where Letters of Administration with copy of authenticated
copy of the Will are granted to constituted Attorney
|
109
|
|
Petition
for Judge's Order to apply for Letters of Administration for the use
and benefit of a minor
|
110
|
|
Petition
for Succession Certificate
|
111
|
|
Schedule
of debts and securities of the deceased
|
112
|
|
Petitioner's
oath in the case of Succession Certificate
|
113
|
|
Subpoena
to bring in Will etc
|
114
|
|
Citation
to accept or refuse executorship
|
115
|
|
Citation
to see proceedngs
|
116
|
|
Caveat
|
117
|
|
Notice
of the filing or affidavit in support of caveat
|
118
|
|
Administration
Bond
|
119
|
|
Administration
Bond of a Constituted Attorney
|
120
|
|
Bond
in the case of Succession Certificate
|
121
|
|
Probate
|
122
|
|
Letters
of Administration
|
123
|
|
Letters
of Administration with the will annexed
|
124
|
|
Succession
Certificate
|
125
|
|
Extension
Certificate
|
126
|
|
Succession
Certificate to the guardian of a minor
|
127
|
|
Order
under section 10 of the Administrator-General Act, 1963
|
128
|
|
Letters
of Administration granted to the Administors-General
|
129
|
|
Letters
of Administration with the will annexed granted to the Administrator
General
|
130
|
|
Certificate
that no application has been made for probate or letters of
administration
|
131
|
|
Citation
to file inventory and account
|
132
|
|
Certificate
of filing inventory and account
|
133
|
|
Certificate
of amended value of the estate, to be forwarde3d to the Superintendent
of Stamps
|
134
|
|
Notice
under section 360 and 367 of the Indian Succession Act
|
135
|
|
Oaths
or affirmations
|
136
|
|
Notice
under section 21 of the Company Secretaries Act, 1980
|
137
|
|
Notice
under section 30 of the Company Secretaries Act, 1980
|
138
|
|
Notice
under section 31 of the Company Secretaries Act, 1980
|
|
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