ORDER I - PARTIES OF SUITS
1. Who may
be joined as plaintiffs. 2. Power of Court to order separate
trial.
3. Who may
be joined as defendants. 3A. Power to order separate trials where
joinder of defendants may embarrass or delay trial. 3-B.
Conditions for entertainment of suits.
4.
Court may give judgment for or against one or more of joint parties.-Judgment
may be given without any amendment- 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.
Misjoinder and nonjoinder 10. Suit in name of wrong plaintiff 10A. Power of Court to request any
pleader to address it. 11. Conduct of suit The Court may
give the conduct of 1[a suit] to such persons as it deems proper. 12. Appearance of one of several plaintiffs
or defendants for others 13. Objections as to non-joinder or
misjoinder.
ORDER
II - FRAME OF SUIT (THE FIRST SCHEDULE)
1. Frame of suit 2. Suit to include the whole claim. 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 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.Recognised agents.
3.Service of process
on recognized agent. 4.Appointment
of pleader.
5.Service of process
on pleader. 6.Agent to
accept service.
ORDER IV- INSTITUTION OF SUITS
1.Suit to be commenced
by plaint. 2.Register of
suits.
ORDER V- ISSUE And SERVICE OF SUMMONS
1.Summons. 2.Copy
or statement annexed to 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.Summons
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 or transmission of summons 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 service. 19.Examination
of serving office. 20.Substituted
service. Effect of substituted service. Where service substituted, time for
appearance to be -fixed. 21.Service
of summons where defendant resides within jurisdiction of another Court. 22.Service
within presidency-towns of summons issued by Courts outside. 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. 27.Service
on civil public officer or on servant of railway company or local authority. 28.Service 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.Further and better statement, or particulars.
6.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. 15.Verification 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. Concise statements 10.Return of plaint. Procedure on returning
plaint. 11.Rejection of
plaint. 12.Procedure
on rejecting plaint. 13.Where
rejection of plaint does not preclude presentation of fresh plaint. 14.Production of document on which plaintiff sues. List of other
documents. 15.Statement
in case of documents not in plaintiff's possession or power. 16.Suits on
lost negotiable instruments. 17.Production
of shop-book. Original entry to be marked and returned. 18.Inadmissibility
of document not produced when plaint filed.
ORDER VIII-WRITTEN STATEMENT AND SET-OFF
1.Written statement. 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. 7. Defence or set-off
founded on separate grounds.
8. New ground of defence. 9. Subsequent
pleadings. 10. Procedure when
party fails to present written statement called for by Court.
ORDER IX-APPEARANCE OF PARTIES AND
CONSEQUENCE OF NON-APPEARANCE
1.
Parties to appear on day fixed in summons for defendant to appear and 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 three 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 fresh suit. 10. Procedure in case of non-attendance of
one or more of several 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. 13.
Setting aside decree ex parse against defendant. 14. No
decree to be set aside without notice to opposite party
ORDER
X-EXAMINATION
OF PARTIES BY THE COURT
1.
Ascertainment whether allegations in pleadings are admitted are denied. 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
to 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 ADMISSIONS
1.Notice
of admission of case. 2.Notice
to admit documents. 3.Form of notice.
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.
.Documentary
evidence to be produced at first hearing. 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. 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 SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON
1.Framing
of issues. 2.Issues
of law and of fact. 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
HEARING
1.Parties
not at issue. 2.One
of several defendants not at issue.
3.Parties
at issue. 4.Failure
to produce evidence.
ORDER XVI-SUMMONING AND ATTENDANCE OF WITNESSES
1.Summons
to attend to give evidence or produce documents. 2.
Expenses of witness to be paid into Court on applying for summons.Experts.Scale
of expenses. 3. Tender of expenses to witness.
4. Procedure where
insufficient sum paid in. Expenses of witnesses detained more than one day.
5.
Time, place and purpose of attendance to be specified in summons. 6.
Summons to produce document. 7. Power to require
persons present in Court to give evidence or produce document. 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 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 falls 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. 4.
Witnesses to be examined in open Court. 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.
Judge unable to make such memorandum to record reasons of; his inability. 15. Power to deal with
evidence taken before another Judge. 16.
Power to examine witness immediately. 17. Court may recall
and examine witness. 18.
Power of Court to inspect.
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.
Judgments of Small Cause Courts.
Judgments
of other Courts. 5.
Court to state its decision on each issue. 6. Contents of decree. 7.
Date of decree. 8. Procedure where Judge has vacated
office before signing decree. 9.
Decree for recovery of immovable property. 10. Decree for delivery of movable
property. 11.
Decree may direct payment by instalments. Order, after decree, for payment by
instalments. 12. Decree for possession and mesne
profits. 13.
Decrée 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 XXI. EXECUTION OF DECREES AND ORDERS
1. Modes of paying
money under decree 2. Payment out of Court to decree-holder
(2A) No payment or adjustment shall be
recorded at the instance of the Hidgment-debtor unless- 3. Lands situate in more than
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
10. Application for execution 11. Oral 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-holders 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-suits 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-debtor before the sale
but after the service of the proclamation of sale. 23. Procedure after issue of
notice 24.
Process for execution 25. Endorsement on process 26. When Court may stay
execution 27. Liability of judgment-debtor discharged 28. Order cf 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
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 endoresment of negotiable instrument 35. Decree for immovable property 36.
Decree for delivery of immovable property when in occupancy of tenant 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 judgement-debtor in obedience to notice or after
arrest 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 property, other than
agricultural produce, in possession of judgment-debtor
43A. Custody of movable
property 44. Attachment of agricultural produce.
45. Provisions
as to agricultural produce under attachment 46. Attachment of debt, share and other
property not in possession of judgment-debtor 47. Attachment of share in movables 48. Attachment of salary or allowances of servant of the Government or
railway company or local authority 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 of
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
58. Adjudication of claims to, or objections
to attachment of, property- 59.
Stay of sale
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 auction 67.
Mode of making proclamation 68. Time of sale
69. Adjournment or
stoppage of sale 70. [Saving of
certain sales.]
71. Defaulting
purchaser answerable for loss on re-sal 72. Decree holder not to bid for or buy
property without permission 72A.
Mortgagee not to bid at sale without the leave of the Court 73. Restriction on
bidding or purchase by officers.
74. Sale of agricultural produce 75. Special provisions relating to growing
crops. 76. Negotiable instruments
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 share 80. Transfer of negotiable instruments
and shares. 81. Vesting order in case of other 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. 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 fraud 91.
Application by purchaser to set aside sale on ground of judgment-debtor having
no saleable interest. 92. Sale when to become absolute or be set
aside. 93.
Return of purchase-money in certain cases.
94. Certificate to purchaser. 95. Delivery of property in occupancy of
judgment-debtor 96. Delivery of property in occupancy of
tenant 97.
Resistance or obstruction to possession of immovable property. 98. Orders after adjudication. 99. Dispossession by
decree-holder or purchaser 100. Order to be passed upon application
complaining of dispossession 101.
Questions to be determined
102. Rules not applicable to transferee pendent life 103.
Orders to be treated as decrees 104. Order under rule 101 or rule 103 to be
subject to the result or pending suit 105.
Hearing of application 106. Setting aside order 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 3. Procedure in case of death of one of
several plaintiffs or sole plaintiff. 4.
Procedure in case of death of one of several defendants or sole defendant. 5. Determination of question as to legal
representative. 6.
No abatement by reason of death after hearing. 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. 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.
2.
Limitation law not affected by first suit.
3.
Compromise of suit. 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.
5. 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.
ORDER XXVI COMMISSIONS
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 issue. 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. 9. Commissions to make local
investigations. 10.
Procedure of Commissioner.
Report
and depositions to be evidence in suit. Commissioner
may be examined in person. 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.
15.
Expenses of commission to be paid into Court. 16. Powers of
Commissioners.
17.
Attendance and examination of witnesses before Commissioner. 18. Parties to appear
before Commissioner. 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. 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 XXVIIA SUITS INVOLVING A SUBSTANTIAL QUESTION
OF LAW AS TO THE INTERPRETATION OF THE CONSTITUTION
1.
Notice to the Attorney General or the Advocate-General. 2. Court may add
Government as party. 3. Costs. 4.
AppIication 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
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 verification 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 THAN 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 than 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 XXXIISUITS 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. 3. Guardian for the suit to be appointed by Court for
minor defendant.
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.
Application of rules to persons of unsound mind. 16.
Saving for Princes and Chiefs.
ORDER XXXIlI SUITS BY PAUPERS
1.
Suits may be instituted in form
a
paupers. 2.
Contents of application. 3. Presentation of
application. 4.
Examination of applicant. 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. l0.Costs
where pauper succeeds. 11. Procedure where
pauper fails. 11A.Procedure
where pauper 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. 16. Costs.
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 in foreclosure-suit. 4.
Preliminary decree in suit for sale.
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.
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.
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 plaintiff's 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.
ORDER XXXVII SUMMARY PROCEDURE ON NEGOTIABLE:
INSTRUMENTS
1.Application
of Order. 2.
Institution of summary suits upon bills of exchange, etc.
3.
Defendant showing defence on merits to have leave to appear. 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 note. 7. Procedure in suits.
ORDER XXXVIII ARREST
AND ATTACHMENT 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. 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.
Investigation of claim to property attached before judgment. 9. Removal of attachment when security furnished or
suit dismissed.
10. Attachment before
judgment 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. 12.
Agricultural produce not attachable before judgment.
13.
Small Cause Court not to attach immovable property.
ORDER XXXIXTEMPORARY INJUNCTIONS AND
INTERLOCUTORY ORDERS
1.Cases
in which temporary injunction may be granted. 2.
Injunction to restrain repetition or continuance of breach. 3. Before granting injunction, Court to
direct notice to opposite party.
4. Order for
injunction may be discharged, varied or set aside. 5. Injunction to corporation binding on its officers. 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.
l0.Deposit of money,
etc., in Court.
ORDER XL APPOINTMENT OK, RECEIVERS
1.
Appointment of receivers. 2.
Remuneration. 3. Duties. 4.
Enforcement of receiver's duties. 5. When Collector may
be appointed receiver.
ORDER XLI-APPEALS FROM ORIGINAL DECREES
1.
Form of appeal. 2. Grounds which may
be taken in appeal. 3.
Rejection or amendment of memorandum. 4. One of several
plaintiffs or defendants may obtain reversal of whole decree where it proceeds
on ground common to all. 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.
9. Registry of
memorandum of appeal. 10. Appellate Court
may require appellant to furnish security for costs. 11.
Power to dismiss appeal without sending notice to Lower Court.
12.
Day for hearing appeal. 13.
Appellate Court to give notice to Court whose decree appealed from. 14. Publication and service of notice of
day for hearing appeal. 15.
Contents of notice. 16. Right to begin. 17.
Dismissal of appeal for appellant's default.
18.
Dismissal of appeal where notice not served in consequence of appellant's
failure to deposit costs.
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 who ex parse 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. 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. Findings and evidence to be put on
record. Objections to finding. Determination of 27.
Production of additional evidence in Appellate Court. 28. Mode of taking
additional evidence. 29.
Points to be defined and recorded.
30.
Judgment when and where pronounced. 31.
Contents, date and signature of judgment. 32. What judgment may
direct. 33.
Power of Court of appeal 34. Dissent to be recorded. 35.
Date and contents of decree. 36. Copies of judgment and decree to be
furnished to parties. 37.
Certified copy of decree to be sent to Court whose decree appealed from.
ORDER XLII APPEALS
FROM APPELLATE DECREE 1. Procedure.
ORDER XLIII APPEALS FROM ORDERS 1. Appeals from
orders. 2.
Procedure.
ORDER XLIV PAUPER
APPEALS
1.Who
may appeal as pauper.- 2.Inquiry into pauperism.-
ORDER XLV APPEALS
TO THE SUPREME COURT
1."
Decree " defined. 2.Application
to Court whose decree complained of. 3.Certificate as to
value or fitness. 4.Consolidation
of suits. 5.Remission of dispute
to Court of first instance.
6.Effect of refusal of
certificate. 7.Security and deposit required on grant
of certificate.
8.Admission of appeal and procedure
thereon. 9.Revocation of acceptance of security. 9A.Power
to dispense with notices in case of deceased parties. l0.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.Reference
of question to High Court. 2.Court
may pass decree contingent upon decision of High Court 3.Judgment of High Court to be
transmitted, and ease 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 questions 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.
ORDER XLVII -REVIEW
1.Application
for review of judgment. 2.To
whom applications for review may be made.
3.Form
of applications for review. 4.Application
where rejected. 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.
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.
ORDER L PROVINCIAL SMALL CAUSE COURTS 1.Provincial Small Cause Courts.
ORDER LI PRESIDENCY SMALL CAUSE COURTS 1.Presidency Small Cause Courts.
III SCHEDULE EXECUTION OF DECREES BY COLLECTORS
1.Power of collector.- 2.Procedure of Collector in special causes.- 3.Notice to be
given to decree-holders and to persons having claims on property.- 4.Amount of decrees
for payment of money to be ascertained, and immovable property available for
their satisfaction.- 5.Where District Court may issue notices and
hold inquiry.- .6.Effect of decision
of Court as to dispute.- 7.Scheme for liquidation of decrees for payment of money.- 8.Recovery of balance (if any) after
letting or management.- 9.Collector to render accounts to Court.- 10.Sales how to be
conducted.- 11.Restrictions as to alienation by judgment debtor or his
representative, and prosecution or remedies by decree-holders.- 12.Provision where property is in
several districts.- 13.Powers of Collector to compel attendance and production.-
