The Bombay High Court Judges' Library




THE CODE OF CIVIL PROCEDURE, 1908
[ Act No. V of 1908 ]

( In its application to the State of Maharashtra )


 
THE FIRST SCHEDULE





RULES ORDER


             
ORDER I
Parties To Suits
1
Who may be joined as plaintiffs.
2
Power of Court to order separate trials.
3
Who may be joined as defendants.
3A
Power to order separate trials where joinder of defendants may embarras or delay trial.
4
Court may give judgment for or against one or more of joint parties.
5
Defendant need not be interested in all the relief claimed.
6
Joinder of parties liable on same contract.
7
When plaintiff in doubt from whom redress is to be sought.
8
One person may sue or defend on behalf of all in same interest.
8A
Power of Court to permit a person or body of persons to present opinion or to take part in the proceedings.
9
Mis-joinder and non-joinder.
10
Suit in name of wrong plaintiff.
Court may strike out or add parties.  Where defendant added, plaint to be amended.
10A
Power of Court to request any pleader to address it.
11
Conduct of Suit.
12
Appearance of one of serveral plaintiffs or defendants for others.
13
Objections as to non-joinder or misjoinder.



ORDER II
Frame Of Suit

1
Frame of Suit
2
Suit to include the whole claim.
Relinquishment of part of claim, Omission to sue for one of serveral reliefs.
3
Joinder of causes of action.
4
Only certain claims to be joined for recovery of immovable property.
5
Claims by or against executor, administrator or heir.
6
Power of Court to order separate trials.
7
Objections as to misjoinder.



ORDER III
  Recognized Agents And Pleaders

1
Appearances, etc., may be in person, by recognized agent or by pleader.
2
Recognized agents.
3
Service of process on recognized agent.
4
Appointment of pleader
5
Service of process on pleader.
6
Agent to accept service.
Appointment to be in writing and to be filed in Court.
Court may order appointment of agent for service within its jurisdiction.


ORDER IV
Institution Of Suits

1
Suit to be commenced by a plaint.
2
Register of Suits.


ORDER V
  Issue And Service Of Summons
Issue Of Summons

1
Summons.
2
Copy of plaint to accompany summons.
3
Court may order defendant or plaintiff to appear in person.
4
No party to be ordered to appear in person unless resident within certain limits.
5
Summon to be either to settle issues or for final disposal.
6
Fixing day for appearance of defendant.
7
Summons to order defendant to produce documents relied on by him.
8
On issue of summons for final disposal, defendant to be directed to produce his witnesses.


Service of Summons

9
Delivery of summons by Court.
9A
Summons given to the plaintiff for service.
10
Mode of service.
11
Service on several defendants.
12
Service to be on defendant in person when practicable or on his agent.
13
Service on agent by whom defendant carries on business.
14
Service on agent in charge in suits for immovable property.
15
Where service may be on male member of defendant's family.
16
Person served to sign acknowledgment.
17
Procedure when defendant refuses to accept service, or cannot be found.
18
Endorsement of time and manner of serevice.
19
Examination of serving officer.
19A
[Repealed]
20
Substituted service.
Effect of substituted service.
Where service substituted, time for appearance to be fixed.
20A
[Omitted]
21
Service of summons where defendant resides within jurisdiction of another Court.
21A
Court may order service by registered post in addition to or substitution of other modes.
22
Service within presidency-towns of summons issued by Courts outsider.
23
Duty of Court to which summons is sent.
24
Service on defendant in prison.
25
Service where defendant resides out of India and has no agent.
26
Service in foreign territory through political agent or court.
26A
Summonses to be sent to officers of foreign countries.
27
Service on Civil Public Officer or on servant of railway company or local authority.
28
Serevice on soldiers, sailors or airmen.
29
Duty of person to whom summons is delivered or sent for service.
30
Substitution of letter for summons.


ORDER VI
Pleadings Generally

1
Pleading.
2
Pleading to state material facts and not evidence.
3
Forms of pleading.
4
Particulars to be given where necessary.
5
[Repealed]
6
[Further and better Statement or Particulars.] Condition precedent.
7
Departure.
8
Denial of contract.
9
Effect of document to be stated.
10
Malice, knowledge, etc.
11
Notice.
12
Implied contract or relation.
13
Presumptions of law.
14
Pleading to be signed.
14A
Address for service of notice.
15
Varification of pleadings.
16
Striking out pleadings.
17
Amendment of pleadings.
18
Failure to amend after order.


ORDER VII
Plaint

1
Particulars to be contained in plaint.
2
In money suits.
3
Where the subject-matter of the suit is immovable property.
4
When plaintiff sues as representative.
5
Defendant's interest and liability to be shown.
6
Grounds of exemption from limitation law.
7
Relief to be specifically stated.
8
Relief founded on separate grounds.
9
Procedure on admitting plaint.
9A
[Chief Ministerial Officer to Sign lits and copies produced alongwith plaint.]
10
Return of plaint, Procedure on returning plaint.
10A
Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return.
10B
Power of Appellate Court to transfer suit to the proper Court.
11
Rejection of plaint.
12
Procedure on rejecting plaint.
13
Where rejection of plaint does not preclude presentation of fresh plaint.


Documents Relied On In Plaint

14
Production of document on which plaintiff sues or relies.
15
[Repealed]
16
Suits on lost negotiable instruments.
17
Production of shop-book.
Original entry to be marked and returned.
18
[Repealed]
19
Address to be filed with plaint or original petition. Registered address.
20
Nature of address to be filed.
21
Consequences of failure to file address.
When default to be condoned.
22
Procedure when party not found at the place of registered address.
23
Service of process where party engages pleader.
24
Change of registered address.
25
Rules not binding on Court.
26
Applicability to notice under O.XXI, r.22


ORDER VIII
Written Statement, Set-Off, Counter-Claim And Third Party Procedure

1
Written Statement.
1A
Duty of defendant to produce documents upon which relif is claimed or relied upon by him.
2
New facts must be specially pleaded.
3
Denial to be specific.
4
Evasive denial.
5
Specific denial.
6
Particulars of set-off to be given in written statement.
Effect of set-off.
6A
Counter claim by defendant.
6B
Counter claim to be stated.
6C
Exclusion of counter-claim.
6D
Effect of discontinuance of suit.
6E
Default of plaintiff to reply to counter-claim.
6F
Relieff to defendant where counter-claim succeeds.
6G
Rules relating to written statement to apply.
7
Defence or set-off founded on separate grounds.
8
New ground of defence.
8A
[Repealed]
9
Subsequent pleadings.
10
Procedure when party fails to present written statement called for by Court.
11
Parties to file addresses.
Registered address.
Consequences of default in filing registered address.
When default may be condoned.
When decree passed on default can be set aside
12
Applicability of rr.20 and 22 to 26 of Order VII


Counter-Claim

13
Defendant may set up counter-claim against the claim of the plaintiff in addition to set-off.
14
Defendant setting up a counter-claim to specifically state so in the written statement.
15
Where the counter-claim involves in addition to the plaintiff other persons also, the defendant to add further title to the title of the written statement and deliver copies of his written statement to such persons as are already parties to the suit.
16
Service of summons when counter-claim is against persons who are not already parties to the suit.
17
Appearance of persons other then defendant to the suit, whyen served with counter-claim.
18
Reply to counter-claim.
19
Objection to counter claim being allowed to be sent up in the suit.
20
Counter-claim may be proceeded with, even if suit be stayed, discontinued or dismissed.
21
On default of reply to counter-claim, the counter-claim may be set down for jugment.
22
Judgment when set-off or counter-claim, the counter-claim may be set down for jugment.


Third Party Procedure

23
Third party Notice.
24
Form and Service of Notice.
25
Effect of Service of Notice.
26
Thrid Party to enter Appearance or Vakalatnama.
27
Consequence of Failure to enter Appearance or Vakalatnama.
28
Decree when Third Party makes Default in Appearance or Vakalatnama.
29
Third Party to file Affidavit to Reply.
30
Appearance or Vakalatnama of Thrid Party Direction to be given.
31
Defendant to apply for direction in certain cases.
32
Costs.
33
Setting aside thrid party proceedings.
34
Rights of the third party and of each successive thrid party to apply for third party notice against other persons.
35
Right of defendant to issue thrid party notice against co-defendant.
36
Thrid Party proceedings in a counter-claim.


ORDER IX
Appearance Of Parties And Consequence Of Non-Appearance

1
Parties to appear on day fixed in summons for defendant to appear answer.
2
Dismissal of suit where summons not served in consequence of plaintiff's failure to pay costs.
3
Where neither party appears, suit to be dismissed.
4
Plaintiff may bring fresh suit or Court may restore suit to file.
5
Dismissal of suit where plaintiff, after summons returned unserved, fails for two months to apply for fresh summons.
6
Procedure when only plaintiff appears.
When summons duly served.
When summons not duly served.
When summons served, but not in due time.
7
Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance.
8
Procedure where defendant only appears.
9
Decree against plaintiff by default bars bresh suit.
10
Procedure in case of non-attendance of one or more of serveral plaintiffs.
11
Procedure in case of non-attendance of one or more of several defendants.
12
Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person.


Setting Aside Decrees Ex-Parte

13
Setting aside decree ex parte against defendant.
14
No decree to be set aside without notice to opposite party.
15
Application of the provisions of this Order to Appeals.


ORDER X
Examination Of Parties By The Court

1
Ascertainment whether allegation in pleadings are admitted or denied.
1A
Direction of the court to opt for any one mode of alternative dispute resolution.
1B
Appearance before the conciliratory forum or authority.
1C
Appearance before the Court consequent to the failure efforts of conciliation.
2
Oral examination of party, or companion of party.
3
Substance of examination to be written.
4
Consequence of refusal or inability of pleader to answer.


ORDER XI
Discovery And Inspection

1
Discovery by interrogatories.
2
Particular interrogatories to be submitted.
3
Costs of interrogatories.
4
Form of interrogatories.
5
Corporations.
6
Objections to interrogatories by answer.
7
Setting aside and striking out interrogatories.
8
Affidavit in answer filing.
9
Form of affidavit in answer.
10
No exception to be taken.
11
Order to answer or answer further.
12
Application for discovery of documents.
13
Affidavit of documents.
14
Production of documents.
15
Inspection of documents referred to in pleading or affidavits.
16
Notice of produce.
17
Time for inspection when notice given.
18
Order for inspection.
19
Verified copies.
20
Premature discovery.
21
Non-compliance with order for discovery.
22
Using answers to interrogatories at trial.
23
Order to apply to minors.


ORDER XII
Discovery And Inspection

1
Notice of admission of case.
2
Notice to admit documents.
2A
Document to be deemed to be admitted if not denied after service of notice to admit document's.
3
Form of notice.
3A
Power of Court to record admission.
4
Notice to admit facts.
5
Form of admissions.
6
Judgment on admissions.
7
Affidavit of signature.
8
Notice to produce documents.
9
Costs.


ORDER XIII
Production, Impounding And Return Of Documents

1
Original documents to be produced at or before the settlement of issues.
[1
Documentory evidence to be produced at or before the settlement of issues.
2
[Repealed]
[2
Effect of non production of documents.]
3
Rejection of irrelevant or inadmissible documents.
4
Endorsements on documents admitted in evidence.
5
Endorsements on copies of admitted entries in books, accounts and records.
6
Endorsements on documents rejected as inadmissible in evidence.
7
Recording of admitted and return of rejected documents.
[Documents in language other then English or Court language, or in script other then Devanagari.]
8
Court may order any document to be impounded.
9
Return of admitted documents.
10
Court may send for papers from its own records or from other Courts.
11
Provisions as to documents applied to material objects.


ORDER XIV
Settlement Of Issues And Determination Of Suits On Issues Of Laws Or On Issues Agreed Upon

1
Framing of issues.
2
Court to pronounce judgment on all issues.
3
Materials from which issues may be framed.
4
Court may examine witnesses or documents before framing issues.
5
Power to amend, and strike out, issues.
6
Questions of fact or law may by agreement be stated in form of issues.
7
Court, if satisfied that agreement was executed in good faith, may pronounce judgment.


ORDER XV
  Disposal Of The Suit At The First Hearding

1
Parties not at issue.
2
One of several defendants not at issue.
3
Parties at issue.
4
Failure to produce evidence.


ORDER XV-A

ORDER XVI
  Summoning And Attandance Of Witnesses

1
List of witnesses and summons to witnesses.
1A
Production of witnesses without summons.
1B
Court may permit service of summons by party, applying for summons.
2
Expenses of witness to be paid into Court on applying for summons.
Experts.
Scale of expenses.
Expenses to be directly paid to witnesses.
3
Tender of expenses to witness.
3A
Special provision for public servants summoned as witnesses in suits in which the Government is not a party.
4
Procedure where insufficient sum paid in.
Expenses of witnesses detained more then one day.
5
Time, place and purpose of attendance to be specified in summons.
6
Summons to produce document.
7
Power to require person present in Court to give evidence or produce document.
7A
Summons given to party for service.
8
Summons how served.
9
Time for serving summons.
10
Procedure where witness fails to comply with summons.
11
If witness appears, attachment may be withdrawn.
12
Procedure if witness fails to appear.
13
Mode of attachment.
14
Court may of its own accord summon as witnesses strangers to suit.
15
Duty of persons summoned to give evidence or produce document.
16
When they may depart.
17
Application of rules 10 to 13.
18
Procedure where witness apprehended cannot give evidence or produce document.
19
No witness to be ordered to attend in person unless resident within certain limits.
20
Consequence of refusal of party to give evidence when called on by Court.
21
Rules as to witnesses to apply to parties summoned.


ORDER XVI-A
  Attendance Of Witnesses Confined On Detained in Prisons

1
Definitions.
2
Power to require attendance of prisoners to give evidence.
3
Expenses to be paid into Court.
4
Power of State Government to exclude certain persons from the operation of rule 2.
5
Officer-in-charge of prison to abstain from carrying out order in certain cases.
6
Prisoner to be brought to Court in custody.
7
Power to issue commission for examination of witness in prison.


ORDER XVII
Adjournments

1
Court may grant time and adjourn hearing Costs of adjournment.
2
Procedure if parties fail to appear on day fixed.
3
Court may proceed notwithstanding either party fails to produce evidence, etc.


ORDER XVIII
Hearing Of The Suit And Examination Of Witnesses

1
Right to begin.
2
Statement and production of evidence.
3
Evidence where several, issues.
3A
Party to appear before other witnesses.
4
Recording of evidence.
5
How evidence shall be taken in appealable cases.
6
When deposition to be interpreted.
7
Evidence under section 138.
8
Memorandum when evidence not taken down by Judge.
9
When evidence may be taken in English.
10
Any particular question and answer may be taken down.
11
Questions objected to and allowed by Court.
12
Remarks on demeanour of witnesses.
13
Memorandum of evidence in unappealable cases.
14
[Omitted.]
15
Power to deal with evidence taken before another Judge.
16
Power to examine witness immediately.
17
Court may recall and examine witness.
17A
[Repealed]
18
Power of Court to inspect.
19
Power to get statement recorded on commission.


ORDER XIX
  Affidavits

1
Power to order any point to be proved by affidavit.
2
Power to order attendance of deponent for cross-examination.
3
Matters to which affidavits shall be confined.


ORDER XX
Judgment And Decree

1
Judgment when pronounced.
2
Power to pronounce judgment written by Judge's predecessor.
3
Judgment to be signed.
4
Judgment of Small Cause Courts.
Judgment of other Courts.
5
Courts to state its decision on each issue.
5A
Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders.
6
Contents of decree.
6A
Preparation of decree.
6B
Copies of judgments when to be made available.
7
Date of decree.
8
Procedure where Judge has vacated office before signing decree.
9
Decree for recovery of immovable property.
10
Decree for recovery of immovable property.
11
Decree may direct payment by instalments.
Order,after decree, for payment by instalments.
12
Decree for possession and mesne profits.
12A
Decree for specific performance of contract for the sale or lease of immovable property.
13
Decree in administration-suit.
14
Decree in pre-emption-suit.
15
Decree in suit for dissolution of partnership.
16
Decree in suit for account between principal and agent.
17
Special directions as to accounts.
18
Decree in suit for partition of property or separate possession of a share therein.
19
Decree when set-off is allowed. Appeal from decree relating to set-off.
20
Certified copies of judgment and decree to be furnished.


ORDER XX-A
Costs

1
Provisions relating to certain items.
2
Costs to be awarded in accordance with the rules made by High Court.


ORDER XXI
Execution Of Decrees And Orders
Payment under Decree

1
Mode of paying money under decree or order.
2
Payment out of Court to decree-holder.


Courts executing Decrees

3
Lands situate in more then one jurisdiction.
4
Transfer to Court of Small Causes.
5
Mode of transfer.
6
Procedure where Court desires that its own decree shall be executed by another Court.
7
Court receiving copies of decree, etc. to file same without proof.
8
Execution of decree or order by Court to which it is sent.
9
Execution by High Court of decree transferred by other Court.


Application for execution

10
Application for execution.
11
Oral application.
Written application.
11A
Application for arrest to state grounds.
12
Application for attachment of movable property not in judgment debtor's possession.
13
Application for attachment of immovable property to contain certain particulars.
14
Power to require certified extract from Collector's register in certain cases.
15
Application for execution by joint decree-holder.
16
Application for execution by transferee of decree.
17
Procedure on receiving application for execution of decree
18
Execution in case of cross-decrees.
19
Execution in case of cross-claims under same decree.
20
Cross-decrees and cross-claims in mortgage-suit.
21
Simultaneous execution.
22
Notice to show cause against execution in certain cases.
22A
Sale not to be set aside on the death of the judgment-debotr before the sale but after the service of the proclamation of sale.
23
Procedure after issue of notice.


Process for execution

24
Process for execution.
25
Endorsement on process.


Stay of execution

26
When Court may stay execution.
Power to require security from or impose conditions upon, judgment debtor.
27
Liability of judgment-debtor discharged.
28
Order of Court which passed decree or of Appellate Court to be binding upon Court applied to.
29
Stay of execution pending suit between decree-holder and judgment-debtor.


Mode of execution
30
Decree for payment of money.
31
Decree for specific movable property.
32
Decree for specific performance for restitution of conjugal rights or for an injunction.
33
Discretion of Court in executing decrees for restitution of conjugal rights.
34
Decree for execution of document, or endorsement of negotiable instrument.
35
Decree for immovable property.
36
Decree for delivery of immovable property when in occupancy of tenant.


Arrest and detention in the civil prison
37
Discretionary power to permit judgment-debtor to show cause against detention in prison.
38
Warrant for arrest to direct judgment-debtor to be brought up.
39
Subsistence-allowance.
40
Proceedings on appearance of judgment-debtor in obedience to notice or after arrest.


Attachment of property

41
Examination of judgment-debtor as to his property.
42
Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined.
43
Attachment of movable propery, other then agricultural produce, in possession of judgment-debtor.
43A
Custody of movable property.
43B
Attachment of live-stock.
44
Attachment of agricultural produce.
44A
Copy of the warrant of attachment to be sent to the Collector where agricultural produce is attached.
45
Provisions as to agricultural produce under attachment.
46
Attachment of debt, share and other property not in possession of judgment-debtor.
46A
Notice to garnishee.
[46A
Payment of debt or amount under negotiable instrument or delivery of movable property in Court, etc. in the hands of Garnishee ].
46B
Order against garnishee.
46C
Trial of disputed questions.
[46C
Determination of disputed questions.]
46D
Procedure where debt belongs to third person.
[46D
Discharge of Garnishee.]
46E
Order as regards thrid person.
[46E
Adjudication of claims by thrid party.]
46F
Payment by garnishee to be valid discharge.
[46F
Claim of third person to be tried as in a suit.]
46G
Costs.
[46G
Execution of order under rules 46B, 46C and 46F.]
46H
Appeals.
[46H
Discharge of Garnishee's liability.]
46I
Application to negotiable instrument.
[46I
Garnishee proceeding against firm.
46J
Costs.
46K
Appeal against order made under rules 46B, 46C, 46F and 46G.
47
Attachment of share in movables.
 48
Attachment of salary or allowances of servant of the Government or railway company or local authority.
48A
Attachment of salary or allowances of private employees.
49
Attachment of partnership property.
50
Execution of decree against firm.
51
Attachment of negotiable instruments.
52
Attachment of property in custody of Court or public officer.
53
Attachment od decrees.
54
Attachment of immovable property.
55
Removal of attachment after satisfaction of decree.
56
Order for payment of coin or currency notes to party entitled under decree.
57
Determination of attachment.

Adjudication of claims and objections
58
Adjudication of claims to, or objections to attachment of, property.
59
Stay of sale.
60,61.62.63
[Rules 58 and 59 substituted for original rules 58, 59, 60, 61 and 62.

Sale generally
64
Power to order property attached to be sold and proceeds to be paid to person entitled.
65
Sales by whom conducted and how made.
66
Proclamation of sales by public aution.
67
Mode of making proclamation.
68
Time of sale.
69
Adjournment or stoppage of sale.
70
[Repealed.]
71
Defaulting purchaser answerable for loss on re-sale.
72
Decree-holder not to bid for or buy property without permission.
Where decree-holder purchases, amount of decree may be taken as payment.
72A
Mortgagee not to bid at sale without the leave of the Court.
[72A
Where leave is granted to the mortgagee to bid, a reserve price to be fixed by Court.]
73
Restriction on bidding or purchase by officers.
74
Sale of agricultural produce.
75
Special provisions relating to growing crops.
76
Negotiable Instrument and shares in corporations.
77
Sale by public auction.
78
Irregularity not to vitiate sale, but any person injured may sue.
79
Delivery of movable property, debts and shares.
80
Transfer of negotiable instruments and shares.
81
Vesting order in case of other property.

Sale of immovable property.
82
What Courts may order sales.
83
Postponement of sale to enable judgment-debtor to raise amount of decree.
84
Deposit by purchaser and re-sale on default.
85
Time for payment in full of purchase-money.
85A
Set-off where execution has been transferred to Collector.
86
Procedure in default of payment.
87
Notification on re-sale.
88
Bid of co-sharer to have preference.
89
Application to set aside sale on deposit.
90
Application to set aside sale on ground of irregularity or of fraud.
91
Application by purchaser to set aside sale on ground of judgment-debtor have no salable interest.
91A
Deposits, how to be made, where execution in transferred to Collector.
92
Sale when to become absolute or be set aside.
93
Return of purchase-money in certain cases.
94
Certificate to purchaser.
95
Delivery of property in occupancy in judgment-debtor.
96
Delivery of property in occupancy of tenant.

Resistance to delivery of possession to decree-holder or purchaser
97
Resistance or obstruction to possession of immovable property.
98
Orders after adjudication.
[98
Resistance or obstruction by judgment-debtor.]
99
Dispossession by decree-holder or purchaser.
[99
Resistance or obstruction by bona-fide claimant.]
100
Order to be passed upon application complaining or dispossession.
101
Question to be determined.
102
Rules not applicable to transferee pendentelite.
103
Order to be treated as decrees.
104
Order under rule 101 or rule 103 to be subject to the result of pending suit.
105
Hearing of Application.
106
Setting aside orders passed ex parte, etc.


ORDER XXII
Death, Marriage And Insolvency Of Parties

1
No abatement by party's death, if right to sue survives.
2
Procedure where one of several plaintiffs or defendants dies and right to sue survives.
3
Procedure in case of death of one of several plaintiffs or of sole plaintiff.
4
Procedure in case of death of one of several defendants or of sole defendant.
4A
Procedure where there is no legal representative.
5
Determination of question as to legal representative.
6
No abatement by reason of death after bearing.
7
Suit not abated by marriage of female party.
8
When plaintiff's insolvency bars suit.
Procedure where assignee fails to continue suit or give security.
9
Effect of abatement or dismissal.
10
Procedure in case of assignment before final order in suit.
10A
Duty of pleader to communicate to Court death of party.
11
Application of Order to appeals.
12
Application of Order to proceedings.


ORDER XXIII
Withdrawal And Adjustment Of Suits

1
Withdrawal of suit or abandonment of part of claim.
1A
When transposition of defendants as plaintiffs may be permitted.
2
Limitation law not affected by first suit.
3
Compromise of suit.
3A
Bar to suit.
3B
No agreement or compromise to be entered in a representative suit without leave of Court.
4
Proceedings in execution of decrees not affected.


ORDER XXIV
Payment Into Court

1
Deposit by defendant of amount in satisfaction of claim.
2
Notice of deposit.
3
Interest on deposit not allowed to plaintiff after notice.
4
Procedure where plaintiff accepts deposit as satisfaction in part.
4A
Procedure where he accepts it as satisfaction in full.


ORDER XXV
Security For Costs

1
When security for costs may be required from plaintiff.
Residence out of India.
2
Effect of failure to furnish security.
[3
Power to implead and demand security from third person financing litigation.]


ORDER XXVI
Commissions
Commissions to examine witnesses

1
Cases in which Court may issue commission to examine witness.
2
Order for commission.
3
Where witness resides within Court's jurisdiction.
4
Persons for whose examination commission may isue.
4A
Commission for examination of any person resident within the local limits of the jurisdiction of the Court.
5
Commission or request to examine witness not within India.
6
Court to examine witness pursuant to commission.
7
Return of commission with depositions of witnesses.
8
When depositions may be read in evidence.

Commissions for local investigations
9
Commission to make local investigations.
10
Procedure of Commissioner.
Report and depositions to be evidence in suit.
Commissioner may be examined in person.

Commissions for scientific investigation, performance of ministerial act and
sale of movable property.
10A
Commissioner for scientific investigation.
10B
Commission for performance of ministerial act.
10C
Commission for the sale of movable property.

Commissions to examine accounts
11
Commission to examine or adjust accounts.
12
Court to give Commissioner necessary instructions.
Proceedings and report to be evidence.
Court may direct further inquiry.

Commissions to make partitions
13
Commission to make partition of immovable property.
14
Procedure of Commissioner.

General Provisions
15
Expenses of commission to be paid into Court.
16
Powers of Commissioners.
16A
Questions objected to before the Commissioner.
17
Attendance and examinations of witnesses before Commissioner.
18
Parties to appear before Commissioner.

Commissions issued at the instance of foreign tribunals
18A
Application of Order to execution proceedings.
18B
Court to fix a time for return of commission.
19
Cases in which High Court may issue commission to examine witness.
20
Application for issue of commission.
21
To whom commission may be issued.
22
Issue, execution and return of commissions and transmission of evidence to foreign Court.


ORDER XXVII
Suits By Or Against The Government Or Public Officers In Their Official Capacity

1
Suits by or against Government.
2
Persons authorized to act for Government.
3
Plaints in suits by or against Government.
4
Agent for Government to receive process.
5
Fixing of day for appearance on behalf of Government.
5A
Government to be joined as a party in a suit against a public officer.
5B
Duty of Court in suits against the Government or a public officer to assist in arriving at a settlement.
6
Attendance of person able to answer questions relating to suit against Government.
7
Extension of time to enable public officer to make reference to Government.
8
Procedure in suits against public officer.
8A
No security to be required from Government or a public officer in certain cases.
8B
Definitions of "Government" and "Government pleader".


ORDER XXVII-A
Suits Involving A Substantial Question Of Law As To The Interpretation Of The Constitution Or As To The Validity Of Any Statutory Instrument.

1
Notice to the Attorney General or the Advocate-General.
1A
Procedure in suits involving validity of any statutory instrument.
2
Court may add Government as party.
2A
Power of Court to add Government or other authority as a defendant in a suit relating to the validating of any statutory instrument.
3
Costs.
4
Application of Order to appeals.


ORDER XXVIII
Suits By Or Against Military Or Naval Men Or Airmen

1
Officers, soldiers, sailors or airmen who cannot obtain leave may authorize any person to sue or defend for them.
2
Person so authorized may act personally or appoint pleader.
3
Service on person so authorized, or on his pleader, to be good service.


ORDER XXIX
Suits By Or Against Corporations

1
Subscription and verfication of pleading.
2
Service on corporation.
3
Power to require personal attendance of officer of corporation.


ORDER XXX
  Suits By Or Against Firms And Persons Carrying On Business In Names Other Then Their Own

1
Suing of partners in name of firm.
2
Disclosure of partners' names.
3
Service.
4
Right of suit on death of partner.
5
Notice in what capacity served.
6
Appearance of partners.
7
No appearance except by partners.
8
Appearance under protest.
9
Suits between co-partners.
10
Suit against person carrying on business in name other then his own.


ORDER XXXI
  Suits By Or Against Trustees, Executors And Administrators

1
Representation of beneficiaries in suits concerning property vested in trustees, etc.
2
Joinder of trustees, executors and administrators.
3
Husband of married executrix not to join.


ORDER XXXII
  Suits By Or Against Minors And Persons Of Unsound Mind

1
Minor to sue by next friend.
2
Where suit is instituted without next friend, plaint to be taken off the file.
2A
Security to be furnished by the next friend when so ordered.
[2A
Court may require security from next friend for costs.]
3
Guardian for the suit to be appointed by Court for minor defendant.
3A
Decree against minor not to be set aside unless prejudice has been caused to his interests.
4
Who may act as next friend or be appointed guardian for the suit.
5
Representation of minor by next friend or guardian for the suit.
6.
Receipt by next friend or guardian for the suit of property under decree for minor.
7
Agreement or compromise by next friend or guardian for the suit.
8
Retirement of next friend.
9
Removal of next friend.
10
Stay of proceedings on removal, etc. of next friend.
11
Retirement, removal or death of guardian for the suit.
12
Course to be followed by minor plaintiff or applicant on attaining majority.
13
Where minor co-plaintiff attaining majority desires to repudiate suit.
14
Unreasonable or improper suit.
15
Rules 1 to 14 (except rule 2-A) to apply to persons of unsound mind.
16
Saving.


ORDER XXXII-A
  Suits Relating To Matters Concerning The Family

1
Application of the Order.
2
Proceeding to be held in camera.
3
Duty of court to make efforts for settlement.
4
Assistance of welfare expert.
5
Duty to inquire into facts.
6
"Family" meaning.


ORDER XXXIII
  Suits By Indegent Persons

1
Suits may be instituted by indegent person.
1A
Inquiry into the means of an indegent person.
2
Contents of application.
3
Presentation of application.
4
Examination of applicant.
If presented by agent, Court may order applicant to be examined by commission.
5
Rejection of application.
6
Notice of day for receiving evidence of applicant's pauperism.
7
Procedure at hearing.
8
Procedure if application admitted.
9
Dispaupering.
9A
Costs where indigent person succeeds.
10
Costs where indigent person succeeds.
11
Procedure where indigent person fails.
11A
Procedure where an indeget person suit abates.
12
State Government may apply for payment of Court-fees.
13
State Government to be deemed a party.
14
Recovery of amount of court-fees.
15
Refusal to allow applicant to sue as pauper to bar subsequent application of like nature.
15A
Grant of time for payment of Court fee.
16
Costs.
17
Defence by an indigent person.
18
Power of Government to provide for free legal service to indigent persons.
19
A pauper not to compromise suit without leave of Court.


ORDER XXXIV
  Suits Relating To Mortgages Of Immovable Property

1
Parties to suits for foreclosure, sale and redemption.
2
Preliminary decree in foreclosure-suit.
3
Final decree inforeclosure-suit.
4
Preliminary decree in suit for sale. Power to decree sale in foreclosure-suit.
5
Final decree in suit for sale.
6
Recovery of balance due on mortgage in suit for sale.
7
Preliminary decree in redemption-suit.
8
Final decree in redemption-suit.
8A
Recovery of balance due on mortgage in suit for redemption.
9
Decree where nothing is found due or where mortgagee has been overpaid.
10
Costs of mortgagee subsequent to decree.
10A
Power of Court to direct mortgagee to pay mesne profits.
[10A
Costs of mortaged subsequent to decree.]
11
Payment of interest.
12
Sale of property subject to prior mortgage.
13
Application of proceeds.
14
Suit for sale necessary for bringing mortgaged property to sale.
14A
Special provisions regarding a composite decree combining in itself a preliminary as well as a final decree.
15
Mortgages by the deposit of title-deeds and charges.


ORDER XXXV
  Interpleader

1
Plaint in interpleader-suit.
2
Payment of thing claimed into Court.
3
Procedure where defendant is suing plaintiff.
4
Procedure at first hearing.
5
Agents and tenants may not institute interpleader-suits.
6
Charge for plaintiffs costs.


ORDER XXXVI
  Special Case

1
Power to state case for Court's opinion.
2
Where value of subject-matter must be stated.
3
Agreement to be filed and registered as suit.
4
Parties to be subject to Court's jurisdiction.
5
Hearing and disposal of case.
6
No appeal from a decree passed under rule 5.


ORDER XXXVII
Summary Procedure

1
Courts and classes of suits to which the order is to apply.
[1
Application of Order.
2
Institution of summary suits.
[2
Institution of summary suits upon bill of exchange, etc.]
3
Procedure for the appearance by defendant.
[3
Service of the Writ of Summons on defendant and appearance by defendant.
Summons for judgement.
Defendant to apply for leave to defend.
Hearing and Judgment.
Delay in entering appearance or in applying for leave to defend may be condoned.]
4
Power to set aside decree.
5
Power to order bill, etc, to be deposited with officer of Court.
6
Recovery of cost of noting non-acceptance of dishonoured bill or not.
7
Procedure in suits.


ORDER XXXVIII
Arrest And Attachment Before Judgement
Arrest Before Judgment

1
Where defendant may be called upon to furnish security for appearance.
2
Security.
3
Procedure on application by surety to be discharged.
4
Procedure where defendant fails to furnish security or find fresh security.

Attachment before Judgement
5
Where defendant may be called upon to furnish security for production of property.
6
Attachment where cause not shown or security not furnished.
7
Mode of making attachment.
8
Adjudication of claim to property attached before judgment.
9
Removal of attachment when security furnished or suit dismissed.
10
Attachment before judgement not to affect rights of strangers, nor bar decree-holder from applying for sale.
11
Property attached before judgment not to be re-attached in execution of decree.
11A
Provisions applicable to attachment.
12
Agricultural produce not attachable before judgement.
13
Small Cause Court not to attach immovable property.


ORDER XXXIX
Temporary Injunctions And Interlocutory Orders
Temporary injunctions

1
Cases in which temporary Injunction may be granted.
2
Injunction to restrain repetition or continuance of breach.
2A
Consequence of disobedience or breach of injunction.
3
Before granting injunction Court to, direct, notice to opposite party.
3A
Court to dispose of application for injunction within thirty days.
4
Order for injunction may be discharged, varied or set aside.
5
Injunction to corporation binding on its officers.

Interlocutory Orders
6
Power to order interim sale.
7
Detention, preservation, inspection, etc. of subject-matter of suit.
8
Application for such orders to be after notice.
9
When party may be put in immediate Possession of land the subject matter of suit.
10
Deposit of money etc., in Court.
11
Procedure on parties defying orders of Court, and committing breach of undertaking to the Court.


ORDER XL
Appointment Of Receivers

1
Appointment of receivers.
2
Remuneration.
3
Duties.
4
Enforcement of Receiver's duties.
5
When Collector may be appointed receiver.


ORDER XL-A
  Caveat Rules


ORDER XLI
  Appeals From Original Decrees

1
Form of appeal.
What to accompany memorandum.
Contents of memorandum.
2
Grounds which may be taken in appeal.
3
Rejection or amendment of memorandum.
3A
Application for condonation of delay.
[3A
Procedure where appellant applies for condonation of delay in filing the appeal.]
4
One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all.

Stay of Proceedings and of execution
5

Stay by Appellate Court.
Stay by Court which passed the decree.
6
Security in case of order for execution of decree appealed from
7
[Repealed.]
8
Exercise of powers in appeal from order made in execution of decree.

Procedure on admission of appeal
9
Registry of memorandum of appeal.
Register of appeals.
10
Appellate Court may require appellant to furnish security for costs.
When appellant resides out of India.
11
Power to dismiss  appeal without sending notice to Lower Court.
11A
Time within which hearing under rule 11 should be concluded.
12
Day for hearing appeal.
13
[Repealed.]
14
Publication and service of notice of day for hearing appeal.
Appellate Court may itself cause notice to be served.
15
[Repealed.]
15A
Dismissal for want of prosecution.

Procedure on hearing
16
Right to begin.
17
Dismissal of appeal for appellant's default.
Hearing appeal ex-parte.
18
[Repealed.]
18A
Dismissal for want of prosecution.
19
Re-admission of appeal dismissed for default.
20
Power to adjourn hearing and direct persons appearing interested to be made respondents.
21
Re-hearing on application of respondent against whom ex-parte decree made.
22
Upon hearing, respondent may object to decree as if he had preferred separate appeal.
Form of objection and provisions applicable thereto.
23
Remand of case by Appellate Court.
23A
Remand in other cases.
24
Where evidence on record sufficient, Appellate Court may determine case finally.
25
Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from.
26
Finding and evidence to be put on record.
Objections to finding.
Determination of appeal.
26A
Order of remand to mention date of next hearing.
27
Production of additional evidence in Appellate Court.
28
Mode of taking additional evidence.
29
Points to be defined and recorded.

Judgement in appeal.
30
Judgement when and where pronounced.
31
Contents, date and signature of judgment.
32
What judgement may direct.
33
Power of Court of appeal.
34
Dissent to be recorded.

Decree in appeal
35
Date and contents of decree.
Judge dissenting from judgment need not sign decree.
36
Copies of judgement and decree to be furnished to parties.
37
Certified copy of decree to be sent to Court whose decree appealed from.
38
Registered address to hold good during appellate proceedings.


ORDER XLII
Appeals From Appellate Decrees

1
Procedure.
2
Power of Court to direct that the appeal be heard on the question formulated by it.
3
Application of rule 14 of order XLI.


ORDER XLIII
  Appeals From Orders

1
Appeals from orders.
1A
Right to challenge non-appeable orders in appeal against decrees.
2
Procedure.


ORDER XLIV
  Appeals By Indigent Persons

1
Who may appeal as an indigent person.
2
Grant of time for payment of Court fee.
3
Inquiry as to whether applicant is an indigent person.


ORDER XLV
  Appeals To The Superme Court

1
"Decree' defined.
2
Application to Court whose decree is complained of.
3
Certificate as to value or fitness.
4
[Repealed.]
5
[Repealed.]
6
Effect of refusal of certificate.
7
Security and deposit required on grant of certificate.
7A
Security not to be demanded from Union or State Government or Government servant defended by Government.
8
Admission of appeal and procedure thereon.
9
Revocation of acceptance of security.
9A
Power to dispense with notices in case of deceased parties.
10
Power to order further security or payment.
11
Effect of failure to comply with order.
12
Refund of balance deposit.
13
Powers of Court pending appeal.
14
Increase of security found inadequate.
15
Procedure to enforce orders of the Supreme Court.
16
Appeal from order relating to execution.
17
[Repealed.]


ORDER XLVI
  Reference

1
Refence of question to High Court.
2
Court may pass decree contingent upon decision of High Court.
3
Judgement of High Court to be transmitted, and case disposed of accordingly.
4
Costs of reference to High Court.
4A
Reference to High Court under proviso to section 113.
5
Power to alter, etc., decree of Court making reference.
6
Power to refer to High Court question as to jurisdiction in small causes.
7
Power to District Court to submit for revision proceedings had under mistake as to jurisdiction in small causes.
8
Applicability of rule 38 of Order XLI.


ORDER XLVII
  Review

1
Application for review of judgement.
2
[Repealed.]
3
Form of applications for review.
4
Application where rejected.
Application where granted.
5
Application for review in Court consisting of two or more Judges.
6
Application where rejected.
7
Order of rejection not appealable.
Objections to order granting application.
8
Registry of application granted , and order for re-hearing.
9
Bar of certain applications.
10
Applicability of rule 38 of Order XLI.


ORDER XLVIIA
  Revision

1
Applicability of rule 38 of Order XLI.


ORDER XLVIII
  Miscellaneous

1
Process to be served at expense of party issuing. Costs of service.
2
Orders and notices how served.
3
Use of forms in appendices.


ORDER XLIX
  Chartered High Courts

1
Who may serve processes of High Court.
2
Saving in respect of Chartered High Courts.
3
Application of rules.
4
Powers of the Registrar of the High Court to accept court fees after the presentation of the appeal.


ORDER L
  Provincial Small Cause Courts

1
Provincial Small Cause Courts.


ORDER LI
  Presidency Small Cause Courts

1
Presidency Small Cause Courts.


APPENDICES TO THE FIRST SCHEDULE

Forms

A-Pleadings.
1. Titles of suits.
2. Description of parties in particular cases.
3. Plaints.
4. Written Statements
.


B - Process.


C - Discovery, Inspection And Admission.


D - Decrees.


E - Execution.


F - Supplemental Proceedings.


G - Appeal, Reference And Review.


H - Miscellaneous.




* * * * *