THE CODE OF CIVIL PROCEDURE, 1908 ______ ARRANGEMENT OF SECTIONS ______

1 · (3) A payment or adjustment, which has not been certified or recorded as aforesaid, shall not be recognized by any Court executing the decree.

3 · Lands situate in more than one jurisdiction.—Where immovable property forms one estate or tenure situate within the local limits of the jurisdiction of two or more Courts, any one of such Courts may attach and sell the entire estate or tenure.

4 · Transfer to Court of Small Causes. —Where a decree has been passed in a suit of which the value as set forth in the plaint did not exceed two thousand rupees and which, as regards its subject-matter, is not excepted by the law for the title being in force from the cognizance of either a Presidency or a Provincial Court of Small Causes, and the Court which passed it wishes it to be executed in Calcutta, Madras 2 [or Bombay], such Court may send to the Court of Small Causes in Calcutta, Madras 2 [or Bombay], as the case may be, the copies and certificates mentioned in rule 6; and such Court of Small Causes shall thereupon execute the decree as if it had been passed by itself.

3 · [5. Mode of transfer.—Where a decree is to be sent for execution to another Court, the Court which passed such decree shall send the decree directly to such other Court whether or not such other Court is situated in the same State, but the Court to which the decree is sent for execution shall, if it has no jurisdiction to execute the decree, send it to the Court having such jurisdiction.]

6 · Procedure where Court desires that its own decree shall be executed by another Court.—The Court sending a decree for execution shall send—

7 · Court receiving copies of decree, etc., to file same without proof.—The Court to which a decree is so sent shall cause such copies and certificates to be filed, without any further proof of the decree or order for execution, or of the copies thereof, unless the Court, for any special reasons to be recorded under the hand of the Judge, requires such proof.

8 · Execution of decree or order by Court to which it is sent.—Where such copies are so filed, the decree or order may, if the Court to which it is sent is the District Court, be executed by such Court or be transferred for execution to any subordinate Court of competent jurisdiction.

9 · Execution by High Court of decree transferred by other Court.—Where the Court to which the decree is sent for execution is a High Court, the decree shall be executed by such Court in the same manner asif it had been passed by such Court in the exercise of its ordinary original civil jurisdiction.

10 · Application for execution.—Where the holder of a decree desires to execute it, he shall apply to the Court which passed the decree or to the officer (if any) appointed in this behalf, or if the decree has been sent under the provisions hereinbefore contained to another Court then to such Court or to the proper officer thereof.

1 · In the application of the Act to Punjab, sub-rule (3) rep. by the Punjab Relief of Indebtedness Act, 1934 (Pun. Act 7 of 1934), s. 36.

2 · Subs. by the A.O. 1937, for “Bombay or Rangoon”.

3 · Subs. by Act 104 of 1976, s. 72, for rule 5 (w.e.f. 1-2-1977).

11 · Oral application.—(1) Where a decree is for the payment of money the Court may, on the oral application of the decree-holder at the time of the passing of the decree, order immediate execution thereof by the arrest of the judgment-debtor, prior to the preparation of a warrant if he is within the precincts of the Court.

1 · [(ii) by the attachment, or by the attachment and sale, or by the sale without attachment, of any property;]

2 · [11A. Application for arrest to state grounds.—Where an application is made for the arrest and detention in prison of the judgment-debtor, it shall state, or be accompanied by an affidavit stating, the grounds on which arrest is applied for.]

12 · Application for attachment of movable property not in judgment-debtor's possession.—Where an application is made for the attachment of any movable property belonging to a judgment-debtor but not in his possession, the decree-holder shall annex to the application an inventory of the property to be attached, containing a reasonably accurate description of the same.

13 · Application for attachment of immovable property to contain certain particulars.—Where an application is made for the attachment of any immovable property belonging to a judgment-debtor, it shall contain at the foot—

1 · Subs. by Act 104 of 1976, s. 72, for sub-clause (ii) (w.e.f. 1-2-1977).

2 · Ins. by s. 72, ibid. (w.e.f. 1-2-1977) .

14 · Power to require certified extract from Collector's register in certain cases.—Where an application is made for the attachment of any land which is registered in the office of the Collector, the Court may require the applicant to produce a certified extract from the register of such office, specifying the persons registered as proprietors of, or as possessing any transferable interest in, the land or its revenue, or as liable to pay revenue for the land, and the shares of the registered proprietors.

15 · Application for execution by Joint decree-holders.—(1) Where a decree has been passed jointly in favour of more persons than one, any one or more of such persons may, unless the decree imposes any condition to the contrary, apply for the execution of the whole decree for the benefit of them all, or, where any of them has died, for the benefit of the survivors and the legal representatives of the deceased.

16 · Application for execution by transferee of decree.—Where a decree or, if a decree has been passed jointly in favour of two or more persons, the interest of any decree-holder in the decree is transferred by assignment in writing or by operation of law, the transferee may apply for execution of the decree to the Court which passed it; and the decree may be executed in the same manner and subject to the same conditions as if the application were made by such decree-holder:

1 · [Explanation.—Nothing in this rule shall affect the provisions of section 146, and a transferee of rights in the property, which is the subject matter of the suit, may apply for execution of the decree without a separate assignment of the decree as required by this rule.]

17 · Procedure on receiving application for execution of decree.—(1) On receiving an application for the execution of a decree as provided by rule 11, sub-rule (2), the Court shall ascertain whether such of the requirements of rules 11 to 14 as may be applicable to the case have been complied with; and, if they have not been complied with, 2 [the Court shall allow] the defect to be remedied then and there or within a time to be fixed by it.

2 · [1A. If the defect is not so remedied, the Court shall reject the application:

1 · Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977) .

2 · Subs. by s. 72, ibid., for certain words (w.e.f. 1-2-1977).

18 · Execution in case of cross-decrees.—(1) Where applications are made to a Court for the execution of cross-decrees in separate suits for the payment of two sums of money passed between the same parties and capable of execution at the same time by such Court, then—

19 · Execution in case of cross-claims under same decree.—Where application is made to a Court for the execution of a decree under which two parties are entitled to recover sums of money from each other, then—

20 · Cross-decrees and cross-claims in mortgage suits.—The provisions contained in rules 18 and 19 shall apply to decrees for sale in enforcement of a mortgage or charge.

21 · Simultaneous execution.—The Court may, in its discretion, refuse execution at the same time against the person and property of the judgment-debtor.

22 · Notice to show cause against execution in certain cases.—(1) Where an application for execution is made—

1 · Subs. by Act 104 of 1976, s. 72, for “one year” (w.e.f. 1-2-1977).

2 · Ins. by Act 8 of 1937, s. 3.

3 · Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977) .

1 · [(c) against the assignee or receiver in insolvency, where the party to the decree has been adjudged to be an insolvent,]

1 · [22A. Sale not be set aside on the death of the judgment-debtor before the sale but after the service of the proclamation of sale.—Where any property is sold in execution of a decree, the sale shall not be set aside merely by reason of the death of the judgment-debtor between the date of issue of the proclamation of sale and the date of the sale notwithstanding the failure of the decree-holder to substitute the legal representative of such deceased judgment-debtor, but, in case of such failure, the Court may set aside the sale if it is satisfied that the legal representative of the deceased judgment-debtor has been prejudiced by the sale.]

23 · Procedure after issue of notice.—(1) Where the person to whom notice is issued under 3 [rule 22] does not appear or does not show cause to the satisfaction of the Court why the decree should not be executed, the Court shall order the decree to be executed.

24 · Process for execution.—(1) When the preliminary measures (if any) required by the foregoing rules have been taken, the Court shall, unless it sees cause to the contrary, issue its process for the execution of the decree.

4 · [(3) In every such process, a day shall be specified on or before which it shall be executed and a day shall also be specified on or before which it shall be returned to the Court, but no process shall be deemed to be void if no day for its return is specified therein.]

25 · Endorsement on process.—(1) The officer entrusted with the execution of the process shall endorse thereon the day on, and the manner in, which it was executed, and, if the latest day specified in the process for the return thereof has been exceeded, the reason of the delay, or, if it was not executed, the reason why it was not executed, and shall return the process with such endorsement to the Court.

1 · Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977) .

2 · Subs. by s. 72, ibid., for “one year” (w.e.f. 1-2-1977).

3 · Subs. by Act 38 of 1978, s. 3 and the second Sch., for “the last preceding rule” (w.e.f. 26-11-1978).

4 · Subs. by Act 104 of 1976, s. 72, for sub-rule (3) (w.e.f. 1-2-1977).

26 · When Court may stay execution.—(1) The Court to which a decree has been sent for execution shall, upon sufficient cause being shown, stay the execution of such decree for a reasonable time, to enable the judgment-debtor to apply to the Court by which the decree was passed, or to any Court having appellate jurisdiction in respect of the decree or the execution thereof, for an order to stay execution, or for any other order relating to the decree or execution which might have been made by such Court of first instance or Appellate Court if execution had been issued thereby, or if application for execution had been made thereto.

1 · debtor, 1 [the Court shall require] such security from, or impose such condition upon, the judgment-debtor as it thinks fit.

27 · Liability of judgment-debtor discharged.—No order of restitution or discharge under rule 26 shall prevent the property or person of a judgment-debtor from being retaken in execution of the decree sent for execution.

28 · Order of Court which passed decree or of Appellate Court to be binding upon Court applied to.—Any order of the Court by which the decree was passed, or of such Court of appeal as aforesaid, in relation to the execution of such decree, shall be binding upon the Court to which the decree was sent for execution.

29 · Stay of execution pending suit between decree-holder and judgment-debtors.—Where a suit is

2 · pending in any Court against the holder of a decree of such Court 2 [or of a decree which is being executed by such Court, on the part of the person against whom the decree was passed, the Court may, on such terms as to security or otherwise, as it thinks fit, stay execution of the decree until the pending suit has been decided:

2 · [Provided that if the decree is one for payment of money, the Court shall, if it grants stay without requiring security, record its reasons for so doing.]

30 · Decree for payment of money.—Every decree for the payment of money, including a decree for the payment of money as the alternative to some other relief, may be executed by the detention in the civil prison of the judgment-debtor, or by the attachment and sale of his property, or by both.

31 · Decree for specific movable property.—(1) Where the decree is for any specific movable, or for any share in a specific movable, it may be executed by the seizure, if practicable, of the movable or share, and by the delivery thereof to the party to whom it has been adjudged, or to such person as he appoints to receive delivery on his behalf, or by the detention in the civil prison of the judgment-debtor, or by the attachment of his property, or by both.

1 · Subs. by Act 104 of 1976, s. 72, for “the Court may require” (w.e.f. 1-2-1977).

2 · Ins. by s. 72, ibid. (w.e.f. 1-2-1977).

3 · Subs. by s. 72, ibid, for “six months” (w.e.f. 1-2-1977).

32 · Decree for specific performance for restitution of conjugal rights, or for an injunction.—

3 · [Explanation.—For the removal of doubts, it is hereby declared that the expression "the act required to be done" covers prohibitory as well as mandatory injunctions.]

33 · Discretion of Court in executing decrees for restitution of conjugal rights.—(1) Notwithstanding anything in rule 32, the Court, either at the time of passing a decree 4 [against a husband] for the restitution of conjugal rights or at any time afterwards, may order that the decree 5 [shall be executed in the manner provided in this rule.]

1 · Ins. by Act 29 of 1923, s. 2.

2 · Subs. by Act 104 of 1976, s. 72, for “one year (w.e.f. 1-2-1977).

3 · Ins. by Act 22 of 2002, s. 14 (w.e.f. 1-7-2002).

4 · Ins. by Act 29 of 1923, s. 3.

5 · Subs. by s. 3, ibid., for “shall not be executed by detention in prison”.

6 · The words "and the decree-holder is the wife" omitted by s. 3, ibid .

34 · Decree for execution of document, or endorsement of negotiable instrument.—(1) Where a decree is for the execution of a document or for the endorsement of a negotiable instrument and the judgment-debtor neglects or refuses to obey the decree, the decree-holder may prepare a draft of the document or endorsement in accordance with the terms of the decree and deliver the same to the Court.

1 · [(6) (a) Where the registration of the document is required under any law for the time being in force, the Court, or such officer of the Court as may be authorised in this behalf by the Court, shall cause the document to be registered in accordance with such law.

35 · Decree for immovable property.—(1) Where a decree is for the delivery of any immovable property, possession thereof shall be delivered to the party to whom it has been adjudged, or to such person as he may appoint to receive delivery on his behalf, and, if necessary, by removing any person bound by the decree who refuses to vacate the property.

36 · Decree for delivery of immovable property when in occupancy of tenant.—Where a decree is for the delivery of any immovable property in the occupancy of a tenant or other person entitled to occupy the same and not bound by the decree to relinquish such occupancy, the Court shall order delivery to be made by affixing a copy of the warrant in some conspicuous place on the property, and proclaiming to the occupant by beat of drum or other customary mode, at some convenient place, the substance of the decree in regard to the property.

1 · Subs. by Act 104 of 1976, s. 72, for sub-rule (6) (w.e.f. 1-2-1977).

37 · Discretionary power to permit judgment-debtor to show cause against detention in prison.—(1) Notwithstanding anything in these rules, where an application is for the execution of a decree for the payment of money by the arrest and detention in the civil prison of a judgment-debtor who

1 · is liable to be arrested in pursuance of the application, the Court 1 [shall], instead of issuing a warrant for his arrest, issue a notice calling upon him to appear before the Court on a day to be specified in the notice and show cause why he should not be committed to the civil prison:

2 · [Provided that such notice shall not be necessary if the Court is satisfied, by affidavit, or otherwise, that, with the object or effect of delaying the execution of the decree, the judgment-debtor is likely to abscond or leave the local limits of the jurisdiction of the Court.]

38 · Warrant for arrest to direct judgment-debtor to be brought up.—Every warrant for the arrest of a judgment-debtor shall direct the officer entrusted with its execution to bring him before the Court with all convenient speed, unless the amount which he has been ordered to pay, together with the interest thereon and the costs (if any) to which he is liable, be sooner paid.

39 · Subsistence allowance.—(1) No judgment-debtor shall be arrested in execution of a decree unless and until the decree-holder pays into Court such sum as the Judge thinks sufficient for the subsistence of the judgment-debtor from the time of his arrest until he can be brought before the Court.

3 · [40. Proceedings on appearance of judgment-debtor in obedience to notice or after arrest.—(1) When a judgment-debtor appears before the Court in obedience to a notice issued under rule 37, or is brought before the Court after being arrested in execution of a decree for the payment of money, the Court shall proceed to hear the decree-holder and take all such evidence as may be produced by him in support of his application for execution and shall then give the judgment-debtor an opportunity of showing cause why he should not be committed to the civil prison.

1 · Subs. by Act 21 of 1936, s. 3, for “may”.

3 · Subs. by s. 4, ibid., for rule 40.

41 · Examination of judgment-debtor as to his property.— 1 [(1)] Where a decree is for the payment of money the decree-holder may apply to the Court for an order that—

3 · [(2) Where a decree for the payment of money has remained unsatisfied for a period of thirty days, the Court may, on the application of the decree-holder and without prejudice to its power under sub-rule (1), by order require the judgment-debtor or where the judgment-debtor is a corporation, any officer thereof, to make an affidavit stating the particulars of the assets of the judgment-debtor.

42 · Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined.—Where a decree directs an inquiry as to rent or mesne profits or any other matter, the property of the judgment-debtor may, before the amount due from him has been ascertained, be attached, as in the case of an ordinary decree for the payment of money.

43 · Attachment of movable property, other than agricultural produce, in possession of judgment-debtor.—Where the property to be attached is movable property other than agricultural produce, in the possession of the judgement-debtor, the attachment shall be made by actual seizure, and the attaching officer shall keep the property in his own custody or in the custody of one of his subordinates, and shall be responsible for the due custody thereof :

3 · [43A. Custody of movable property.—(1) Where the property attached consists of live-stock, agricultural implements or other articles which cannot conveniently be removed and the attaching officer does not act under the proviso to rule 43, he may, at the instance of the judgment-debtor or of the decree holder or of any

1 · Rule 41 renumbered as sub-rule (1) by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).

2 · Subs. by s. 72, ibid., for “in the case of a corporation” (w.e.f. 1-2-1977).

44 · Attachment of agricultural produce.—Where the property to be attached is agricultural produce, the attachment shall be made by affixing a copy of the warrant of attachment,—

45 · Provisions as to agricultural produce under attachment.—(1) Where agricultural produce is attached, the Court shall make such arrangements for the custody thereof as it may deem sufficient and , for the purpose of enabling the Court to make such arrangements, every application for the attachment of a growing crop shall specify the time at which it is likely to be fit to be cut or gathered.

46 · Attachment of debt, share and other property not in possession of judgment-debtor.—(1) In the case of—

1 · [46A. Notice to garnishee.—(1) The Court may in the case of a debt (other than a debt secured by a mortgage or a charge) which has been attached under rule 46 upon the application of the attaching creditor, issue notice to the garnishee liable to pay such debt, calling upon him either to pay into Court the debt due from him to the judgment-debtor or so much thereof as may be sufficient to satisfy the decree and costs of execution, or to appear and show cause why he should not do so.

46B · . Order against garnishee.—Where the garnishee does not forthwith pay into Court the amount due from him to the judgment-debtor or so much thereof as is sufficient to satisfy the decree and the costs of execution, and does not appear and show cause in answer to the notice, the Court may order the garnishee to comply with the terms of such notice, and on such order, execution may issue as though such order were a decree against him.

46C · Trial of disputed questions.—Where the garnishee disputes liability, the Court may order that any issue of question necessary for the determination of liability shall be tried as if it where an issue in a suit, and upon the determination of such issue shall make such order or orders as it deems fit:

46D · Procedure where debt belongs to third person.—Where it is suggested or appears to be probable that the debt belongs to some third person, or that any third person has a lien or charge on, or other interest in such debt, the Court may order such third person to appear and state the nature and particulars of his claim, if any, to such debt and prove the same.

46E · . Order as regards third person.—After hearing such third person and any person or persons who may subsequently be ordered to appear, or where such third or other person or persons do not appear when so ordered, the Court may make such order as is hereinbefore provided, or such other order or orders upon such

1 · Ss. 46A to 46-I ins. by Act 104 of 1976, s. 72 (w.e.f 1-2-1977).

46F · Payment by garnishee to be valid discharge.—Payment made by the garnishee on notice under rule 46A or under any such order as aforesaid shall be a valid discharge to him as against the judgement-debtor and any other person ordered to appear as aforesaid for the amount paid or levied, although the decree in execution of which the application under rule 46A was made, or the order passed in the proceedings on such application may be set aside or reversed.

46G · Costs.—The costs of any application made under rule 46A and of any proceeding arising therefrom or incidental thereto shall be in the discretion of the Court.

46H · . Appeals.—An order made under rule 46B, rule 46C or rule 46E shall be applicable as a decree.

47 · Attachment of share in movables.—Where the property to be attached consists of the share or interest of the judgment-debtor in movable property belonging to him and another as co-owners, the attachment shall be made by a notice to the judgment-debtor prohibiting him from transferring the share or interest or charging it in any way.

48 · Attachment of salary or allowances of servant of the Government or railway company or local authority.—(1)Where the property to be attached is the salary or allowances of a 1 [servant of the Government] or of a servant of a railway company or local authority 2 [or of a servant of a corporation engaged in any trade or industry which is established by a Central, Provincial or State Act, or a Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956)] the Court, whether the judgment-debtor or the disbursing officer is or is not within the local limits of the Court's jurisdiction, may order that the amount shall, subject to the provisions of section 60, be withheld from such salary or allowances either in one payment or by monthly instalments as the Court may direct; and upon notice of the order to such officer as 3 [the appropriate Government may by notification in the Official Gazette] appoint 4 4 [in this behalf,—

1 · Subs. by Act 5 of 1943, s. 3, for “public officer”.

2 · Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977) .

3 · Subs. by Act 25 of 1942, s. 3 and the second Sch., for "the Central Government or the Provincial Government may by notification in the Official Gazette".

4 · Subs. by Act 26 of 1939, s. 2, for certain words .

5 · Subs. by Act 25 of 1942, s. 3, and the Schedule, for “the Central Government or the Provincial Government, as the may be”.

1 · [(3) Every order made under this rule, unless it is returned in accordance with the provisions of sub-rule (2) shall, without further notice or other process, bind the appropriate Government or the railway company or local authority or corporation of Government company, as the case may be, while the judgement-debtor is within the local limits to which this Code for the time being extends and while he is beyond those limits, if he is in receipt of any salary or allowances payable out of the Consolidated Fund of India or the Consolidated Fund of the State or the funds of a railway company or local authority or corporation or Government company in India; and the appropriate Government or the railway company or local authority or corporation or Government company, as the case may be, shall be liable for any sum paid in contravention of this rule.]

2 · [Explanation.—In this rule, "appropriate Government" means,—

3 · [48A. Attachment of salary or allowances of private employees.—(1)Where the property to be attached is the salary or allowances of an employee other than an employee to whom rule 48 applies, the Court, where the disbursing officer of the employee is within the local limits of the Court's jurisdiction, may order than the amount shall, subject to the provision of section 60, be withheld from such salary or allowances either in one payment or by monthly instalments as the Court may direct; and upon notice of the order to such disbursing officer, such disbursing officer shall remit to the court the amount due under the order, or the monthly instalments, as the case may be.

49 · Attachment of partnership property.—(1) Save as otherwise provided by this rule, property belonging to a partnership shall not be attached or sold in execution of a decree other than a decree passed against the firm or against the partners in the firm as such.

1 · Subs. by Act 104 of 1976, s. 72, for sub-rule (3) (w.e.f. 1-2-1977).

2 · Subs. by s. 72, ibid., for Explanation (w.e.f. 1-2-1977).

50 · Execution of decree against firm.—(1) Where a decree has been passed against a firm, execution may be granted—

3 · [(5) Nothing in this rule shall apply to a decree passed against a Hindu Undivided Family by virtue of the provisions of rule 10 of Order XXX.]

51 · Attachment of negotiable instruments.—Where the property is a negotiable instrument not deposited in a Court, not in the custody of a public officer, the attachment shall be made by actual seizure, and the instrument shall be brought into Court and held subject to further orders of the Court.

52 · Attachment of property in custody of Court or public officer.—Where the property to be attached is in the custody of any Court or public officer, the attachment shall be made by a notice to such Court or officer, requesting that such property, and any interest or dividend becoming payable thereon , may be held subject to the further orders of the Court from which the notice is issued:

53 · Attachment of decrees.—(1) Where the property to be attached is a decree, either for the payment of money or for sale in enforcement of a mortgage or charge, the attachment shall be made,—

1 · Subs. by Act 2 of 1951, s. 3, for “the States”.

2 · Subs. by Act 104 of 1976, s. 72, for certain words (w.e.f. 1-2-1977).

1 · [(ii) (a) the holder of the decree sought to be executed, or

2 · made by the judgment-debtor in contravention of such order y

2 · [with knowledge thereof or] after receipt of notice thereof, either through the Court or otherwise, shall be recognized by any Court so long as the attachment remains in force.

54 · Attachment of immovable property.—(1) Where the property is immovable, the attachment shall be made by an order prohibiting the judgment-debtor from transferring or charging the property in any way, and all persons from taking any benefit from such transfer of charge.

2 · [(1A) The order shall also require the judgment-debtor to attend Court on a specified date to take notice of the date to be fixed for settling the terms of the proclamation of sale.]

2 · Government, in the office of the Collector of the district in which the land is situate 2 [and, where the property is land situate in a village, also in the office of the Gram Panchayat, if any, having jurisdiction over that village.]

55 · Removal of attachment after satisfaction of decree.—Where— e—

1 · Subs. by Act 104 of 1972, s. 72, for sub-clause (ii) (w.e.f. 1-2-1977).

2 · Ins. by s. 72, ibid. (w.e.f. 1-2-1977).

56 · Order for payment of coin or currency notes to party entitled under decree.—Where the property attached is current coin or currency notes, the Court may, at any time during the continuance of the attachment, direct that such coin or notes, or a part thereof sufficient to satisfy the decree, be paid over to the party entitled under the decree to receive the same.

1 · [57. Determination of attachment.—(1) Where any property has been attached in execution of a decree and the Court, for any reason, passes an order dismissing the application for the execution of the decree, the Court shall direct whether the attachment shall continue or cease and shall also indicate the period up to which such attachment shall continue or the date on which such attachment shall cease.

2 · [Adjudication of claims and objections

58 · Adjudication of claims to or objections to attachment of, property.—(1) Where any claim is preferred to, or any objection is made to the attachment of, any property attached in execution of a decree on the ground that such property is not liable to such attachment, the Court shall proceed to adjudicate upon the claim or objection in accordance with the provisions herein contained:

59 · Stay of sale.—Where before the claim was preferred or the objection was made, the property attached had already been advertised for sale, the Court may—

60 · [Release of property from attachment.] Omitted by the Code of Civil Procedure (Amendment) Act, 1976 (104 of 1976), s. 72 (w.e.f. 1-2-1977).

61 · [Disallowance of claim to property attached.] omitted by s. 72, ibid. (w.e.f. 1-2-1977).

62 · [Continuance of attachment subject to claim of incumbrancer.] omitted by s. 72, ibid. (w.e.f. 1-21977).

63 · [Saving of suits to establish right to attached property.] omitted by s. 72, ibid. (w.e.f. 1-2-1977).]

1 · Subs. by Act 104 of 1976, s. 72, for rule 57 (w.e.f. 1-2-1977).

2 · Subs. by s. 72, ibid., for the sub heading “Investigation of claims and objections” and for rules 58 to 63 (w.e.f. 1-2-1977).

64 · Power to order property attached to be sold and proceeds to be paid to person entitled.—Any Court executing a decree may order that any property attached by it and liable to sale, or such portion thereof as may see necessary to satisfy the decree, shall be sold, and that the proceeds of such sale, or a sufficient portion thereof, shall be paid to the party entitled under the decree to receive the same.

65 · Sales by whom conducted and how made.—save as otherwise prescribed, every sale in execution of a decree shall be conducted by an officer of the Court or by such other person as the Court may appoint in this behalf, and shall be made by public auction in manner prescribed.

66 · Proclamation of sales by public auction.—(1) Where any property is ordered to be sold by public auction in execution of a decree, the Court shall cause a proclamation of the intended sale to be made in the language of such Court.

1 · [Provided that where notice of the date for settling the terms of the proclamation has been given to the judgment-debtor by means of an order under rule 54, it shall not be necessary to give notice under this rule to the judgment-debtor unless the Court otherwise directs:

67 · Mode of making proclamation.—(1) Every proclamation shall be made and published, as nearly as may be, in the manner prescribed by rule 54, sub-rule (2) .

1 · Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977) .

68 · Time of sale.—Save in the case of property of the kind described in the proviso to rule 43, no sale hereunder shall, without the consent in writing of the judgment-debtor, take place until after the

12 · expiration of at least 1 [fifteen days] in the case of immovable property, and of at least 2 [seven days] in the case of movable property, calculated from the date on which the copy of the proclamation has been affixed on the court-house of the Judge ordering the sale.

69 · Adjournment or stoppage of sale.—(1) The Court may, in its discretion, adjourn any sale hereunder to a specified day and hour, and the officer conducting any such sale may in his discretion adjourn the sale, recording his reasons for such adjournment :

70 · [Saving of certain sales.] Omitted by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 1956), s. 14 (w.e.f. 1-1-1957).

71 · Defaulting purchaser answerable for loss on re-sale.—Any deficiency of price which may happen on a re-sale by reason of the purchaser's default, and all expenses attending such re-sale, shall be

4 · *** by the officer or other person holding the sale, and shall, at the instance of either the decree-holder or the judgment-debtor, be recoverable from the defaulting purchaser under the provisions relating to the execution of a decree for the payment of money.

72 · Decree holder not to bid for or buy property without permission.—(1) No holder of a decree in execution of which property is sold shall, without the express permission of the Court, bid for or purchase the property.

5 · [72A. Mortgagee not to bid at sale without the leave of the Court.—(/) Notwithstanding anything contained in rule 72, a mortgagee of immovable property shall not bid for or purchase property sold in execution of a decree on the mortgage unless the Court grants him leave to bid for or purchase the property.

1 · Subs. by Act 104 of 1976, s. 72, for “thirty days” (w.e.f. 1-2-1977).

2 · Subs. by s. 72, ibid., for “fifteen days” (w.e.f. 1-2-1977).

3 · Subs. by s. 72, ibid., for “ seven days” (w.e.f. 1-2-1977).

4 · The words "or to the Collector or subordinate of the Collector, as the case may," omitted by Act 66 of 1956, s. 14 (w.e.f. 1-11957).

5 · Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977) .

73 · Restriction on bidding or purchase by officers.—No officer or other person having any duty to perform in connection with any sale shall, either directly or indirectly, bid for, acquire or attempt to acquire any interest in the property sold.

74 · Sale of agricultural produce.—(1) Where the property to be sold is agricultural produce, the sale shall be held,—

75 · Special provisions relating to growing crops.—(1) Where the property to be sold is a growing crop and the crop from its nature admits of being stored but has not yet been stored, the day of the sale shall be so fixed as to admit of its being made ready for storing before the arrival of such day, and the sale shall not be held until the crop has been cut or gathered and is ready for storing.

76 · Negotiable instruments and shares in corporations.—Where the property to be sold is a negotiable instrument or a share in a corporation, the Court may, instead of directing the sale to be made by public auction, authorized the sale of such instrument or share through a broker.

77 · Sale by public auction.—(1) Where movable property is sold by public auction the price of each lot shall be paid at the time of sale or as soon after as the officer or other person holding the sale directs, and in default of payment the property shall forthwith be re-sold.

78 · Irregularity not to vitiate sale, but any person injured may sue.—No irregularity in publishing or conducting the sale of movable property shall vitiate the sale; but any person sustaining any injury by reason of such irregularity at the hand of any other person may institute a suit against him for compensation or (if such other person is the purchaser) for the recovery of the specific property and for compensation in default of such recovery).

79 · Delivery of movable property, debts and shares.—(1) Where the property sold is movable property of which actual seizure has been made, it shall be delivered to the purchaser.

80 · Transfer of negotiable instruments and shares.—(1) Where the execution of a document or the endorsement of the party in whose name a negotiable instrument or a share in a corporation is standing is required to transfer such negotiable instrument or, share the Judge or such officer as he may appoint in this behalf may execute such document or make such endorsement as may be necessary, and such execution or endorsement shall have the same effect as an execution or endorsement by the party.

81 · Vesting order in case of other property.—In the case of any movable property not hereinbefore provided for, the Court may make an order vesting such property in the purchaser or as he may direct; and such property shall vest accordingly.

82 · What Court may order sales.—Sales of immovable property in execution of decrees may be ordered by any Court other than a Court of Small Causes.

83 · Postponement of sale to enable judgment-debtor to raise amount of decree.—(1) Where an order for the sale of immovable property has been made, if the judgment-debtor can satisfy the Court that there is reason to believe that the amount of the decree may be raised by the mortgage or lease or private sale of such property, or some part thereof, or of any other immovable property of the judgment-debtor , the Court may, on his application, postpone the sale of the property comprised in the order for sale on such terms and for such period as it thinks proper, to enable him to raise the amount.

84 · Deposit by purchaser and re-sale on default.—(1) On every sale of immovable property the person declared to be the purchaser shall pay immediately after such declaration a deposit of twenty-five per cent. on the amount of his purchase-money to the officer or other person conducting the sale, and in default of such deposit, the property shall forthwith be re-sold.

85 · Time for payment in full of purchase money.—The full amount of purchase-money payable shall be paid by the purchaser into Court before the Court closes on the fifteenth day from the sale of the property:

86 · . Procedure in default of payment.—In default of payment within the period mentioned in the last preceding rule, the deposit may, if the Court thinks fit, after defraying the expenses of the sale, be forfeited to the Government, and the property shall be re-sold, and the defaulting purchaser shall forfeit all claim to the property or to any part of the sum for which it may subsequently be sold.

87 · Notification on re-sale.—Every re-sale of immovable property, in default of payment of the purchase-money within the period allowed for such payment, shall be made after the issue of fresh proclamation in the manner and for the period hereinbefore prescribed for the sale.

88 · Bid of co-sharer to have preference.—Where the property sold is a share of undivided immovable property and two or more persons, of whom one is a co-sharer, respectively bid the same sum for such property or for any lot, the bid shall be deemed to be the bid of the co-sharer.

89 · Application to set aside sale on deposit.—(1) Where immovable property has been sold in execution of a decree, 1 [any person claiming an interest in the property sold at the time of the sale or at the time of making the application, or acting for or in the interest of such person,] may apply to have the sale set aside on his depositing in Court,—

2 · [90. Application to set aside sale on ground of irregularity or fraud.—(1) Where any immovable property has been sold in execution of a decree, the decree-holder, or the purchaser, or any other person entitled to share in a rateable distribution of assets, or whose interests are affected by the sale, may apply to the Court to set aside the sale on the ground of a material irregularity or fraud in publishing or conducting it.

91 · Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest.—The purchaser at any such sale in execution of a decree may apply to the Court to set aside the sale, on the ground that the judgment-debtor had no saleable interest in the property sold.

92 · . Sale when to become absolute or be set aside.—(1) Where no application is made under rule 89, rule 90 or rule 91, or where such application is made and disallowed, the Court shall make an order confirming the sale, and thereupon the sale shall become absolute:

1 · Subs. by Act 104 of 1976, s. 72, for certain words (w.e.f. 1-2-1977).

2 · Subs. by s. 72, ibid., for rule 90 (w.e.f. 1-2-1977).

1 · [Provided that, where any property is sold in execution of a decree pending the final disposal of any claim to, or any objection to the attachment of, such property, the Court shall not confirm such sale until the final disposal of such claim or objection.]

4 · [Provided further that the deposit under this sub-rule may be made within sixty days in all such cases where the period of thirty days, within which the deposit had to be made, has not expired before the commencement of the Code of Civil Procedure (Amendment) Act, 2002.

5 · [(4) Where a third party challenges the judgment-debtor's title by filing a suit against the auctionpurchaser, the decree-holder and the judgment-debtor shall be necessary parties to the suit.

93 · Return of purchaser-money in certain cases.—Where a sale of immovable property is set aside under rule 92, the purchaser shall be entitled to an order for repayment of his purchase-money, with or without interest as the Court may direct, against any person to whom it has been paid.

94 · Certificate to purchaser.—Where a sale of immovable property has become absolute, the Court shall grant a certificate specifying the property sold and the name of the person who at the time of sale is declared to be the purchaser. Such certificate shall bear date the day on which the sale became absolute.

95 · Delivery of property in occupancy of judgment-debtor—Where the immovable property sold is in the occupancy of the judgment-debtor or of some person on his behalf or of some person claiming under a title created by the judgment-debtor subsequently to the attachment of such property and a certificate in respect thereof has been granted under rule 94, the Court shall, on the application of the purchaser, order delivery to be made by putting such purchaser or any person whom he may appoint to receive delivery on his behalf in possession of the property, and, if need be, by removing any person who refuses to vacate the same.

96 · Delivery of property in occupancy of tenant.—Where the property sold is in the occupancy of a tenant or other person entitled to occupy the same and a certificate in respect thereof has been granted under rule 94, the Court shall, on the application of the purchaser, order delivery to be made by affixing a copy of the certificate of sale in some conspicuous place on the property, and proclaiming to the occupant by beat of drum or other customary mode, at some convenient place, that the interest of the judgmentdebtor has been transferred to the purchaser.

97 · Resistance or obstruction to possession of immovable property.—(1) Where the holder of a decree for the possession of immovable property or the purchaser of any such property sold in execution of a decree is resisted or obstructed by any person in obtaining possession of the property, he may make an application to the Court complaining of such resistance or obstruction.

6 · [(2) Where any application is made under sub-rule (1), the Court shall proceed to adjudicate upon the application in accordance with the provisions herein contained.]

1 · Added by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977).

2 · Subs. by Act 22 of 2002, s. 14, for “thirty days” (w.e.f. 1-7-2002).

3 · Subs. by Act 104 of 1976, s. 72, for “the Court shall make an order setting aside the sale” (w.e.f. 1-2-1977).

4 · Ins. by Act 22 of 2002, s. 14 (w.e.f. 1-7-2002).

5 · Ins. by Act 104 of 1976, s. 72 (w.e.f 1-2-1977).

6 · Subs. by s. 72, ibid., for sub-rule (2) (w.e.f. 1-2-1977).

1 · [98. Orders after adjudication.—(1) Upon the determination of the questions referred to in rule 101, the Court shall, in accordance with such determination and subject to the provisions of sub-rule (2),—

99 · Dispossession by decree-holder or purchaser.—(1) Where any person other than the judgmentdebtor is dispossessed of immovable property by the holder of a decree for the possession of such property or, where such property has been sold in execution of a decree, by the purchaser thereof, he may make an application to the Court complaining of such dispossession.

100 · Order to be passed upon application complaining of dispossession.—Upon the determination of the questions referred to in rule 101, the Court shall, in accordance with such determination,—

101 · Question to be determined.—All questions (including questions relating to right, title or interest in the property) arising between the parties to a proceeding on an application under rule 97 or rule 99 or their representatives, and relevant to the adjudication of the application, shall be determined by the Court dealing with the application and not by a separate suit and for this purpose, the Court shall, notwithstanding anything to the contrary contained in any other law for the time being in force, be deemed to have jurisdiction to decide such questions.

102 · Rules not applicable to transferee lite pendente.—Nothing in rules 98 and 100 shall apply to resistance or obstruction in execution of a decree for the possession of immovable property by a person to whom the judgement-debtor has transferred the property after the institution of the suit in which the decree was passed or to the dispossession of any such person.

103 · Orders to be treated as decrees.—Where any application has been adjudicated upon under rule 98 or rule 100, the order made thereon shall have the same force and be subject to the same conditions as to an appeal or otherwise as if it were a decree.]

2 · [104. Orders under rule 101 or rule 103 to be subject to the result or pending suit.—Every order made under rule 101 or rule 103 shall subject to the result of any suit that may be pending on the date of commencement of the proceeding in which such order, is made if in such suit the party against whom the order under rule 101 or rule 103 is made has sought to establish a right which he claims to the present possession of the property.

105 · Hearing of application.—(1) The Court, before which an application under any of the foregoing rules of this Order is pending, may fix a day for the hearing of the application.

1 · Subs. by Act 104 of 1976, s. 72, for rules 98 to 103 (w.e.f. 1-2-1977).

2 · Ins. by s. 72, ibid. (w.e.f . 1-2-1977).

106 · Setting aside orders passed ex parte , etc.—(1) The applicant, against whom an order is made under sub-rule (2) rule 105 or the opposite party against whom an order is passed ex parte under sub-rule (3) of that rule or under sub-rule (1) of rule 23, may apply to the Court to set aside the order, and if he satisfies the Court that there was sufficient cause for his non-appearance whom the application was called on for hearing, the Court shall set aside the order or such terms as to costs or otherwise as it thinks fit, and shall appoint a day for the further hearing of the application.

1 · No abatement by party's death if right to sue survives.—The death of a plaintiff or defendant shall not cause the suit to abate if the right to sue survives.

2 · Procedure where one of several plaintiffs or defendants dies and right to sue survives.— Where there are more plaintiffs or defendants than one, and any of them dies, and where the right to sue survives to the surviving plaintiff or plaintiffs alone, or against the surviving defendant or defendants alone, the Court shall cause an entry to the effect to be made on the record,. and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants.

3 · Procedure in case of death of one of several plaintiffs or of sole plaintiff.—(1) Where one of two or more plaintiffs dies and the right to sue does not survive to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiff dies and the right to the sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased plaintiff to be made a party and shall proceed with the suit.

4 · Procedure in case of death of one of several defentlants or of sole defendant.—(1) Where one of two or more defendants dies and the right to sue does not survive against the surviving defendant or defendants alone or a sole defendant or sole surviving defendant dies and the right to sue survives, the Court, on an application made in that behalf, shall cause the legal representative of the deceased defendants to be made a party and shall proceed with the suit.

1 · [(4) The Court whenever it thinks fit, may exempt the plaintiff from the necessity of substituting the legal representatives of any such defendant who has failed to file a written statement or who, having filed it, has failed to appear and contest the suit at the hearing; and judgment may, in such case, be pronounced against the said defendant notwithstanding the death of such defendant and shall have the same force and effect as if it has been pronounced before death took place.

1 · Ins. by Act 104 of 1976, s. 73 (w.e.f. 1-2-1977) .

1 · [4A. Procedure where there is no legal representative.—(1) If, in any suit, it shall appear to the Court that any party who has died during the pendency of the suit has no legal representative, the Court may, on the application of any party to the suit, proceed in the absence of a person representing the estate of the deceased person, or may be order appoint the Administrator-General, or an officer of the Court or such other person as it thinks fit to represent the estate of the deceased person for the purpose of the suit; and any judgment or order subsequently given or made in the suit shall bind the estate of the deceased person to the same extent as he would have been bound if a personal representative of the deceased person had been a party to the suit .

5 · Determination of question as to legal representative.—Where a question arises as to whether any person is or is not the legal representative of a deceased plaintiff or a deceased defendant, such question shall be determined by the Court:

1 · [Provided that where such question arises before an Appellate Court, that Court may, before determining the question, direct any subordinate Court to try the question and to return the records together with evidence, if any, recorded at such trial, its findings and reasons therefor, and the Appellate Court may take the same into consideration in determining the question.]

6 · No abatement by reason of death after hearing.—Notwithstanding anything contained in the foregoing rules, whether the cause of action survives or not, there shall be no abatement by reason of the death of either party between the conclusion of the hearing and the pronouncing of the judgment, but judgment may in such case be pronounced notwithstanding the death and shall have the same force and effect as if it had been pronounced before the death took place.

7 · Suit not abated by marriage of female party.—(1) The marriage of a female plaintiff or defendant shall not cause the suit to abate, but the suit may notwithstanding be proceeded with the judgment, and, where the decree is against a female defendant, it may be executed against her alone.

8 · When plaintiff's insolvency bars suit.—(1) The insolvency of a plaintiff in any suit which the assignee or receiver might maintain for the benefit of his creditors, shall not cause the suit to abate, unless such assignee or receiver declines to continue the suit or (unless for any special reason the Court otherwise directs) to give security for the costs thereof within such time as the Court may direct.

1 · Ins. by Act 104 of 1976, s. 73 (w.e.f. 1-2-1977) .

9 · Effect of abatement or dismissal.—(1) Where a suit abates or is dismissed under this Order, no fresh suit shall be brought on the same cause of action.

2 · [Explanation.—Nothing in this rule shall be construed as barring, in any later suit, a defence based on the facts which constituted the cause of action in the suit which had abated or had been dismissed under this Order.]

10 · Procedure in case of assignment before final order in suit.—(1) In other cases of an assignment, creation or devolution of any interest during the pendency of a suit, the suit may, by leave of the Court, be continued by or against the person to or upon whom such interest has come or devolved.

2 · [10A . Duty of pleader to communicate to Court death of a party.—Wherever a pleader appearing for a party to the suit comes to know of the death of that party, he shall inform the Court about it, and the Court shall thereupon give notice of such death to the other party, and, for this purpose, the contract between the pleader and the deceased party shall be deemed to subsist.]

11 · Application of Order to appeals.—In the application of this Order to appeals, so far as may be, the word "Plaintiff" shall be held to include an appellant, the word "defendant" a respondant, and the word "suit"an appeal.

12 · Application of Order to proceedings.—Nothing in rules 3, 4 and 8 shall apply to proceedings in execution of a decree or order.

3 · [1 . Withdrawal of suit or abandonment of part of claim.—(1) At any time after the institution of a suit, the plaintiff may as against all or any of the defendants abandon his suit or abandon a part of his claim:

1 · See now the Limitation Act, 1973 (36 of 1963), ss. 4 and 5.

2 · Ins. by Act 104 of 1976, s. 73 (w.e.f 1-2-1977).

3 · Subs. by s. 74, ibid., for rule 1 (w.e.f. 1-2-1977).

1 · [1A.When transposition of defendants as plaintiffs may be permitted.—Where a suit is withdrawn or abandoned by a plaintiff under rule 1, and a defendant applies to be transposed as a plaintiff under rule 10 of Order I the Court shall, in considering such application, have due regard to the question whether the applicant has a substantial question to be decided as against any of the other defendants.]

2 · Limitation law not affected by first suit.—In any fresh suit instituted on permission granted under the last preceding rule, the plaintiff shall be bound by the law of limitation in the same manner as if the first suit had not been instituted.

3 · Compromise of suit.—Where it is proved to the satisfaction of the Court that a suit has been

1 · adjusted wholly or in part by any lawful agreement or compromise 1 [in writing and signed by the parties] or where the defendant satisfied the plaintiff in respect to the whole or any part of the subject-matter of the suit, the Court shall order such agreement, compromise or satisfaction to be recorded, and shall pass a

2 · decree in accordance therewith 2 [so far as it relates to the parties to the suit, whether or not the subjectmatter of the agreement, compromise or satisfaction is the same as the subject-matter of the suit:]

1 · [Provided that where it is alleged by one party and denied by the other that an adjustment or satisfaction has been arrived at, the Court shall decide the question; but not adjournment shall be granted for the purpose of deciding the question, unless the Court, for reasons to be recorded, thinks fit to grant such adjournment.]

1 · [Explanation.— An agreement or compromise which is void or voidable under the Indian Contract Act, 1872 (9 of 1872), shall not he deemed to be lawful within the meaning of this rule.]

1 · [3A. Bar to suit.—No suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful.

3B · . No agreement or compromise to be entered in a representative suit without leave of Court.—(1) No agreement or compromise in a representative suit shall be entered into without the leave of the Court expressly recorded in the proceedings; and any such agreement or compromise entered into without the leave of the Court as recorded shall be void.

1 · Ins. by Act 104 of 1976, s. 74 (w.e.f. 1-2-1977) .

2 · Subs. by s. 74, ibid., for certain words (w.e.f. 1-2-1977).

4 · Proceedings in execution of decrees not affected.—Nothing in this Order shall apply to any proceedings in execution of a decree or order.

1 · Deposit by defendant of amount in satisfaction of claim.—The defendant in any suit to recover a debt or damages may, at any stage of the suit, deposit in Court such sum of money as he considers a satisfaction in full of the claim.

2 · Notice of deposit.—Notice of the deposit shall be given through the Court by the defendant to the plaintiff, and the amount of the deposit shall (unless the Court otherwise directs) be paid to the plaintiff on his application.

3 · Interest on deposit not allowed to plaintiff after notice.—No interest shall be allowed to the plaintiff on any sum deposited by the defendant from the date of the receipt of such notice, whether the sum deposited is in full of the claim or falls short thereof.

4 · Procedure where plaintiff accepts deposit as satisfaction in part.—(1) Where the plaintiff accepts such amount as satisfaction in part only of his claim, he may prosecute his suit for the balance; and, if the Court decides that the deposit by the defendant was a full satisfaction of the plaintiff's claim, the plaintiff shall pay the costs of the suit incurred after the deposit and the costs incurred previous thereto, so far as they were caused by excess in the plaintiff's claim.

1 · [1. When security for costs may be required from plaintiff.—(1) At any stage of a suit, the Court may, either of its own motion or on the application of any defendant, order the plaintiff, for reasons to be recorded, to give within the time fixed by it security for the payment of all costs incurred and likely to be incurred by any defendant:

1 · Subs. by Act 66 of 1956, s. 14, for rule 1 (w.e.f. 1-1-1957).

2 · Effect of failure to furnish security.—(1) In the event of such security not being furnished within the time fixed, the Court shall make an order dismissing the suit unless the plaintiff or plaintiffs are permitted to withdraw therefrom.

1 · Cases in which Court may issue commission to examine witness.—Any Court may in any suit issue a commission for the examination on interrogatories or otherwise of any person resident within the local limits of its jurisdiction who is exempted under this Code from attending the Court or who is from sickness or infirmity unable to attend it:

1 · [Provided that a commission for examination on interrogatories shall not be issued unless the Court, for reasons to be recorded, thinks it necessary so to do.

2 · Order for commission.—An order for the issue of a commission for the examination of a witness may be made by the Court either of its own motion or on the application, supported by affidavit or otherwise, of any party to the suit or of the witness to be examined.

3 · Where witness resides within Court's jurisdiction.—A commission for the examination of a person who resides within the local limits of the jurisdiction of the Court issuing the same may be issued to any person whom the Court thinks fit to execute it.

4 · Persons for whose examination commission may issue.—(1) Any Court may in any suit issue a

2 · commission 2 [for the examination on interrogatories or otherwise of—]

1 · [Provided that where, under rule 19 of Order XVI, a person cannot be ordered to attend a Court in person, a commission shall be issued for his examination if his evidence is considered necessary in the interests of justice:

1 · Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977).

2 · Subs. by s. 75, ibid., for “for the examination of” (w.e.f. 1-2-1977).

3 · Subs. by the A.O 1937, for “any civil or military officer of the Government”.

1 · [4A. Commission for examination of any person resident within the local limits of the jurisdiction of the Court.—Notwithstanding anything contained in these rules, any court may, in the interest of justice or for the expeditious disposal of the case or for any other reason, issue commission in any suit for the examination, on interrogatories or otherwise, of any person resident within the local limits of its jurisdiction, and the evidence so recorded shall be read in evidence.]

5 · Commission or request to examine witness not within India.—Where any Court to which application is made for the issue of a commission for the examination of a person residing at any place

2 · not within 2 [India] is satisfied that the evidence of such person is necessary, the Court may issue such commission or a letter of request.

6 · Court to examine witness pursuant to Commission.—Every Court receiving a commission for the examination of any person shall examine him or cause him to be examined pursuant thereto.

7 · Return of commission with depositions of witnesses.—Where a commission has been duly executed, it shall be returned, together with the evidence taken under it, to the Court from which it was issued, unless the order for issuing the commission has otherwise directed, in which case the commission shall be returned in terms of such order; and the commission and the returned thereto and the evidence taken under it shall 3 [(subject to the provisions of rule 8)] from part of the record of the suit.

8 · When depositions may be read in evidence.—Evidence taken under a commission shall not be read as evidence in the suit without the consent of the party against whom the same is offered, unless—

4 · appearance in Court, or is a y

4 · [person in the service of the Government] who cannot, in the opinion of the Court, attend without detriment to the public service, or

9 · Commissions to make local investigations.—In any suit in which the Court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market-value of any property, or the amount of any mesne profits or damages or annual net profits, the Court may issue a commission to such person as it thinks fit directing him to make such investigation and to report thereon to the Court:

10 · Procedure of Commissioner.—(1) The Commissioner, after such local inspection as he deems necessary and after reducing to writing the evidence taken by him, shall return such evidence, together with his report in writing signed by him, to the Court.

1 · Ins. by Act 46 of 1999, s. 29 (w.e.f. 1-7-2002).

2 · Subs. by Act 2 of 1951, s. 3, for “the States”.

3 · Subs. by Act 104 of 1976, s. 75, for certain words (w.e.f. 1-2-1977).

4 · Subs. by the A.O. 1937, for “civil or military officer of the Government”.

1 · [Commissions for scientific investigation, performance of ministerial act and sale of movable property

10A · Commission for scientific investigation.—(1) Where any question arising in a suit involves any scientific investigation which cannot, in the opinion of the Court, be conveniently conducted before the Court, the Court may, if it thinks it necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to inquire into such question and report thereon to the Court.

10B · Commission for performance of a ministerial act.—(1) Where any question arising in a suit involves the performance of any ministerial act which cannot, in the opinion of the Court, be conveniently performed before the Court, the Court may, if for reasons to be recorded, it is of opinion that it is necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to perform that ministerial act and report thereon to the Court.

10C · Commission for the sale of movable property.—(1) Where, in any suit, it becomes necessary to sell any movable property which is in the custody of the Court pending the determination of the suit and which cannot be conveniently preserved, the Court may, if, for reasons to be recorded, it is of opinion that it is necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks fit, directing him to conduct such sale and report thereon to the Court.

11 · Commission to examine or adjust accounts.—In any suit in which an examination or adjustment of the accounts is necessary, the Court may issue a commission to such person as it thinks fit directing him to make such examination or adjustment.

12 · Court to give Commissioner necessary instructions.—(1) The Court shall furnish the Commissioner with such part of the proceedings and such instructions as appear necessary, and the instructions shall distinctly specify whether the commissioner is merely to transmit the proceedings which he may hold on the inquiry, or also to report his own opinion on the point referred for his examination.

13 · Commission to make partition of immovable property.—Where a preliminary decree for partition has been passed, the Court may, in any case not provided for by section 54, issue a commission to such person as it thinks fit to make the partition or separation according to the rights as declared in such decree.

14 · Procedure of Commissioner.—(1) The Commissioner shall, after such inquiry as may be necessary, divide the property into as many shares as may be directly by the order under which the commission was

1 · Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977) .

15 · Expenses of commission to be paid into court.—Before issuing any commission under this Order, the Court may order such sum (if any) as it thinks reasonable for the expenses of the commission to be, within a time to be fixed, paid into Court by the party at whose instance or for whose benefit the commission is issued.

16 · Powers of commissioners.—Any commissioner appointed under this Order may, unless otherwise directed by the order of appointment,—

1 · [16A. Questions objected to before the Commissioner.—(1) Where any question put to a witness is objected to by a party or his pleader in proceedings before a Commissioner appointed under this Order, the Commissioner shall take down the question, the answer, the objections and the name of the party or, as the case may be, the pleader so objecting:

17 · Attendance and examination of witnesses before Commissioner.—(1) The provisions of this Code relating to the summoning, attendance and examination of witnesses, and to the remuneration of, and penalties to be imposed upon, witnesses, shall apply to persons required to give evidence or to produce documents under this Order whether the commission in execution of which they are so required has been

2 · issued by a Court situate within or by a Court situate beyond the limits of 2 [India], and for the purposes of this rule the Commissioner shall be deemed to be a Civil Court:

1 · [Provided that when the Commissioner is not a Judge of a Civil Court, he shall not be competent to impose penalties; but such penalties may be imposed on the application of such Commissioner by the Court by which the commission was issued.]

1 · Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977) .

2 · Subs. by Act 2 of 1951, s. 3, for “the States”.

18 · Parties to appear before Commissioner.—(1) Where a commission is issued under this Order, the Court shall direct that the parties to the suit shall appear before the Commissioner in person or by their agents or pleaders.

1 · [18A. Application of order to execution proceedings.—The provisions of this Order shall apply, so far as may be, to proceedings in execution of a decree or order.

18B · Court to fix a time for return of commission.—The Court issuing a commission shall fix a date on or before which the commission shall be returned to it after execution, and the date so fixed shall not be extended except where the Court, for reasons to be recorded, is satisfied that there is sufficient cause for extending the date.]

2 · [Commissions issued of the instance of foreign Tribunals

19 · Cases in which High Court may issue commission to examine witness.—(1) If a High Court is satisfied.—

20 · Application for issue of commission.—The High Court may issue a commission under rule 19—

21 · To whom commission may be issued.—A commission under rule 19 may be issued to any Court

3 · within the local limits of whose jurisdiction the witness resides, or

4 · 3 *** the witness resides within the local limits of 4 [the ordinary original civil jurisdiction of the High Court], to any person whom the Court thinks fit to execute the commission.

22 · Issue, execution and return of commissions, land transmission of evidence to foreign Court.—The provisions of rules 6, 15, 5 [sub-rule (1) of rule 16A, 17, 18 and 18B] of this Order in so far as they are applicable shall apply to the issue, execution and return of such commissions, and when any such commission has, been duly executed it shall be returned, together with the evidence taken under it, to the High Court, which shall forward it to the Government General in Council along with the letter of request for transmission to the foreign court.]

1 · Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977) .

2 · Ins. by Act 10 of 1932, s. 3.

3 · The words "the high Court is established under the Indian high Courts Act 1861, or the Government of India Act, 1915, and" omitted by the A.O. 1937.

4 · Subs. ibid., for “its ordinary original civil jurisdiction”.

5 · Subs. by Act 104 of 1976, s. 75, for “16, 17 and 18” (w.e.f 1-2-1977).

1 · Suits by or against Government.—In any suit by or against 1 [the Government], the plaint or written statement shall be signed by such person as the Government may, by general or special order, appoint in this behalf, and shall be verified by any person whom the Government may so appoint and who is acquainted with the facts of the case.

2 · Persons authorised to act for Government.—Persons being ex officio or otherwise authorised to act for the Government in respect of any judicial proceeding shall be deemed to be recognised agents by whom appearances, acts and applications under this Code may be made or done on behalf of the Government.

3 · Plaints in suits by or against Government.—In suits by or 2 [against the Government], instead of inserting in the plaint the name and description and place of residence of the plaintiff or defendant, it shall

13 · be sufficient to insert 1 [the appropriate name as provided in section 79 3 ***].

4 · [4. Agent for Government to receive process.—The Government pleader in any Court shall be the agent of the Government for the purpose of receiving processes against the Government issued by such Court].

5 · Fixing of day for appearance on behalf of Government.—The Court, in fixing the day for 1 [the Government] to answer to the plaint, shall allow a reasonable time for the necessary communication with

5 · the Government through the proper channel, and for the issue of instructions to the

8 · to appear and answer on behalf of 6 [the Government] 7 ***, and may extend the time at its discretion 8 [but the time so extended shall not exceed two months in the aggregate].

8 · [5A. Government to be joined as a party in a suit against a public officer.—Where a suit is instituted against a public officer for damages or other relief in respect of any act alleged to have been done by him in his official capacity, the Government shall be joined as a party to the suit.

5B · Duty of Court in suits against the Government or a public officer to assist in arriving at a settlement.—(1) In every suit or proceeding to which the Government, or a public officer acting in his official capacity, is a party, it shall be the duty of the Court to make, in the first instance, every endeavour, where it is possible to do so consistently with the nature and circumstances of the case, to assist the parties in arriving at a settlement in respect of the subject-matter of the suit.

6 · Attendance of person able to answer questions relating to suit against Government.—The

5 · Court may also, in any case in which the

1 · 5 [Government pleader] is not accompanied by any person on the part of 1 [the Government] who may be able to answer any material questions relating to the suit, direct the attendance of such a person.

1 · Subs. by A.O. 1937, for “the Secretary of State for India in Council”.

2 · Subs. ibid., for “against the Secretary of State for India in Council”.

3 · The words ‘or’ if the suit is against the Secretary of State, the words “the Secretary of State” omitted by the A.O. 1948.

4 · Subs. by the A.O. 1937, for rule 4.

5 · Subs. by the A.O. 1950, for “Crown pleader” which had been subs. by the A. O. 1937, for “Government pleader”.

6 · Subs. by the A.O. 1937, for “the said Secretary of State, for India in Council”.

7 · The words “or the Government,” omitted by the A. O. 1948.

8 · Ins. by Act 104 of 1976, s. 76 (w.e.f. 1-2-1977) .

7 · Extension of time to enable public officer to make reference to Government.—(1) Where the defendant is a public officer and, on receiving the summons, considers it proper to make a reference to the Government before answering the plaint, he may apply to the Court to grant such extension of the time fixed in the summons as may be necessary to enable him to make such reference and to receive orders thereon through the proper channel.

8 · Procedure in suits against public officer.—(1) Where the Government undertakes the defence of

1 · a suit against a public officer, the 1 [Government pleader] upon being furnished with authority to appear and answer the plaint, shall apply to the court, and upon such application the Court shall cause a note of his authority to be entered in the register of civil suits.

2 · [8A. No security to be required from Government or a public officer in certain cases.—No such security as is mentioned in rules 5 and 6 of Order XLI shall be required from the Government or, where the Government has undertaken the defence of the suit, from any public officer sued in respect of an act alleged to be done by him in his official capacity. ,

8B · Definitions of "Government" and "Government pleader".—In this Order 3 [unless otherwise expressly provided] "Government" and 1 ["Government pleader"] mean respectively—

6 · of a State. the State Government and the Government pleader 6 [as defined in clause (7) of section 2], or such other pleader as the State Government may appoint, whether generally or specially, for the purposes of this Order.].

7 · [ORDER XXVII-A]

1 · Notice to the Attorney General or the Advocate-General.—In any suit in which it appears to the Court that 10 [any such question as is referred to 11 [in clause (1) of Article 132, read with Article 147 of the Constitution,] is involved, the Court shall not proceed to determine that question until after notice has been given to 12 [the Attorney General for India] if the question of law concerns the Central Government and to the Advocate-General of the State if the question of law concerns a State Government.

9 · [1A. Procedure in suits involving validity of any statutory instrument.—In any suit in which it appears to the Court that any question as to the validity of any statutory instrument, not being a question of

1 · Subs. by the A.O. 1937 and the A. O. 1950, for "Crown pleader .

4 · The words “the Secretary of State or” omitted by the A.O.1948.

5 · Cl. (b) omitted by the A.O. 1948.

7 · Ins. by Act 23 of 1942, s. 2.

8 · Subs. by the A.O. 1950, for “the Government of India Act, 1935, or any Order-in-Council made thereunder”.

9 · Ins. by Act 104 of 1976, s. 77 (w.e.f. 1-2-1977) .

10 · Subs. by the A.O. 1948, for "substantial question of law as to the interpretation of the Government of India Act, 1935, or any Order-in-Council made thereunder".

11 · Subs. by the A.O. 1950, “In sub-section (1) of section 205 of the Government of India Act, 1935”.

12 · Subs. ibid., for “the Advocate-General of India”.

2 · Court may add Government as party.—The Court may at any stage of the proceedings order that the Central Government or a State Government shall be added as a defendant in any suit involving 1 [any such question as is referred to 2 [in clause (1) of Article 132 read with Article 147, of the Constitution]], if 3 [the Attorney General for India] or the Advocate-General of the State, as the case may be, whether upon receipt of notice under rule 1, or otherwise, applies for such addition and the Court is satisfied that such addition is necessary or desirable for the satisfactory determination of the question of law involved.

4 · [2A. Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument.—The Court may, at any stage of the proceedings in any suit involving any such question as is referred to in rule 1A, order that the Government or other authority shall be added as a defendant if the Government pleader or the pleader appearing in the case for the authority which issued the instrument, as the case may be, whether upon receipt of notice under rule lA or otherwise, applies for such addition, and the Court is satisfied that such addition is necessary or desirable for the satisfactory determination of the question.]

5 · [3. Costs.—Where, under rule 2 or rule 2A the Government or any other authority is added as a defendant in a suit, the Attorney-General, Advocate-General, or Government Pleader or Government or other authority shall not be entitled to, or liable for, costs in the Court which ordered the addition unless the Court, having regard to all the circumstances of the case for any special reason, otherwise orders.]

4 · Application of Order to appeals.—In the application of this Order to appeals the word "defendant" shall be held to include a respondent and the word "suit" an appeal.

4 · [Explanation.—In this Order, "statutory instrument" means a rule, notification, bye-law, order, scheme or form made as specified under any enactment.]

1 · Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or defend for them.—(1) Where any officer, 8 [soldier, 6 [sailor] or airman] actually 9 [serving under the Government] in 10 [such] capacity is a party to a suit, and cannot obtain leave of absence for the purpose of prosecuting or defending the suit in person, he may authorise any person to sue or defend in his stead .

1 · Subs. by the A. O. 1948, for "a substantial question of law as to the interpretation of the Government of India Act, 1935 or any Order-in-Council made thereunder".

2 · Subs. by the A.O. 1950, for “in sub-section (1) of section 205 of the Government of India Act, 1935”.

3 · Subs., ibid., for “the Advocate-General of India”.

4 · Ins. by Act 104 of 1976, s. 77 (w.e.f. 1-2-1977) .

5 · Subs. by s. 77, ibid., for rule 3 (w.e.f. 1-2-1977).

6 · Ins. by Act 35 of 1934, s. 2 and the Sch.

7 · Ins. by Act 10 of 1927, s. 2 and the First Sch.

8 · Subs. by s. 2, ibid., and the First Sch., for “or soldier” and “or a soldier”.

9 · Subs. by the A.O. 1937, for “serving the Government”.

10 · Subs. by Act 35 of 1934, s. 2 and the Sch., for “a military or air force”.

2 · Person so authorised may act personally or appoint pleader.—Any person authorised by an officer, 1 [soldier 2 [, sailor] or airman] to prosecute or defend a suit in his stead may prosecute or defend it in person in the same manner as the officer, 1 [soldier 2 [, sailor] or airman] could do if present; or he may appoint a pleader to prosecute or defend the suit on behalf of such officer, 1 [soldier 2 [, sailor] or airman].

3 · Service on person so authorised, or on his pleader, to be good service.—Processes served upon any person authorised by an officer 1 [soldier 2 [, sailor] or airman] under rule 1 or upon any pleader appointed as aforesaid by such person shall he as effectual as if they had been served on the party in person.

1 · Subscription and verification of pleading.—In suits by or against a corporation, any pleading may be signed and verified on behalf of the corporation by the secretary or by any director or other principal officer of the corporation who is able to depose to the facts of the case.

2 · Service on corporation.—Subject to any statutory provision regulating service of process, where the suit is against a corporation, the summons may be served—

3 · Power to require personal attendance of officer of corporation.—The Court may, at any stage of the suit, require the personal appearance of the secretary or of any director, or other principal officer of the corporation who may be able to answer material questions relating to the suit.

1 · Suing of partners in name of firm.—(1) Any two or more persons claiming or being liable as partners and carrying on business in, 4 [India] may sue or be sued in the name of the firm (if any) of which such persons were partners at the time of the accruing of the cause of action, and any party to a suit may in such case apply to the Court for a statement of the names and addresses of the persons who were, at the time of the accruing of the cause of action, partners in such firm, to be furnished and verified in such manner as the Court may direct.

1 · Subs. by Act 10 of 1927, s. 2 and the First Sch. for “or soldier”.

2 · Ins. by Act 35 of 1934, s. 2 and the Sch.

3 · Ins. by Act 10 of 1927, s. 2 and the Sch.

4 · Subs. by Act 2 of 1951, s. 3, for “the States”.

2 · Disclosure of partners' names.—(1) Where a suit is instituted by partners in the name of their firm, the plaintiffs or their pleader shall, on demanding writing by or on behalf of any defendant, forthwith declare in writing the names and places of residence of all the persons constituting the firm on whose behalf the suit is instituted.

1 · [Provided that all proceedings shall nevertheless continue in the name of the firm, but the name of the partners disclosed in the manner specified in sub-rule (1) shall be entered in the decree.]

3 · Service.—Where persons are sued as partners in the name of their firm, the summons shall be served either—

4 · Rights of suit on death of partner.—(1) Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872 (9 of 1872) where two or more persons may sue or be sued in the name of a firm under the foregoing provisions and any of such persons dies, whether before the institution or during the pendency of any suit, it shall not be necessary to join the legal representative of the deceased as a party to the suit.

5 · Notice in what capacity served.—Where a summons is issued to a firm and is served in the manner provided by rule 3, every person upon whom it is served shall be informed by notice in writing given at the time of such service, whether he is served as a partner or as a person having the control or management of the partnership business, or in both characters, and, in default of such notice, the person served shall be deemed to be served as a partner.

6 · Appearance of partners.—Where persons are sued as partners in the name of their firm, they shall appear individually in their own names, but all subsequent proceedings shall, nevertheless, continue in the name of the firm.

7 · No appearance except by partners.—Where a summons is served in the manner provided by rule 3 upon a person having the control or management of the partnership business, no appearance by him shall be necessary unless he is a partner of the firm sued.

3 · [8. Appearance under protest.—(1) Any person served with summons as a partner under rule 3 may enter an appearance under protest, denying that he was a partner at any material time.

1 · Subs. by Act 104 of 1976, s. 78, for the proviso (w.e.f. 1-2-1977).

2 · Subs. by Act 2 of 1951, s. 3, for “the States”.

3 · Subs. by Act 104 of 1976, s. 78, for rule 8 (w.e.f. 1-2-1977).

9 · Suits between co-partners.—This Order shall apply to suits between a firm and one or more of the partners therein and to suits between firms having one or more partners in common; but no execution shall be issued in such suits except by leave of the Court, and, on an application for leave to issue such execution, all such accounts and inquiries may be directed to be taken and made and directions given as may be just.

1 · [10. Suit against person carrying on business in name other than his own.—Any person carrying on business in a name or style other than his own name, or a Hindu undivided family carrying on business under any name, may be sued in such name or style as if it were a firm name, and, in so far as the nature of such case permits, all rules under this Order shall apply accordingly.]

1 · Representation of beneficiaries in suits concerning property vested in trustees etc.—In all suits concerning property vested in a trustee, executor or administrator, where the contention is between the persons beneficially interested in such property and a third person, the trustee, executor or Administrator shall represent the persons so interested, and it shall not ordinarily be necessary to make them parties to the suit. But the Court may, if it thinks fit, order them or any of them to be made parties.

2 · Joinder of trustees, executors and administrators.—Where there are several trustees, executors or administrators, they shall all be made parties to a suit against one or more of them:

3 · Husband of married executrix not to join.—Unless the Court directs otherwise, the husband of a married trustee, administratrix or executrix shall not as such be a party to a suit by or against her.

1 · Minor to sue by next friend.—Every suit by a minor shall be instituted in his name by a person who in such suit shall be called the next friend of the minor.

3 · [Explanation.—In this Order, "minor" means a person who has not attained his majority within the meaning of section 3 of the Indian Majority Act, 1875 (9 of 1875) where the suit relates to any of the matters mentioned in clauses (a) and (b) of section 2 of that Act or to any other matter.]

2 · Where suit is instituted without next friend, plaint to be taken off the file.—(1) Where a suit is instituted by or on behalf of a minor without a next friend, the defendant may apply to have the plaint taken off the file, with costs to be paid by the pleader or other person by whom it was presented.

1 · Subs. by Act 104 of 1976, s. 78, for rule 10 (w.e.f. 1-2-1977).

2 · Subs. by Act 2 of 1951, s. 3, for “the States”.

3 · Ins. by Act 104 of 1976, s. 79 (w.e.f. 1-2-1977) .

1 · [2A. Security to be furnished by next friend when so ordered.—(1) Where a suit has been instituted on behalf of the minor by his next friend, the Court may, at any stage of the suit, either of its own motion or on the application of any defendant, and for reasons to be recorded, order the next friend to give security for the payment of all costs incurred or likely to be incurred by the defendant.

3 · Guardian for the suit to be appointed by Court for minor defendants.—(1) Where the defendant is a minor the Court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian for the suit for such minor.

1 · [(4A) The Court may, in any case, if it thinks fit, issue notice under sub-rule (4) to the minor also.]

4 · [(5) A person appointed under sub-rule (1) to be guardian for the suit for a minor shall, unless his appointment is terminated by retirement, removal or death, continue as such throughout all proceedings arising out of the suit including proceedings in any Appellate or Revisional Court and any proceedings in the execution of a decree.]

1 · [3A. Decree against minor not to be set aside unless prejudice has been caused to his interest.— (1) No decree passed against a minor shall be set aside merely on the ground that the next friend or guardian for the suit of the minor had an interest in the subject-matter of the suit adverse to that of the minor, but the fact that by reasons of such adverse interest of the next friend or guardian for the suit, prejudice has been caused to the interests of the minor, shall be a ground for setting aside the decree.

4 · Who may act as next friend or he appointed guardian for the suit—(1) Any person who is of sound mind and has attained majority may act as next friend of a minor or as his guardian for the suit:

1 · Ins. by Act 104 of 1976, s. 79 (w.e.f. 1-2-1977) .

2 · The words “to the minor and” omitted by s. 79, ibid. (w.e.f. 1-2-1977).

3 · Subs. by s. 79, ibid., for certain words (w.e.f. 1-2-1977).

4 · Ins. by Act 16 of 1937, s. 2.

5 · Representation of minor by next friend or guardian for the suit.—(1) Every application to the Court on behalf of a minor, other than an application under rule 10, sub-rule (2) , shall be made by his next friend or by his guardian for the suit.

6 · Receipt by next friend or guardian for the suit of property under decree for minor.—(1) A next friend or guardian for the suit shall not, without the leave of the Court, receive any money or other movable property on behalf of a minor either—

1 · [Provided that the Court may, for reasons to be recorded, dispense with such security while granting leave to the next friend or guardian for the suit to receive money or other movable property under a decree or order, where such next friend or guardian—

7 · Agreement or compromise by next friend or guardian for the suit.—(1) No next friend or guardian for the suit shall, without the leave of the Court, expressly recorded in the proceedings, enter into any agreement or compromise on behalf of a minor with reference to the suit in which he acts as next friend or guardian.

1 · [(1A) An application for leave under sub-rule (1) shall be accompanied by an affidavit of the next friend or the guardian for the suit, as the case may be, and also, if the minor is represented by a pleader, by the certificate of the pleader, to the effect that the agreement or compromise proposed is, in his opinion, for the benefit of the minor :

1 · Ins. by Act 104 of 1976, s. 79 (w.e.f. 1-2-1977) .

8 · Retirement of next friend.—(1) Unless otherwise ordered by the Court, a next friend shall not retire without first procuring a fit person to be put in this place and giving security for the costs already incurred.

9 · Removal of next friend.—(1) Where the interest of the next friend of a minor is adverse to that of the minor or where he is so connected with a defendant whose interest is adverse to that of the minor as to make it unlikely that the minor's interest will be properly protected by him, or where he does not do his duty, or,

1 · during the pendency of the suit, ceases to reside within 1 [India], or for any other sufficient cause, application, may be made on behalf of the minor or by a defendant for his removal; and the Court, if satisfied of the sufficiency of the cause assigned, may order the next friend to be removed accordingly, and make such other order as to costs as it thinks fit.

10 · Stay of proceedings on removal, etc., of next friend.—(1) On the retirement, removal or death of the next friend of a minor, further proceedings shall be stayed until the appointment of a next friend in his place.

11 · Retirement, removal or death of guardian for the suit.—(1) Where the guardian for the suit desires to retire or does not do his duty, or where other sufficient ground is made to appear, the Court may permit such guardian to retire or may remove him, and may make such order as to costs as it thinks fit.

12 · Course to be followed by minor plaintiff or applicant on attaining majority.—(1) A minor plaintiff or a minor not a party to a suit on whose behalf an application is pending shall, on attaining majority, elect whether he will proceed with the suit or application.

13 · Where minor co-plaintiff attaining majority desires to repudiate suit.—(1) Where a minor co-plaintiff on attaining majority desires to repudiate the suit, he shall apply to have his name struck out as co-plaintiff; and the Court, if it finds that he is not a necessary party, shall dismiss him from the suit on such terms as to costs or otherwise as it thinks fit.

1 · Subs. by Act 2 of 1951, s. 3. for “the States”

14 · Unreasonable or improper suit.—(1) A minor on attaining majority may, if a sole plaintiff, apply that a suit instituted in his name by his next friend be dismissed on the ground that it was unreasonable or improper.

1 · [15. Rules 1 to 14 (Except rule 2A) to apply to persons of unsound mind.—Rules 1 to 14 (except rule 2A) shall, so far as may be, apply to persons adjudged, before or during the pendency of the suit, to be of unsound mind and shall also apply to persons who, though not so adjudged, are found by the Court on enquiry to be incapable, by reason of any mental infirmity, of protecting their interest when suing being sued.]

2 · [16. Savings.—(1) Nothing contained in this Order shall apply to the Ruler of a foreign State suing or being sued in the name of his State, or being sued by the direction of the Central Government in the name of an agent or in any other name.

3 · [ORDER XXXII-A

1 · Application of the Order.—(1)The provisions of this Order shall apply to suits or proceedings relating to matters concerning the family.

1 · Subs. by Act 104 of 1976, s. 79, for rule 15 (w.e.f. 1-2-1977).

2 · Ins. by s. 79, ibid. (w.e.f. 1-2-1977).

3 · Ins. by s. 80, ibid. (w.e.f. 1-2-1977).

2 · Proceedings to be held in camera.—In every suit or proceeding to which this Order applies, the proceedings may be held in camera if the Court so desires and shall be so held if either party so desires.

3 · Duty of Court to make efforts for settlement.—(1) In every suit or proceeding to which this Order applied, an endeavour shall be made by the Court in the first instance, where it is possible to do so consistent with the nature and circumstances of the case, to assist the parties in arriving at a settlement. In respect of the subject-matter of the suit.

4 · Assistance of welfare expert.—In every suit or proceeding to which this Order applies, it shall be open to the Court to secure the services of such person (preferably a woman where available), whether related to the parties or not, including a person professionally engaged in promoting the welfare of the family as the Court may think fit, for the purpose of assisting the Court in discharging the functions imposed by rule 3 of this Order.

5 · Duty to enquire into facts.—In every suit or proceeding to which this Order applies, it shall be the duty of the Court to inquire, so far it reasonably can, into the facts alleged by the plaintiff and into any facts alleged by the defendant.

6 · "Family"—meaning of.—For the purposes of this Order, each of the following shall be treated as constituting a family, namely:—

1 · Suits may be instituted by indigent persons.—Subject to the following provisions, any suit may

2 · be instituted by an 2 [indigent person].

3 · [Explanation 1 . —A person is an indigent person,—

1 · Subs. by Act 104 of 1976, s. 81, for "Suits by Paupers"(w.e.f. f. 1-2-1977).

2 · Subs. by s. 81. ibid. for “pauper” (w.e.f. 1-2-1977).

3 · Subs. by s. 81, ibid., for the Explanation (w.e.f. 1-2-1977).

6 · Notice of day for receiving evidence of applicant's indigency.—Where the Court sees no reason to reject the application on any of the grounds stated in rule 5, it shall fix a day (of which at least ten day's clear notice shall be given to the opposite party and the Government pleader) for receiving such evidence as the applicant may adduce in proof of his indigency, and for hearing any evidence which may be adduced in disproof thereof.

1 · 7. Procedure at hearing.—(1) On the day so fixed or as soon thereafter as may be convenient the Court shall examine the witnesses (if any) produced by either party, and may examine the applicant or his agent, and shall may 2 [a full record of their evidence].

3 · [(1A) The examination of the witnesses under sub-rule (1) shall be confined to the matters specified in clause (b) , clause (c) and clause (e) of rule 5 but the examination of the applicant or his agent may relate to any of the matters specified in rule 5.]

8 · Procedure if application admitted.—Where the application is granted, it shall be numbered and registered, and shall be deemed the plaint in the suit, and the suit shall proceed in all other respects as a suit instituted in the ordinary manner, except that the plaintiff shall not be liable to pay any court-fee 6 [or fees payable for service of process] in respect of any petition, appointment of a pleader or other proceeding connected with the suit.

9 · Withdrawal of permission to sue as an indigent person.—The Court may, on the application of the defendant, or of the Government pleader, of which seven days, clear notice in writing has been given to the plaintiff, order that the permission granted to the plaintiff to sue as an indigent person be withdrawn—

3 · [9A. Court to assign a pleader to an unrepresented indigent person.—(1) Where a person, who is permitted to sue as an indigent person, is not represented by a pleader, the Court -may, if the circumstances of the case so require, assign a pleader to him.

10 · Costs where indigent person succeeds.—Where the plaintiff succeeds in the suit, the Court shall calculate the amount of court-fees which would have been paid by the plaintiff if he had not been permitted to sue as 5 [an indigent person]; such amount shall be recoverable by the 7 [State Government] from any party ordered by the decree to pay the same and shall be a first charge, on the subject-matter of the suit.

1 · The provisions of this rule so far as it relates to the making of a memorandum are not applicable to the Chief Court of Oudh, see Oudh Courts Act, 1925 (U.P. Act 4 of 1925), s. 16 (2).

2 · Subs. by Act 104 of 1976, s. 81, for “a memorandum of the substance of their evidence” (w.e.f. 1-2-1977).

3 · Ins. by s. 81, ibid. (w.e.f. 1-2-1977).

4 · Subs. by s. 81, ibid., for “as herein provided” (w.e.f. 1-2-1977).

5 · Subs. by s. 81, ibid., for “pauper” (w.e.f. 1-2-1977).

6 · Subs. by s. 81, ibid., for other then fees pay able for service of process” (w.e.f. 1-2-1977).

7 · Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “Government”.

11 · Procedure where indigent person fails.—Where the plaintiff fails in the suit or the permission granted to him to sue as an indigent person has been withdrawn, or where the suit is withdrawn or dismisses,—

3 · [11A. Procedure where indigent person's suit abates.—Where the suit abates by reason of the death of the plaintiff or of any person added as a co-plaintiff, the Court shall order that the amount of court-fees which would have been paid by the plaintiff if he had not been permitted to sue as 2 [an indigent person] shall be recoverable by the State Government from the estate of the deceased plaintiff.]

12 · State Government may apply for payment of court-fees.— The 4 4 [State Government] shall have the right at any time to apply to the Court to make an order for the payment of court-fees under rule 10, rule 11 or 5 [rule 11A].

13 · State Government to be deemed a party.—All matters arising between the 4 [State Government] and any party to the suit under rule 10, rule 11, 5 [rule 11A] or rule 12 shall be deemed to be questions arising between the parties to the suit within the meaning of section 47.

6 · [14. Recovery of amount of court-fees.—Where an order is made under rule 10, rule 11 or rule 11A, the court shall forthwith cause a copy of the decree or order to be forwarded to the Collector who may, without prejudice to any other mode of recovery, recover the amount of court-fees specified therein from the person or property liable for the payment as if it were an arrear or land revenue.]

15 · Refusal to allow applicant to sue as an indigent person to bar subsequent application of like nature.—An order refusing to allow the applicant to sue as 2 [an indigent person] shall be a bar to any subsequent application of the like nature by him in respect of the same right to sue; but the applicant shall be at liberty to institute a suit in the ordinary manner in respect of such right; 7 [provided that the plaint shall be rejected if he does not pay, either at the time of the institution of the suit or within such time thereafter as the Court may allow,] the costs (if any) incurred by the 4 [State Government] and by the opposite party in opposing his application for leave to sue as 2 [an indigent person].

1 · [15A. Grant of time for payment of court-fee.—Nothing contained in rule 5, rule 7 or rule 15 shall prevent a Court, while rejecting an application under rule 5 or refusing an application under rule 7, from granting time to the applicant to pay the requisite court-fee within such time as may be fixed by the Court or extended by it from time to time; and upon such payment and on payment of the costs referred to in 8 *** rule 15 within that time, the suit shall be deemed to have been instituted on the date on which the application for permission to sue as an indigent person was presented.]

1 · Ins. by Act 104 of 1976, s. 81 (w.e.f. 1-2-1977) .

2 · Subs. by s. 81, ibid., for “pauper” (w.e.f. 1-2-1977).

3 · Ins. by Act 24 of 1942, s. 2.

4 · Subs. by the A.O. 1950, for "Provincial Government" which had been subs. by the A.O.1937, for "Government".

5 · Subs. by Act 24 of 1942, s. 2, for “or rule 11”.

6 · Subs. by s. 2, ibid., for the rule 14.

7 · Subs. by Act 104 of 1976, s. 81, for “provided that he first pays” (w.e.f. 1-2-1977).

8 · Omitted by Act 19 of 1988, s. 3 and the Second Schedule.

16 · Costs.—The costs of an application for permission to sue as an 1 [indigent person] and of an inquiry into indigency shall be costs in the suit.

2 · [17 . Defence by an indigent person.—Any defendant, who desire to plead a set-off or counterclaim, may be allowed to set up such claim as an indigent person, and the rules contained in this Order shall so far as may be, apply to him as if he were a plaintiff and his written statement were a plaint .

18 · Power of Government to provide for free legal services to indigent persons.—(1) Subject to the provisions of this Order, the Central or State Government may make such supplementary provisions as it thinks fit for providing free legal services to those who have been permitted to sue as indigent persons.

1 · . Parties to suits for foreclosure sale and redemption.—Subject to the provisions of this Code, all persons having an interest either in the mortgage-security or in the right of redemption shall be joined as parties to any suit relating to the mortgage.

3 · [2. Preliminary decree in foreclosure suit.—(1) In a suit for foreclosure, if the plaintiff succeeds, the Court shall pass a preliminary decree—

1 · Subs. by Act 104 of 1976, s. 81, for “pauper” (w.e.f. 1-2-1977).

2 · Ins. by s. 81, ibid. (w.e.f. .1-2-1977).

3 · Subs by Act 21 of 1929, s. 4, for the rules 2 to 8.

3 · Final decree in foreclosure suit.—(1) Where, before a final decree debarring the defendant from all right to redeem the mortgaged property has been passed, the defendant makes payment into Court of all amounts due from him under sub-rule (1) of rule 2, the Court shall, on application made by the defendant in this behalf, pass a final decree—

4 · Preliminary decree in suit for sale.—(1) In a suit for sale, if the plaintiff succeeds, the Court shall pass a preliminary decree to the effect mentioned in clauses (a) , (b) and (c) (i) of sub-rule (1) of rule 2, and further directing that, in default of the defendant paying as therein mentioned, the plaintiff shall be entitled to apply for a final decree directing that the mortgaged property or a sufficient part thereof be sold, and the proceeds of the sale (after deduction therefrom of the expenses of the sale) be paid into Court and applied in payment of what has been found or declared under or by the preliminary decree due to the plaintiff, together with such amount as may have been adjudged due in respect of subsequent costs, charges, expenses and interest, and the balance, if any, be paid to the defendant or other persons entitled to receive the same.

5 · Final decree in suit for sale.—(1) Where, on or before the day fixed or at any time before the confirmation of a sale made in pursuance of a final decree passed under sub-rule (3) of this rule, the defendant makes payment into Court of all amounts due from him under sub-rule (1) of rule 4, the Court shall, on application made by the defendant in this behalf, pass a final decree or, if such decree has been passed, an order—

6 · . Recovery of balance due on mortgage in suit for sale.—Where the net proceeds of any sale held under 1 [rule 5] are found insufficient to pay the amount due to the plaintiff, the Court, on application by him may, if the balance is legally recoverable from the defendant otherwise than out of the property sold, pass a decree for such balance.

7 · Preliminary decree in redemption suit.—(1) In a suit for redemption, if the plaintiff succeeds, the Court shall pass a preliminary decree—

1 · Subs. by Act 104 of 1976, s. 82, for “the last preceding rule” (w.e.f. 1-2-1977).

8 · Final decree in redemption suit.—(1) Where, before a final decree debarring the plaintiff from all right to redeem the mortgaged property has been passed or before the confirmation of a sale held in pursuance of a final decree passed under sub-rule (3) of this rule, the plaintiff makes payment into Court of all amounts due from him under sub-rule (1) of rule 7, the Court shall, on application made by the plaintiff in this behalf, pass a final decree or, if such decree has been passed, an order—

1 · [8A . Recovery of balance due on mortgage in suit for redemption.—Where the net proceeds of any sale held under 2 [rule 8] are found insufficient to pay the amount due to the defendant, the Court, 3 [on

1 · Ins. by Act 21 of 1929, s. 5.

2 · Subs. by Act 104 of 1976, s. 82, for “the last preceding rule” (w.e.f. 1-2-1977).

3 · Subs. by s. 82, ibid., for “an application by him” (w.e.f. 1-2-1977).

9 · Decree where nothing is found due or where mortgagee has been overpaid.—Notwithstanding anything hereinbefore contained, if it appears, upon taking the account referred to in rule 7, that nothing is due to the defendant or that he has been overpaid, the Court shall pass a decree directing the defendant, if so require, to re-transfer the property and to pay to the plaintiff the amount which may be found due to him; and the plaintiff shall, if necessary, be put in possession of the mortgaged property.

1 · [10. Costs of mortgagee subsequent to decree.—In finally adjusting the amount to be paid to a mortgagee in case of a foreclosure, sale or redemption, the Court shall, unless in the case of costs of the suit the conduct of the mortgagee has been such as to disentitle him thereto, add to the mortgage-money such costs of the suit and other costs, charges and expenses as have been properly incurred by him since the date of the preliminary decree for foreclosure, sale or redemption up to the time of actual payment:]

2 · [Provided that where the mortgagor, before or at the time of the institution of the suit, tenders or deposits the amount due on the mortgage, or such amount as is not subsequently deficient in the opinion of the Court, he shall not be ordered to pay the costs of the suit to the mortgagee and the mortgagor shall be entitled to recover his own costs of the suit from the mortgagee, unless the Court, for reasons to be recorded, otherwise directs.]

2 · [10A . Power of Court to direct mortgagee to pay mesne profits.—Where in a suit for foreclosure, the mortgagor has, before or at the time of the institution of the suit, tendered or deposited the sum due on the mortgage, or such sum as is not substantially deficient in the opinion of the Court, the Court shall direct the mortgagee to pay to the mortgagor mesne profits for the period beginning with the institution of the suit].

11 · Payment of interest.—In any decree passed in a suit for foreclosure, sale or redemption, where interest is legally recoverable, the Court may order payment of interest to the mortgagee as follows, namely:—

5 · [(b) subsequent interest up to the date of realisation or actual payment on the aggregate of the principal sums specified in clause (a) as calculated in accordance with that clause at such rate as the Court deems reasonable.]

12 · Sale of property subject to prior mortgage.—Where any property the sale of which is directed under this Order is subject to a prior mortgage, the Court may, with the consent of the prior mortgagee, direct that the property -be sold free from the same, giving to such prior mortgagee the same interest in the proceeds of the sale as he had in the property sold .

1 · Subs. by Act 21 of 1929, s. 6, for rules 10 and 11.

2 · Ins. by Act 104 of 1976, s. 82 (w.e.f. 1-2-1977) .

3 · Sub-clause (ii) omitted by Act 66 of 1956, s. 14 (w.e.f. 1-1-1957).

4 · Subs. by s. 14, ibid., for certain words (w.e.f. 1-1-1957).

5 · Subs. by s. 14, ibid., for clause (b) (w.e.f. 1-1-1957).

13 · Application of proceeds.—(1) Such proceeds shall be brought into Court and applied as follows:—

14 · Suit for sale necessary for bringing mortgaged property to sale.—(1) Where a mortgage has obtained a decree for the payment of money in satisfaction of a claim arising under the mortgage, he shall not be entitled to bring the mortgaged property to sale otherwise than by instituting a suit for sale in enforcement of the mortgage, and he may institute such suit notwithstanding anything contained in Order II, rule 2.

1 · [15. Mortgages by the deposit of title deeds and charges.— 2 [(1)] All the provisions contained in this Order which apply to a simple mortgage shall, so far as may be, apply to a mortgage by deposit of title-deeds within the meaning of section 58, and to a charge within the meaning of section 100 of the Transfer of Property Act, 1882 (4 of 1882);

3 · [(2) Where a decree orders payment of money and charges it on immovable property on default of payment, the amount may be realised by sale of that property in execution of that decree.]

1 · Plaint in interpleader-suit.—In every suit of interpleader the plaint shall, in addition to the other statements necessary for plaints, state—

2 · Payment of thing claimed into Court.—Where the thing claimed is capable of being paid into Court or placed in the custody of the Court, the plaintiff may be required to so pay or place it before he can be entitled to any order in the suit.

3 · Procedure where defendant is suing plaintiff.—Where any of the defendants in an interpleader-suit is actually suing the plaintiff in respect the subject-matter of such suit, the Court in which the suit against the plaintiff is pending shall, on being informed by the Court in which the interpleader-suit has been instituted, stay the proceedings as against him; and his costs in the suit so stayed may be provided for in such suit; but if, and in so far as, they are not provided for in that suit, they may be added to his costs incurred in the interpleader-suit.

1 · Subs. by Act 21 of 1929, s. 7, for rule 15.

2 · Rule 15 renumbered as sub-rule (1) by Act 104 of 1976, s. 82 (w.e.f. 1-2-1977).

3 · Ins. by s. 82, ibid. (w.e.f. 1-2-1977).

4 · Procedure at first hearing.—(1) At the first hearing the Court may—

5 · Agents and tenants may not institute interpleader suits.—Nothing in this Order shall be deemed to enable agents to sue their principals, or tenants to sue their landlords, for the purpose of compelling them to interplead with any persons other than persons making claim through such principals or landlords.

6 · Charge for plaintiff's costs.—Where the suit is properly instituted the Court may provide for the costs of the original plaintiff by giving him a charge on the thing claimed or in some other effectual way.

1 · Power to state case for Court's opinion.—(1) Parties claiming to be interested in the decision of any question of fact or law may enter into an agreement in writing stating such question in the form of a case for the opinion of the Court, and providing that, upon the finding of the Court with respect to such question,—

2 · Where value of subject-matter must be stated.—Where the agreement is for the delivery of any property, or for the doing, or the refraining from doing, any particular act, the estimated value of the property to be delivered, or to which the act specified has reference, shall be stated in the agreement.

3 · Agreement to be filed and registered as suit.—(1) The agreement, if framed in accordance with the rules hereinbefore contained, may be filed 1 [with an application] in the Court which would have jurisdiction to entertain a suit, the amount or value of the subject-matter of which is the same as the amount or value of the subject-matter of the agreement.

4 · Parties to be subject to Court's jurisdiction.—Where the agreement has been filed, the parties to it shall be subject to the jurisdiction of the Court and shall be bound by the statements contained therein.

5 · Hearing and disposal of case.—(1) The case shall be set down for hearing as a suit instituted in the ordinary manner, and the provisions of this Code shall apply to such suit so far as the same are applicable.

4 · [6. No appeal from a decree passed under rule 5.—No appeal shall lie from a decree passed under rule 5.]

6 · [1. Courts and classes of suits to which the Order is to apply.—(1) This Order shall apply to the following Courts, namely:—

1 · Ins. by Act 104 of 1976, s. 83 (w.e.f. 1-2-1977) .

2 · Subs. by s. 83, ibid., for “The agreement” (w.e.f. 1-2-1977).

3 · Subs. by s. 83, ibid., for “it was presented” (w.e.f. 1-2.1977).

4 · Ins. by s. 83, ibid. (w.e.f. 1-2-1977).

5 · The words “On Negotiable Instruments” omitted by s. 84, ibid. (w.e.f. 1-2-1977).

6 · Subs. by s. 84, ibid., for rule 1 (w.e.f. 1-2-1977).

1 · [2. Institution of summary suits.—(1) A suit, to which this Order applies, may if the plaintiff desires to proceed hereunder, be instituted by presenting a plaint which shall contain,—

2 · [3. Procedure for the appearance of defendant— t— (1) In a suit to which this Order applies, the plaintiff shall, together with the summons under rule 2, serve on the defendant a copy of the plaint and annexures thereto and the defendant may, at any time within ten days of such service, enter an appearance either in person or by pleader and, in either case, he shall file in Court an address for service of notices on him.

1 · Subs. by Act 104 of 1976, s. 84, for rule 2 (w.e.f. 1-2-1977).

2 · Subs. by s. 84, ibid., for rule 3 (w.e.f. 1-2-1977).

4 · Power to set aside decree.—After decree the Court may, under special circumstances set aside the decree, and if necessary stay or set aside execution, and may give leave to the defendant to appear to the summons and to defend the suit, if it seems reasonable to the Court so to do, and on such terms as the Court thinks fit.

5 · Power to order bill, etc., to be deposited with officer of Court.—In any proceeding under this Order the Court may order the bill, hundi or note on which the suit is founded to be forthwith deposited with an officer of the Court, and may further order that all proceedings shall be stayed until the plaintiff gives security for the costs thereof.

6 · Recovery of cost of noting non-acceptance of dishonoured bill or note.—The holder of every dishonoured bill of exchange or promissiory note shall have the same remedies for the recovery of the expenses incurred in noting the same for non-acceptance or non-payment, or otherwise, by reason of such dishonour, as he has under this Order for the recovery of the amount of such bill or note.

7 · Procedure in suits.—Save as provided by this Order, the procedure in suits hereunder shall be the same as the procedure in suits instituted in the ordinary manner.

1 · Where defendant may be called upon to furnish security for appearance.—Where at any stage of a suit, other than a suit of the nature referred to in section 16, clauses (a) to (d) , the Court is satisfied, by affidavit or otherwise,—

1 · Subs. by Act 2 of 1951, s. 3, for “the States”.

2 · Security.—(1) Where the defendant fails to show such cause the Court shall order him either to deposit in Court money or other property sufficient to answer the claim against him, or to furnish security for his appearance at any time when called upon while the suit is pending and until satisfaction of any decree that may be passed against him in the suit, or make such order as it thinks fit in regard to the sum which may have been paid by the defendant under the proviso to the last preceding rule.

3 · Procedure on application by surety to be discharged.—(1) A surety for the appearance of a defendant may at any time apply to the Court in which he became such surety to be discharged from his obligation .

4 · Procedure where defendant fails to furnish security or find fresh security.—Where the defendant fails to comply with any order under rule 2 or rule 3, the Court may commit him to the civil prison until the decision of the suit or, where a decree is passed against the defendant, until the decree has been satisfied:

5 · Where defendant may be called upon to furnish security for production of property.—(1) Where, at any stage of a suit, the Court is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him,—

1 · [(4) If an order of attachment is made without complying with the provisions of sub-rule (1) of this rule, such attachment shall be void.]

6 · Attachment where cause not shown or security not furnished.—(1) Where the defendant fails to show cause why he should not furnish security, or fails to furnish the security required, within the time fixed by the Court, the Court may order that the property specified, or such portion thereof as appears sufficient to satisfy any decree which may be passed in the suit, be attached.

1 · Ins. by Act 104 of 1976, s. 85 (w.e.f. 1-2-1977) .

7 · Mode of making attachment.—Save as otherwise expressly provided, the attachment shall be made in the manner provided for the attachment of property in execution of a decree.

1 · [8. Adjudication of claim to property attached before judgment.—Where any claim is preferred to property attached before judgment, such claim shall be adjudicated upon in the manner hereinbefore provided for the adjudication of claim to property attached in execution of a decree for the payment of money.]

9 · Removal of attachment when security furnished or suit dismissed.—Where an order is made for attachment before judgment, the Court shall order the attachment to be withdrawn when the defendant furnishes the security required, together with security for the cost of the attachment, or when the suit is dismissed.

10 · Attachment before judgment not to affect rights of strangers, nor bar decree-holder from applying for sale.—Attachment before judgment shall not affect the rights, existing prior to the attachment, of persons not parties to the suit, nor bar any person holding a decree against the defendant from applying for the sale of the property under attachment in execution of such decree.

11 · Property attached before judgment not to be re-attached in execution of decree.—Where property is under attachment by virtue of the provisions of this order decree is subsequently passed in favour of the plaintiff, it shall not be necessary upon an application for execution of such decree to apply for a re-attachment of the property.

2 · [11A. Provisions applicable to attachment.—(1) The provisions of this Code applicable to an attachment made in execution of a decree shall, so far as may be, apply to an attachment made before judgment which continues after the judgment by virtue of the provisions of rule 11.

12 · Agricultural produce not attachable before judgment.—Nothing in this Order shall be deemed to authorise the plaintiff to apply for the attachment of any agricultural produce in the possession of an agriculturist, or to empower the Court to order the attachment or production of such produce.

3 · [13. Small Cause Court not to attach immovable property.—Nothing in this Order shall be deemed to empower any Court of Small Causes to make an order for the attachment of immovable property.]

1 · Cases in which temporary injunction may be granted.—Where in any suit it is proved by affidavit or otherwise—

5 · [(c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit,]

1 · Subs. by Act 104 of 1976, s. 85, for rule 8 (w.e.f. 1-2-1977).

2 · Ins. by s. 85, ibid. (w.e.f. 1-2-1977).

3 · Ins. by Act 1 of 1926, s. 4.

4 · Subs. by Act 104 of 1976, s. 86, for “defraud” (w.e.f. 1-2-1977).

5 · Ins. by s. 86, ibid. (w.e.f. 1-2-1977).

2 · Injunction to restrain repetition or continuance of breach.—(1) In any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the Court for a temporary injunction to restrain the defendant from committing the breach of contract or injury complained, of, or any breach of contract or injury of a like kind arising out of the same contract or relating to the same property or right.

1 · [2A. Consequence of disobedience or breach of injunction.—(1) In the case of disobedience of any injunction granted or other order made under rule 1 or rule 2 or breach of any of the terms on which the injunction was granted or the order made, the Court granting the injunction or making the order, or any Court to which the suit or proceeding is transferred, may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding three months, unless in the meantime the Court directs his release.

3 · Before granting injunction, Court to direct notice to opposite party.—The Court shall in all cases, except where it appears that the object of granting the injunction would be defeated by the delay, before granting an injunction, direct notice of the application for the same to be given to the opposite party:

1 · [Provided that, where it is proposed to grant an injunction without giving notice of the application to the opposite party, the Court shall record the reasons for its opinion that the object of granting the injunction would be defeated by delay, and require the applicant—

1 · [3A. Court to dispose of application for injunction within thirty days.—Where an injunction has been granted without giving notice to the opposite party, the Court shall make an endeavour to finally dispose of the application within thirty days from the date on which the injunction was granted; and where it is unable so to do, it shall record its reasons for such inability.]

1 · Ins. by Act 104 of 1976, s. 86 (w.e.f. 1-2-1977) .

2 · Sub-rules (3) and (4) omitted by s. 86, ibid. (w.e.f. 1-2-1977).

4 · Order for injunction may be discharged, varied or set aside.—Any order for an injunction may be discharged, or varied, or set aside by the Court, on application made thereto by any party dissatisfied with such order:

1 · [Provided that if in an application for temporary injunction or in any affidavit supporting such application, a party has knowingly made a false or misleading statement in relation to a material particular and the injunction was granted without giving notice to the opposite party, the Court shall vacate the injunction unless, for reasons to be recorded, it considers that it is not necessary so to do in the interests of justice:

5 · Injection to corporation binding on its officer.—An injunction directed to a corporation is binding not only on the corporation itself, but also on all members and officers of the corporation whose personal action it seeks to restrain.

6 · Power to order interim sale.—The Court may, on the application of any party to a suit, order the sale, by any person named in such order, and in such manner and on such terms as it thinks fit, of any movable property, being the subject-matter of such suit, or attached before judgment in such suit, which is subject to speedy and natural delay, or which for any other just and sufficient cause, it may be desirable to have sold at once.

7 · Detention, preservation, inspection, etc., of subject-matter of suit.—(1) The Court may, on the application of any party to a suit, and on such terms as it thinks fit,—

8 · Application for such orders to be after notice.—(1) An application by the plaintiff for an order

2 · under rule 6 or rule 7 may be made 2 *** at any time after institution of the suit.

1 · [(3) Before making an order under rule 6 or rule 7 on an application made for the purpose, the Court shall, except where it appears that the object of making such order would be defeated by the delay, direct notice thereof to be given to the opposite party.]

9 · When party may be put in immediate possession of land the subject-matter of suit.—Where land paying revenue to Government, or a tenure liable to sale, is the subject-matter of a suit, if the party in possesion of such land or tenure neglects to pay the Government revenue, or the rent due to the proprietor of the tenure, as the case may be, and such land or tenure is consequently ordered to be sold, any other party to the suit claiming to have an interest in such land or tenure may, upon payment of the revenue or rent due previously to the sale (and with or without security at the discretion of the Court), be put in immediate possession of the land or tenure;

1 · Ins. by Act 104 of 1976, s. 86 (w.e.f. 1-2-1977) .

2 · The words “after notice to the defendant” omitted by s. 86, ibid. (w.e.f. 1-2-1977).

3 · The words “after notice to the plaintiff” omitted by s. 86, ibid. (w.e.f. 1-2-1977).

10 · Deposit of money, etc., in Court.—Where the subject-matter of a suit is money or some other thing capable of delivery and any party thereto admits that he holds such money or other thing as a trustee for another party, or that it belongs or is due to another party, the Court may order the same to be deposited in Court or delivered to such last-named party, with or without security, subject to the further direction of the Court.

1 · Appointment of receivers.—(1) Where it appears to the Court to be just and convenient, the Court may by order—

2 · Remuneration.—The Court may by general or special order fix the amount to be paid as remuneration for the services of the receiver.

3 · Duties.—Every receiver so appointed shall—

4 · Enforcement of receiver’s duties.—Where a receiver—

5 · When Collector may he appointed receiver.—Where the property is land paying revenue to the Government, or land of which the revenue has been assigned or redeemed, and the Court considers that the interests of those concerned will be promoted by the management of the Collector, the Court may, with the consent of the Collector, appoint him to be receiver of such property.

1 · Form of appeal What to accompany memorandum.—(1) Every appeal shall be preferred in the form of a memorandum signed by the appellant or his pleader and presented to the Court or to such officer as it appoints in this behalf. The memorandum shall be accompanied by a copy of the 1 [Judgment].

1 · Subs. by Act 46 of 1999, s. 31, for certain words, (w.e.f. 1-7-2002).

2 · [(5) Notwithstanding anything contained in the foregoing sub-rules, where the appellant fails to make the deposit or furnish the security specified in sub-rule (3) of rule 1, the Court shall not make an order staying the execution of the decree.]

6 · Security in case of order for execution of decree appealed from.—(1) Where an order is made for the execution of a decree from which an appeal is pending, the Court which passed the decree shall , on sufficient cause being shown by the appellant, require security to be taken for the restitution of any property which may be or has been taken in execution of the decree or for the payment of the value of such property and for the due performance of the decree or order of the Appellate Court, or the Appellate Court may for like cause direct the Court which passed the decree to take such security.

7 · 3 [No security to be required from the Government or a public officer in certain cases.] Rep. by the A.O. 1937.

8 · Exercise of power in appeal from order made in execution of decree.—The powers conferred by rules 5 and 6 shall be exercisable where an appeal may be or has been preferred not from the decree but from an order made in execution of such decree.

4 · [9. Registry of memorandum of appeal.—(1) The Court from whose decree an appeal lies shall entertain the memorandum of appeal and shall endorse thereon the date of presentation and shall register the appeal in a book of appeal kept for that purpose.

10 · Appellate Court may require appellant to furnish security for costs.—(1) The Appellate Court may in its discretion, either before the respondent is called upon to appear and answer or afterwards on the application of the respondent, demand from the appellant security for the costs of the appeal, or of the original suit, or of both:

1 · Subs. by Act 104 of 1976, s. 87, for certain words (w.e.f. 1-2-1977).

2 · Ins. by s. 87, ibid. (w.e.f. 1-2-1977).

3 · See order XXVII, rule 8A, supra .

4 · Subs. by Act 46 of 1999, s. 31, for rule 9 (w.e.f. 1-7-2002).

5 · Subs. by Act 2 of 1951, s. 3, for “the States”.

23 · Remand of case by Appellate Court.—Where the Court from whose decree an appeal is preferred has disposed of the suit upon a preliminary point and the decree is reversed in appeal, the Appellate Court may, if it thinks fit, by order remand the case, and may further direct what issue or issues shall be tried in the case so remanded, and shall send a copy of its judgment and order to the Court from whose decree the appeal is preferred, which directions to re-admit the suit under its original number in the register of civil suits, and proceed to determine the suit; and the evidence (if any) recorded during the original trial shall, subject to all just exceptions, be evidence during the trial after remand.

1 · [23A. Remand in other cases.—Where the Court from whose decree an appeal is preferred has disposed of the case otherwise than on a preliminary point, and the decree is reversed in appeal and a a re-trial is considered necessary, the Appellate Court shall have the same powers as it has under rule 23.

24 · Where evidence on record sufficient Appellate Court may determine case finally.—Where the evidence upon the record is sufficient to enable the Appellate Court to pronounce judgement, the Appellate Court may, after resettling the issues, if necessary, finally determine the suit, notwithstanding that the judgment of the Court from whose decree the appeal is preferred has proceeded wholly upon some ground other than that on which the Appellate Court proceeds.

25 · Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from.—Where the Court from whose decree the appeal is preferred has omitted to frame or try any issue, or to determine any question of fact, which appears to the Appellate Court essential to the right decision of the suit upon the merits, the Appellate Court may, if necessary, frame issues, and refer the same for trial to the Court from whose decree the appeal is preferred, and in such case shall direct such Court to take the additional evidence required;

26 · Findings and evidence to be put on record. Objections to findings.—(1) Such evidence and findings shall form part of the record in the suit; and either party may, within a time to be fixed by the Appellate Court, present a memorandum of objections to any finding.

1 · [26A. Order of remand to mention date of next hearing.—Where the Appellate Court remands a case under rule 23 or rule 23A, or frames issues and refers them for trial under rule 25, it shall fix a date for the appearance of the parties before the Court from whose decree the appeal was preferred for the purpose of receiving the directions of that Court as to further proceedings in the suit.]

27 · Production of additional evidence in Appellate Court.—(1) The parties to an appeal shall not be entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if —

1 · Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977) .

1 · [ja) an order rejecting an application made under sub-rule (1) of rule 106 of Order XXI, provided that an order on the original application, that is to say, the application referred to in sub-rule (1) of rule 105 of that Order is appealable;]

1 · [(na) an order under rule 5 or rule 7 of Order XXXIII rejecting an application for permission to sue as an indigent person;]

1 · Ins. by Act 104 of 1976, s. 89 (w.e.f. 1-2-1977) .

2 · Cls. (b), (e), (g), (h), (m) , (o) and (v) omitted by s. 89, ibid, (w.e.f. 1-2-1977).

1 · [1A. Right to challenge non-appealable orders in appeal against decrees.—(1) Where any order is made under this Code against a party and thereupon any judgment is pronounced against such party and a decree is drawn up, such party may, in an appeal against the decree, contend that such order should not have been made and the judgment should not have been pronounced.

2 · Procedure.—The rules of Order XLI shall apply, so far as may be, to appeals from orders.

2 · [APPEALS BY INDIGENT PERSONS]

1 · Who may appeal 3 [as an indigent person]. —4 4 [(1)] Any person entitled to prefer an appeal, who is unable to pay the fee required for the memorandum of appeal, may present an application accompanied by a memorandum of appeal, and may be allowed to appeal as an 5 [indigent person], subject, in all matters, including the presentation of such application, to the provisions relating to suits by 5 [indigent persons], in so far as those provisions are applicable.

8 · [2. Grant of time for payment of court-fee.—Where an application is rejected under rule 1, the Court may, while rejecting the application, allow the applicant to pay the requisite Court-fee, within such time as may be fixed by the Court or extended by it from time to time; and upon such payment, the memorandum of appeal in respect of which such fee is payable shall have the same force and effect as if such fee had been paid in the first instance.

3 · Inquiry as to whether applicant is an indigent person.—(1) Where an applicant, referred to in rule 1, was allowed to sue or appeal as an indigent person in the Court from whose decree the appeal is preferred, no further inquiry in respect of the question whether or not he is an indigent person shall be necessary if the applicant has made an affidavit stating that he has not ceased to be an indigent person since the date of the decree appealed from; but if the Government Pleader or the respondent disputes the truth of the statement made in such affidavit, an inquiry into the question aforesaid shall be held by the Appellate Court, or, under the orders of the Appellate Court, by an officer of that Court.

1 · Ins. by Act 104 of 1976, s. 89 (w.e.f. 1-2-1977) .

2 · Subs. by s. 90, ibid., for “pauper appeals” (w.e.f. 1-2-1977).

3 · Subs. by s. 90, ibid., for “as pauper” (w.e.f 1-2-1977).

4 · Rule 1 re-numbered as sub-rule (1) by Act 66 of 1956, s. 14.

5 · Subs. by Act 104 of 1976, s. 90, for “pauper” and “paupers” respectively (w.e.f 1-2-1977),

6 · Proviso omitted by Act 66 of 1956, s. 14.

7 · Sub-rule (2) ins. by s. 14, ibid. and omitted by Act 104 of 1976, s. 90 (w.e.f 1-2-1977).

8 · Subs. by Act 104 of 1976, s. 90, for rule 2 (w.e.f. 1-2-1977).

12 · Refund of balance deposit.—When the copy of the record, except as aforesaid, has been transmitted to 1 [the Supreme Court], the appellant may obtain a refund of the balance (if any) of the amount which he has deposited under rule 7.

13 · Powers of Court pending appeal.—(1) Notwithstanding the grant of a certificate for the admission of any appeal, the decree appealed from shall be unconditionally executed, unless the Court otherwise directs.

14 · Increase of security found inadequate.—(1) Where at any time during the pendency of the appeal the security furnished by either party appears inadequate, the Court may, on the application of the other party, require further security.

15 · . Procedure to enforce orders of the Supreme Court.—(1) Whoever desires to obtain execution of 2 [any decree or order] of 1 [the Supreme Court] shall apply by petition, accompanied by a certified copy of the decree passed or order made in appeal and sought to be executed, to the Court from which the appeal to 3 [the Supreme Court] was preferred.

1 · Subs., by the A.O. 1950, for “His Majesty in Council”.

2 · Subs., ibid., for “any order”.

3 · Subs., ibid., for “His Majesty”.

5 · Sub-rule (3) omitted by the A.O. 1950.

1 · [(4) 2 [Unless the Supreme Court otherwise directs, no decree or order of that Court] shall be inoperative on the ground that no notice has been served on or given to the legal representative of any deceased opposite party or deceased respondent in a case, where such opposite party or respondent did not appear either at the hearing in the Court whose decree was complained of or at any proceedings subsequent to the decree of that Court, but such order shall have the same force and effect as if it had been made before the death took place.]

16 · Appeal from order relating to execution.—The orders made by the Court which executes the 3 [decree or order] of 4 [the Supreme Court], relating to such execution, shall be appealable in the same manner and subject to the same rules as the orders of such Court relating to the execution of its own decrees.

17 · [Appeals to Federal Court.] Rep. by the Federal Act, 1941 (21 of 1941), s. 2.

1 · Reference of question to High Court.—Where, before or on the hearing of a suit or an appeal in which the decree is not subject to appeal, or where, in the execution of any such decree, any question of law or usage having the force of law arises, on which the Court trying the suit or appeal, or executing the decree, entertains reasonable doubt, the Court may, either of its own motion or on the application of any of the parties, draw up a statement of the facts of the case and the point on which doubt is entertained, and refer such statement with its own opinion on the point for the decision of the High Court.

2 · Court may pass decree contingent upon decision of High Court.—The Court may either stay the proceedings or proceed in the case notwithstanding such reference, and may pass a decree or make an order contingent upon the decision of the High Court on the point referred:

3 · Judgment of High Court to be transmitted and case disposed of accordingly.—The High Court, after hearing the parties if they appear and desire to be heard, shall decide the point so referred, and shall transmit a copy of its judgment, under the signature of the Registrar, to the Court by which the reference was made; and such Court shall, on the receipt thereof, proceed to dispose of the case in conformity with the decision of the High Court.

4 · Cost of reference to High Court.—The costs (if any) consequent on a reference for the decision of the High Court shall be costs in the case.

5 · [4A. Reference to High Court under proviso to section 113.—The provisions of rules 2, 3 and 4 shall apply to any reference by the Court under the proviso to section 113 as they apply to a reference under rule 1; and]

5 · Power to alter, etc., decree of Court making reference.—Where a case is referred to the High Court under rule 5 [or under the proviso to section 113], the High Court may return the case for amendment, and may alter, cancel or set aside any decree or order which the Court making the reference has passed or made in the case out of which the reference arose, and make such order as it thinks fit.

1 · Ins. by Act 26 of 1920, s. 5.

2 · Subs. by the A.O. 1950, for "Unless His Majesty in Council is pleased otherwise to direct, no order of His Majesty in Council".

4 · Subs., ibid., for “His Majesty in Council”.

5 · Ins. by Act 24 of 1951, s. 2.

6 · Power to refer to High Court questions as to jurisdiction in small causes.—(1) Where at any time before judgment a Court in which a suit has been instituted doubts whether the suit is cognizable by a Court of Small Causes or is not so cognizable, it may submit the record to the High Court with a statement of its reasons for the doubt as to the nature of the suit.

7 · Power to District Court to submit for revision proceeding had under mistake as to jurisdiction in small causes.—(1) Where it appears to a District Court that a Court subordinate thereto has, by reason of erroneously holding a suit to be cognizable by a Court of Small Causes or not to be so cognizable, failed to exercise a jurisdiction vested in it by law, or exercised a jurisdiction not so vested, the District Court may, and if required by a party shall, submit the record to the High Court with a statement of its reasons for considering the opinion of the Subordinate Court with respect to the nature of the suit to be erroneous.

1 · Application for review of judgment.—(1) Any person considering himself aggrieved—

1 · [Explanation . — The fact that the decision on a question of law on which the judgment of the Court is based has been reversed or modified by the subsequent decision of a superior Court in any other case, shall not be a ground for the review of such judgment.]

2 · [To whom applications for review may be made . ]—Rep. by the Code of Civil Procedure (Amendment) Act , 1956 (66 of 1956) s. 14.

3 · Form of applications for review.—The provisions as to the form of preferring appeals shall apply, mutatis mutandis, to applications for review.

4 · . Application where rejected.—(1) Where it appears to the Court that there is not sufficient ground for a review, it shall reject the application.

1 · Ins. by Act 104 of 1976, s. 92 (w.e.f. 1-2-1977) .

5 · Application for review in Court consisting of two or more Judges.—Where the Judge or Judges, or any one of the Judges, who passed the decree or made the order a review of which is applied for, continues or continued attached to the Court at the time when the application for a review is presented, and is not or not precluded by absence or other cause for a period of six months next after the application from considering the decree or order to which the application refers, such Judge or Judges or any of them shall hear the application, and no other Judge or Judges of the Court shall hear the same.

6 · Application where rejected.—(1) Where the application for a review is heard by more than one Judge and the Court is equally divided, the application shall be rejected.

7 · Order of rejection not appealable. Objections to order granting application.— 1 [(1) An order of the Court rejecting the application shall not be appealable; but an order granting an application may be objected to at once by an appeal from the order granting the application or in an appeal from the decree or order finally passed or made in the suit.]

8 · Registry of application granted, and order for re-hearings.—When an application for review is granted, a note thereof shall be made in the register and the Court may at once re-hear the case or make such order in regard to the re-hearing as it thinks fit.

9 · Bar of certain application.—No application to review an order made on an application for a review or a decree or order passed or made on a review shall be entertained.

1 · Process to be served at expense of party issuing.—(1) Every process issued under this Code shall be served at the expense of the party on whose behalf it is issued, unless the Court -otherwise directs.

2 · Orders and notices how served.—All orders, notices and other documents required by this Code to be given to or served on any person shall be served in the manner provided for the service of summons.

1 · Subs. by Act 104 of 1976, s. 92, for sub-rule (1) (w.e.f. 1-2-1977).

3 · Use of forms in appendices.—The Forms given in the appendices, with such variation as the circumstances or each case may require, shall be used for the purposes therein mentioned.

1 · Who may serve processes of High Court.—Notice to produce documents, summonses to witnesses, and every other judical process, issued in the exercise of the original civil jurisdiction of the High Court, and of its matrimonial, testamentary and intestate jurisdictions, except summonses to defendants, writs of execution and notices to respondents may be served by the attorneys in the suits, or by persons employed by them, or by such other persons as the High Court, by any rule or order, directs .

2 · Saving in respect of Chartered High Courts.—Nothing in this Schedule shall be deemed to limit or otherwise affect any rules in force at the commencement of this Code for the taking of evidence or the recording of judgments and orders by a Chartered High Court.

3 · Application of rules.—The following rules shall not apply to any Chartered High Court in the exercise of its ordinary or extraordinary original civil jurisdiction, namely:—

1 · Provincial Small Cause Courts.—The provisions hereinafter specified shall not extend to Court constituted under the Provincial Small Cause Courts Act 1887 (9 of 1887) 1 [or under the Berar Small Cause Courts Law, 1905] or to Courts exercising the jurisdiction of a Court of Small Causes 2 [under the said Act or Law] 3 [or to Courts in 4 [any part of India to which the said Act does not extend] exercising a corresponding jurisdiction that is to say—

1 · Ins. by Act 4 of 1941, s. 2, and the Third Sch.

2 · Subs. by s. 2, and the Third Sch. ibid., for “under that Act”.

3 · Ins. by Act 2 of 1951, s. 18.

4 · Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.

1 · Presidency Small Cause Courts.—Save as provided in rules 22 and 23 of Order V, rules 4 and 7 of Order XXI, and rule 4 of Order XXVI, and by the Presidency Small Cause Courts Act, 1882 (15 of 1882), this Schedule shall not extend to any suit or proceeding in any Court of Small Causes established in the towns of Calcutta, Madras and Bombay.

1 · [The Union of India or the State of…………………….., as the case may be.]

1 · Subs. by the A. O. 1950, for "The Secretary of State or the Federation of India or the Province of……………., as the case may be".

1 · . On the……day of………20..…., the defendant, by a registered instrument, let to the plaintiff [the house No……..Street] for the term of……..years, contracting with the plaintiff, that he, the plaintiff, and his legal representatives should quietly enjoy possession thereof for the said term .

1 · [*2. The plaintiff has obtained the leave of the Court for the institution of this suit.]

1 · Subs. by Act 104 of 1976, s. 93, for paragraph 2 (w.e.f. 1-2-1977).

5 · The plaintiff claims—

8 · The plaintiff claims—

3 · . defendant E. F. also claims the same [under an order of G.H. transferring the same to him.]

6 · The suit is not brought by collusion with either of the defendants.

9 · The plaintiff claims—

6 · The plaintiff claims—

1 · Subs. by Act 104 of 1976 s. 93, for “a decree for the balance” (w.e.f. 1-2-1977).

3 · The defendant has taken possession [or has received the rents] of the mortgaged property.

6 · The plaintiff claims to redeem the said property and to have the same reconveyed to him [and to have possession thereof]. 1 [together with mesne profits].

1 · By an agreement dated the........... day of................ and signed by the defendant, he contracted to buy of [or sell to] the plaintiff certain immovable property therein described and deferred to, for the sum of........................ rupees.

2 · The plaintiff has applied to the defendant specifically to perform the agreement on his part, but the defendant has not done so.

3 · The plaintiff has been and still is ready and willing specifically to perform the agreement on his part of which the defendant has had notice.

6 · The plaintiff claims that the Court will order the defendant specifically to perform the agreement and to do all acts necessary to put the plaintiff in full possession of the said property [or to accept a transfer and possession of the said property] and to pay the costs of the suit.

1 · On the..............day of..............20............, the plaintiff and defendant entered into an agreement, in writing, and the original document is hereto annexed.

2 · On the...........day of...............20............, the plaintiff tendered rupees to the defendant, and demanded a transfer of the said property by a sufficient instrument.

3 · On the..........day of..................20.........., the plaintiff again demanded such transfer. [Or the defendant refused to transfer the same to the plaintiff.]

4 · The defendant has not executed any instrument of transfer.

5 · The plaintiff is still ready and willing to pay the purchase-money of the said property to the defendant.

8 · The plaintiff claims—

1 · Ins. by Act 104 of 1976, s. 93 (w.e.f. 1-2-1977) .

1 · See now the Limitation Act, 1963 (36 of 1963).

5 · Except as to Rs. , same as 2. 6.

1 · 3.

1907 · January 25th. . . . . . . . . . . . . . . . . . . 150

45 · maunds at Rs. 2 per maund.................Rs. 90 .

1 · See now the Limitation Act, 1963 (36 of 1963).

1 · rely on, e.g., the 1 Indian Limitation Act, accord and satisfaction, release, fraud, etc.)

1 · See now the Limitation Act, 1963 (36 of 1963).

2 · See now the Indian Succession Act, 1925 (39 of 1925).

2 · If you admit the claim, you should pay the money into Court together with the costs of the suit, to avoid execution of the decree, which may be against your person or property, or both.

1 · in the………….................noon, to answer the claim; 1 [and further you are hereby directed to file on that day a written statement of your defence and to produce on the said day all documents in your possession or power upon which you base your defence or claim for set-off or counterclaim, and where you rely on any other document whether in your possession or power or not, as evidence in support of your defence or claim for set-off or counterclaim, you shall enter such documents in a list to be annexed to the written statement].

2 · If you admit the claim, you should pay the money into Court together with the costs of the suit, to avoid execution of the decree, which may be against your person or property, or both.

1 · Subs. by Act 104 of 1976, s. 94, for certain words (w.e.f- 1-2-1977).

2 · [No. 4A

1 · Subs. by Act 104 of 1976, s. 94, for Form No. 4 (w.e.f 1-2-1977).

2 · Subs. by s. 94, ibid. (w.e.f. 1-2-1977).

20 · ............ with an endorsement certifying the day on and the manner in which it has been executed , or the reason why it has not been executed.

2 · . Enter answers to interrogatories in paragraphs numbered consecutively.

1 · [No. 3

2 · And it is hereby further ordered and decreed that any amount received under clause (ii) or adjudged due under clause (iv) above, together with interest thereon, shall first be adjusted against any sums paid by the plaintiff under clause (iii) together with interest thereon, and the balance, if any, shall be added to the mortgage-money or, as the case may be, debited in reduction of the amount due to the plaintiff on

1 · Subs. by Act 21 of 1929, s. 8 and Sch., for the original forms 3 to 11.

3 · And it is hereby further ordered that the said Commissioner shall present the account to this Court with all convenient despatch after making all just allowances on or before the..............................................................day of........... and that upon such report of the Commissioner being received, it shall be confirmed and countersigned, subject to such modification as may be necessary after consideration of such objections as the parties to the suit may make.

5 · And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff shall be at liberty to apply to the Court for a final decree that the defendant shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the schedule annexed hereto and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said property; and that the parties shall be at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.

1 · [No. 3A

1 · Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11.

3 · And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff may apply to the Court for a final decree that the defendant shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said property; and that the parties shall be at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.

1 · [No. 4

2 · And it is hereby further declared that the whole of the liability whatsoever of the defendant up to this day arising from the said mortgage mentioned in the plaint or from this suit is hereby discharged and extinguished.

1 · [No. 5

1 · Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11.

2 · And it is hereby further ordered and decreed that any amount received under clause (ii) or adjudged due under clause (iv) above, together with interest thereon, shall first be adjusted against any sums paid by the plaintiff under clause (iii), together with interest thereon, and the balance, if any, shall be added to the mortgage-money or, as the case may be, be debited in reduction of the amount due to the plaintiff on account of interest on the principal sum adjudged due and thereafter in reduction or discharge of the principal.

3 · And it is hereby further ordered that the said Commissioner shall present the account to this Court with all convenient despatch after making all just allowances on or before the...............day of.........., and that upon such report of the Commissioner being received, it shall be confirmed and countersigned, subject to such modification as may be necessary after consideration of such objections as the parties to the suit may make.

4 · And it is hereby further ordered and decreed—

5 · And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff may apply to the Court for a final decree for the sale of the mortgaged property; and on such application being made the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the purposes of such sale the plaintiff shall produce before the Court, or such officer as it appoints, all documents in his possession or power relating to the mortgaged property.

6 · And it is hereby further ordered and decreed that the money realised by such sale shall be paid into Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to the plaintiff under this decree and under any further orders that may be passed in this suit and in payment of any amount which the Court may adjudge due to the plaintiff in respect of such costs of the suit, and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to the defendant or other persons entitled to receive the same.

7 · And it is hereby further ordered and decreed that, if the money realised by such sale shall not be sufficient or payment in full of the amount payable to the plaintiff as aforesaid, the plaintiff shall be at liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law for the time being in force) to apply for a personal decree against the defendant for the amount of the balance; and that the parties are at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.

1 · [No. 5A

2 · And it is hereby ordered and decreed as follows:—

3 · And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff may apply to the Court for a final decree for the sale of the mortgaged property; and on such application being made, the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the purposes of such sale the plaintiff shall produce before the Court or such officer as it appoints all documents in his possession or power relating to the mortgaged property.

4 · And it is hereby further ordered and decreed that the money realised by such sale shall be paid into Court and shall be duly applied (after deduction herefrom of the expenses of the sale) in payment of the amount payable to the plaintiff under this decree and under any further orders that may be passed in this suit and in payment of any amount which the Court may adjudge due to the plaintiff in respect of such costs of the suit, and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to the defendant or other persons entitled to receive the same.

5 · . And it is hereby further ordered and decreed that, if the money realised by such sale shall not be sufficient or payment in full of the amount payable to the plaintiff as aforesaid, the plaintiff shall be at liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law for the time being in force) to apply for a personal decree against the defendant for the amount of the balance; and that the parties are at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.

1 · Subs. by Act 21 of 1929, s. 8 and the Sch., for Form 3 to 11.

1 · [No. 6

2 · And it is hereby further ordered and decreed that the money realised by such sale shall be paid into the Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to the plaintiff under the aforesaid preliminary decree and under any further orders that may have been passed in this suit and in payment of any amount which the Court may have adjudged due to the plaintiff for such costs of the suit including the costs of this application and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to the defendant or other persons entitled to receive the same.]

1 · [No. 7

2 · It is hereby further ordered and decreed that any amount received under clause (ii) or adjudged due under clause (iv) above together with interest thereon, shall be adjusted against any sums paid by the defendant under clause (iii) together with interest thereon, and the balance, if any, shall be added to the mortgage-money or, as the case may be, be debited in reduction of the amount due to the defendant on

1 · Subs. by Act 21 of 1929, s. 9 and the Sch., for Forms 3 to 11.

3 · And it is hereby further ordered that the said Commissioner shall present the account to this Court t with all convenient despatch after making all just allowances on or before the..………………………day of…………………, and that upon such report of the Commissioner being received, it shall be confirmed and countersigned, subject to such modification as may be necessary after consideration of such objections as the parties to the suit may make.

4 · And it is hereby further ordered and decreed—

5 · And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant shall be at liberty to apply to the Court for a final decree that the plaintiff shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said property; and that the parties shall be at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.

1 · [No. 7A

1 · Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11.

2 · And it is hereby further ordered and decreed that any amount received under clause (ii) or adjudged due under clause (iv) above, together with interest thereon, shall first be adjusted against any sums paid by the defendant under clause (iii) together with interest thereon, and the balance, if any, shall be added to the mortgage-money, or, as the case may be, be debited in reduction of the amount due to the defendant on account of interest on the principal sum adjudged due and thereafter in reduction or discharge of the principal.

3 · And it is hereby further ordered that the said Commissioner shall present the account to this Court with all convenient despatch after making all just allowances on or before the …………… day of……………. , and that, upon such report of the Commissioner being received, it shall be confirmed and countersigned, subject to such modification as may be necessary after consideration of such objections as the parties to the suit may make.

4 · And it is hereby further ordered and decreed—

5 · And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant may apply to the Court for a final decree for the sale of the mortgaged property; and on such application being made, the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the purposes of such sale the defendant shall produce before the Court or such officer as it appoints, all documents in his possession of power relating to the mortgaged property.

6 · And it is hereby further ordered and decreed that the money realised by such sale shall be paid into Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to the defendant under this decree and under any further orders that may be passed in his suit and in payment of any amount which the Court may adjudge due to the defendant in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to the plaintiff or other persons entitled to receive the same.

7 · And it is hereby further ordered and decreed that, if the money realised by such sale shall not be sufficient for payment in full of the amount payable to the defendant as aforesaid, the defendant shall be at liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law for the time being in force) to apply for a personal decree against the plaintiff for the amount of the balance; and the parties are at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.

1 · [No. 7B

2 · And it is hereby ordered and decreed as follows:—

3 · And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant may apply to the Court for a final decree that the plaintiff shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said property; and that the parties shall be at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.

1 · [No. 7C

2 · And it is hereby ordered and decreed as follows:—

1 · Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11.

3 · And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant may apply to the Court for a final decree for the sale of the mortgaged property; and on such application being made, the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the purposes of such sale the defendant shall produce before the Court or such officer as it appoints all documents in his possession or power relating to the mortgaged property.

4 · And it is hereby further ordered and decreed that the money realised by such sale shall be paid into Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to the defendant under this decree and under any further orders that may be passed in this suit and in payment of any amount which the Court may adjudge due to the defendant in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to the plaintiff or other persons entitled to the same.

5 · And it is hereby further ordered and decreed that, if the money realised by such sale shall not be sufficient for the payment in full of the amount payable to the defendant as aforesaid, the defendant shall be at liberty (where such remedy is open to him under the terms of the mortgage and is not barred by any law for the time being in force) to apply for a personal decree against the plaintiff for the amount of the balance; and that the parties are at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.

1 · [No. 7D

2 · And it is hereby further declared that the whole of the liability whatsoever of the plaintiff up to this day arising from the said mortgage mentioned in the plaint or from this suit is hereby discharge and extinguished.

1 · Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11.

1 · [No. 7E

2 · And it is hereby further ordered and decreed that the money realised by such sale shall be paid into Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the amount payable to the defendant under the aforesaid preliminary decree and under any further orders that may have been passed in this suit and in payment of any amount which the Court may have adjudged due to the defendant for such costs of this suit including the costs of this application and such costs, charges and expenses as may be payable under rule l0, together with the subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to the plaintiff or other persons entitled to receive the same.]

1 · [No. 7F

2 · And it is hereby further ordered and decreed that upon the mortgagee executing the deed of reconveyance or acknowledgement in the manner aforesaid,—

1 · Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11.

1 · [No. 8

1 · [No. 9

1 · Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11.

4 · And it is hereby further ordered and decreed that, in default of payment as aforesaid of the amount due to the plaintiff, the plaintiff shall be at liberty to apply to the Court for a final decree—

5 · And it is hereby further ordered and decreed—

6 · And it is hereby further ordered and decreed * [in the case where a sale is ordered under clause 5 above] —

7 · And it is hereby further ordered and decreed that the parties are at liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.

1 · [No. 10

1 · Subs. by Act 21 of 1929, s. 8 and Schedule, for Forms 3 to 11.

2 · It is further declared that defendant No. 2 is entitled to payment of the amount due to him in priority to the plaintiff *[or ( if there are several subsequent mortgages) that the several parties hereto are entitled in the following order to the payment of the sums due to them respectively :—]

3 · And it is hereby ordered and decreed as follows:—

4 · And it is hereby further ordered and decreed that, in default of payment as aforesaid, of the amount due to defendant No. 2, defendant No. 2 shall be at liberty to apply to the Court that the suit be dismissed or a final decree—

5 · And it is hereby further ordered and decreed,—

6 · And it is hereby further ordered and decreed (in the case where a sale is ordered under clause 5 above) —

1 · [No. 11

2 · And it is hereby ordered and decreed as follows:—

1 · Subs. by Act 21 of 1929, s. 8 and Schedule, for Forms 3 to 11.

3 · And it is further ordered and decreed that if defendant No. 2 pays into Court to the credit of this suit the amount adjudged due to the plaintiff, the plaintiff shall bring into the Court all documents, etc., [as in sub-clause (ii) of clause 2].

4 · And it is hereby further ordered and decreed that, in default of payment by defendant Nos. 1 and 2 as aforesaid, the plaintiff may apply to the Court for a final decree for sale, and on such application being made the mortgaged property or a sufficient part thereof shall be directed to be sold; and that for the purposes of such sale the plaintiff and defendant No. 2 shall produce before the Court or such officer as it appoints, all documents in their possession or power relating to the mortgaged property.

5 · And it is hereby further ordered and decreed that the money realised by such sale shall be paid into Court and be duly applied (after deduction therefrom of the expenses of the sale) first in payment of the amount due to the plaintiff as specified in clause 1 above with such costs of the suit and other costs, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of order) XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be applied in payment of the amount due to defendant No. 2; and that, if any balance be left, it shall be paid to defendant No. 1 or other persons entitled to receive the same.

6 · And it is hereby further ordered and decreed that, if the money realised by such sale shall not be sufficient for payment in full of the amounts payable to the plaintiff and defendant No. 2, the plaintiff or defendant No. 2, or both of them, as the case may be, shall be at liberty (if such remedy is open under their respective mortgages and is not barred by any law for the time being in force) to apply for a personal decree against defendant No. 2 or defendant No. 1 (as the case may be) for the amount of the balance.

7 · And it is hereby further ordered and decreed that, if defendant No. 2 pays into Court to the credit of this suit the amount adjudged due to the plaintiff, but defendant No. 1 makes default in payment of the amount due to defendant No. 2, defendant No. 2 shall be at liberty to apply to the Court for a final decree for foreclosure or sale (as the case may be)—(declarations in the ordinary form to be introduced according to the nature of defendant No. 2's mortgage and the remedies open to him thereunder) .

8 · And it is hereby further ordered and decreed that the parties are at liberty to apply to the Court as they may have occasion, and on such application or otherwise the Court may give such directions as it thinks fit.

1 · If partial, strike out “no” and State to what extent.

1 · [(O. 21, r.16.)] (Title)

1 · Subs. by Act 10 of 1914, s. 2 and the First Sch., for “(O. 21, r. 22).

2 · Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977) .

1 · The words “in the name of the King-Emperor of India,” omitted by the A. O. 1950.

2 · The word “annas” omitted by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977).

1 · Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977) .

1 · Subs. by the A. O. 1937, for “Officer of Government”.

1 · [It is also ordered that you should attend Court on the…………………………………………….day of …………..20………, to take notice of the date fixed for settling the terms of the proclamation of sale.]

1 · Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977) .

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

6 · In the case of immovable property, the person declared to be the purchaser shall pay immediately after such declaration a deposit of 25 per cent. on the amount of his purchase-money to the officer conducting the sale, and in default of such deposit the property shall forthwith be put up again and re-sold.

7 · The full amount of the purchase-money shall be paid by the purchaser before the Court closes on the fifteenth day after the sale of the property, exclusive of such day, or if the fifteenth day be a Sunday or other holiday, then on the first office day after the fifteenth day.

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

1 · Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977) .

1 · The number of the Form, originally misprinted as 6, was corrected by Act 10 of 1914, s. 2 and the First Sch.

2 · The number of the Form, originally misprinted as 7, was corrected by Act 10 of 1914, s. 2 and the First Sch.

1 · Subs. by the A.O. 1950, for “KING IN COUNCIL”.

2 · Subs. by Act 49 of 1973, s. 4, for the former paragraph.

3 · Subs. by the A.O. 1950, for “His Majesty in Council”.

2 · [TAKE notice that…………………………………………………………………….has applied to this Court for a certificate—

1 · [No. 2A

1 · Ins. by Act 104 of 1976, s. 96 (w.e.f. 1-2-1977) .

1 · 2 3 4

1 · Subs. by the A. O. 1950, for “His Majesty’s Secretary of State for Foreign Affairs”.

1 · Subs. by Act 104 of 1976, s. 96, for Form 11 (w.e.f. 1-2-1977).

1 · [No.11

20 · ………

1 · [APPENDIX-I

8 · I say that I am aware that for any false statement or concealment, I shall be liable for action taken against me under the law for the time being in force.

1 · Ins. by Act 28 of 2018, s. 18 (w.e.f. 23-10-2015).

97 · Repeal and savings.—(1) Any amendment made, or any provision inserted in the principal Act by State Legislature or a High Court before the commencement of this Act shall except in so far as such amendment or provision is consistent with the provisions of the principal Act as amended by this Act, stand repealed.

Subordinates (10)

UTT Pat?t 31IHRU Tz , 13 31TTTT, 2009

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"favF 4RZ & :7a 31F T $ TR HII (fa7 €16 fanz) # Hqut 8 33Ha. 44ir +.2-22-Br T / 38 M 4 fIT1. f7ia 30-05-2001.

Type: rules · UID: 18b0f6e4bf37d3b1eb134b70a350fff0b513ef3c · PDF: yes · Text: yes · Rule index: yes

Appointmcnt of mt:diator Irom thc panel under Rule 4 by agrccnlt:nlof the panics .

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HIGHCOURT OF CHHATTISGARH : BLASPUR NOTIICATION No. 3746 IRules/2016 2o1b Bilaspur dated

Type: rules · UID: 54088756d0b4e9f5efef1aead215e3cca1c0d234 · PDF: yes · Text: yes · Rule index: yes

HIGH COURT OF CHHATTISGARH : BILASPUR

Type: 54088756d0b4e9f5efef1aead215e3cca1c0d234 · UID: 6167db90d76a336de87b50a7b523c7635a61585b · PDF: yes · Text: yes · Rule index: yes

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Type: rules · UID: 7ef4a0dbe12a79cd9137aa54c294af5715725b1a · PDF: yes · Text: yes · Rule index: yes

(rwinite Z-lelleiete tells

Type: unknown · UID: a15fe858f5ca12af84f5e9ec3469e81d3444e452 · PDF: yes · Text: yes · Rule index: yes

38rJT-2 (HrefaFF 7rTaTY)

Type: rules · UID: d0b155c9dd9354a4c13867f4d23a4cbeb61f930d · PDF: yes · Text: yes · Rule index: yes

4015 Plepate of 27/h

Type: unknown · UID: dcce84fe96669244abd5d67ab111c3346db2cd79 · PDF: yes · Text: yes · Rule index: yes