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RULES |
ORDER |
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ORDER
I
Parties To Suits
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1
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Who
may be joined as plaintiffs.
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2
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Power
of Court to order separate trials.
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3
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Who
may be joined as defendants.
|
3A
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Power
to order separate trials where joinder of defendants may embarras or
delay trial.
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4
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Court
may give judgment for or against one or more of joint parties.
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5
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Defendant
need not be interested in all the relief claimed.
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6
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Joinder
of parties liable on same contract.
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7
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When
plaintiff in doubt from whom redress is to be sought.
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8
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One
person may sue or defend on behalf of all in same interest.
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8A
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Power
of Court to permit a person or body of persons to present opinion or to
take part in the proceedings.
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9
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Mis-joinder
and non-joinder.
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10
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Suit
in name of wrong plaintiff.
Court may strike out or add parties. Where defendant added,
plaint to be amended.
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10A
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Power
of Court to request any pleader to address it.
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11
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Conduct
of Suit.
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12
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Appearance
of one of serveral plaintiffs or defendants for others.
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13
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Objections
as to non-joinder or misjoinder.
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ORDER
II
Frame Of Suit
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1
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Frame
of Suit
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2
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Suit
to include the whole claim.
Relinquishment of part of claim, Omission to sue for one of serveral
reliefs.
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3
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Joinder
of causes of action.
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4
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Only
certain claims to be joined for recovery of immovable property.
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5
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Claims
by or against executor, administrator or heir.
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6
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Power
of Court to order separate trials.
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7
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Objections
as to misjoinder.
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ORDER
III
Recognized Agents And Pleaders
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1
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Appearances,
etc., may be in person, by recognized agent or by pleader.
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2
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Recognized
agents.
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3
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Service
of process on recognized agent.
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4
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Appointment of
pleader
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5
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Service
of process on pleader.
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6
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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.
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ORDER
IV
Institution Of Suits
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1
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Suit
to be commenced by a plaint.
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2
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Register
of Suits.
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ORDER
V
Issue And Service Of Summons
Issue Of Summons
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1
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Summons.
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2
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Copy
of plaint to accompany summons.
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3
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Court
may order defendant or plaintiff to appear in person.
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4
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No
party to be ordered to appear in person unless resident within certain
limits.
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5
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Summon
to be either to settle issues or for final disposal.
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6
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Fixing
day for appearance of defendant.
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7
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Summons
to order defendant to produce documents relied on by him.
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8
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On
issue of summons for final disposal, defendant to be directed to
produce his witnesses.
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Service of Summons
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9
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Delivery
of summons by Court.
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9A
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Summons
given to the plaintiff for service.
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10
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Mode
of service.
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11
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Service
on several defendants.
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12
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Service
to be on defendant in person when practicable or on his agent.
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13
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Service
on agent by whom defendant carries on business.
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14
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Service
on agent in charge in suits for immovable property.
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15
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Where
service may be on male member of defendant's family.
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16
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Person
served to sign acknowledgment.
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17
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Procedure
when defendant refuses to accept service, or cannot be found.
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18
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Endorsement
of time and manner of serevice.
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19
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Examination
of serving officer.
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19A
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[Repealed]
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20
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Substituted
service.
Effect of substituted service.
Where service substituted, time for appearance to be fixed.
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20A
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[Omitted]
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21
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Service
of summons where defendant resides within jurisdiction of another Court.
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21A
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Court
may order service by registered post in addition to or substitution of
other modes.
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22
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Service
within presidency-towns of summons issued by Courts outsider.
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23
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Duty
of Court to which summons is sent.
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24
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Service
on defendant in prison.
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25
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Service
where defendant resides out of India and has no agent.
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26
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Service
in foreign territory through political agent or court.
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26A
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Summonses
to be sent to officers of foreign countries.
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27
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Service
on Civil Public Officer or on servant of railway company or local
authority.
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28
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Serevice
on soldiers, sailors or airmen.
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29
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Duty
of person to whom summons is delivered or sent for service.
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30
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Substitution
of letter for summons.
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ORDER
VI
Pleadings Generally
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1
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Pleading.
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2
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Pleading
to state material facts and not evidence.
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3
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Forms
of pleading.
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4
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Particulars
to be given where necessary.
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5
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[Repealed]
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6
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[Further
and better Statement or Particulars.] Condition precedent.
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7
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Departure.
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8
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Denial
of contract.
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9
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Effect
of document to be stated.
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10
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Malice,
knowledge, etc.
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11
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Notice.
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12
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Implied
contract or relation.
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13
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Presumptions
of law.
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14
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Pleading
to be signed.
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14A
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Address
for service of notice.
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15
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Varification
of pleadings.
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16
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Striking
out pleadings.
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17
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Amendment
of pleadings.
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18
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Failure
to amend after order.
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ORDER
VII
Plaint
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1
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Particulars
to be contained in plaint.
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2
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In
money suits.
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3
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Where
the subject-matter of the suit is immovable property.
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4
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When
plaintiff sues as representative.
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5
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Defendant's
interest and liability to be shown.
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6
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Grounds
of exemption from limitation law.
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7
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Relief
to be specifically stated.
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8
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Relief
founded on separate grounds.
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9
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Procedure
on admitting plaint.
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9A
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[Chief
Ministerial Officer to Sign lits and copies produced alongwith plaint.]
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10
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Return
of plaint, Procedure on returning plaint.
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10A
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Power
of Court to fix a date of appearance in the Court where plaint is to be
filed after its return.
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10B
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Power
of Appellate Court to transfer suit to the proper Court.
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11
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Rejection
of plaint.
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12
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Procedure
on rejecting plaint.
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13
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Where
rejection of plaint does not preclude presentation of fresh plaint.
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Documents Relied On In Plaint
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14
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Production
of document on which plaintiff sues or relies.
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15
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[Repealed]
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16
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Suits
on lost negotiable instruments.
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17
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Production
of shop-book.
Original entry to be marked and returned.
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18
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[Repealed]
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19
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Address
to be filed with plaint or original petition. Registered address.
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20
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Nature
of address to be filed.
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21
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Consequences
of failure to file address.
When default to be condoned.
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22
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Procedure
when party not found at the place of registered address.
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23
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Service
of process where party engages pleader.
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24
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Change
of registered address.
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25
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Rules
not binding on Court.
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26
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Applicability
to notice under O.XXI, r.22
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ORDER
VIII
Written Statement, Set-Off, Counter-Claim And Third Party Procedure
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1
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Written
Statement.
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1A
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Duty
of defendant to produce documents upon which relif is claimed or relied
upon by him.
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2
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New
facts must be specially pleaded.
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3
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Denial
to be specific.
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4
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Evasive
denial.
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5
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Specific
denial.
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6
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Particulars
of set-off to be given in written statement.
Effect of set-off.
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6A
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Counter
claim by defendant.
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6B
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Counter
claim to be stated.
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6C
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Exclusion
of counter-claim.
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6D
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Effect
of discontinuance of suit.
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6E
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Default
of plaintiff to reply to counter-claim.
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6F
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Relieff
to defendant where counter-claim succeeds.
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6G
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Rules
relating to written statement to apply.
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7
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Defence
or set-off founded on separate grounds.
|
8
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New
ground of defence.
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8A
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[Repealed]
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9
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Subsequent
pleadings.
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10
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Procedure
when party fails to present written statement called for by Court.
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11
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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
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12
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Applicability
of rr.20 and 22 to 26 of Order VII
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Counter-Claim
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13
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Defendant
may set up counter-claim against the claim of the plaintiff in addition
to set-off.
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14
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Defendant
setting up a counter-claim to specifically state so in the written
statement.
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15
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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.
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16
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Service
of summons when counter-claim is against persons who are not already
parties to the suit.
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17
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Appearance
of persons other then defendant to the suit, whyen served with
counter-claim.
|
18
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Reply
to counter-claim.
|
19
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Objection
to counter claim being allowed to be sent up in the suit.
|
20
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Counter-claim
may be proceeded with, even if suit be stayed, discontinued or
dismissed.
|
21
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On
default of reply to counter-claim, the counter-claim may be set down
for jugment.
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22
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Judgment
when set-off or counter-claim, the counter-claim may be set down for
jugment.
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Third Party Procedure
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23
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Third
party Notice.
|
24
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Form
and Service of Notice.
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25
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Effect
of Service of Notice.
|
26
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Thrid
Party to enter Appearance or Vakalatnama.
|
27
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Consequence
of Failure to enter Appearance or Vakalatnama.
|
28
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Decree
when Third Party makes Default in Appearance or Vakalatnama.
|
29
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Third
Party to file Affidavit to Reply.
|
30
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Appearance
or Vakalatnama of Thrid Party Direction to be given.
|
31
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Defendant
to apply for direction in certain cases.
|
32
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Costs.
|
33
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Setting
aside thrid party proceedings.
|
34
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Rights
of the third party and of each successive thrid party to apply for
third party notice against other persons.
|
35
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Right
of defendant to issue thrid party notice against co-defendant.
|
36
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Thrid
Party proceedings in a counter-claim.
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ORDER
IX
Appearance Of Parties And Consequence Of Non-Appearance
|
1
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Parties
to appear on day fixed in summons for defendant to appear answer.
|
2
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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
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Procedure
where defendant appears on day of adjourned hearing and assigns good
cause for previous non-appearance.
|
8
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Procedure
where defendant only appears.
|
9
|
Decree
against plaintiff by default bars bresh suit.
|
10
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Procedure
in case of non-attendance of one or more of serveral plaintiffs.
|
11
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Procedure
in case of non-attendance of one or more of several defendants.
|
12
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Consequence
of non-attendance, without sufficient cause shown, of party ordered to
appear in person.
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Setting Aside Decrees Ex-Parte
|
13
|
Setting
aside decree ex parte against
defendant.
|
14
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No
decree to be set aside without notice to opposite party.
|
15
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Application
of the provisions of this Order to Appeals.
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ORDER
X
Examination Of Parties By The Court
|
1
|
Ascertainment
whether allegation in pleadings are admitted or denied.
|
1A
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Direction
of the court to opt for any one mode of alternative dispute resolution.
|
1B
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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.
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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
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Order
to answer or answer further.
|
12
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Application
for discovery of documents.
|
13
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Affidavit
of documents.
|
14
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Production
of documents.
|
15
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Inspection
of documents referred to in pleading or affidavits.
|
16
|
Notice
of produce.
|
17
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Time
for inspection when notice given.
|
18
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Order
for inspection.
|
19
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Verified
copies.
|
20
|
Premature
discovery.
|
21
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Non-compliance
with order for discovery.
|
22
|
Using
answers to interrogatories at trial.
|
23
|
Order
to apply to minors.
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|
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
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|
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
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Where defendant may be called upon to
furnish security for appearance.
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2
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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
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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.
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11A
|
Provisions applicable to attachment.
|
12
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Agricultural produce not attachable before
judgement.
|
13
|
Small
Cause Court not to attach immovable property.
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ORDER
XXXIX
Temporary Injunctions And Interlocutory Orders
Temporary injunctions
|
1
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Cases in which temporary Injunction may be
granted.
|
2
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Injunction to restrain repetition or
continuance of breach.
|
2A
|
Consequence of disobedience or breach of
injunction.
|
3
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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.
|
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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.
|
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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.
|
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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.]
|
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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.
|
|
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