CIVIL

Forms for Civil Pleading

CODE OF CRIMINAL PROCEDURE (1)

APPENDICES TO THE FIRST SCHEDULE

FORMS

APPENDIX A

PLEADINGS

(1) TITLES OF SUITS

IN THE COURT OFA.B. (add description and residence)… … …

Plaintiff

against

C.D. (add descritption and residence)

Defendant

(2) DESCRIPTION OF PARTIES IN PARTICULAR CASES

[The Union of Inida or the State of , as the case may be.]

___________________

The Advocate General of

___________________

The Collector of

___________________

The State of

___________________

The A.B. Company, Limited having its registered office at

___________________

A.B., a public officer of the C.D. Company.

___________________

A.B. (add description and residence), on behalf of himself and all other creditors of C.D., late of (add description and residence).

___________________

A.B. (add description and residence), on behalf of himself and all other holders of debentures issued by the Company Limited

___________________

The Official Receiver

___________________

A.B., a minor (add description and residence), by C.D. [or by the Court of Wards], his next friend.

___________________

A.B. (add description and residence), a person of unsound mind [or of weak mind], by C.D. his next friend

___________________

A.B., a firm carrying on business in partnership at

___________________

A.B. (add description and residence), by his constituted attorney C.D. (add description and residence)

___________________

A.B. (add description and residence), shebait of Thakur

___________________

A.B. (add description and residence), executor of C.D., deceased.

___________________

A.B. (add description and residence), heir of C.D., deceased.

(3) PLAINTS

No. 1

Money Lent

(Title)

A.B., the above-named plaintiff, states as follows :1. On the . . . . . . . . . . . . . . . . . . day of 20 . . . . . . . . , . . . . . . . . . . . . . . . . . . he lent the defendant rupees repayable on the . . . . . . . . . . . . . . . . .day of . . . . . . . . . . . . . . . . . .2. The defendant has not paid the same, except . . . . . . . . . . . . . . . . . .rupees paid on the . . . . . . . . day of . . . . .. . . . . . . . . . . .20 . . . . . . . . .[If the plaintiff claims exemption from any law of limitation, say :]3. The plaintiff was a minor [or insane] from the . . . . . . . . . . . . . . . . . day of till . . . . . . . . . . the . . . . . . . . . . . . . .. . .day of . . . . . . . . . . . . . . . . . .4. [Facts showing when the cause of action arose and that the Court has jurisdiction.]5. The value of the subject-matter of the suit for the purpose of jurisdiction is . . . . . . . . . . . . . . . . . .rupees and for the prupose of court-fees is . . . . . . . . . . . . . . . . . .rupees.6. The plaintiff claims . . . . . . . . . . . . . . . . . .rupees, with interest at . . . . . . . . . . . . . . . . . .per cent. from the . . . . .. . . . . . . . . . . .day of . . . . . . . . . . . . . . . . . .20 . . . . . . . . .

No. 2

Money Overpaid

(Title)

A.B., the above named plaintiff, states as follows :—1. On the . . . . . . day of. . . . 20. . . the plaintiff agreed to buy and the defendant agreed to sell . . . . bars of silver at. . . . annas per tola of fine silver.2. The plaintiff procured the said bars to be assayed by E.F., who was paid by the defendant for such assay, and E.F. declared each of the bars to contain 1,500 tolas of fine silver, and the plaintiff accordingly paid the defendant. . . rupees.3. Each of the said bars contained only 1,200 tolas of fine silver, of which fact the plaintiff was ignorant when he made the payment.4. The defendant has not repaid the sum so overpaid.[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 3

Goods Sold at a Fixed Price and Delivered

(Title)

A. B., the above-named plaintiff states as follows :—1. On the . . . . . . day of. . . . . . . . . .20. . . . . ., E.F. sold and delivered to the defendant [one hundred barrels of flour, or the goods mentioned in the schedule hereto annexed, or sundry goods.]2. The defendant promised to pay . . . . . . rupees for the said goods on delivery [or or the . . . . . ……. day of ……. . . .. . , some day before the plaint was filed].3. He has not paid the same.4. E.F. died on the . . . . . . day of 20. . . . . By his last will he appointed his brother, the plaintiff his executor.[As in paras 4 and 5 of Form No. 1.]7. The plaintiff as executor of E.F. claims [Relief Claimed].

No. 4

Goods Sold at a Reasonable Price and Delivered

(Title)

A. B., the above-named plaintiff, states as follows:—1. On the . . . . . . day of. . . . . . . . 20. . . , plaintiff sold and delivered to the defendant [sundry articles of housefurniture], but no express agreement was made as to the price.2. The goods were reasonably worth . . . . rupees.3. The defendant has not paid the money.[As in paras 4 and 5 of Form No. 1, and relief claimed.]

No. 5

Goods Made at Dependent’s Request, and not Accepted

(Title)

A. B., the above-named plaintiff, states as follows:-1. On the . . . . . ……. day of ……. . . . . . 20. . . , E.F. agreed with the plaintiff that the plaintiff should make for him [six tables and fifty chairs] and that E.F. should pay for the goods on delivery . . . . . . . . . . . . . . . . . . rupees.2. The plaintiff made the goods, and on the . . . . . ……. day of ……. . . . . . 20. . . , offered to deliver them to E.F., and has ever since been ready and willing so to do.3. E.F. has not accepted the goods or paid for them.[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 6

Deficiency Upon a Re-sale [Goods Sold at Auction]

(Title)

A. B., the above-named plaintiff, states as follows:—1. On the . . . . . ……. day of ……. . . . . . 20. . . ., the plaintiff put up at auction sundry [goods], subject to the condition that all goods not paid for and removed by the purchaser within [ten days] after the sale should be re-sold by auction on his account, of which condition the defendant had notice.2. The defendant purchased [one crate of crockery] at the auction at the price of . . . . . . rupees.3. The plaintiff was ready and willing to deliver the goods to the defendant on the date of the sale and for [ten days] after.4. The defendant did not take away the goods purchased by him, nor pay for them within [ten days] after the sale, nor afterwards.5. On the . . . . . ……. day of ……. . . . . . 20. . . ., the plaintiff re-sold the [crate of crockery], on account of the defendant, by public auction, for . . . . rupees.6. The expenses attendant upon such re-sale amounted to . . . . . . rupees.7. The defendant has not paid the deficiency thus arising, amounting to rupees.[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 7

Services at a Reasonable Rate

(Title)

A. B., the above-named plaintiff, states as follows:—1. Between the . . . . . ……. day of ……. . . . . . 20. . . , and the . . . . . . day of 20. . . at . . . . . . , plaintiff [executed sundry drawings, designs and diagrams] for the defendant, at his request; but no express agreement was made as to the sum to be paid for such services.2. The services were reasonably worth . . . . . . rupees.3. The defendant has not paid the money.[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 8

Services and Materials at a Reasonable Cost

(Title)

A. B., the above-named plaintiff, states as follows:—1. On the . . . . . …. day of …. . . . . . 20 . . . , at . . . ., the plaintiff built a house [known as No. . . . ., in. . . .], and furnished the materials therefor, for the defendant, at his request, but no express agreement was made as to the amount to be paid for such work and materials.2. The work done and materials supplied were reasonably worth . . . . . . rupees.3. The defendant has not paid the money.[As in paras 4 and 5 of Form No. 1, and Relief claimed.].

No. 9

Use and Occupation

(Title)

A.B., the above-named plaintiff, executor of the will of X. Y., deceased, states as follows:-1. That the defendant occupied the [house No. . . .., street], by permission of the said X. Y., from the . . . . . . day of. . . 20 . . . , until the day of . . . . . . 20 . . . , and no agreement was made as to payment for the use of the said premises.2. That the use of the said premises for the said period was reasonably worth . . . rupees.3. The defendant has not paid the money.[As in paras 4 and 5 of Form No. 1.]4. The plaintiff as executor of X. Y., claims (Relief claimed].

No. 10

On an Award

(Title)

A. B., the above-named, plaintiff, states as follows:—1. On the . . . . . ……. day of ……. . . . . . 20 . . . , the plaintiff and defendant, having a difference between them concerning [a demand of the plaintiff for the price of ten barrels of oil which the defendant refused to pay]. agreed in writing to submit the difference to the arbitration of E.F. and G.H. and the original document is annexed hereto.2. On the . . . . . ……. day of ……. . . . . . 20. . . , the arbitrators awarded that the defendant should [pay the plaintiff . . . rupees].3. The defendant has not paid the money.[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]

No. 11

On a Foreign Judgment

(Title)

A. B., the above-named plaintiff, states as follows:—1. On the . . . . . ……. day of ……. . . . . . 20. . . , at . . . , in the State [or Kingdom] of the . . . . . . Court of that State [or Kingdom,] in a suit therein pending between the plaintiff and the defendant, duly adjudged that the defendant should pay to the plaintiff . . . . . . . . . .rupees, with interest from the said date.2. The defendant has not paid the money.[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 12

Against Surety for Payment of Rent

(Title)

A. B., the above-named plaintiff, states as follows:—1. On the . . . . . . day . . . . . . 20. . . , E.F. hired from the plaintiff for the term of . . . . . . years, the [house No. .. . . . . , . . . . . . street], at the annual rent of . . . . . . rupees, payable [monthly].2. The defendant agreed, in consideration of the letting of the premises to E.F. to guarantee the punctual payment of the rent.3. The rent for the month of . . . . . . 20. . . , amounting to . . . . . . rupees, has not been paid.[If, by the terms of the agreement, notice is required to be given to the surety, add:-]4. On the . . . . . ……. day of ……. . . . . . 20. . . , the plaintiff gave notice to the defendant of the non-payment of the rent, and demanded payment thereof.5. The defendant has not paid the same.[As in paras 4 and 5 of Form No. 1, and relief claimed.]

No. 13

Breach of Agreement to Purchase Land

(Title)

A. B., the above-named plaintiff, states as follows:—1. On the . . . . . ……. day of ……. . . . . . 20. . . , the plaintiff and defendant entered into an agreement, and the original document is hereto annexed.[Or, on the . . . . . ……. day of ……. . . . . . 20. . . , the plaintiff and defendant mutually agreed that the plaintiff should sell to the defendant and that the defendant should purchase from the plaintiff forty bighas of land in the village of. . . .for. . . rupees.]2. On the . . . . . . . . . . . . . . . . . .. . ……. day of ……. . . . . . . . . . . 20. . . , the plaintiff, being then the absolute owner of the property [land the same being free from all incumbrances, as was made to appear to the defendant], tendered to the defendant a sufficient instrument of transfer of the same [or, was ready and willing, and is still ready and willing, and offered, to transfer the same to the defendant by a sufficient instrument] on the payment by the defendant of the sun agreed upon.3. The defendant has not paid the money.[As in paras 4 and 5 of Form No. 1, and Relief claimed.].

No. 14

Not Delivering Goods Sold

(Title)

A. B., the above-named plaintiff, states as follows:—1. On the . . . . . ……. day of ……. . . . . . 20. . . , the plaintiff and defendant mutually agreed that the defendant should deliver [one hundred barrels of flour] to the plaintiff on the. . . ..day of. . . 20. . . , and that the plaintiff should pay therefor . . . . . . rupees on delivery.2. On the [said] day the plaintiff was ready and willing, and offered, to pay the defendant the said sum upon delivery of the goods.3. The defendant has not delivered the goods, and the plaintiff has been deprived of the profits which would have accrued to him from such delivery.[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 15

Wrongful Dismissal

(Title)

A. B., the above-named plaintiff, states as follows:-1. On the . . . . . ……. day of ……. . . . . . 20. . . , the plaintiff and defendant mutually agreed that the plaintiff should serve the defendant as [an accountant, or in the capacity of foreman, or as the case may be], and that the defendant should employ the plaintiff as such for the term of [one year] and pay him for his services . . . . . . rupees [monthly].2. On the . . . . . ……. day of ……. . . . . . 20. . . . , the plaintiff entered upon the service of the defendant and has ever since been, and still is, ready and willing to continue in such service during the remainder of the said year whereof the defendant always has had notice.3. On the . . . . . ……. day of ……. . . . . . 20. . . , the defendant wrongfully discharged the plaintiff, and refused to permit him to serve as aforesaid, or to pay him for his services.[As in paras. 4 and 5 of Form No. 1, and Relief claimed.]

No. 16

Breach of Contract to Serve

(Title)

A. B., the above-named plaintiff, states as follows:—1. On the . . . . . ……. day of ……. . . . . . 20. . . , the plaintiff and defendant mutually agreed that the plaintiff should employ the defendant at an [annual] salary of . . . rupees, and that the defendant should serve the plaintiff as [an artist] for the term of [one year].2. The plaintiff has always been ready and willing to perform his part of the agreement and on the day of . . . .. . 20. . . , offered so to do.3. The defendant (entered upon) the service of the plaintiff on the above-mentioned day, but afterwards, on the. . . .day of. . . 20. . . , he refused to serve the plaintiff as aforesaid.[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 17

Against a Builder for Defective Workmanship

(Title)

A. B., the above-named plaintiff, states as follows:—1. On the . . . . . ……. day of ……. . . . . . 20. . . , the plaintiff and defendant entered into an agreement, and the original document is hereto annexed. [or State the tenor of the contract.]2. The plaintiff duly performed all the conditions of the agreement on his part.]3. The defendant [built the house referred to in the agreement in a bad and unworkmanlike manner].[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 18

On a Bond for the Fidelity of a Clerk

(Title)

A. B., the above-named plaintiff, states as follows:—1. On the . . . . . ……. day of ……. . . . . . 20. . . , the plaintiff took E.F. into his employment as a clerk.2. In consideration thereof, on the . . . . . ……. day of ……. . . . . . 20. . . , the defendant agreed with the plaintiff that if E.F., should not faithfully perform his duties as a clerk to the plaintiff, or should fail to account to the plaintiff for all monies, evidences of debt or other property received by him for the use of the plaintiff, the defendant would pay to the plaintiff whatever loss he might sustain by reason thereof, not exceeding . . . . . . . . . . . . rupees.[Or, 2. In consideration thereof, the defendant by his bond of the same date bound himself to pay the plaintiff the penal sum of . . . . . . rupees, subject to the condition that if E.F. should faithfully perform his duties as clerk and cashier to the plaintiff and should justly account to the plaintiff for all monies, evidences of debt or other property which should be at any time held by him in trust for the plaintiff, the bond should be void.][Or, 2 In consideration thereof, on the same date the defendant executed a bond in favour of the plaintiff, and the original document is hereto annexed.]3. Between the . . . . . ……. day of ……. . . . . . 20. . . , and the . . . . . . day of 20. . . , E.F. received money and other property, amounting to the value of . . . . . . rupees, for the use of the plaintiff, for which sum he has not accounted to him, and the same still remains due and unpaid.[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 19

By Tenant against Landlord, with Special Damage

(Title)

A. B., the above-named plaintiff, states as follows:—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.2. All conditions were fulfilled and all things happened necessary to entitle the plaintiff to maintain this suit.3. On the . . . . . ……. day of ……. . . . . . 20. . . , during the said term, E.F., who was the lawful owner of the said house, lawfully evicted the plaintiff therefrom, and still withhold the possession thereof from him.4. The plaintiff was thereby [prevented from continuing the business of a tailor at the said place, was compelled to expend . . . . . . rupees in moving, and lost the custom of G.H. and I.J. by such removal].[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 20

On an Agreement of Indemnity

(Title)

A. B., the above-named plaintiff, states as follows:—1. On the . . . . . ……. day of ……. . . . . . 20. . . , the plaintiff and defendant, being partners in trade under the style of A.B, and C.D., dissolved the partnership, and mutually agreed that the defendant should take and keep all the partnership property, pay all debts of the firm and indemnify the plaintiff against all claims that might be made upon him on account of any indebtedness of the firm.2. The plaintiff duly performed all the conditions of the agreement on his part.3. On the . . . . . ……. day of ……. . . . . . 20. . . , [a judgment was recovered against the plaintiff and defendant by E.F., in the High Court of Judicature at . . . . . . , upon a debt due from the firm to E.F. and on the day of 20. . . ,] the plaintiff paid . . . . . . rupees [in satisfaction of the same].4. The defendant has not paid the same to the plaintiff.[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 21

Procuring Property by Fraud

(Title)

A. B., the above-named plaintiff, states as follows:—1. On the . . . . . . day . . . . . . 20. . . , the defendant, for the purpose of inducing the plaintiff to sell him certain goods, represented to the plaintiff that [he, the defendant, was solvent, and worth . . . . . . . . . . . rupees over all his liabilities].2. The plaintiff was thereby induced to sell [and deliver] to the defendant, [dry goods] of the value of . . . . . . . . . . . rupees.3. The said representations were false [or state the particular falsehoods] and were then known by the defendant to be so.4. The defendant has not paid for the goods. [Or, if the goods were not delivered.] The plaintiff, in preparing and shipping the goods and procuring their restoration, expended. . . . . rupees.[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 22

Fraudulently Procuring Credit to be given to another Person

(Title)

A. B., the above-named plaintiff, states as follows:—1. On the . . . . . ……. day of ……. . . . . . 20. . . , the defendant represented to the plaintiff that E.F., was solvent and in good credit, and worth . . . . . . rupees over all his liabilities [or that E.F. then held a responsible situation and was in good circumstances, and might safely be trusted with goods on credit].2. The plaintiff was thereby induced to sell to E.F. (rice) of the value of . . . . . . rupees [on months credit].3. The said representations were false and were then known by the defendant to be so, and were made by him with intent to deceive and defraud the plaintiff [or to deceive and injure the plaintiff].4. E.F. [did not pay for the said goods at the expiration of the credit aforesaid, [or] has not paid for the said rice, and the plaintiff has wholly lost the same.[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 23

Polluting the Water under the Plaintiff’s Land

(Title)

A. B., the above-named plaintiff, states as follows:—1. The plaintiff is, and at all the time hereinafter mentioned was, possessed of certain land called . . . . . . . . . . . and situate in . . . . . . and of a well therein, and of water in the well, and was entitled to the use and benefit of the well and of the water therein, and to have certain springs and streams of water which flowed and ran into the well to supply the same to flow or run without being fouled or polluted.2. On the . . . . . ……. day of ……. . . . . . 20. . . , the defendant wrongfully fouled and polluted and well and the water therein and the springs and streams of water which flowed into the well.3. In consequence the water in the well became impure and unfit for domestic and other necessary purposes, and the plaintiff and his family are deprived of the use and benefit of the well and water.[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 24

Carrying on a Noxious Manufacture

(Title)

A. B., the above-named plaintiff, states as follows:—1. The plaintiff is, and at all the times hereinafter mentioned was, possessed of certain lands called . . . ., situate in . . . . . . . . . . . .2. Ever since the . . . . . …. day of …. . . . . . 20. . . , the defendant has wrongfully caused to issue from certain smelting works carried on by the defendant large quantities of offensive and unwholesome smoke and other vapours and noxious matter, which spread themselves over and upon the said lands, and corrupted the air, and settled on the surface of the lands.3. Thereby the trees, hedges, herbage and crops of the plaintiff growing on the lands were damaged and deteriorated in value, and the cattle and live-stock of the plaintiff on the lands became unhealthy, and many of them were poisoned and died.4. The plaintiff was unable to graze the lands with cattle and sheep as he otherwise might have done, and was obliged to remove his cattle, sheep and farming-stock therefrom, and has been prevented from having so beneficial and healthy a use and occupation of the lands as he otherwise would have had.[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 25

Obstructing a Right of Way

(Title)

A. B., the above-named plaintiff, states as follows:—1. The plaintiff is, and at the time hereinafter mentioned was, possessed of [a house in the village of . . . . . . ].2. He was entitled to a right of way from the [house] over a certain field to a public highway and back again from the highway over the field to the house, for himself and his servants [with vehicles, or or foot] at all times of the year.3. On the . . . . . …. day of …. . . . . . 20. . . , defendant wrongfully obstructed the said way, so that the plaintiff could not pass [with vehicles, or or food, or in any manner] along the way [and has ever since wrongfully obstructed the same].4. (State special damage, if any.)[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 26

Obstructing a Highway

(Title)

1. The defendant wrongfully dug a trench and heaped up earth and stones in the public highway leading from. . . . . . to . . . . . . so as to obstruct it.2. Thereby the plaintiff, while lawfully passing along the said highway, fell over the said earth and stones, [or into the said trench] and broke his arm, and suffered great pain, and was prevented from attending to his business for a long time, and incurred expense for medical attendance.[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 27

Diverting a Water-course

(Title)

A. B., the above-named plaintiff, states as follows:—1. The plaintiff is, and at the time hereinafter mentioned was, possessed of a mill situated on a [stream] known as the . . . . . . , in the village of . . . . . . , district of . . . . . . . .2. By reason of such possession the plaintiff was entitled to the flow of the stream for working the mill.3. On the . . . . . …. day of …. . . . . . 20. . . , the defendant, by cutting the bank of the stream, wrongfully divered the water thereof, so that less water ran into the plaintiff’s mill.4. By reason thereof the plaintiff has been unable to grind more than sacks per day, whereas, before the said diversion of water, he was able to grind . . . . . . sacks per day.[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 28

Obstructing a Right to Use Water for Irrigation

(Title)

A. B., the above-named plaintiff, states as follows:—1. Plaintiff is, and was at the time hereinafter mentioned, possessed of certain lands situate, etc., and entitled to take and use a portion of the water of a certain stream for irrigating the said lands.2. On the . . . . . …. day of …. . . . . . 20. . . , the defendant prevented the plaintiff from taking and using the said portion of the said water as aforesaid, by wrongfully obstructing and diverting the said stream.[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 29

Injuries Caused by Negligence on a Railroad

(Title)

A. B., the above-named plaintiff, states as follows :—1. On the . . . . . . day . . . . . . 20. . . , the defendants were common carriers of passengers by railway between . . . . . . and . . . . . .2. On that day the plaintiff was a passenger in one of the carriages of the defendants on the said railway.3. While he was such passenger, at . . . . . . [or near the station of. . . . . . or . . . .. between the stations of. . …and. . . .], a collision occurred on the said railway caused by the negligence and unskilfulness of the defendants’ servants, whereby the plaintiff was much injured [having his leg broken, his head cut, etc., and state the special damage, if any, as], and incurred expense for medical attendance and is permanently disabled from carrying on his former business as [a salesman].[As in paras 4 and 5 of Form No. 1, and Relief claimed.][Or thus:- 2. On that day the defendants by their servants so negligently and unskillfully drove and managed an engine and a train of carriages attached thereto upon and along the defendant’s railway which the plaintiff was then lawfully crossing, that the said engine and train were driven and struck against the plaintiff, whereby, etc., as in para 3.]

No. 30

Injuries Caused by Negligent Driving

(Title)

A. B., the above-named plaintiff, states as follows:—1. The plaintiff is a shoemaker, carrying on business at . . . . . . . . The defendant is a merchant of. . . . . . . . . . . .. . .. . .2. On the . . . . . …. day of …. . . . . . 20. . . , the plaintiff was walking southward along Chowringhee, in the City of Calcutta, at about 3 o’clock in the afternoon. He was obliged to cross Middleton Street, which is a street running into Chowringhee at right angles. While he was crossing this street, and just before he could reach the foot pavement on the further side thereof, a carriage of the defendant’s, drawn by two horses under the charge and control of the defendant’s servants, was negligently, suddenly and without any warning turned at a rapid and dangerous pace out of Middleton Street into Chowringhee. The pole of the carriage struck the plaintiff and knocked him down, and he was much trampled by the horses.3. By the blow and fall and trampling the plaintiff’s left arm was broken and he was bruised and injured on the side and back, as well as internally, and in consequence thereof the plaintiff was for four months ill and in suffering and unable to attend to his business, and incurred heavy medical and other expenses, and sustained great loss of business and profits.[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 31

For Malicious Prosecution

(Title)

A. B., the above-named plaintiff, states as follows:—1. On the . . . . . . . . .day of . . . . . . . . .20. . . , the defendant obtained a warrant of arrest from . . . . . . . . . . . [a magistrate of the said city, or as the case may be] on a charge of . . . . . . , and the plaintiff was arrested thereon, and imprisoned for . . . . . . [days, or hours, and gave bail in the sum of . . . . . . rupees to obtain his release].2. In so doing the defendant acted maliciously and without reasonable or probable cause.3. On the . . . . . …. day of …. . . . . . 20. . . ., the Magistrate dismissed the complaint of the defendant and acquitted the plaintiff.4. Many persons, whose names are unknown to the plaintiff, hearing of the arrest, and supposing the plaintiff to be a criminal, have ceased to do business with him; or in consequence of the said arrest, the plaintiff lost his situation as clerk to one E.F., or in consequence the plaintiff suffered plain of body and mind, and was prevented from transacting his business, and was injured in his credit, and incurred expense in obtaining his release from the said imprisonment and in defending himself against the said complaint.[As in paras 4 and 5 of Form No. 1, and Relief claimed.]

No. 32

Movables Wrongfully Detained

(Title)

A. B., the above-named plaintiff, states as follows:—1. On the . . . . . …. day of …. . . . . . 20 . . . , plaintiff owned [or state facts showing a right to the possession] the goods mentioned in the schedule hereto annexed [or describe the goods.] the estimated value of which is . . .. . . rupees.2. From that day until the commencement of this suit the defendant has detained the same from the plaintiff.3. Before the commencement of the suit, to wit, on the . . . . . …. day of …. . . . . . 20. . . , the plaintiff demanded the same from the defendant, but he refused to deliver them.[As in paras 4 and 5 of Form No. 1]6. The plaintiff claims—(1) delivery of the said goods, or . . . . . . rupees, in case delivery cannot be had;(2) . . . . . . rupees compensation for the detention thereof.The Schedule

No. 33

Against a Fraudulent Purchaser and his Transferee with Notice

(Title)

A. B., the above-named plaintiff, states as follows:—1. On the . . . . . …. day of …. . . . . . 20. . . , the defendant C.D., for the purpose of including the plaintiff to sell him certain goods, represented to the plaintiff that [he was solvent, and worth . . . . . . rupees over all his liabilities].2. The plaintiff was thereby induced to sell and deliver to C.D. [one hundred boxes of tea], the estimated value of which is . . . . . . rupees.3. The said representations were false, and were then known by C.D. to be so [or at the time of making the said representations, C. D. was insolvent, and knew himself to be so].4. C. D. afterwards transferred the said goods to the defendant E.F. without consideration [or who had notice of the falsity of the representation].[As in paras 4 and 5 of Form No.1]7. The plaintiff claims—(1) delivery of the said goods, or . . . . . . rupees, in case delivery cannot be had;(2) . . . . . . rupees compensation for the detention thereof.

No. 34

Rescission of a Contract on the Ground of Mistake

(Title)

A.B., the above-named plaintiff, states as follows:—1. On the . . . . . …. day of …. . . . . . 20. . . , the defendant represented to the plaintiff that a certain piece of ground belonging to the defendant, situated at . . . . . ., contained [ten bighas].2. The plaintiff was thereby induced to purchase the same at the price of . . . . . . rupees in the belief that the said representation was true, and signed an agreement, of which the original is hereto annexed. But the land has not been transferred to him.3. On the . . . . . …. day of …. . . . . . 20. . . , the plaintiff paid the defendant rupees as part of the purchasemoney.4. That the said piece of ground contained in fact only [five bighas].[As in paras 4 and 5 of Form No. 1]7. The plaintiff claims—(1) . . . . . . rupees, with interest from the . . . . . . . . …. day of …. . . . . . 20. . . ;(2) that the said agreement be delivered up and cancelled.

No. 35

An Injunction Restraining Waste

(Title)

A.B., the above-named plaintiff, states as follows:—1. The plaintiff is the absolute owner of [describe the property].2. The defendant is in possession of the same under a lease from the plaintiff.3. The defendant has [cut down a number of valuable trees, and threatens to cut down many more for the purpose of sale] without the consent of the plaintiff.[As in paras 4 and 5 of Form No. 1]6. The plaintiff claims that the defendant be restrained by injunction from committing or permitting any further waste on the said premises.[Pecuniary compensation may also be claimed.]

No. 36

Injunction Restraining Nuisance

(Title)

A.B., the above-named plaintiff, states as follows:—1. Plaintiff is, and at all the times hereinafter mentioned was, the absolute owner of [the house No. . . . . . . . . ., Street, Calcutta].2. The defendant is, and at all the said times was, the absolute owner of . . . . . . . . . [a plot of ground in the same street . . . . . . ].3. On the . . . . . …. day of …. . . . . . 20. . . , the defendant erected upon his said plot a slaughter-house, and still maintains the same; and from that day until the present time has continually caused cattle to be brought and killed there [and has caused the blood and offal to be thrown into the street opposite the said house of the plaintiff].[4. In consequence the plaintiff has been compelled to abandon the said house, and has been unable to rent the same.][As in paras 4 and 5 of Form No. 1]7. The plaintiff claims that the defendant be restrained by injunction from committing or permitting any further nuisance.

No. 37

Public Nuisance

(Title)

A.B., the above-named plaintiff, states as follows:—1. The defendant has wrongly heaped up earth and stones on a public road known as . . . . . . Street at . . . . .. . . . . .so as to obstruct the passage of the public along the same and threatens and intends, unless restrained from so doing, to continue and repeat the said wrongful act.[2. The plaintiff has obtained the leave of the Court for the institution of this suit.][As in paras 4 and 5 of Form No. 1]5. The plaintiff claims—(1) a declaration that the defendant is not entitled to obstruct the passage of the public along the said public road;(2) an injunction restraining the defendant from obstructing the passage of the public along the said public road and directing the defendant to remove the earth and stones wrongfully heaped up as aforesaid.Not applicable where suit is instituted by the Advocate-General.]

No. 38

Injunction against the Diversion of a Water-course

(Title)

A.B., the above-named plaintiff, states as follows:—[As in Form No. 27.]The plaintiff claims that the defendant be restrained by injunction from diverting the water as aforesaid.

No. 39

Restoration of Movable Property Threatened with Destruction and for an Injuction

(Title)

A.B., the above-named plaintiff, states as follows:—1. Plaintiff is, and at all times hereinafter mentioned was, the owner of [a portrait of his grandfaterher which was executed by an eminent painter], and of which no duplicate exists [or state any facts showing that the property is of a kind that cannot be replaced by money].2. On the . . . . . …. day of …. . . . . . 20. . . , he deposited the same for safe-keeping with the defendant.3. On the . . . . . …. day of …. . . . . . 20. . . , he demanded the same from the defendant and offered to pay all reasonable charges for the storage of the same.4. The defendant refuses to deliver the same to the plaintiff and threatens to conceal, dispose of, cut or injure the same if required to deliver it up.5. No pecuniary compensation would be an adequate compensation to the plaintiff for the loss of the [painting];[As in paras 4 and 5 of Form No. 1].8. The plaintiff claims—(1) that the defendant be restrained by injunction from disposing of, injuring or concealing the said [painting];(2) That he be compelled to deliver the same to the plaintiff.

No. 40

Interpleader

(Title)

A.B., the above-named plaintiff, states as follows:—1. Before the date of the claims hereinafter mentioned G.H. deposited with the plaintiff [describe the property] for [safe-keeping].2. The defendant C.D. claims the same [under an alleged assignment thereof to him from G.H.].3. The defendant E.F. also claims the same [under an order of G.H. transferring the same to him.]4. The plaintiff is ignorant of the respective rights of the defendants.5. He has no claim upon the said property other than for charges and costs, and is ready and willing to deliver it to such persons as the Court shall direct.6. The suit is not brought by collusion with either of the defendants.[As in paras 4 and 5 of Form No. 1]9. The plaintiff claims—(1) that the defendants be restrained, by injunction, from taking any proceedings against the plaintiff in relation thereto;(20 that they be required to interplead together concerning their claims to the said property;[(3) that some person be authorised to receive the said property pending such litigation;](4) that upon delivering the same to such [person] the plaintiff be discharged from all liability to either of the defendants in relation thereto.

No. 41

Administration by Creditor on Behalf of Himself and all Other Creditors

(Title)

A.B., the above-named plaintiff, states as follows:—1. E.F., late of . . . . . . , was at the time of his death, and his estate still is, indebted to the plaintiff in the sum of. . . . [here insert nature of debt and security, if any].2. E.F., died on or about the day of. . . . . . . . By his last will, dated the . . . . . …. day of …. . . . . . he appointed C.D. his executor [or devised his estate in trust, etc., or died intenstate, as the case may be.]3. The will was proved by C.D. [or] letters of administration were granted, etc.].4. The defendant has possessed himself of the movable [and immovable, or the proceeds of the immovable property of E.F., and has not paid the plaintiff his debt.[As in paras 4 and 5 of Form No. 1]7. The plaintiff claims that an account may be taken of the movable [and immovable] property of E.F., deceased, and that the same may be administered under the decree of the Court.

No. 42

Administration by Specific Legatee

(Title)

[Alter Form No. 41 thus][Omit paragraph 1 and commence paragraph 2] E.F., late of . . . . . . , died on or about the . . . . . …. day of …. . . .. . . By his last will, dated the . . . . . …. day of …. . . . . . he appointed C.D., his executor, and bequeathed to the plaintiff [here state the specific legacy]. For paragraph 4 substitute—The defendant is in possession of the movable property of E.F., and, amongst other things, of the said [here name the subject of the specific bequest].For the Commencement of paragraph 7 substitute—The plaintiff claims that the defendant may be ordered to deliver to him the said [here name the subject of the specific bequest]. or that, etc.

No. 43

Administration by Pecuniary Legatee

(Title)

[Alter Form No. 41 thus][Omit paragraph 1 and substitute for paragraph 2] E.F., late of . . . . . . , died on or about the . . . . . …. day of …. .. . . . .By his last will, dated the . . . . . …. day of …. . . . . . he appointed C.D. his executor, and bequeathed to the plaintiff a legacy of . . . . . . rupees.In paragraph 4 substitute “legacy” for “debt”

Another form.

(Title)

E.F., the above-named plaintiff, states as follows:—1. A.B. of K. in the . . . . . . died on the . . . . . …. day of …. . . . . . . . By his last will, dated the . . . . . …. day of …. . . . . ., he appointed the defendant and M. N. [who died in the testator’s lifetime] his executors, and bequeathed his property, whether movable or immovable, to his executors in trust, to pay the rents and income thereof to the plaintiff for his life; and after his decease, and in default of his having a son who should attain twenty-one, or a daughter who should attain that age or marry, upon trust as to his immovable property for the person who would be the testator’s heir-at-law, and as to his movable property for the persons who would be the testator’s next-of-kin if he had died intestate at the time of the death of the plaintiff and such failure of his issue as aforesaid.2. The will was proved by the defendant on the. . . . . . day of. . . . The plaintiff has not been married.3. The testator was at his death entitled to movable and immovable property; the defendant entered into the receipt of the rents of the immovable property and got in the movable property; he has sold some part of the immovable property.[As in paras 4 and 5 of Form No. 1.]6. The plaintiff claims—(1) to have the movable and immovable property of A.B. administered in this Court, and for that purpose to have all proper directions given and accounts taken;(2) such further or other relief as the nature of the case may require.

No. 44

Execution of Trusts

(Title)

A.B., the above-named plaintiff, states as follows:—1. He is one of the trustees under an instrument of settlement bearing date on or about the . . . . . …. day of …. . .. . . made upon the marriage of E.F. and G.H., the father and mother of the defendant [or an instrument of transfer of the estate and effects of E.F. for the benefit C.D., the defendant, and the other creditors of E.F.].2. A.B. has taken upon himself the burden of the said trust, and is in possession of [or of the proceeds of] the movable and immovable property transferred by the said instrument.3. C.D. claims to be entitled to a beneficial interest under the instrument.[As in paras 4 and 5 of Form. No. 1.]6. The plaintiff is desirous to account for all the rents and profits of the said immovable property [and the proceeds of the sale of the said, or of part of the said, immovable property, or movable, or the proceeds of the sale of, or of part of, the said movable property, or the profits accruing to the plaintiff as such trustee in the execution of the said trust]; and he prays that the Court will take the accounts of the said trust, and also that the whole of the said trust estate may be administered in the Court for the benefit of C.D., the defendant, and all other persons who may be interested in such administration, in the presence of C.D. and such other persons so interested as the Court may direct, or that C.D. may show good cause to the contrary.[N.B.—Where the suit is by a beneficiary, the plaint may be modelled mutatis mutandis on the plaint by a legatee.]

No. 45

Foreclosure or Sale

(Title)

A.B., the above-named plaintiff, states as follows:—1. The plaintiff is mortgagee of lands belonging to the defendant.2. The following are the particular of the mortgage:—(a) (date);(b) (names of mortgagor and mortgagee);(c) (sum secured);(d) (rate of interest);(e) (property subject to mortgage);(f) (amount now due);(g) (if the plaintiff’s title is derivative, state shortly the transfers or devolution under which he claims).(If the plaintiff is mortgagee in possession add).3. The plaintiff took possession of the mortgaged property on the . . . . . …. day of …. . . . . . and is ready to account as mortgagee in possession from that time.[As in paras 4 and 5 of Form No. 1.]6. The plaintiff claims—(1) payment, or in default [sale or] foreclosure [and possession];[Where Order 34, rule 6, applies.](2) in case the proceeds of the sale are found to be insufficient to pay the amount due to the plaintiff then that liberty be reserved to the plaintiff to apply for [an order for the balance].

No. 46

Redemption

(Title)

A.B., the above-named plaintiff, states as follows:—1. The plaintiff is mortgagor of lands of which the defendant is mortgagee.2. The following are the particulars of the mortgage:-(a) (date);(b) (names of mortgagor and mortgagee);(c) (sum secured);(d) (rate of interest);(e) (property subject to mortgage);(f) (If the plaintiff’s title is derivative, state shortly the transfers or devolution under which he claims).(If the defendant is mortgagee in possession, add)3. The defendant has taken possession [or has received the rents] of the mortgaged property.[As in paras 4 and 5 of Form No. 1.]6. The plaintiff claims to redeem the said property and to have the same reconveyed to him [and to have possession thereof]. [together with mesne profits] .

No. 47

Specific Performance (No. 1)

(Title)

A.B., the above-named plaintiff, states as follows:—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 referred 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.[As in paras 4 and 5 of Form No. 1.]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.

No. 48

Specific Performance (No. 2)

(Title)

A.B., the above-named plaintiff, states as follows:—1. On the . . . . . …. day of …. . . . . . 20. . . , the plaintiff and defendant entered into an agreement, in writing, and the original document is hereto annexed.The defendant was absolutely entitled to the immovable property described in the agreement.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.[As in paras 4 and 5 of Form No. 1]8. The plaintiff claims—(1) that the defendant transfers the said property to the plaintiff by a sufficient instrument [following the terms of the agreement];(2) . . . . . . rupees compensation for withholding the same.

No. 49

Partnership

(Title)

A.B., the above-named plaintiff, states as follows:—1. He and C.D., the defendant, have been for . . . . . . years [or months] past carrying on business together under articles of partnership in writing [or under a deed, or under a verbal agreement].2. Several disputes and differences have arisen between the plaintiff and defendant as such partners whereby it has become impossible to carry on the business in partnership with advantage to the partners, [Or the defendant has committed the following breaches of the partnership articles:—(1)(2)(3) . . . . . . . . ][As in paras 4 and 5 of Form No. 1.]5. The plaintiff claims—(1) dissolution of the partnership;(2) that accounts be taken;(3) that a receiver be appointed.(N.B.—In suits for the winding-up of any partnership, omits the claim for dissolution; and instead insert a paragraph stating the facts of the partnership having been dissolved.)

(4) WRITTEN STATEMENTS

General defences

Denial.The defendant denies that (set out facts).The defendant does not admit that (set out facts).The defendant admits that . . . . . . but says thatProtest.The defendant denies that he made the contract alleged or any contract with the plaintiff.The defendant denies that he contracted with the plaintiff as alleged or at all.The defendant admits assets but not the plaintiff’s claim.The defendant denies that the plaintiff sold to him the goods mentioned in the plaint or any of them.Limitation.The suit is barred by article . . . . . . or article . . . . . . . . . .of the second schedule to the [Indian Limitation Act, 1877 (15 of 1877)].Jurisdiction.The Court has no jurisdiction to hear the suit on the ground that (set forth the grounds.)On the . . . . . …. day of …. . . . . . a diamond ring was delivered by the defendant to and accepted by the plaintiff in discharge of the alleged cause of action.Insolvency.The defendant has been adjudged an insolvent.The plaintiff before the institution of the suit was adjudged an insolvent and the right to sue vested in the receiver.Minority.The defendant was a minor at the time of making the alleged contract.Payment into Court.The defendant as to the whole claim (or as to Rs. . . . . . . . part of the money claimed)(or as the case may be) has paid into Court Rs. . . . . . . . and says that this sum is enough to satisfy the plaintiff’s claim (or the part aforesaid).Performance remitted.The performance of the promise alleged was remitted on the (date).Rescission.The contract was rescinded by agreement between the plaintiff and defendant.Res judicata.The plaintiff’s claim is barred by the decree in suit (give the reference).Estoppel.The plaintiff is estopped from denying the truth of (insert statement as to which estoppel is claimed) because (here state the facts relied on as creating the estoppel.)Ground of defence subsequent to institution of suit.Since the institution of the suit, that is to say, on the. . … day of. . . . . . (set out facts.)

No. 1

Defence in Suits for Goods Sold and Delivered

1. The defendant did not order the goods.2. The goods were not delivered to the defendant.3. The price was not Rs.

[or]

4. 1.
5.           Except as to Rs…….,same as…….. 2.
6. 3.

7. The defendant [or A.B., the defendant’s agent] satisfied the claim by payment before suit to the plaintiff [or to C.D., the plaintiff’s agent] on the . . . . . …. day of …. . . . . . 20. . .8. The defendant satisfied the claim by payment after suit to the plaintiff on the . . . . . . day of 20. . . .

No. 2

Defence In Suits On Bonds

1. The bond is not the defendant’s bond.2. The defendant made payment to the plaintiff on the day according to the condition of the bond.3. The defendant made payment to the plaintiff after the day named and before suit of the principal and interest mentioned in the bond.

No. 3

Defence In Suits On Guarantees

1. The principal satisfied the claim by payment before suit.2. The defendant was released by the plaintiff giving time to the principal debtor in pursuance of a binding agreement.

No. 4

Defence In Any Suit For Debt

1. As to Rs. 200 of the money claimed, the defendant is entitled to set off for goods sold and delivered by the defendant to the plaintiff.Particulars are as follows:- Rs.

Rs.      
1907 January 25th 150
“   February 1st 50
    Total 200

2. As to the whole [or as to Rs. . . ., part of the money claimed] the defendant made tender before suit of Rs.. . . . and has paid the same into Court.

No. 5

Defence In Suits For Injuries Caused By Negligent Driving

1. The defendant denies that the carriage mentioned in the plaint was the defendant’s carriage, and that it was under the charge or control of the defendant’s servants. The carriage belonged to. . . . of . . . . . . . . . ..Street, Calcutta, livery stable keepers employed by the defendant to supply him with carriages and horses; and the person under whose charge and control the said carriage was, was the servant of the said.2. The defendant does not admit that the said carriage was turned out of Middleton Street either negligently, suddenly or without warning, or at a rapid or dangerous pace.3. The defendant says the plaintiff might and could, by the exercise of reasonable care and diligence, have seen the said carriage approaching him, and avoided any collision with it.4. The defendant does not admit the statements contained in the third paragraph of the plaint.

No. 6

Defence In All Suits For Wrongs

1. Denial of the several acts [or matters] complained of.

No. 7

Defence In Suits For Detention Of Goods

1. The goods were not the property of the plaintiff.2. The goods were detained for a lien to which the defendant was entitled.Particulars are as follows:-1907, May 3rd, To carriage of the goods claimed from Delhi to Calcutta:-45 maunds at Rs. 2 per maund. . . .Rs. 90.

No. 8

Defence In Suits For Infringement Of Copyright

1. The plainiff is not the author [assignee, etc.]2. The book was not registered.3. The defendant did not infringe.

No. 9

Defence In Suits For Infringement Of Trade Mark

1. The trade mark is not the plaintiff’s2. The alleged trade mark is not a trade mark.3. The defendant did not infringe.

No. 10

Defence In Suits Relating To Nuisances

1. The plaintiff’s lights are not ancient [or deny his other alleged prescriptive rights.]2. The plaintiff’s lights will not be materially interfered with by the defendant’s buildings.3. The defendant denies that he or his servants pollute the water [or do what is complained of].[If the defendant claims the right by prescription or otherwise to do what is complained of, he must say so, and must state the grounds of the claim, i.e., whether by prescription, grant or what.]4. The plaintiff has been guilty of laches of which the following are particulars:—1870. Plaintiff’s mill began to work.1871. Plaintiff came into possession.1883. First complaint.5. As to the plaintiff’s claim for damages the defendant will rely on the above grounds of the defence, and says that the acts complained of have not produced any damage to the plaintiff [If other grounds are relied on, they must be stated, e.g., limitation as to past damage.]

No. 11

Defence To Suit For Foreclosure

1. The defendant did not execute the mortagage.2. The mortgage was not transferred to the plaintiff (if more than one transfer is alleged, say which is denied).3. The suit is barred by article . . . . . . of the second scheduled to the [Indian Limitation Act, 1877 (15 of 1877).]4. The following payments have been made, viz.:—

        Rs.
(Insert date) 1,000
(Insert date) 500

5. The plaintiff took possession on the . . . . of. . . .., and has received the rents ever since.6. The plaintiff released the debt on the. . . of. . .7. The defendant transferred all his interest to A.B. by a document dated.

No. 12

Defence To Suit For Redemption

1. The plaintiff’s right to redeem is barred by article . . . of the second schedule to the [Indian Limitation Act, 1877 (15 of 1877).]2. The plaintiff transferred all interest in the property to A.B.3. The defendant, by a document dated the . . …. day of …. . . . transferred all his interest in the mortgage-debt and property comprised in the mortgage to A.B.4. The defendant never too possession of the mortgaged property, or received the rents thereof.(If the defendant admits possession for a time only, he should state the time and deny possession beyond what he admits.)

No. 13

Defence To Suit For Specific Performance

1. The defendant did not enter into the agreement.2. A. B. was not the agent of the defendant (if alleged by plaintiff).3. The plaintiff has not performed the following conditions—(Conditions).4. The defendant did not—(alleged acts of part performance).5. The plaintiff’s title to the property agreed to be sold is not such as the defendant is bound to accept by reason of the following matter—(State why).6. The agreement is uncertain in the following respects—(State them).7. (or) The plaintiff has been guilty of delay.8. (or) The plaintiff has been guilty of fraud (or misrepresentation).9. (or) The agreement is unfair.10. (or) The agreement was entered into by mistake.11. The following are particulars of (7), (8), (9), (10) (or as the case may be).12. The agreement was rescinded under Conditions of Sale, No. 11 (or by mutual agreement).(In cases where damages are claimed and the defendant disputes his liability to damages, he must deny the agreement or the alleged breaches, or show whatever other ground of defence he intends to rely on, e.g., the [Indian Limitation Act,] accord and satisfaction, release, fraud, etc.)

No. 14

Defence In Administration Suit By Pecuniary Legatee

1. A. B.’s will contained a charge of debts; he died insolvent; he was entitled at his death to some immovable property which the defendant sold and which produced the net sum of Rs. . . . . . . . . . . , and the testator had some movable property which the defendant got in, and which produced the net sum of Rs. . . . . . . . . . .2. The defendant applied the whole of the said sums and the sum of Rs. . . . . . . . . . . which the defendant received from rents of the immovable property in the payment of the funeral and testamentary expenses and some of the debts of the testator.3. The defendant made up his accounts and sent a copy thereof to the plaintiff on the . . . . . . . . …. day of …. . . . .. . .20 . . . , and offered to plaintiff free access to the vouchers to verify such accounts, but he declined to avail himself of the defendant’s offer.4. The defendant submits that the plaintiff ought to pay the cost of this suit.

No. 15

Probate Of Will In Solemn Form

1. The said will and codicil of the deceased were not duly executed according to the provisions of the [Indian Succession Act, 1865 (10 of 1865)][or of the [Hindu Wills Act, 1870 (21 of 1870)].2. The deceased at the time the said will and codicil respectively purport to have been executed, was not of sound mind, memory and understanding.3. The execution of the said will and codicil was obtained by the undue influence of the plaintiff [and others acting with him whose names are at present unknown to the defendant].4. The execution of the said will and codicil was obtained by the fraud of the plaintiff, such fraud so far as is within the defendant’s present knowledge, being [state the nature of the fraud].5. The deceased at the time of the execution of the said will and codicil did not know and approve the contents thereof [or of the contents of the residuary clause in the said will, as the case may be].6. The deceased made his true last will, dated the 1st January, 1873, and thereby appointed the defendant sole executor thereof.The defendant claims—(1) that the Court will pronounce against the said will and codicil propounded by the plaintiff;(2) that the Court will decree probate of the will of the deceased, dated the 1st January, 1873, in solemn form of law.

No. 16

Particulars (Order 6, Rule 5.)

(Title of suit)

Particulars.—The following are the particulars of (here state the matters in respect of which particulars have been ordered) delivered pursuant to the order of the . . . . . . . . . . of(Here set out the particulars ordered in paragraphs if necessary.)

APPENDIX B

PROCESS

No. 1

Summons For Disposal Of Suit (Order 5, Rule 1, 5.)

(Title)

To[Name, description and place of residence.]Whereas has instituted a suit against you for . . . . . . . . . . you are hereby summoned to appear in this Court in person or by a pleader duly instructed (and able to answer all material questions relating to the suit, or who shall be accompanied by some person, able to answer all such questions, on the . . . . . . . . . …. day of …. . . . . . . . . . 20 . . .. . ., at . . . . . . o’clock in the . . . . . . . . . . noon, to answer the claim; and as the day fixed for your appearance is appointed for the final disposal of the suit, you must be prepared to produce on that day all the witnesses upon whose evidence and all the documents upon which you intend to rely in support of your defence.Take notice that, in default of your appearance on the day before mentioned, the suit will be heard and determined in your absence.Given under my hand and the seal of the Court, this . . . . . . . . . . of . . . . . . . . . . 20 . . . . .

Judge.

Notice.—1. Should you apprehend your witnesses will not attend of their own accord, you can have a summons from this Court to compel the attendance of any witness, and the production of any document that you have a right to call upon the witness to produce, on applying to the Court and on depositing the necessary expenses.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.High Courts Amendments-[Allahabad].-After Form No. 1 insert the following form:-

“No. 1-A

SUMMONS/NOTICE FOR SERVICE BY ADVERTISEMENT IN A NEWSPAPER

(Order 5 Rule 20)

(Title)

To

(Name and address)

Whereas ………………………..has instituted the above suit/filed an application against you for …………….. you are hereby summoned to appear in this Court in person or by a pleader on the …………………….day of……………20………..at………..o’clock, to answer the same, failing which the suit/application will be disposed of ex parte.Given under my hand and the seal of the Court, this…………….. day of ………………..20…….

judge.

(25-4-1987).

[Andhra Pradesh].-Same as that of Madras (ii).[Assam].-Same as that of Calcutta.[Bombay].-The following notice shall be inserted in Forms Nos. 1,2,3,4,5 and 6:-“Notice.-Also take notice that in default of your filing an address for service on or before the date mentioned you are liable to have your defence struck out.”-(1.10.1983).[Calcutta].-Insert the following Form and number it ans 1-A:-

“No. 1-A

SUMMONS TO DEFENDANT FOR ASCERTAINMENT WHETHER THE SUIT WILL BE CONTESTED

(Order 5,Rule 1 and 5)

(Title)

To

(Name, description and place of residence)

Whereas ………………………..has instituted a suit against you for……………………….., you are hereby summoned to appear in this Court in person or by a pleader duly instructed and able to answer all material questions relating to the suit on the …………………..day of…………..20……….at ……………o’clock in the …………………….noon in order that on that day you may inform the Court whether you will or will not contest the claim either in whole or in part and in order that in the event of your deciding to contest the claim either in whole or in part directions may be given to you as to the date upon which your written statement is to be filed and the witness or witnesses upon whose evidence you intend to rely in support of your defence are to be produced and also the document or documents upon which you intend to rely.Take notice that, in default of your appearance on the day before-mentioned, the suit will be heard and determined in your absence and take further notice that in the event of your admitting the claim either in whole. or in part the Court will forthwith pass judgment in accordance with such admissions.Given under my hand and the seal of the Court, this ………………….day of…………………..20……..

Seal

Judge.

Notice.-If you admit the claim either in whole or in part you should come prepared topay into Court the money due by virtue of such admission together with the costs of the suit to avoid execution of any decree which may be passed against your person or property or both.”[Gauhati].-Same as that of Calcutta.[Karnataka].-Same as that of Madras except that above “Notice” the words “Judge or the Cheif Ministerial officer” have been substituted for “Judge”-(R.O.C. No. 2526/1959, dated 9.2.1967).[Kerala].-Same as that of Madras (9.6.1959).[Madras].-After Form No. 1, insert the following as Form No. 1-A:-

“No.1-A

SUMMONS FOR ASCERTAINING WHETHER A SUIT IS CONTESTED OR NOT,AND IF NOT CONTESTED FOR ITS IMMEDIATE DISPOSAL

(Order 5, Rule 1, 5)

(Title)

To

(Name, description and place of residence)

Whereas ………………………………has instituted a suit against you for………………………………you are hereby summoned to appear in this Court in person or by a pleader duly instructed, and able to answer all material questions relating to the suit (or who shall be accompanied by some{ person able to answer all such questions) on the ………………………………………………………………………………..day I of…………..20…….at…………..o’clock in the …………………noon and to state whether you contest or do not contest the claim, and, if you contest, to receive directions of Court as to the date on which you have to file the written statement, the date of trial and other matters.Take notice that in the event of the claim not being contested the suit shall be decided at once.Take further notice, that in default of your appearance on the day and hour before mentioned the suit will be heard and determined in your absence.Given under my hand.and the seal of the Court, this ………………day of………20………

Seal

Judge.

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

No. 2

SUMMONS FOR SETTLEMENT OF ISSUES

[Order 5, Rule 1, 5]

(Title)

To(Name, description and place of residence)Whereas ………………………………has instituted a suit against you for……….. you are hereby summoned to appear in this Court in person, or by a pleader duly instructed, and able to answer all material questions relating to suit, or who shall be accompanied by some person able to answer all such questions, on the …………………………day of ……………………20…….at……..o’clock in the …………………noon, to answer the claim; [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 counter-claim, 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 counter-claim you shall enter such documents in a list to be annexed to the written statement.]Take notice that, in default of your appearance on the day before mentioned, the suit will be heard and determined in your absence.Given under my hand and the seal of the Court, this………….. day of……..20…….

Judge.

Notice.-1. Should you apprehend your witnesses will not attend of their own accord,you can have a summons from this Court to compel the attendance of any witness, and the production of any document that you have a right to call upon the witness to produce, on applying to the Court and on depositing the necessary expenses.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.High Court Amendment-[Bombay].-Same as in Form No. 1, Appendix B.

No. 3

Summons To Appear In Person (Order 5, Rule 3.)

(Title)

To[Name, description and place of residence.]Whereas has instituted a suit against you for . . . . . . . . . . you are hereby summoned to appear in this Court in person on the . . . . . . . . . …. day of …. . . . . . . . . . 20… at . . . . . . . . . . o’clock in the . . . . . . . . . . noon, to answer the claim;183 and you are directed to produce on that day all the documents upon which you intend to rely in support of your defence.Take notice that, in default of your appearance of the day before mentioned, the suit will be heard and determined in your absence.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . . . . 20 . . . .

Judge.

High Court Amendment-[Bombay].-Same as in Form No. 1, Appendix B.

[No. 4]

Summons in a Summary Suit

(Order 37, Rule 2)

(Title)

To[Name, description and place of residence.]Whereas . . . . . . . . . . has instituted a suit against you under Order XXXVII of the Code of Civil Procedure,1908, for Rs. . . . . . . . . . . and interest, you are hereby summoned to cause and appearance to be entered for you, within ten days from the service hereof, in default hereof the plaintiff will be entitled, after the expiration of the said period of ten days, to obtain a decree for any sum not exceeding the sum of Rs. . . . . . . . . . . and the sum of Rs. . . . . . . . . . . for costs, together with such interest, if any, as the Court may order.If you cause an appearance to be entered for you, the plaintiff will thereafter serve upon you a summons for judgment at a hearing of which you will be entitled to move the Court for leave to defend the suit.Leave to defend may be obtained if you satisfy the Court by affidavit or otherwise that there is a defence to the suit on the merits or that it is reasonable that you should be allowed to defend.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20…

Judge.

High Court Amendment-[Bombay].-Same as in Form No. 1, Appendix B.

[No. 4-A]

SUMMONS FOR JUDGMENT IN A SUMMARY SUIT

[Order 37 Rule 3]

(Title)

In the …………… Court, at ……………… Suit No…………….. of 20……..XYZ ……………………………………………………………………………………………………………… Plaintiff

Versus

ABC ……………………………………………………………………………………………………………….DefendantUpon reading the affidavit of the plaintiff the Court makes the following order, namely:-Let all parties concerned attend the Court or Judge, as the case may be, on the…………… dayof………. 20…….. at…………….o’clock in the forenoon on the hearing of the application of the plaintiff that he be at liberty to obtain judgment in this suit against the defendant (or if against one or some or several, insert names) for Rs …………….. and for interest and costs.Dated the……….. day of…………..20….]High Court Amendment-[Bombay].-Delete Form No. 4-A.

No. 5

Notice to Person who, the Court Considers, should be added as Co-Plaintiff

(Order 1, Rule 10.)

(Title)

To[Name, description and place of residence.]Whereas . . . . . . . . . . has instituted the above suit against . . . . . . . . . . for . . . . . . . . . . and whereas it appears necessary that you should be added as a plaintiff in the said suit in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved.Take notice that you should on or before the . . . . . . . . . …. day of …. . . . . . . . . . 20…, signify to this Court whether you consent to be so added.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20…,

Judge.

High Court Amendment-[Bombay].-Same as in Form No. 1, Appendix B.

No. 6

Summons to Legal Representative of a Deceased Defendant

(Order 22, Rule 4.)

(Title)

ToWhereas the plaintiff . . . . . . . . . . instituted a suit in this Court on the . . . . . . . . . …. day of …. . . . . . . . . . 20…, against the defendant . . . . . . . . . . who has since deceased, and whereas the said plaintiff has made an application to this Court alleging that you are the legal representative of the said, deceased, and desiring that you be made the defendant in his stead;You are hereby summoned to attend in this Court on the . . . . . . . . . …. day of …. . . . . . . . . . 20…, at . . . . . . . . . . a.m. to defend the said suit and, in default of your appearance on the day specified, the said suit will be heard and determined in your absence.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20…,

Judge.

High Court Amendment-[Bombay].-Same as in Form No. 1, Appendix B.

No. 7

Order for Transmission of Summons for Service in the Jurisdiction of another Court

(Order 5, Rule 21.)

(Title)

Whereas it is stated that defendant/witness in the above suit is at present residing in . . . . . . . . . . : It is ordered that a summons returnable on the day of . . . . . . . . . . 20…, be forwarded to the Court of . . . . . . . . . . for service on the said defendant/witness with a duplicate of this proceeding.The court-fee of . . . . . . . . . . chargeable in respect to the summons has been realised in this Court in stamps.Dated . . . . . . . . . . 20 . . .Judge.High Court Amendment-[Allahabad].-Form No. 7 has been cancelled-(7th September, 1918).

No. 8

Order for Transmission of Summons to be Served on a Prisoner

(Order 5, Rule 25.)

(Title)

ToThe Superintendent of the Jail at…….Under the provisions of Order V, rule 24, of the Code of Civil Procedure, 1908, a summons in duplicate is herewith forwarded for service on the defendant . . . . . . . . . . who is . . . . . . . . . . a prisoner in jail. You are requested to cause a copy of the said summons to be served upon the said defendant and to return the original to this Court signed by the said defendant, with a statement of service endorsed thereon by you.

Judge.

No. 9

Order for Transmission of Summons to be Served on a Public Servant or Soldier

(Order 5, Rules 27, 28.)

(Title)

ToUnder the provisions of Order V, rule 27 (or 28, as the case may be), of the Code of Civil Procedure, 1908, a summons in duplicate is herewith forward for service on the defendant . . . . . . . . . . who is stated to be serving under you. You are requested to cause a copy of the said summons to be served upon the said defendant and to return the original to this Court signed by the said defendant, with a statement of service endorsed thereon by you.

Judge.

High Court Amendments-[Andhra Pradesh].-Same as that of Madras.[Madras].-Substitute the words “public officer” for the words “public servant” in the heading.

No. 10

To Accompany Returns of Summons of Another Court

(Order 5, Rule 23.)

Read proceeding from the . . . . . . . . . . forwarding . . . . . . . . . . for service on in suit No. . . . . . . . . . . of 20…, of that Court.Read Serving Officer’s endorsement stating that the . . . . . . . . . . and proof of the above having been duly taken by me on the oath of . . . . . . . . . . and . . . . . . . . . . it is ordered that the . . . . . . . . . . be returned to the . . .. . . . . . with a copy of this proceeding.

Judge.

Note.—This form will be applicable to process other than summons, the service of which may have to be effected in the same manner.High Court Amendments-[Allahabad].-Form No. 10 has been cancelled-(24.8.1918).[Bombay].-In Appendix B, for the existing Form No. 10, substitute the following as Form No. 10:-

No. 10

To Accompany Returns of Summons of Another Court

(Order 5, Rule 23.)

Read proceeding from the . . . . . . . . . . forwarding . . . . . . . . . . for service on in suit No. . . . . . . . . . . of 20…, of that Court.Read Serving Officer’s endorsement stating that the . . . . . . . . . . and proof of the above having been duly taken by me on the oath of . . . . . . . . . . and . . . . . . . . . . it is ordered that the . . . . . . . . . . be returned to the . . .. . . . . . with a copy of this proceeding.I hereby declare that the said summons on………has been duly served.

Judge.

Note.—This form will be applicable to process other than summons, the service of which may have to be effected in the same manner.”.-(1.10.1983).[Calcutta].-In the heading insert “or notice” after “summons” and insert the words “(or proof of the above having been duly made by the declaration of…….)” after the words “proof of the above having been duly taken by me on the oath of.”[Gauhati].-Same as that of Calcutta.

No. 11

Affidavit Of Process-service To Accompany Return Of A Summons Or Notice

(Order 5, Rule 18.)

(Title)

The Affidavit of . . . . . . . . . . . . ., son of . . . . . . . . . . make oath/affirm I . . . . . . . . . . and say as follows:-(1) I am a process-server of this Court.(2) On the . . . . . . . . . …. day of …. . . . . . . . . . 20… I received a summons/notice issued by the Court . . . . . . . . . . in Suit No. . . . . . . . . . . of 20…, in the said Court, dated the . . . . . . . . . …. day of …. . . . . . . . . . 20 . . . , for service on .. . . . . . . . .(3) The said . . . . . . . . . . was at the time personally known to me, and I served the said summons/notice on him/her on the . . . . . . . . . . day of…20, at about . . . . . . . . . . o’clock in the noon at . . . . . . . . . . by tendering a copy thereof to him/her and requiring his/her signature to the original summons/notice.(a)(b)(a) Here state whether the person served signed or refused to sign the process, and in whose presence.(b) Signature of process-server.

or,

(3) The said . . . . . . . . . . . . . . . . . . . . not being personally known to me . . . . . . . . . . . . . . . . . accompanied me to the said summons/notice on his/her on the . . . . . . . . . …. day of …. . . . . . . . . . 20 . . . , at about. . . . . . . . . . . . . . . . . o’clock in the . . . . . . . . . . . . . . noon at . . . . . . . . . . . . . . . . . by tendering a copy thereof to him/her and requiring his /her signature to the original summons/notice.(a)(b)(a) Here state whether the person served signed or refused to sign the process, and in whose presence.(b) Signature of process-server.

or,

(3) The said . . . . . . . . . . . . . . . . . and the house in which he ordinarily resides being personally known to me, I went to the said house, in . . . . . . . . . . . . . . . . . and thereon the . . . . . . . . . . . . . . . . …. day of …. . . . . . . . . . 20…, at about . . . . . . . . . . o’clock in the . . . . . . . . . . noon, I did not find the said. . . . . . . . . . . . .(a)(b)(a) Enter fully and exactly the manner in which the process was served, with special reference to Order 5, rules 15 and 17.(b) Signature of process-server. or,(3) One . . . . . . . . . . accompanied me to . . . . . . . . . . and there pointed out to me which he said was the house in which . . . . . . . . . . ordinarily resides. I did not find the said there.(a)(b)(a) Enter fully and exactly the manner in which the process was served, with special reference to Order 5, rule 15 and 17.(b) Signature of process-server.

or

If substituted service has been ordered, state fully and exactly the manner in which the summons was served with special reference to the terms of the order for substituted service.Sworn/Affirmed by the said . . . . . . . . . before me this. . . …. day of …. . . . . . . . . . 20…

Empowered under section 139 of the Code of Civil

Procedure, 1908, to administer the oath to deponents.

High Court Amendments-[Calcutta].-Substitute the following for the existing Form No. 11:-

“No. 11

DECLARATION OF PROCESS-SERVER TO ACCOMPANY RETURN OF A SUMMONS OF NOTICE

[Order 5 Rule 18]

(Title)

I. ……………………………….. a process-server of this Court, declare:(1) On the ………………………….. day of …………………………….. 20 …………………, I received a summons issued notice by the Court of …………………………. in Suit No…………….. of 20 ………………….. in the Court, dated ……………………. day of …………………… 20 ……………………., for service on………………………….(2) The said ………………………….. was at the time personally known to me, and I served the summons on him on the ……………………………………… day of ………………. 20 …….., at about ………………………. o’clock in the ………………….. noon at ………………….. by tendering a copy thereof to him and requiring his her her signature to the original summons notice(a)(b)(a) Here state whether the person served, signed or refused to sign the process and in whose presence.(b) Signature of process-server.

or,

(2) The said ………………….. not being personally known to me …………….. pointed out to me aperson whom he stated to be the said ………………….. and I served the said summons/notice on him/her on notice her the ……………………… day of …………….. 20 ……………. at about……….. o’clock in the noon at ………………………. by tendering a copy thereof to him and requiring his signature ………………… to the originalher hersummons notice(a)(b)(a) Here state whether the person served, signed or refused to sign the process and in whose presence.(b) Signature of process-server.

or,

(2) The said ………………… and the house in which he ordinarily resides being personallyknown to me, I went to the said house, in …………… and there on the ……………….. day of …………….. 20.. at about …………………. o’clock in the ……………. noon, I did not find the said ………………….(a)(b)(a) Enter fully and exactly the manner in which the process was served, with specialreference to Order 5, rules 15 and 17.(b) Signature of process-server.

or,

(2) One …………….. at ………………… pointed out to me ……………… which he said was the house inwhich ………….. ordinarily resides. I did not find the said …………… there.(a)(b)(a) Enter fully and exactly the manner in which the process was served, with special reference to Order 5, Rules 15 and 17.(b) Signature of process-server.

or,

(3) If substituted service has been ordered, state fully and exactly the manner in which the summons was served with special reference to the terms of the order for substituted service.”[Gauhati].-Same as that of Calcutta.[Himachal Pradesh].-Same as that of Punjab.[Punjab].-Substitute the following Form for existing Form No. 11:-

“No. 11

AFFIDAVIT OF PROCESS-SERVER TO ACCOMPANY RETURN OF A SUMMONS OR NOTICE

[Order 5 Rule 18]

(Title)

The affidavit of …………………………. son of ……………………….. I make oath/affirm and say as follows:-(1) 1 am a process-server of this Court.(2) On the ……………….. day of …………………… 20…., I received a summons/notice issued by the Court ……………………. in Suit No…………… of 20……….., in the said Court, dated the ………………. day of ……………….. 20 ……………… for service on ……………..(3) The said ………………………… was at the time personally known to me, and I served the said summons/notice on him/her on the …………………….. day of ………………… 20 …, at about ………………………… o’clock in the …………………. noon at ………………… by tendering a copy thereof to him/her and requiring his/her signature to the original summons/notice(a)(b)(a) Here state whether the person served, signed or refused to sign the process and inwhose presence.(b) Signature of process-server.

or,

(3) The said ……………………….. not being personally known to me accompanied to ……………………. and pointed out to me a person whom he stated to be the said ……………………….. , and I served the said summons/notice on him/her on the day of 20 ………………… at about ………………… o’clock, in the …………….. noon at ……………… by tendering a copy thereof to him/her and requiring his/her signature to the original summons/notice(a)(b)(a) Here state whether the person served, signed or refused to sign the process and inwhose presence.(b) Signature of process-server.

or,

(3) The said ………………………….. and the house in which he ordinarily resides being (personally known to me)/Pointed out to me by……………………….I went to the said house in and there …………………………………………………..on the ………………………….. day of …………………………. 20 ………. at o’clock in the fore/after noon I did not find the said ………….. I enquired.after

(a)___________________

(b)___________________

I was told that ………………………………. had gone to ……………… and would not be back till ……………………………….

Signature of process-server.

or,

(3) If substituted service has been ordered, state fully and exactly the manner in which the summons was served with special reference to the terms of the order for substituted service. Sworn/Affirmed by the said ……………………………………. before me this day of …………………… 20 ………

Empowered under section 139 of the Code of Civil

Procedure, 1908 to administer the oath to deponents.”

No. 12

Notice To Defendant

(Order 9, Rule 6.)

(Title)

To[Name, description and place of residence.]Whereas this day was fixed for the hearing of the above suit and a summons was issued to you and the plaintiff has appeared in this Court and you did not so appear, but from the return of the Nazir it has been proved to the satisfaction of the Court that the said summons was served on you but not in sufficient time to enable you to appear and answer on the day fixed in the said summons;Notice is hereby given to you that the hearing of the suit is adjourned this day and that the day of . . . . . . . . . .20… is now fixed for the hearing of the same; in default of your appearance on the day last mentioned the suit will be heard and determined in your absence.Given under my hand and the seal of the Court, this . . . . . . . . . . day . . . . . . . . . . 20…

Judge.

High Court Amendment-[Madras].– After Form No. 12, insert the following as Form No. 12-A-

No. 12-A

NOTICE TO THE PROPOSED GUARDIAN OF A MINOR DEFENDANT/RESPONDENT

[Order 32, Rule 3 and 4]

[Omitted by R.O.C. No. 2578 of 1922, dated 8th March, 1923.]

No. 13

Summons To Witness

(Order 16, Rule 1, 5.)

(Title)

ToWhereas your attendance is required to . . . . . . . . . . on behalf of the . . . . . . . . . . in the above suit, you are hereby required [personally] to appear before this Court on the . . . . . . . . . …. day of …. . . . . . . . . . 20 . . . at . . . . . .. . . o’clock in the forenoon, and to bring with you [or to send to this . . . . . . . . . . Court].A sum of Rs. . . . . . . . . . . , being your travelling and other expenses and subsistence allowance for one day, is herewith sent. If you fail to comply with this order without lawful excuse, you will be subject to the consequences of non-attendance laid down in rule 12 of Order XVI of the Code of Civil Procedure, 1908.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20…Judge.Notice.—(1) If you are summoned only to produce a document and not to give evidence, you shall be deemed to have complied with the summons if you cause such document to be produced in this Court on the day and hour aforesaid.(2) If you are detained beyond the day aforesaid, a sum of Rs. . . . . . . . . . . will be tendered to you for each day’s attendance beyond the day specified.High Court Amendments-[Andhra Pradesh].-Same as that of Madras (i) and (iii) except the following:-In Form No. 13-A:-(i) For the word “Crown” substitute “Government”.(ii) For the words “A Government servant from the Province of……(Name)” substitute the words “a servant of Government of India or the Government (name of State)”,(iii) For the words “the Government of the Province of” substitute the words “Government of India/Government of……..(Name of the State)”.

(R.O.C. No. 6842/51-B1, dated 29.8.1957).

[Kerala].-(i).-Same as that of Madras (i).(ii) after Form 13, the following Form shall be inserted, namely:-

“No. 13-A

CERTIFICATE OF ATTENDANCE TO AN OFFICER OF GOVERNMENT SUMMONED AS A WITNESS IN A SUIT TO WHICH THE GOVERNMENT IS A PARTY

[Order 16 Rule 4-A]

(Cause title)

This is to certify that …………………… (name) …………………. (designation) ……………… being a servant of the Government of India/ of the Government of …………….. (name of State) was summoned to give evidence in his official capacity on behalf of the plaintiff /defendant …………………. in the above ……………………. and was in attendance in this Court from ……………………. to the day of ………………….. 20 ………………………. (inclusive) and that a sum of Rupees ……………………. has been paid into Court by the plaintiff /defendant towards his travelling and subsistence allowance for ……………… days according to the scale prescribed by the Government of India/the Government of ………………………. (name of State) and that the said amount has been/will be remitted to the Government Treasury at ………………… to be credited to Government under the head ……………………….Dated the ………………………….. day of ………………. 20 …….

Presiding Judge or Chief Ministerial Officer.”

[Kerala].-(i.-Same as that of Madras(i).(ii) after Form 13, the following Form shall be inserted, namely:-

“No. 13-A

CERTIFICATE OF ATTENDANCE TO AN OFFICER OF GOVERNMENT SUMMONED AS A WITNESS IN A SUIT TO WHICH THE GOVERNMENT IS A PARTY

[Order 16 Rule 4-A]

(Cause title)

This is to certify that ……………… (name) …………….. designation being a Government servant from the State of ……………… (name) was summoned to give evidence in his official capacity on behalf of the plaintiff /defendant in the above suit/matter and was in attendance in this Court from the …………………… day of ………………………….. to the day of ……………………. 20…., (inclusive) and that a sum of Rupees …………….. has been paid into Court by the plaintiff/ defendant towards his travelling and subsistence for ……………………………….. day according to the scale prescribed by the Government of the State of ……………………. (name) ……………… and that the said amount has been/will be remitted to the Government Treasury at ……………… to be credited to Government under the head “XXI (e) (ii) Administration of Justice-Miscellaneous-0ther Items”.Dated ……………………… day of ………………………………… 20 …………..

Presiding Judge or Chief Ministerial Officer.”

[Madras].-(i) Add the following to Notice(1):-“If the document you ar summoned to produce is an entry in a letter book, or a shop-book or other account in current use, and you are desirous of receiving back the document, you may furnish along with the document a copy of the entry.”(ii) The following shall be added at the bottom:-“Acknowledgment for receipt of witness batta.

(Title)

Received a sum of Rs……being my travelling and other expenses and…..subsistence allowance for one day, for giving evidence in the above case.

Witness”.

(P.Dis.No. 489/66, dated 30.11.1966).

(iii) Insert the following as form No. 13-A after Form No. 13 in Appendix B of Schedule I:-

“No. 13-A

CERTIFICATE OF ATTENDANCE TO AN OFFICER OF GOVERNMENT SUMMONED AS A WITNESS IN A SUIT TO WHICH THE GOVERNMENT IS A PARTY

[Order 16 Rule 4-A]

(Cause title)

This is to certify that …………….. (name) ……………………….. (designation) being a servant of the Government of India/of the Government of …………………………………………………. (name of State) was summoned to give evidence in his official capacity on behalf of the plaintiff/defendant in the above defendant…………………. and was in attendance in this Court from the ………………………. day of …………………….. to the ………………. day of …………………….. 20 …………….. (inclusive) and that a sum of Rupees ………………………. has been paid into Court by the plaintiff/defendant towards his travelling and subsistence allowance for ………………… days according to the scale prescribed by Government of India /Government of ……………………………….. (name of State) and that the said amount has been/will be remitted to the will be Government Treasury at ………………………….. to be credited to Government under the head “XXI-(d) Miscellaneous-Fees and Fines”.Dated ………………………. day of …………………… 20 …………..

Presiding Judge or Chief Ministerial Officer.”

No. 14

Proclamation Requiring Attendance Of Witness

(Order 16, Rule 10)

(Title)

ToWhereas it appears from the examination on oath of the serving officer that the summons could not be served upon the witness in the manner prescribed by law: and whereas it appears that the evidence of the witness is material, and he absconds and keeps out of the way for the purpose of evading the service of the summons: This proclamation is, therefore, under rule 10 of Order XVI of the Code of Civil Procedure, 1908, issued requiring the attendance of the witness in this Court on the . . . . . . . . . .. . . . . …. day of …. . . . . . . . . . . . . . . . . 20 . . . . . . . . . . . at . . . . . . . . . . o’clock in the forenoon and from day to day until he shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt with according to law.Given under my hand and the seal of the Court, this . . . . . . . . . . . . .. . . . …. day of …. . . . . . . . 20. . . . . . . .

Judge.

No. 15

Proclamation Requiring Attendance Of Witness

(Order 16, Rule 10.)

(Title)

ToWhereas it appears from the examination on oath of the serving officer that the summons has been duly served upon the witness, and whereas it appears that the evidence of the witness is material and he has failed to attend in compliance with such summons: This proclamation is, therefore, under rule 10 of Order XVI of the Code of Civil Procedure, 1908, issued requiring the attendance of the witness in this Court on the day of . . . . . . . . . .. . . . . . 20 at .. . . . . . . . . . . . . . . . o’clock in the forenoon, and from day to day until he shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt with according to law.Given under my hand and the seal of the Court. this . . . . . . . . . . . . . . . . . . …. day of …. . . . . . . . . . 20 . . . . ..

Judge.

No. 16

Warrant Of Attachment Of Property Of Witness

(Order 16, Rule 10.)

(Title)

ToThe Bailiff of the Court.Whereas the witness . . . . . . . . . . cited by . . . . . . . . . . . . . has not, after the expiration of the period limited in the proclamation issued for his attendance, appeared in Court; You are hereby directed to hold under attachment . . . . . . . . . . property belonging to the said witness to the value of . . . . . . . . . . and to submit a return, accompanied with an inventory thereof, within . . . . . . . . . . days.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . . . .. . . 20 . . . . . .

Judge.

High Court Amendment-[Kerala].-For the word “Bailiff” the word “Amin” has been substituted-(9.6.1959).

No. 17

Warrant Of Arrest Of Witness

(Order 16, Rule 10.)

(Title)

ToThe Bailiff of the Court.Whereas . . . . . . . . . . has been duly served with a summons but has failed to attend (absconds and keeps out of the way for the purpose of avoiding service of a summons);You are hereby ordered to arrest and bring the said . . . . . . . . . . before the Court.You are further ordered to return this warrant on or before the . . . . . . . . . . day of 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.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20…

Judge.

High Court Amendment-[Kerala].-For the word “Bailiff” the word “Amin” has been substituted-(9.6.1959).

No. 18

Warrant Of Committal

(Order 16 Rule 16.)

(Title)

ToThe Officer in charge of the Jail atWhereas the plaintiff (or defendant) in the above-named suit has made application to this Court that security be taken for the appearance of . . . . . . . . . . to . . . . . . . . . . give evidence (or to produce a document), on the . .. . . . . . . . day of . . . . . . . . . . 20…; and whereas the Court has called upon the said . . . . . . . . . . to furnish such security, which he has failed to do; This is to require you to receive the said….into your custody in the civil prison and to produce him before this Court at . . . . . . . . . . on the said day and on such other day or days as may be hereafter ordered.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . .. . . . . 20…

Judge.

No. 19

Warrant Of Committal

(Order 16, Rule 18.)

(Title)

ToThe Officer in Charge of the Jail atWhereas, whose attendance is required before this Court in the above-named case to give evidence (or to produce a document), has been arrested and brought before the Court in custody; and whereas owing to the absence of the plaintiff (or defendant), the said . . . . . . . . . . cannot give such evidence (or produce such document); and whereas the Court has called upon the said . . . . . . . . . . to give security for his appearance on the . . . . .. . . . . . . . . …. day of …. . . . . . . . 20. . . , at . . . . . . . . . . which he has failed to do; This is to require you to receive the said… into your custody in the civil prison and to produce him before this Court at . . . . . . . . . . on the . . . . . . . . . …. day of …. . . . . . . . . . 20….Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20…

Judge.

High Court Amendment.-[Allahabad].-Add the following Form No. 20:-

No. 20

Application For the Issue To a Party Or Witness

No. of Suit…………..

Name of parties…………………………………………………………………………In the Court of the …………………………………………………………………..Date fixed for hearing……………………………………………………………….

Number of witness to be summoned  Name and  full address of each person to be summoned  Rank or occupation  Distance of residence from Court Cash paid for  Name and address of person to whom unexpended travelling expenses and diet money should be returned
Rail Road Travelling expenses Diet expenses

Appendix C

DISCOVERY, INSPECTION AND ADMISSION

No. 1

Order for Delivery of Interrogatories

(Order 11, Rule 1.)

In the Court of . . . . . . . . . .

Civil Suit No. . . . . . . . . of . . . . . . . . . . 20 . . . . . . . . . .

A.B. . . . ……..

Plaintiff,

C. D. E. F. and G. H . . . . . . . . . .

Defendants.

Upon hearing . . . . . . . . . . and upon reading the affidavit of . . . . . . . . . . filed the . . . . . . . . . …. day of …. . . 20 . . . . .. . . . It is ordered that the . . . . . . . . . . be at liberty to deliver to the . . . . . . . . . . . . . . . . . . . . .interrogatories in writing, and that the said . . . . . . . . . . do answer the interrogatories as prescribed by Order XI, rule 8, and that the costs of this application be.

No. 2

Interrogatories

(Order 11, Rule 4.)

(Title as in No. 1, supra.)

Interrogatories on behalf of the above-named [Plaintiff or defendant C.D.]for the examination of the abovenamed [defendants E.F. and G. H. or plaintiff]1. Did not, etc.2. Has not, etc. . . . . . . . . . . etc., . . . . . . . . . . etc., . . . . . . . . . . etc.[The defendant E. F. is required to answer the interrogatories numbered. . . . . . . . . . .. ][The defendant G.H. is required to answer the interrogatories numbered. . . . . . . . . . . .]

No. 3

Answer To Interrogatories

(Order 11, Rule 9.)

(Title as in No. 1, supra.)The answer of the above-named defendant E.F., to the interrogations for his examination by the above-named plaintiff.In answer to the said interrogatories, I, the above-named E.F., make oath and say as follow:—

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

3. I object to answer the interrogatories numbered on the ground that [state grounds of objection]

No. 4

Order for Affidavit as to Documents

(Order 11, Rule 12.)

(Title as in No. 1, supra.)

Upon hearing . . . . . . . . . . ; It is ordered that the . . . . do within . . . . . . . . . . days from the date of this order, answer on affidavit stating which documents are or have been in his possession or power relating to the matter in question in this suit, and that the costs of this application be.

No. 5

Affidavit as to Documents

(Order 11, Rule 13.)

(Title as in No. 1, supra.)

I, the above-named defendant C. D., make oath and say as follows:—1. I have in my possession or power the documents relating to the matters in question in this suit set forth in the first and second parts of the first schedule hereto.2. I object to produce the said documents set forth in the second part of the first schedule hereto [state grounds of objection]3. I have had but have not now, in my possession or power the documents relating to the matters in question in this suit set forth in the second schedule hereto.4. The last-mentioned documents were last in my possession or power on [state when and what has become of them and in whose possession they now are].5. Accordingly to the best of my knowledge, information and belief I have not now, and never had, in my possession, custody or power, or in the possession, custody or power of my pleader or agent, or in the possession custody or power of any other person on my behalf, any account, book of account, voucher, receipt, letter memorandum, paper or writing, or any copy of or extract from any such document, or any other documents whatsoever, relating to the matters in question in this suit or any of them, or wherein any entry has been made relative to such matters or any of them, other than and except the documents set forth in the said first and second schedules hereto.

No. 6

Order to Produce Documents for Inspection

(Order 11, Rule 14.)

(Title as in No. 1, supra).

Upon hearing . . . . . . . . . . and upon reading the affidavit of . . . . . . . . . . filed the day of . . . . . . . . . . 20… It is ordered that the . . . . . . . . . . do, at all reasonable times, on reasonable notice, produce at . . . . . . . . . . situate at . . . . . . . . . . , the following documents, namely, . . . . . . . . . . , and that the . . . . . . . . . . be at libery to inspect and persue the documents so produced, and to make notes of their contents. In the meantime, it is ordered that all further proceedings be stayed and that the costs of this application be.

No. 7

Notice to Produce Documents

(Order 11. Rule 16)

(Title as in No. 1, supra.)

Take notice that the [plaintiff or defendant] requires you to produce for his inspection the following documents referred to in your [plaint or written statement or affidavit, dated that . . . . . . . . . …. day of …. . . . . . . . . .20…].

[Describe documents required.]

  1. Y., Pleader for the

To Z., Pleader for the.

No. 8

Notice to Inspect Documents

(Order 11, Rule 17.)

(Title as in No. 1. supra.)

Take notice that you can inspect the documents mentioned in your notice of the . . . . . . . . . …. day of …. . . . . . . . . .20… except the documents numbered in that notice] at [insert place of inspection] on Thursday next, . . . . . . . . . . . . . . the instant, between the hours of 12 and 4 o’clock.Or, that the [plaintiff or defendant] objects to giving you inspection of documents mentioned in your notice of the . . …. day of …. . . . . . . . . . 20… on the ground that [State the ground].

No. 9

Notice to Admit Documents

(Order 12, Rule 3.)

(Title as in No. 1, supra.)

Take notice that the plaintiff [or defendant] in this suit proposes to adduce in evidence the several document hereunder specified, and that the same may be inspected by the defendant [or plaintiff] his pleader or agent, at . . . . . . . . . . on . . . . . . . . . . between the hours of . . . . . . . . . . ; and the defendant [or plaintiff] is hereby required, within forty-eight hours from the … last-mentioned hour, to admit that such of the said documents as are specified to be originals were respectively written, signed or executed, as they purport respectively to have been; that such as are specified as copies are true copies; and such documents as are stated to have been served, sent or delivered were so served, sent or delivered, respectively, saving all just exceptions to the admissibility of all such documents as evidence in this suit.

G.H., pleader [or agent] for plaintiff

[or defendant]

To E.F., pleader [or agent] for defendant [or plaintiff].[Here describe the documents and specify as to each document whether it is original or a copy.]

No. 10

Notice to Admit Facts

(Order 12, Rule 5.)

(Title as in No. 1, supra.)

Take notice that the plaintiff [or defendant] in this suit requires the defendant [or plaintiff] to admit, for the purposes of this suit only, the several facts respectively hereunder specified; and the defendant [or plaintiff] is hereby required, within six days from the service of this notice, to admit the said several facts, saving all just exceptions to the admissibility of such facts as evidence in this suit.

G.H. pleader [or agent] for plaintiff

[or defendant].

To E.F., pleader [or agent] for defendant [or plaintiff].The facts, the admission of which is required, are:—1. That M. died on the 1st January, 1890.2. That he died intestate.3. That N. was his only lawful son.4. That O. died on the 1st April, 1896.5. That O. was never married.

No. 11

Admission of Facts Pursuant to Notice

(Order 12, Rule 5.)

(Title as in No. 1, supra.)

The defendant [or plaintiff] in this suit, for the purposes of this suit only, hereby admits the several facts respectively hereunder specified, subject to the qualifications or limitations, if any, hereunder specified, saving all-just exceptions to the admissibility of any such facts, or any of them, as evidence in this suit:Provided that this admission is made for the purposes of this suit only, and is not an admission to be used against the defendant [or plaintiff] on any other occasion or by any one other than the plaintiff [or defendant or party requiring the admission].

E.F., pleader [or agent] for defendant

[or plaintiff].

To G.H., pleader [or agent] for plaintiff [or defendant].

Facts admitted Qualification or limitation, if any, subject to which they are admitted
1. That M. died on Ist January, 1890 1……………………………..
2. That he died intestate 2……………………………..
3. That N. was his lawful son 3. But not that he was hid only lawful son .
4. That O. Died 4. But not that he died on the Ist April, 1896.
5. That O. was never married. 5………………………………

No. 12

Notice to Produce (General Form)

(Order 12, Rule 8.)

(Title as in No. 1, supra)

Take notice that you are hereby required to produce and show to the Court at the first hearing of this suit all books, papers, letters, copies of letters and other writings and documents in your custody, possession of power, containing any entry, memorandum or minute relating to the matters in question in this suit, and particularly.G.H., pleader [or agent] for plaintiff[or defendant].To E.F., pleader [or agent] for defendant [or plaintiff].

APPENDIX D

DECREES

No. 1

Decree in Original Suit

(Order 20, Rule 6, 7.)

(Title)

Claim for ………………………………………………………………..This suit coming on this day for final disposal before . . . . . in the presence of . . . . . . . . . . for the plaintiff and of . . . . . . . . . . . . . for the defendant, it is ordered and decreed that . . . . . . . . . . and that the sum of Rs. . . . . . . . . . . be paid by the . . . . . . . . . . to the . . . . . . . . . . on account of the costs of this suit, with interest thereon at the rate of . . . . . . . . . . per cent, per annum from this date to date of realization.Given under my hand and the seal of the Court, this . . . . . . . . day of . . . . . . . . . . 20…

Judge.

Plaintiff Defendant
    Rs A.P.     Rs. A.P.
1.   Stamp for plaint ……   Stamp for power …..  
2.   Do. for power ……   Do. for petition ……  
3.   Do. for exhibit ……   Pleader’s fee …..  
4.   Pleader’s fee on Rs. ……   Subsistence for witnesses …..  
5.   Subsistence for witness …..   Service of process ……  
6.   Commissioner’s fee …..   Commissioner’s fee …….  
7.   Service of process ……      
    _______     _______
Total ……   Total ……

High court Amendments-[Andhra Pradesh].-Same as that of Madras.[Calcutta].-Cancel the table under the head “Costs of suit” in Form No. 1 and substitute therefor the following:-

Plaintiff Defendant
    Rs. A.P.     Rs. A.P.
1.   Stamp for  plaint   1.   Stamp for power ….  
2.   Stamp for power   2.   Stamp for petitions and affidavits …. `
3.   Stamp for petitions and affidavits   3.   Costs of exhibits including copies made under the Banker’s Books Evidence Act, 1891 ….  
4.   Costs of exhibits including copies made under the Banker’s Books Evidence Act, 1891 ….   4.   Pleader’s fee ….  
5.   Pleader’s fee on Rs. ….   5.   Subsistence and travelling allowances of witness (including those of party, if allowed by Judge) ….  
6.   Subsistence and travelling allowances of witnesses (including those of party, if allowed by Judge) ….   6.   Process-fee ….  
7.   Process-fee   7.   Commissioner’s fees ….  
8.   Commissioner’s fees   8.   Demi-paper ….  
9.   Demi-paper   9.   Costs of transmission of records ….  
10. Costs of transmission of records   10. Other costs allowed under the Code and General Rules and Orders ….  
11. Other costs allowed under the Code and General Rules and Orders ….   11. Adjournment costs not  paid in cash (to be deducted or added as the case may be) ….  
12.  Adjournment costs not paid in cash (to be deducted or added as the case may be)          
    _________     _________
Total   Total  

[Gauhati].-Same as that of Calcutta.[Madras].-In Form No. 1 of Appendix D, for the existing tabular statement, the following tabular statement shall be substituted, namely:-

“Cost of suit

Plaintiff Defendant
    Rs. P.     Rs. P.
1.   Stamp on plaint   1.   Stamp on written statement  
2.   Stamp on vakalat   2.   Stamp on vakalat  
3.   Fee for services of process   3.   Fee for service of process  
4.   Fee for preparation of process   4.   Fee for preparation of process  
5.   Cost of pre-suit notice   5.   Cost of pre-suit reply notice  
6.   Stamp on exhibits   6.   Stamp on exhibits  
7.   Cost  of making or getting copies of pleadings, application or affidavits   7.   Cost of making or getting copies of pleadings, applications or affidavits  
8.   Cost of obtaining copies of public documents, including search fee   8.   Cost of obtaining copies of public documents, including search fee  
9.   Travelling allowance and subsistence ….   9.   Travelling allowance and subsistence for witnesses  
10. Cost of any adjournment ….   10. Cost of any adjournment  
11. Cost of interlocutory applications or petitions   11. Cost of interlocutory applications or petitions  
12. Commissioner’s fee   12. Commissioner’s fee  
13. Pleader’s fee on Rs.   13. Pleader’s fee on Rs.  
    _________     _________
Total   Total  

Orissa.-Same as that of Patna.Patna.-In Form No. 1 for the schedule of “Costs of suit” substitute the following:-

Plaintiff   Amount Defendant   Amount
    Rs. A.P.     Rs. A.P.
1.   Stamp for plaint   1.   Stamp for power  
2.   Do. for power   2.   Do. for petition or affidavit  
3.   Do. for petition or affidavit   3.   Costs for exhibits  
4.   Costs for exhibits   4.   Pleader’s fee  
5.   Pleader’s fee on Rs.   5.   Subsistence

(a) For plaintiff or his agent

(b) For witnesses

 
6.   Subsistence-

(a) for defendant or his agent

(b) for witnesses

    6.   Commissioner’s fee    
7.   Commissioner’s fee   7.   Service of process  
8.   Service for process   8.   Copying or typing charge  
9.   Copying or typing charge        
    _________     ________
Total   Total  

No. 2

Simple Money Decree

(Section 34)

(Title)

Claim for………………………………This suit coming on this . . . . . . . . . . day for final disposal before . . . . . . . . . . in the presence of . . . . . for the plaintiff and of . . . . . . . . . . for the defendant; It is ordered that the . . . . . . . . .do pay to the . . . .. . . the sum of Rs. . . . . . . . . . . with interest thereon at the rate of . . . . . . . . . . per cent per annum from . . . . . . to the date of realization of the said sum and do also pay Rs…. , the cost of this suit, with interest thereon at the rate of . . .. . . . . . per cent per annum from this date to the date of realization.Given under my hand and the seal of the Court, this . . . . . . . . . . day . . . . of . . . . 20 . . .

Judge.

Plaintiff Defendant
    Rs A.P.     Rs. A.P.
1.   Stamp for plaint ……   Stamp for power …..  
2.   Do. for power ……   Do. for petition ……  
3.   Do. for exhibit ……   Pleader’s fee …..  
4.   Pleader’s fee on Rs. ……   Subsistence for witnesses …..  
5.   Subsistence for witness …..   Service of process ……  
6.   Commissioner’s fee …..   Commissioner’s fee …….  
7.   Service of process ……      
    _______     _______
Total ……   Total ……

High Court Amendments-[Andhra Pradesh].-Same as that of Madras.[Calcutta].-Same as in Form No. 1, supra.[Gauhati].-Same as that of Calcutta.[Madras].-Same as in Form No. 1, supra

No. 3

Preliminary Decree for Foreclosure

Order 34, Rule 2]

Where accounts are directed to be taken.)

(Title)

This suit coming on this . . . . . . . . . . day, etc.; It is hereby ordered and decreed that it be referred to . . . . . . . . .. . . . as this Commissioner to take the accounts following:—

(i) an account of what is due on this date to the plaintiff for principal and interest on his mortgage mentioned in the plaint (such interest to be computed at the rate payable on the principal or where no such rate is fixed, at six per cent per annum or at such rate as the Court deems reasonable);

(ii) an account of the income of the mortgaged property received up to this date by the plaintiff or by any other person by the order or for the use of the plaintiff or which without the wilful default of the plaintiff or such person might have been so received;

(iii) an account of all sums of money properly incurred by the plaintiff up to this date for costs, charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together with interest thereon

(such interest to be computed at the rate agreed between the parties, or failing such rate, at the same rate as is payable on the principal, or, failing both such rates, at nine per cent, per annum);

(iv) an account of any loss or damage caused to the mortgaged property before this date by any act or omission of the plaintiff which is destructive of, or permanently injurious to, the property or by his failure to perform any of the duties imposed upon him by any law for the time being in force or by the terms of the mortgage-deed.

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—

(i) that the defendant do pay into Court on or before the. . . . . . . . .day of . . . . . . . . …, or any later date up to which time for payment may be extended by the Court, such sum as the Court shall fined due and the sum of Rs……………for the costs of the suit awarded to the plaintiff.

(ii) that, on such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due 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 34 of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the defendant, or to such person as he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by the plaintiff or any person claiming under him or any person under whom he claims and free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said property.

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.

Schedule

Description of the mortgaged property

High Court Amendment-[Kerala].-Delete Form No. 3 [Noti. No. DI-22480/85, dated 20.11.1990].

No. 3-A

Preliminary Decree for Foreclosure

[Order 34, Rule 2]

(Where the Court declares the amount due.)

(Title)

This suit coming on this………..day, etc.; It is hereby declared that the amount due to the plaintiff on his mortgage mentioned in the plaint calculated up to this……….day of…………..is the sum of Rs…………..for principal, the sum of Rs……..for interest on the said principal, the sum of Rs…….for costs, charges and expenses (other than the costs of the suit) properly incured by the plaintiff in respect of the mortgage-security, together with interest thereon, and the sum of Rs. ……….for the costs of this suit awarded to the plaintiff, making in all sum of Rs……….2. And it is hereby ordered and decreed as follows:—(i) that the defendant do pay into Court on or before for………day of……..or any later date up to which time for payment may be extended by the Court of the said sum of Rs……..;(ii) that, on such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due 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 34 of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the defendant, or to such person as he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by the plaintiff or any person claiming under him or any person under whom he claims and free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said property.3. And it is hereby further ordered and decreed that, in default if 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, of 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.

Schedule

Description of the mortgaged property

High Court Amendment-[Kerala].-Delete Form No. 3-A [Noti. No. DI-22480/85, dated 20.11.1990].

No. 4

Final Decree for Foreclosusre

(Order 34, Rule 3.)

(Title)

Upon reading the preliminary decree in this suit on the……..day of……..and further orders (if any) dated the………day of……..and the application of the plaintiff dated the………day of………for a final decree and after hearing the parties and it appearing that the payment directed by the said decree and orders had not been made by the defendant or any person on his behalf or any other person entitled to redeem the said mortgage;It is hereby ordered and decreed that the defendant and all persons claiming through or under him be and they are hereby absolutely debarred and foreclosed of and from all right of redemption of and in the property in the aforesaid preliminary decree mentioned; Words not required to be deleted.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.High Court Amendment-[Kerala].-For Form no. 4 substitute the following:-

No. 4

DECREE FOR FORECLOSURE

Order 34, Rule 2

(Title)

This suit coming on this ………………………. day, etc., it is hereby declared that the amount due to the plaintiff on his mortgage mentioned in the plaint calculated up to this ……………………. day of …………………… is the sum of Rs……………………. for principal, the sum of Rs…………………… for interest on the said principal, the sum of Rs ……………………. for costs, charges and expenses (other than the costs of the suit) properly incurred by the plaintiff in respect of the mortgage security, together with interest thereon and the sum of Rs ……………… for the costs of this suit awarded to the plaintiff, making in all the sum of Rs …………………..2. And it is hereby ordered and decreed as follows:

(i) that the defendant to pay into Court on or before the day of ……………… or any later date up to which time for payment may be extended by the Court of the said sum of Rs …………………..

(ii) that, on such payment and on payment thereafter before such date as the Court may fix, or such amount, with interest if any, as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 7 of Order 34 of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring into Court all documents, in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the defendant, or to such person as he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all encumbrances created by the plaintiff or any person claiming under him or any person under whom he claims and free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said property.3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant and all persons claiming through or under him be and they are hereby absolutely debarred and foreclosed of and from all right of redemption of and in the property described in the schedule annexed hereto *[and (if the defendant be in possession of the said mortgaged property) that the defendant shall deliver to the plaintiff quiet and peaceable possession of the said mortgaged property] and that the whole of the liability whatsoever of the defendant up to the date mentioned in (2)(i) arising from the said mortgage mentioned in the plaint or from this suit is hereby discharged and extinguished.

Schedule

Description of the mortgaged property [Noti. No. D1-22480/85, dated 20-11-1990].

*Words not required to be deleted.

No. 5

Preliminary Decree for Sale

[Order 34, Rule 4—Where accounts are directed to be taken]

(Title)

This suit coming on this……..day, etc,; It is hereby ordered and decree that it be referred to as the Commissioner to take the accounts following:—(i) an account of what is due on this date to the plaintiff for principal and interest on his mortgage mentioned in the plaint (such interest to be computed at the rate payable on the principal or where no such rate is fixed, at six per cent, per annum or at such rate as the Court deems reasonable);(ii) an account of the income of the mortgaged property received up to this date by the plaintiff or by any other person by the order or for the use of the plaintiff or which without the wilful default of the plaintiff or such person night have been se received;(iii) an account of all sums of money properly incurred by the plaintiff up to this date for costs, charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together with interest thereon(such interest to be computed at the rate agreed between the parties, or, failing such rate, at the same rate as is payable on the principal, or, failing both such rates, at nine per cent. per annum);(iv) an account of any loss or damage caused to the mortgaged property before this date by any act or omission of the plaintiff which is destructive of, or permanently injurious to, the property or by his failure to perform any of the duties imposed upon him by any law for the time being in force or by the terms of the mortgage-deed.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 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 order and decreed—

(i) that the defendant do pay into Court on or before the……..day of………or any later date up to which time for payment may be extended by the Court, such sum as the Court shall find due and the sum of Rs………for the costs of the suit awarded to the plaintiff;

(ii) that on such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due 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 34 of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the defendant, or to such person as he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the mortgage and clear of and from all incumbrances created by the plaintiff or any person claiming under him or any person under whom he claims and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said property.

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 order 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 34 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.

Schedule

Description of the mortgaged property.

High Court Amendment-[Kerala].-Delete Form No. 5 [Noti. No. 5 DI-22480/85, dated 20.11.1990].

No. 5-A

Preliminary Decree for Sale

(Order 34, Rule 4,—When the Court declares the amount date.)

(Title)

This suit coming on this. . . . . . . . . . .day etc; It is hereby declared that the amount due to the plaintiff on the mortgage mentioned in the plaint calculated up to this. . . . . . . . . . . . . .day of. . . . . . . . . . .is the sum of Rs. . . .. . . . . for principal, the sum of Rs. . . . . . . . . . . . . for interest on the said principal, the sum of Rs. . . . . . . . . . . .. for costs, charges and expenses (other than the costs of the suit) properly incurred by the plaintiff in respect of the mortgage-security, together with interest thereon, and the sum of Rs. . . . . . . . . . . . . for the costs of the suit awarded to the plaintiff, making in all the sum of Rs.2. And it is hereby ordered and decreed as follows:—(i) that the defendant do pay into Court on or before the. . . . . . . . . . . . .day of. . . . . . . . . . or any later date up to which time for payment may be extended by the Court, the said sum of Rs. . . . . . . . . . .;(ii) that, on such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such costs of the suit and such cost, charges and expenses as may be payable under rule 10, together with such subsequent interest as may be payable under rule 11, of Order 34 of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the defendant, or to such person as he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by the plaintiff or any person claiming under him or any person under whom he claims and shall, if so-required deliver up to the defendant quiet and peaceable possession of the said property.3. And it is hereby further ordered and decreed that, it 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 sufficeint 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 of 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 34 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 received the same.5. And it is hereby further ordered and decreed that, if the money realised by such sale such not be sufficient for 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 buy 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.

Schedule

Description of the mortgaged property No. 6

High Court Amendment-[Kerala].-Delete Form No. 5-A [Noti. No. DI-22480/85, dated 20.11.1990].

No. 6

Final Decree for Sale

(Order 34, Rule 5)

(Title)

Upon reading the preliminary decree passed in this suit on the. . . . . . . . . . day of. . . . . . . . . . and further orders(if any) dated the. . . . . . . . . . .day of. . . . . . . . . . .and the application of the plaintiff dated the. . . . . . . . . . day of.. . . . . . . . . .for a final decreed and after hearing the parties and it appearing that the payment directed by the said decree and orders has not been made by the defendant or any person on his behalf or any other person entitled to redeem the mortgage;It is hereby ordered and decreed that the mortgaged property in the aforesaid preliminary decree mentioned or a sufficient part thereof be sold, and that 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.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 34 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.High Court Amendment-[Kerala].-For Form No. 6 substitute the following namely:-

No.6

DECREE FOR SALE

(Order 34, Rule 3)

(Title)

This suit coming on this …………………. day, etc.; It is hereby declared that the amount due to the plaintiff on the mortgage mentioned in the plaint calculated up to this ……………………… day of ……………………. is the sum of Rs…………………… for principal, the sum of Rs……………………….. for interest on the said principal, the sum of Rs ……………………….. for costs, charges and expenses (other than the costs of the suit) properly incurred by the plaintiff in respect of the mortgage-security, together with interest thereon, and the sum of Rs ………………………. for the costs of the suit awarded to the plaintiff, making in all the sum of Rs ………………………….2. And it is hereby ordered and decreed as follows:

(i) that the defendant do pay into Court on or before the day of …………………………….. or any later date up to which time for payment may be extended by the Court, the said sum of Rs …………………….

(ii) that, on such payment and on payment thereafter before such date as the Court may fix, of such amount, with interest, if any, as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 7 of Order 34 of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned and all such documents shall be delivered over to the defendant, or to such person as he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all encumbrances created by the plaintiff or any person claiming under him or any person under whom he claims and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said property.

3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the mortgaged property described in the schedule annexed hereto or a sufficient part thereof be sold, and that for the purpose 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 deducting therefrom the expenses of the sale) in payment of the amount payable to the plaintiff under this decree and in payment of any amount, with interest, if any, which the Court may have adjudged due to the plaintiff in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 7 of Order 34 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 for payment in full of the amount payable to the plaintiff as aforesaid, the balance, if legally recoverable from the defendant otherwise than out of the property sold, be paid by the defendant personally.

Schedule

Description of the mortgaged property [Noti. No. D1-22480/85, dated 20-11-1990].

No. 7

Preliminary Decree for Redemption where on Default of Payment by Mortgagor a Decree for Foreclosure is Passed

(Order 34, Rule 7.-Where accounts are directed to be taken.)

(Title)

This suit coming on this. . . . . . . . . . day, etc.; It is hereby ordered and decreed that it be referred to as the Commissioner to take the account following:—(i) an account of what is due on this date to the defendant for principal and interest on the mortgage mentioned in the plaint (such interest to be computed at the rate payable on the principal or where no such rate is fixed, at six per cent per annum or at such rate as the Court deems reasonable);(ii) an account of the income of the mortgaged property received up to this date by the defendant or by any other person by order or for the use of the defendant or which without the wilful default of the defendant or such person might have been so received;(iii) an account of all sums of money properly incurred by the defendant up to this date for costs, charges and expenses (other than the costs of the suit) in respect of the mortgage-security together with interest thereon (such interest to be computed at the rate agreed between the parties, or, failing such rate, at the same rate as it payable on the principal, or, failing both such rate, at nine per cent per annum);(iv) an account of any loss or damage caused to the mortgaged property before this date by any act or omission of the defendant which is destructive of, or permanently injurious to, the property or by his failure to perform any of the duties imposed upon him by any law for the time being in force or by the term of the mortgage-deed.2. It is hereby further ordered and decreed that any amount received under clause (ii) or adjudged due under caluse (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 mortgagemoney, 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 conveninent 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 countersigend, 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—(i) that the plaintiff to pay into Court on or before the. . . . . . . . . . . . . day of. . . . . . . . . . , or any later date up to which time for payment may be extended by the Court, such sum as the Court shall find due and the sum of Rs. . . . . . . . . . . . . . . . . .for the costs of the suit awarded to the defendant;(ii) that, on such payment, and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due 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 34 of the First Schedule to the Code of Civil Procedure, 1908, the defendant shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over the the plaintiff, or to such person as he appoints, and the defendant shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by the defendant or any person claiming under him or any person under whom he claims and free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said property.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 otherswise the Court may give such directions as it thinks fit.

Schedule

Description of the mortgaged property

High Court Amendment-[Kerala].-Delete Form No. 7 [Noti. No. DI-22480/85, dated 20.11.1990].

No. 7-A

Preliminary Decree for Redemption where on Default of Payment by Mortgagor a Decree for Sale is Passed

(Order 34, Rule 7.—Where accounts are directed to be taken.)

(Tile)

This suit coming on this . . . . . . . . . . . . . .day, etc.; It is herby ordered and decreed that it be referred to . . . . .. . . . . . . . . . . as the Commissioner to take the accounts following:—(i) an account of what is due on this date to the defendant for principal and interest on the mortgage mentioned in the plaint (such interest to be computed at the rate payble on the principal or where no such rate is fixed, at six per cent per annum or at such rate as the Court deems reasonable);(ii) an account of the income of the mortgaged property received up to this date by the defendant or by any other person by the order or for the use of the defendant or which without the wilful default of the defendant or such person might have been so received;(iii) an account of all sums of money property incurred by the defendant upto this date for costs, charges and expenses (other than the costs of the suit) in respect of the mortgage-security together with interest thereon(such interest to be computed at the rate agreed between the parties, or, failing such rate, at the same rate as is payable on the principal, or, failing both such rates, at nine per cent per annum);(iv) an account of any loss or damage caused to the mortgaged property before this date by any act or ommission of the defendant which is destructive of, or permanently injurious to, the property or by his failure to perform any of the duties imposed upon him by any law for the time being in force or by the terms of the mortgaged-deed.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—(i) that the plaintiff do pay into Court on or before the. . . . . . . . . . .day. . . . . . . . . . .of or any later date up to which time for payment may be extended by the Court, such sum as the Court shall find due and the sum of Rs. . . . . . . . . . . . . . . . . . . . for the costs of the suit awarded to the defendant;(ii) that, or such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due 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 34 of the First Schedule to the Code of Civil Procedure, 1908, the defendant shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the plaintiff, or to such person as he appoints, and the defendant shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by the defendant or any person claiming under him or any person under whom the claims and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said property.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 purpose 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.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 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 34 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 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.

Schedule

Description of the mortgaged property

High Court Amendment-[Kerala].-Delete Form No. 7-A [Noti No. DI-22480/85, dated 20.11.1990].

No. 7-B

Preliminary Decree for Redemption where on Default of Payment by Mortgagor a Decree for Foreclosure is Passed

(Order 34, Rule 7.—Where the Court declares the amount due.)

(Title)

This suit coming on this. . . . . . . . . . . . . . . . . day, etc.; It is hereby declared that the amount due to the defendant on the mortgage mentioned in the plaint calculated up to this. . . . . . . . . . . . . . . . day of. . . . . . . . . . . .. . . . is the sum of Rs. . . . . . . . . . . . . . . . . .for principal, the sum of Rs. . . . . . . . . . . . . . . . . .for interest on the said principal the sum of Rs. . . . . . . . . . . . . . . . . .for costs, charges and expenses (other than the costs of the suit) properly incurred by the defendant in respect of the mortgage-security together with interest thereon,203 and the sum of Rs. . . . . . . . . . . . . . . . . .for the costs of the suit awarded to the defendant, making in all the sum of Rs.2. And it is hereby ordered and decreed as follows:—(i) that the plaintiff do pay into Court on or before the . . . . . . . . . . . . . . . . day of. . . . . . . . , or any later date up to which time for payment may be extended by the Court the said sum of Rs. . . . . . . . . . . .;(ii) that, on such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due in respect of such cost 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 34 of the First Schedule to the Code of Civil Procedure, 1908, the defendant shall bring into Court all documents shall be delivered over to the plaintiff, or to such person as he appoints, and the defendant shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by the defendant or any person claiming under him or any person under whom he claims, and free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said property.3. And it is hereby further ordered and decrees 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.

Schedule

Description of the mortgaged property

High Court Amendment-[Kerala].-Delete Form No. 7-B [Noti. No. DI-22480/85, dated 20.11.1990].

No. 7-C

Preliminary Decree for Redemption where on Default of Payment by Mortgagor a Decree for Sale is Passed

(Order 34, rule 7.—.Where the Court declares the amount due.)

(Title)

This suit coming on this. . . . . . . . . . . . . . . . . day, etc., It is hereby declared that the amount due to the defendant on the mortgage mentioned in the plaint calculated up to this. . . . . . . . . . . . . . . . day of. . . . . . . . . . . .. . . . is the sum of Rs. . . . . . . . . . . . . . . . . .for principal, the sum of Rs. . . . . . . . . . . . . . . . . .for interest on the said principal, the sum of Rs. . . . . . . . . . . . . . . . . .for costs, charges and expenses (other than the costs of the suit) properly incurred by the defendant in respect of mortgage-security together with interest thereon, and the sum of Rs. . . . . . . . . . . . . . . . . .for the cost of this suit awarded to the defendant, making in all the sum of Rs.2. And it is hereby ordered and decreed as follows:—(i) that the plaintiff do pay into Court on or before the. . . . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . . . or any later date up to which time the payment may be extended by the Court the said sum of Rs. . . . . . . . . . . . . . . . . .;(ii) that, on such payment and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due 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 34 of the First Schedule to the Code of Civil Procedure, 1908, the defendant shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the plaintiff or such person as he appoints, and the defendant shall, if so required, reconvey or re-transfer the said property to the plaintiff free from the said mortgage and clear of and from all incumbrances created by the defendant or any person claiming under him or any person under whom he claims and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said property.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 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 34 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.

Schedule

Description of the mortgaged property

High Court Amendment-[Kerala].-Delete Form No. 7-C [Noti. No. DI-22480/85, dated 20.11.1990].

No. 7-D

Final Decree for Foreclosure in a Redemption Suit on Default of Payment by Mortgagor

(Order 34, Rule 8.)

(Title)

Upon reading the preliminary decree in this suit on the. . . . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . . . and further orders (if any) dated the. . . . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . . . , and the application of the defendant dated the. . . . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . . . for a final decree and after hearing the parties, and it appearing that the payment as directed by the said decree and orders has not been made by the plaintiff or any person on his behalf or any other person entitled to redeem the mortgage ;It is hereby ordered and decreed that the plaintiff and all person claiming through or under him be and they are hereby absolutely debarred and foreclosed of and from all right of redemption of and in the property in the aforesaid preliminary decree mentioned [and (if the plaintiff be in possession of the said mortgaged property) that the plaintiff shall deliver to the defendant quiet and peaceable possession of the said mortgaged property].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.*Words not required to be deleted.

No. 7-D

DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE FOR FORECLOSURE IS PASSED

(Order 34, Rule 4)

(Title)

This suit coming on this ………………… day, etc., It is hereby declared that the amount due to the defendant on the mortgage mentioned in the plaint calculated upto this ………………………………………………. day of ………………………………………………….. is the sum of Rs. ………………………… for principal, the sum of Rs …………………………….. for interest on the said principal, the sum of Rs ……………………………………… for costs, charges and expenses (Other than the costs of the suit) properly incurred by the defendant in respect of the mortgage security together with interest thereon, and the sum of Rs …………………………………………. for the costs of the suit awarded to the defendant, making in all the sum of Rs ………………………….2. And it is hereby ordered and decreed as follows:

(i) that the plaintiff do pay into Court on or before the day of …………………… or any later date upto which time for payment may be extended by the Court the said sum of Rs ………………………..

(ii) that on such payment and on payment thereafter, before such date as the Court may fix, of such amount, with interest, if any, as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 7 of Order 34 of the First Schedule to the Code of Civil Procedure, 1908, the defendant shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned and all such documents shall be delivered over to the plaintiff, or to such person as he appoints, and the defendant shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all encumbrances created by the defendant or any person claiming under him or any person under dvhom he claims and from all liability whatsoever arising from the mortgage or from this suit and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said property.

3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff and all persons claiming through or under him be and they are hereby absolutely debarred and foreclosed of and from all right of redemption of, and in the property described in the schedule annexed hereto*and (if the plaintiff be in possession of the said mortgaged property) that the defendant shall deliver to the plaintiff quiet and peaceable possession of the said mortgaged property; and that the whole of the liability whatsoever of the plaintiff upto the date mentioned in (2)(i) arising from the said mortgage mentioned in the plaint or from this suit is hereby discharged and extinguished.

Schedule

(Description of the Mortgaged property) [Noti. No. D1-22480/85, dated 20-11-1990].

*Words not required to be deleted.

No. 7-E

Final Decree for Sale in a Redemption on Suit on Default of Payment by Mortgagor

(Order 34, Rule 8)

(Title)

Upon reading the preliminary decree passed in this suit on the. . . . . . . . . . .day of. . . . . . . . . . . . . .and further order (if any) dated the. . . . . . . . . . .day of. . . . . . . . . . . . . ., and the application of the defendant dated the. . . .. . . . . day of. . . . . . . . . . .for a final decree and after hearing the parties and it appearing that the payment directed by the said decree and orders has not been made by the plaintiff or any person on his behalf or any other person entitled to redeem the mortgage;It is hereby ordered and decreed that the mortgaged property in the aforesaid preliminary decree mentioned or a sufficient part thereof be sold and that 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.2. And it is hereby 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 10, together with the subsequent interest as may be payable under rule 11, of Order 34 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 person entitled to receive the same.High Court Amendment-[Kerala].-For Form No. 7-E substitute the following:-

No. 7-E

DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE FOR SALE IS PASSED

Order 34,Rule 4

(Title)

This suit coming on this …………………………. day, etc. It is hereby declared that the amount dueto the defendant on the mortgage mentioned in the plaint calculated upto this day of …………………. is the sum of Rs…………………… for principal, the sum of Rs………………………… for interest on the said principal, the sum of Rs ……………………….. for costs, charges and expenses (other than the costs of the suit) properly incurred by the defendant in respect of the mortgage-security together with interest thereon, and the sum of Rs ………………………. for the costs of this suit awarded to the defendant, making in all the sum of Rs ………………………………2. And it is hereby ordered, and decreed as follows:

(i) that the plaintiff do pay into Court-on or before the day of plaint or any later date upto which time for payment may be extended by the Court the said sum of Rs ……………………….

(ii) that, on such payment and on payment thereafter, before such date as the Court may fix of such amount with interest, if any, as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 7 of Order 34 of the First Schedule to the Code of Civil Procedure, 1908, the defendant shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned and all such documents, shall be delivered over to the plaintiff, or to such person as he appoints, and the defendant shall, if so required, re-convey or re-transfer the said property to the plaintiff free from the said mortgage and clear of and from all encumbrances created by the defendant or any person claiming under him or any person under whom he claims and shall, if so required, deliver up to the plaintiff quiet and peaceable possession of the said property.

3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the mortgaged property described in the Schedule annexed hereto or a sufficient part thereof be sold, and that for the purpose 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 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 have been passed in this suit and in payment of any amount,.-with interest, if any, which the Court may have adjudged due to the defendant for such costs of the suit including the costs of this application and such costs, charges and expenses as may be payable under Rule 7 of Order 34 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.5. 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 balance, if legally recoverable from the plaintiff otherwise than out of the property sold, be paid by the plaintiff personally.

Schedule

(Description of the mortgaged property) [Noti. No. D1-22480/85, dated 20-11-1990].*Words not required to be deleted.

No. 7-F

Final Decree in a Suit for Foreclosure, Sale or Redemption where the Mortgagor Pays the Amount of the Decree

(Order 34, Rules 3, 5 and 8)

(Title)

This suit coming on this. . . . . . . . . . day for further consideration and it appearing that on the . . . . . . . . . . . ..day of. . . . . . . . . . . . . .the mortgagor or. . . . . ., the same being a person entitled to redeem, has paid into Court all amounts due to the mortgagee under the preliminary decree dated the. . . . . . . . day of. . . . . . . . ; It is hereby ordered and decreed that:—(i) the mortgagee do execute a deed of re-conveyance of the property in the aforesaid preliminary decree mentioned in favour of the mortgagor[or, as the case may be,. . . . . . . . . . who has redeemed the property] or an acknowledgment of the payment of the amount due in his favour;(ii) the mortgagee do bring into Court all documents in his possession and power relating to the mortgaged property in the suit.And it is hereby further ordered and decreed that, upon the mortgagee executing the deed of re-conveyance or acknowledgment in the manner aforesaid,—(i) the said sum of Rs. . . . . . . . . . . . . be paid out of Court to the mortgagee;(ii) the said deeds and documents brought into the Court be delivered out of Court to the mortgagor [or the person making the payment] and the mortgagee do, when so required, concur in registering, at the cost of the mortgagor [or other person making the payment], the said deed of re-conveyance or the acknowledgment in the officer of the Sub-registrar of. . . . . . . . . . ; and(iii) [if the mortgagee, plaintiff or defendant, as the case may be, is in possession of the mortgaged property] that the mortgagee do forthwith deliver possession of the mortgaged property in the aforesaid preliminary decree mentioned to the mortgagor [or such person as aforesaid who has made the payment.]*Words not required to be deleted.High Court Amendment.-[Kerala].-Delete Form no. 7-F [Noti. No. DI-22480/85, dated 20.11.1990].

No. 8

Decree against Mortgagor Personally for Balance after the Sale of the Mortgaged Property

(Order 34, Rules 6 and 8A)

(Title)

Upon reading the application of the mortgagee (the plaintiff or defendant, as the case may be) and reading the final decree passed in the suit on the. . . . . . . . day of. . . . . . . . . . and the Court being satisfied that the net proceeds of the sale held under the aforesaid final decree amounted to Rs. . . . . . . . . . . . . . . . . . . . . . and have been paid to the applicant out of the Court on the day of. . . . . . and that the balance now due to him under the aforesaid decree of Rs. . . . . . . . ;And whereas it appears to the Court that the said sum is legally recoverable from the mortgagor (plaintiff or defendant, as the case may be) personally;It is hereby ordered and decreed as follows:—That the mortgagor (plaintiff or defendant, as the case may be) do pay to the mortgagee (defendant or plaintiff, as the case may be) the said sum of Rs. . . . . . with further interest at the rate of six per cent per annum from the. . . . . . . . day of. . . . . . (the date of payment out of Court referred to above) up to the date of realisation of the said sum, and the costs of this application.High Court Amendment-[Kerala].-Delete Form No. 8 [Noti. No. Di-22480/85, dated 20.11.1990].

No. 9

Preliminary Decree for Foreclousre of Sale

[Plaintiff

1st Mortgagee,

vs.

Defendant No. 1

Mortgagor,

Defendant No. 2

2nd Mortgagee.]

(Order 34, Rules 2 and 4)

(Title)

The suit coming on this . . . . . . . . . . . . . . . . . . . . . . . . . . . . . day, etc; It is hereby declared that the amount due to the plaintiff on the mortgage mentioned in the plaint calculated up to this day of. . . . . . . . . . . . . . is the sum of Rs. . . . . . for principal, the sum of Rs. . . .for interest on the said principal, the sum of Rs. . . . . . . . . . .for costs, charges and expenses (other than the costs of the suit) incurred by the plaintiff in respect of the mortgage-security with interest thereon and the sum of Rs. . . . . . . . . . . . .for the costs of this suit awarded to the plaintiff, making in all the sum of Rs. . . . . . . .(Similar declarations to be introduced with regard to the amount due to defendant No. 2 in respect of his mortgage if the mortgage-money due thereunder has become payable at the date of the suit.)2. It is further declared that the plaintiff is entitled to payment of the amount due to him in priority to defendant No. 2 [or (if there are several subsequent mortgagees) that the several parties hereto are entitle in the following order to the payment of the sums due to them respectively;—]3. And it is hereby ordered and decreed as follows:—(i) (a) that defendants or one of them do pay into Court on or before the day of . . . . . . . . . . or any later date up to which time for payment has been extended by the Court the said sum of Rs. . . . . . . . . . .due to the plaintiff; and(b) that defendant No. 1 do pay into Court on or before the day of. . . . . . or any later date up to which time for payment has been extended by the Court the said sum of Rs. . . . . . . . due to defendant No. 2; and(ii) that, on payment of the sum declared to be due to the plaintiff be defendant or either of them in the manner prescribed in clause (i)(a) and on payment thereafter before such date as the Court may fix and such expenses as may be payable under rule 10, together with such subsequent interest as may be payable shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and shall all such documents shall be delivered over to the defendant No. . . . . . (who has made the payment), or to such person as he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the said mortgagee and clear of and from all incumbrances created by the plaintiff or any person claiming under him or any person under whom he claims, and also free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the defendant No. . . .(who has made the payment) quiet and peaceable possession of the said property.(Similar declarations to be introduced, if defendant No. 1 pays the amount found or declared to be due to defendant No. 2 with such variations as may be necessary having regard to the nature of his mortgage.)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—(i)[in the case of a mortgage by conditional sale or an anomalous mortgage where the only remedy provided for in the mortgage-deed is foreclosure and not sale] that the defendants jointly and severally 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 to the plaintiff quiet and peaceable possession of the said property; or(ii)[in the case of any other mortgage] that the mortgaged property or a sufficient part thereof shall be sold; and that for the purposes of such sale the plaintiff shall produce before Court or such officer as it appoints, all documents in his possession or power relating to the mortgaged property; and(iii)[in the case where a sale is ordered under clause (4) (ii) above] 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) in payment of the amount payable to the plaintiff under this decree and under any further orders that may have been passed in this suit and in payment of the 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 34 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 the defendant No. 1 or other persons entitled to receive the same; and(iv) that, if the money realised by such sale shall not be sufficient for payment in full of the amounts due 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 (when such remedy is open under the terms of 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. 1 for the amounts remaining due to them respectively.5. And it is hereby further ordered and decreed—(a) 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 the payment of the said amount, defendant No. 2 shall be at liberty to apply to the Court to keep the plaintiff’s mortgage alive for his benefit and to apply for a final decree (in the same manner as the plaintiff might have done under clause 4 above)—[(i) that defendant No. 1 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 defendant No. 2 quiet and peaceable possession of the said property;] or[(ii) that the mortgaged property or a sufficient part thereof be sold and that for the purposes of such sale defendant No. 2 shall produce before the Court or such officer as it appoints, all documents in his possession or power relating to the mortgaged property;] and(b) (if on the application of defendant No. 2 such a final decree for foreclosure is passed), that the whole of the liability of defendant No. 1 arising from the plaintiff’s mortgage or from the mortgage of defendant No. 2 or from this suit shall be deemed to have been discharged and extinguished.6. And it is hereby further ordered and decreed [in the case where a sale is ordered under clause 5 above](i) 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 paid by defendant No. 2 in respect of the plaintiff’s mortgage and the costs of the suit in connection therewith and in payment of the amount which the Court may adjudge due in respect of subsequent interest on the said amount; and that the balance, if any, shall then be applied in payment of the amount adjudged due to defendant No. 2 in respect of his own mortgage under this decree and any further orders that may be passed and in payment of the amount which the Court may adjudge due in respect of such costs of this suit and such costs, charges and expenses as may be payable to defendant No. 2 under rule 10, together with such subsequent interest as may be payable under rule 1, of Order 34 of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to defendant No. 1 or other persons entitled to receive the same; and(ii) that, if the money realised by such sale shall not be sufficient for payment in full of the amount due in respect of the plaintiff’s mortgage or defendant No. 2’s mortgage, defendant No. 2 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 No. 1 for the amount of the balance.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.

Schedule

Description of the mortgaged property

*Words not required to be deleted.High Court Amendment-[Kerala].-For Form No.9 substitute the following:-

No. 9

DECREE FOR FORECLOSURE OR SALE

Plaintiff …

1st Mortgagee

vs.

Defendant No. 1 …

Mortgagor

Defendant No. 2 …

2nd Mortgagee

(0rder XXXIV Rule 2 and 3)

(Title)

The suit coming on this …………………. day, etc. it is hereby declared that the amount due to the plaintiff on the mortgage mentioned in the plaint calculated up to this ………………. day of …………… is the sum of Rs…………………… for principal, the sum of Rs…………. for interest on the said principal, the sum of Rs ……………………… for costs, charges and expenses other than the costs of the suit incurred by the plaintiff in respect of the mortgage-security with interest thereon and the sum of Rs ……………………. for the costs of the suit awarded to the plaintiff, making in all the sum of Rs ………………………(Similar declarations to be introduced with regard to the amount due to defendant No. 2 in respect of his mortgage if the mortgage money due thereunder has become payable at the date of the suit.)2. It is further declared that the plaintiff is entitled to payment of the amount due to him in priority to defendant No. 2 or * (if there are several subsequent mortgagees) 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:(i) (a) that the defendants or one of them do pay into Court on or before the ……………….. day of ……………….. for any later date upto which time or payment has been extended by the Court the said sum of Rs …………………………….. due to the plaintiff; and(b) that defendant No. 1 do pay into Court on or before the ……………… day of ………………………… or any later date upto which time for payment has been extended by the Court the said sum of Rs ……………………….. due to defendant No. 2; and(ii) that, on payment of the sum declared to be due to the plaintiff by defendant or either of them in the manner prescribed in clause (i)(a) and on payment thereafter, before such date as the Court may fix of such amount, with interest, if any, as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 7 of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned and all such documents, shall be delivered over to the defendant No ……………………………… (who has made the payment), or to such person as he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all encumbrances created by the plaintiff or any person claiming under him or any person under whom he claims, and also free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the defendant No ………………………… (who has made the payment) quiet and peaceable possession of the said property.(Similar declaration to be introduced if defendant No. 1 pays the arhount found or declared to be due to defendant No. 2 with such variations as may be necessary having regard to the nature of his mortgage.)4. And it is hereby ordered and decreed that, in default of payment as aforesaid, of the amount due to the plaintiff:*(i) (in the case of a mortgage by conditional sale or an anomalous mortgage where the only remedy provided for in the mortgage deed is foreclosure and not sale) that the defendants jointly and severally shall thence-forth 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 to the plaintiff quiet and peaceable possession of the said property, or*(ii) (in the case of any other mortgage) that the mortgaged property or a sufficient part thereof shall be sold; and that 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; and*(iii) (in cases where a sale is ordered under clause 4 (ii) above) that the money realised by such sale shall be paid into Court and be duly applied (after deducting there-from the expenses of the sale) in payment of the amount payable to the plaintiff under this decree and under any further orders that may have been passed after decree and in payment of the amount, with interest, if any, which the Court may have adjudged due to the plaintiff in respect of such costs of this suit and such costs, charges and expenses as may be payable under rule 7 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 further balance be left, it shall be paid to defendant No. 1 or other persons entitled to receive the same; and(iv) that, if the money realised by such sale shall not be sufficient for payment in full of the amount due to the plaintiff and defendant No. 2, the balance if legally recoverable from defendant No. 1 otherwise than out of the property sold, be paid by defendant No. 1 personally to the plaintiff or defendant No. 2 or both of them, as the case may be.5. And it is hereby further ordered and decreed:(a) 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 the payment of the said amount, defendant No. 2 shall be entitled to keep the plaintiff’s mortgage alive for his benefit, and he shall be entitled to benefits similar to those conferred upon the plaintiff as per clause 4 above

*(i) that defendant No. 1 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 defendant No. 2 quiet and peaceable possession of the said property; or

*(ii) that the mortgaged property or a sufficient part thereof be sold and that for the purpose of such sale defendant No. 2 shall produce before the Court or such officer as it appoints all documents in his possession or power relating to the mortgaged property; and

(b) *(in the case of a mortgage by conditional sale or an anomalous mortgage where the only remedy provided for in the mortgage deed is foreclosure and not sale), that the whole of the liability of defendant No. 1 arising from the plaintiff’s mortgage or from the mortgage of defendant No. 2 or from this suit shall be deemed to have been discharged and extinguished.6. And it is hereby further ordered and decreed *(in the case where a sale is ordered under Clause 5 above).(i) that the money realised by such sale shall be paid into Court and be duly applied (after deducting therefrom the expenses of the sale) first in payment of the amount paid by defendant No. 2 in respect of the plaintiff’s mortgage and the costs of the suit in connectiontherewith, and that the balance if any, shall then be applied in payment of the amount adjudged due to defendant No. 2 in respect of his own mortgage under this decree and any further orders that may be passed after decree and in payment of the amount, with interest if any, which the Court may have adjudged due in respect of such costs of the suit and such costs, charges and expenses as may be payable to defendant No. 2 under Rule 7 of Order XXXIV of the First Schedule to the Code of the Civil Procedure, 1908, and that the further balance if any, shall be paid to defendant No. 1 or other persons entitled to receive the same;and(ii) that, if the money realised by such sale shall not be sufficient for payment in full of the amount due in respect of the plaintiff’s mortgage or defendant No. 2’s mortgage, the balance, if legally recoverable from defendant No. 1, otherwise than out of the property sold, be paid by defendant No. 1, personally to defendant No. 2.

Schedule

Description of the mortgaged property [Noti. No. D1-22480/85, dated 20-11-1990].

*Words not required to be deleted.

No. 10

Preliminary Decree for Redemption of Prior Mortgage and Foreclosure of Sale on Subsequent Mortgage

[Plaintiff

Mortgagor,

vs.

Defendant No. 1

Mortgagor

Defendant No. 2

1st Mortgagee]

(Order 34, rules 2, 4 and 7)

(Title)

The suit coming on this. . . . . . day, etc; It is hereby declared that the amount due to defendant No. 2 on the mortgage mentioned in the plaint calculated up to this. . . . . . day of. . . . . . is the sum of Rs. . . . . . . . . . for principal, the sum of Rs. . . . . . for interest on the said principal, the sum of Rs. . . . . . . . for costs, charges and expenses (other than the costs of the suit) property incurred by defendant No. 2 in respect of the mortgagesecurity with interest thereon and the sum of Rs. . . for the costs of this suit awarded to defendant No. 2, making in all the sum of Rs.(Similar declarations to be introduced with regard to the amount due from defendant No. 1 to the plaintiff in respect of his mortgage if the mortgage-money due thereunder has become payable at the date of the suit.)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 mortgagees) 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:—(i)(a) that the plaintiff or defendant No. 1 or one of them do pay into Court on or before the. . . . . . day of. . . .. . or any later date up to which time for payment has been extended by the Court the said sum of Rs. . . . . . due to defendant No. 2; and(b) that defendant No. 1 do pay into Court on or before the. . . . . . . . day of. . . . . . or any later date up to which time for payment has been extended by the Court the said sum of. Rs. . . . . . . . due to the plaintiff; and(ii) that, on payment of the sum declared due to defendant No. 2 by the plaintiff and defendant No. 1 or either of them in the manner prescribed in clause (i) (a) and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due 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, or Order 34 of the First Schedule to the Code of Civil Procedure, 1908, defendant No. 2 shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the plaintiff or defendant No. 1(whoever has made the payment), or to such person as he appoints, and defendant No. 2 shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all incumbrances created by defendant No. 2 or any person claiming under him or any person under whom he claims, and also free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the plaintiff or defendant No. 1 (whoever has made the payment) quiet and peaceable possession of the said property.(Similar declarations to be introduced, if defendant No. 1 pays the amount found or declared due to the plaintiff with such variations as may be necessary having regard to the nature of his mortgage.)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 for a final decree—(i) [[in the case of a mortgage by conditional sale or an anomalous mortgage where the only remedy provided for in the mortgage-deed is foreclosure and not sale] that the plaintiff and defendant No. 1 jointly and severally 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 to the defendant No. 2 quiet and peaceable possession of the said property; or(ii) [[in the case of any other mortgage] that the mortgaged property or a sufficient part thereof shall be sold; and that for the purposes of such sale defendant No. 2 shall produce before the Court or such officer as it appoints, all documents in his possession or power relating to the mortgaged property; and(iii) [[in the case where a sale is ordered under clause 4(ii) above] 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) in payment of the amount payable to defendant No. 2 under the decree and any further orders that may be passed in this suit and in payment of the amount which the Court may adjudge due to defendant No. 2 in respect of such costs of the suit and such costs, charges and expenses as may be payable to the plaintiff under rule 10, together with such subsequent interest as may be payable under rule 11, or Order 34 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 the plaintiff and that, if any balance be left, it shall be paid to defendant No. 1 or other persons entitled to receive the same; and(iv) that, if the money realised by such sale shall not be sufficient for payment in full of the amounts due to defendant No. 2 and the plaintiff, defendant No. 2 or the plaintiff or both of them, as the case may be, shall be at liberty (when such remedy is open under the terms of 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. 1 for the amounts remaining due to them respectively.5. And it is hereby further ordered and decreed,—(a) that, if the plaintiff pays into Court to the credit of this suit the amount adjudged due to defendant No. 2 but defendant No. 1 makes default in the payment of the said amount, the plaintiff shall be at liberty to apply to the Court to keep defendant No. 2’s mortgage alive for his benefit and to apply for a final decree (in the same manner as the defendant No. 2 might have done under clause 4 above)[(i) that defendant No.1 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]

; or

[(ii) that the mortgaged property or a sufficient part thereof be sold and that 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 mortgage property;] and(b) (if on the application of defendant No. 2 such a final decree for foreclosure is passed), that the whole of the liability of defendant No. 1 arising from the plaintiff’s mortgage or from the mortgage of defendant No. 2 or from this suit shall be deemed to have been discharged and extinguished.6. And it is hereby further ordered and decreed (in the case where a sale is ordered under clause 5 above)(i) 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 paid by the plaintiff in respect of defendant No. 2’s mortgage and the costs of the suit in connection therewith and in payment of the amount which the Court may adjudge due in respect of subsequent interest on the said amount; and that the balance, if any, shall then be applied in payment of the amount adjudged due to the plaintiff in respect of his own mortgage under this decree and any further orders that may be passed and in payment of the amount which the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable to the plaintiff under rule 10, together with such subsequent interest as may be payable under rule 11, of Order 34 of the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to defendant No. 1 or other persons entitled to receive the same; and(ii) that, if the money realised by such sale shall not be sufficient for payment in full of the amount due in respect of the defendant No. 2’s mortgage or the plaintiff’s mortgage, defendant No. 2 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 defendant No. 1 for the amount of the balance.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.

Schedule

Description of the mortgaged property

High Court Amendments-[Andhra Pradesh].-Same as that of Madras.[Kerala].-For Form No. 10 substitute the following:-*Words not required to be deleted.

No.10

DECREE FOR REDEMPTION OF PRIOR MORTGAGE AND FORECLOSURE OR SALE ON SUBSEQUENT MORTGAGE

Plaintiff

2nd Mortgagee

vs.

Defendant

No. 1 Mortgagor

Defendant No. 2

1st Mortgagee

(Order 34, Rule 2,3 and 4)

(Title)

The suit coming on this ………………………….. day, etc., it is hereby declared that the amount dueto defendant No. 2 on the mortgage in the plaint calculated up to this …………………………… day of ……………………………………………. is the sum of Rs. ……………………………………. for principal, the sum of Rs …………………………………… for interest on the said principal, the sum of Rs………………………….. for costs, charges and expenses (other than the costs of the suit) properly incurred by defendant No. 2 in respect of the mortgage security with interest thereon and the sum of Rs …………………….for the costs of this suit awarded to defendant No. 2 making in all the sum of Rs ……………………………………(Similar declarations to be introduced with regard to the amount due from defendant No. 1 to the plaintiff in respect of his mortgage if the mortgage-money due thereunder has become payable at the date of the suit).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 mortgagees) 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:(i) (a) that the plaintiff or defendant No. 1 or one of them do pay into Court on or before the …………………………………… day of …………………………………… or any later date upto which time for payment has been extended by the Court the said sum of Rs …………………………. due to defendant No. 2, and

(b) that defendant No. 1 do pay into Court on or before the …………………………………… day of ……………………………………….. or any later date upto which time for payment has been extended by the Court the said sum of Rs ………………………………… due to the plaintiff; and

(ii) that, on payment of the sum declared due to defendant No. 2 by the plaintiff and defendant No.1 or either of them in the manner prescribed in clause (i) (a) and on payment thereafter, before such date as the Court may fix of such amount, with interest, if any, as the court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 7 of Order 34 of the First Schedule to the Code of Civil Procedure, 1908, defendant No. 2 shall bring into Court all documents in his possession or power relating to the mortgaged property in the plaint mentioned, and all such documents shall be delivered over to the plaintiff or defendant No. 1 (whoever has made the payment) or to such person as he appoints, and defendant No. 2 shall, if so required, re-convey or re-transfer the said property free from the said mortgage and clear of and from all encumbrances created by defendant No. 2 or any person claiming under him or any person under whom he claims, and also free from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver upto the plaintiff or defendant No. 1 (whoever has made the payment) quiet and peaceable possession of the said property.(Similar declarations to be introduced, if defendant No. 1 pays the amount found or declared due to the plaintiff with such variations as may be necessary having regard to the nature of his mortgage.)4. And it is hereby further ordered and decreed that, in default of payment as aforesaid, of the amount due to defendant No. 2.* (i) (in the case of a mortgage by conditional sale or an anomalous mortgage where the only remedy provided for in the mortgage deed is foreclosure and not sale) that the plaintiff and defendant No. 1 jointly and severally 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 to the defendant No. 2 quiet and peaceable possession of the said property; or* (ii) (in the case of any other mortgage) that the mortgaged property or a sufficient part thereof shall be sold and that for the purposes of such sale defendant No. 2 shall produce before the Court or such officer as it appoints all documents in his possession or power relating to the mortgaged property; and* (iii) [in the case where a sale is ordered under clause 4(ii) above] that the money realised by such sale shall be paid into Court and be duly applied (after deducting therefrom the expenses of the sale) in payment of the amount payable to defendant No. 2 under the decree and any further orders that may have been passed after decree and in payment of the amount with interest, if any, which the Court may have adjudged due to defendant No. 2 in respect of such costs of the suit and such costs, charges and expenses as may be payable to the plaintiff under rule 7 of Order 34 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 the plaintiff, and that, if any further balance be left, it shall be paid to defendant No. 1 or other person entitled to receive the same; and(iv) that, if the money realised by such sale shall not be sufficient for payment in full of the amounts due to defendant No. 2 and the plaintiff, the balance, if legally recoverable otherwise than out of the property sold, be personally paid by defendant No.1 to defendant No. 2 or the plaintiff or both of them, as the case may be.5. And it is hereby further ordered and decreed:(a) that if the plaintiff pays into Court to the credit of this suit the amount adjudged due to defendant No. 2 but defendant No. 1 makes default in the payment of the said amount, the plaintiff shall be entitled to keep defendant No. 2’s mortgage alive for his benefit and he shall be entitled to benefits similar to those conferred upon defendant No. 2 as per clause 4 above.

*(i) that defendant No. 1 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;] or

*[(ii) that the mortgaged property or a sufficient part thereof be sold and that 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;] and

*(b) (in the case of mortgage by conditional sale or an anomalous mortgage where the only remedy provided for in the mortgage-deed is foreclosure and not sale), that the whole of the liability of defendant No. 1 arising from the plaintiff’s mortgage and from the mortgage of defendant No. 2 or from this suit shall be deemed to have been discharged and extinguished.6. And it is hereby further ordered and decreed (in the case where a sale is ordered under clause 5 above)-(i) 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 paid by the plaintiff in respect of defendant No. 2’s mortgage and the costs of the suit in connection therewith, and that the balance, if any, shall then be applied on payment of the amount adjudged due to the plaintiff in respect of his own mortgage under this decree and any further orders that may be passed and in payment of the amount, with interest if any, which the Court may have adjudged due in respect of such costs of the suit and such costs, charges and expenses as may be payable to the plaintiff under rule 7 of Order 34 of the First Schedule of the Code of Civil Procedure, 1908, and that the further balance if any, shall be paid to defendant No. 1 or other persons entitled to receive the same; and (i) that, if the money realised by such sale shall not be sufficient for payment in full of the amount due in respect of defendant No. 2’s mortgage or the plaintiff’s mortgage, the balance, if legally recoverable otherwise than out of the property sold, be personally paid by defendant No. 1 to defendant No. 2.

Schedule

(Description of the mortgaged property) [Noti. No. D1-22480/85, dated 20-11-1990].*Words not required to be deleted.[Madras].-Insert the following as Forms Nos. 10-a and 10-B:-

“No.10-A

FINAL DECREE FOR SALE

[Order 34 Rule 5(2), or Order 34 Rule 8(4)]

(Title)

Upon reading the preliminary decree passed in the above suit and the application of the plaintiff/defendantdated ………………………… and upon hearing Mr……………………………………… for plaintiff and Mr …………………………………… for defendant and it appearing that the payment directed by the said decree has not been made:It is hereby directed as follows:(i) that the mortgaged property or a sufficient part thereof be sold and the proceeds of the sale (after defraying there out the expenses of the sale) be applied in payment of what is declared due to the plaintiff/defendant in the aforesaid preliminary decree together with subsequent interest and subsequent costs and that the balance, if any, be paid to the defendant or other person entitled to receive it: (ii) that if the net proceeds of the sale are insufficient to pay such amount and such subsequent interest and costs in full the Plaintiff/defendant be at liberty to apply for a personal decree for the amount of the balance; and defendant(iii) that the defendant/plaintiff do also pay plaintiff/defendant Rs ………………………….. for the cost of this application.[Here enter description of mortgaged property in English, or in the language of the Court.]Notes:-(1) In the case of a decree under Order 34, rule 5(2) score out the words “plaintiff” and “defendant” below the lines and in the case of a decree under Order 34, rule 8(4), score out the same words occurring above the lines.(2) Direction No. (2) should be struck out if the personal liability has not been adjudicated in the suit or has been decl ret nfif to exilst.

No. 10-B

FINAL DECREE FOR REDEMPTION

[Order 34 Rule 3(1), Order 34 Rule 5(1) and Order 34 Rule 8(1)]

(Title)

Upon reading the preliminary decree in the above suit on ………………………. and the application of the plaintiff/defendant I.A. No. dated and after hearing Mr. pleader for the ……………………….. and Mr. …………………………………… pleader :for the …………………………….. and it appearing that the payment directed by the aforesaid decree hAs been made:It is hereby decreed as follows:That the plaintiff/defendant to deliver up to the defendant/plaintiff or to such personas he appoints all documents in his possession or power relating to the mortgaged property and do also re-transfer the property to the defendant/plaintiff from the mortgage and from all encumbrances created by the plaintiff/defendant or any person claiming under him (or by those under whom he claims) and do also put the defendant/plaintiff in possession of the property.

Schedule

Description of the mortgaged property

The cost of the defendant/plaintiff in this proceeding:Particulars ………………………………………………………………………………………………….. Amount ………………………………..Notes.-(1) In the case of a decree under Order 34, rule 8(1), score out the words “plaintiff” and “defendant” above the lines; in the case of decrees under Order 34, rule 3(1) and rule 5(1), score out the words “plaintiff” and “defendant” below the lines.(2) The words “or by those under whom he claims” will be inserted only if the mortgage derives title from an original mortgagee.”

No. 11

Preliminary Decree for Sale

Plaintiff

Sub or derivative mortgage

vs.

Defendant No. 1

Mortgagor,

Defendant No. 2

Original Mortgagee.]

(Order 34, Rule 4)

(Title)

This suit coming on this. . . . . . . . . . day, etc; It is hereby declared that the amount due to defendant No. 2 on his mortgage calculated up to this. . . . . . day of. . . . . . is the sum of Rs. . . for principal, the sum of Rs. . . . . . for interest on the said principal, the sum of Rs. . . . . . for costs, charges and expenses (other than the costs of the suit) in respect of the mortgage-security together with interest thereon and the sum of Rs. . . . . . for the costs of the suit awarded to defendant No. 2, making in all the sum of Rs. . . . . . . . . . . . . . . . . . . . . . . . . . . .(Similar declarations to be introduced with regard to the amount due from defendant No. 2 to the plaintiff in respect of his mortgage.)2. And it is hereby ordered and decreed as follows:—(i) that defendant No. 1 do pay into Court on or before th said. . . .day of. . . . . . or any later date of up to which time for payment may be extended by the Court the said sum of Rs. . . . . . . . . . due to defendant No. 2;(Similar declarations to be introduced with regard to the amount due to the plaintiff, defendant No. 2 being at liberty to pay such amount.)(ii) that, on payment of the sum declared due to defendant No. 2 by defendant No. 1 in the manner prescribed in clause 2(i) and on payment thereafter before such date as the Court may fix of such amount as the Court may adjudge due 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, or Order 34 of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff and defendant No. 2 shall bring into Court all documents in their possession or power relating to the mortgaged property in the plaint mentioned, and all such documents (except such as relate only to the sub-mortgage) shall be delivered over to defendant No. 1, or to such person as he appoints, and defendant No. 2 shall, if so required, reconvey or re-transfer the property to defendant No. 1 free from the said mortgage clear of and from all incumbrances created by defendant No. 2 or any person claiming under him or any person under whom he claims, and free from all liability arising from the mortgage or this suit and shall, if so required, deliver up to defendant No. 1 quiet and peaceable possession of the said property; and(iii) that, upon payment into the Court by defendant No. 1 of the amount due to defendant No. 2 the plaintiff shall be at liberty to apply for payment to him of the sum declared due to him together with any subsequent costs of the suit and other costs, charges and expenses, as may be payable under rule 10, together with such subsequent interests as may be payable under rule 11, of Order 34 of the First Schedule to the Code of Civil Procedure, 1908; and that the balance, if any, shall then be paid to defendant No. 2; and that if the amount paid into the Court be not sufficient to pay in full the sum due to the plaintiff, the plaintiff shall be at liberty (if such remedy is open to him by 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 defendant No. 2 for the amount of the balance.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 subclause(ii) of the 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 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 34 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)—(declarations in the ordinary form to be introduced according to the nature of defendant No. 2’s morgage 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.

Schedule

Description of the mortgaged property

High Court Amendment-[Kerala].-For Form No. 11 substitute the following:-

No.11

DECREE FOR SALE

Plaintiff

Sub or Derivative Mortgagee

vs

Defendant No. 1

Mortgagor

Defendant No. 2

Original Mortgagee

(Order 34, Rule 3)

(Title)

The suit coming on this ……………………………… day, etc., it is hereby declared that the amount due to defendant No. 2 on his mortgage calculated up to this …………………..4………… day of …………………………………………………………. is the sum of Rs………………………………………………… for principal, the sumof Rs ……………………………… for interest on the said principal, the sum of Rs………………………………… for costs, charges and expenses (other than the costs of the suit) in respect of the mortgage security together with interest thereon and the sum of Rs ……………………………… for the costs of the suit awarded to defendant No. 2, making in all the sum of Rs …………………………………….(Similar declarations to be introduced with regard to the amount due from defendant No. 2 to the plaintiff in respect of his mortgage.)2. And it is hereby ordered and decreed as follows:

(i) that defendant No. 1 do pay into Court on or before the said ……………………………………….. day of ……………………………………………. or any later date upto which time for payment may be extended by the Court the said sum of Rs ………………………………………….. due to defendant No. 2.

(Similar declarations to be introduced with regard to the amount due to the plaintiff, defendant No. 2 being at liberty to pay such amount).(ii) that on payment of the sum declared due to defendant No. 2 by defendant No.1 in the manner prescribed in clause 2(i) and on payment thereafter, before such date as the Court may fix, of such amount, with interest, if any, as the Court may adjudge due in respect of such costs of the suit and such costs, charges and expenses as maybe payable under rule 7 of Order 34 of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff and defendant No. 2 shall bring into Court all documents in their possession or power relating to the mortgaged property in the plaint mentioned, and all such documents (except such as relate only to the sub-mortgage) shall be delivered over to defendant No. 1, or to such person as he appoints, and defendant No. 2 shall, if so required, re-convey or re-transfer the property to defendant No. 1 free from the said mortgage clear of and from all encumbrances created by defendant No. 2 or any person claiming under him or any person under whom he claims and free from all liability arising from the mortgage or this suit and shall, if so required, deliver up to defendant No. 1 quiet and peaceable possession of the said property; and(iii) that, upon payment into the Court by defendant No. 1 of the amount due to defendant No. 2 the sum declared due to the plaintiff together with subsequent costs of the suit and other costs, charges and expenses as may be payable under rule 7 of Order 34 of the First Schedule to the Code of Civil Procedure, 1908, be paid to him, and that the balance, if any, shall then be paid to defendant No. 2 and that if the amount paid into the Court be not sufficient to pay in full the sum due to the plaintiff, the balance, if legally recoverable otherwise than out of the property sold, be personally paid by defendant No. 2 to the plaintiff.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 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 deducting therefrom the expenses of the sale) first in payment of the amount due to the plaintiff as specified in clause (i) of para 2 above with such costs of the suit and other costs, charges and expenses as may be payable under rule 7 of Order 34 of the First Schedule of 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 further 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 reansed by such sale shall not be sufficient for payment in full of the amounts payable to the plaintiff anddefendant No. 2, the balance, if legally recoverable otherwise than out of the property sold, be personally paid by defendant No. 2 or defendant No. 1 (as the case may be) to the plaintiff or defendant No. 2 or both of them as the case may be.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.

*(i) (in the case of a mortgage by conditional sale or an anomalous mortgage where the only remedy provided for in the mortgage-deed is foreclosure and not sale) that the defendant No. 1 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 to defendant No. 2 quiet and peaceable possession of the said property; or

*(ii) (in the case of any other mortgage) that the mortgaged property or a sufficient part thereof shall be sold; and that for the purpose of such sale defendant No. 2 shall produce before the Court of such officer as it appoints, all documents in his possession or power relating to the mortgaged property; and

*(iii) [in the case where a sale is ordered under Clause 7(ii) above] that the money realised by such sale shall be paid into Court and be duly applied (after deducting therefrom the expenses of the sale) in payment of the amount payable to defendant No. 2 under the decree and any further orders that may be passed after decree and in payment of the amount, with interest, if any, which the Court may have adjudged due to defendant No. 2 in respect of such costs of the suit and such costs, charges and expenses as may be payable under rule 7 of Order 34 of the First Schedule to the Code of Civil Procedure, 1908, and the balance, if any, shall be applied in payment of the amount due to the plaintiff, and that, if any balance be left, it shall be paid to defendant No.1 or other persons entitled to receive the same; and

(iv) that, if the money realised by such sale shall not be sufficient for payment in full of the amounts due to defendant No. 2 the balance, if legally recoverable otherwise than out of the property sold, be personally paid by defendant No.1 to defendant No. 2.

Schedule

(Description of the mortgaged property) [Noti. No, Dl-22480/85, dated 20-11-1990].

*Words not required to be deleted.

No. 12

Decree for Rectification of Instrument

(Title)

It is hereby declared that the. . . . . . , dated the. . . . . . . . . . day of. . . . . . . . 20. . . . ., does not truly express the intention of the parties to suchAnd it is decreed that the said. . . . . . rectified by….

No. 13

DECREE TO SET ASIDE A TRANSFER IN FRAUD OF CREDITORS

(Title)

It is hereby declared that the. . . . . . , . . . . . . . . . dated the . . . . . . . . day of. . . .20. . . . . ., and made between and. . . . . . is void as against the plaintiff and all other the creditors, if any, of the defendant

No. 14

Injunction Against Private Nuisance

(Title)

Let the defendant. . . . . . , his agents, servants and workmen, be perpetually restrained from burning, or causing to be burnt, any bricks on the defendant’s plot of land marked B in the annexed plan, so as to occasion a nuisance to the plaintiff as the owner or occupier of the dwelling-house and garden mentioned in the plaint a belonging to and being occupied by the plaintiff.

No. 15

Injunction against Building Higher than Old Level

(Title)

Let the defendant. . . ., his contractors, agents and workmen, be perpetually restrained from continuing to erect upon his premises in. . . . . . any house or building of a greater height than the buildings which formerly stood upon his said premises and which have been recently pulled down, so or in such manner as to darken, injure or obstruct such of the plaintiff’s windows in his said premises as are ancient lights.

No. 16

Injunction Restraining Use of Private Road

(Title)

Let the defendant. . . . . . . . . . , his agents, servants and workmen, be perpetually restrained from using or permitting to be used any part of the lane at. . . . . . . . . . , the soil of which belongs to the plaintiff, as a carriage-way for the passage of carts, carriages or other vehicles, either going to or from the land marked B in the annexed plan or for any purpose whatsoever.

No. 17

Preliminary Decree in an Administration-Suit

(Title)

It is ordered that the following accounts and inquiries be taken and made; that is to say—In creditor’s suit—1. That an account be taken of what is due to the plaintiff and all other the creditors of the deceased.In suits by legatees—2. That an accounts be taken of the legacies given by the testator’s will,In suits by next-of-kin—3. That an inquiry be made and account taken of what or of what share, if any, the plaintiff is entitled to as next-of-kin [or one of the next-of-kin] of the intestate.[After the first paragraph, the decree will, where necessary, order, in a creditor’s suit, inquiry and accounts for legatees, heirs-at-law and next-of-kin. In suits by claimants other than creditors, after the first paragraph, in all cases, an order to inquire and take an account of creditors will follow the first paragraph and such of the others as may be necessary will follow, omitting the first formal words. The form is continued as in a creditor’s suit.]4. An account of the funeral and testamentary expenses.5. An account of the movable property of the deceased come to the hands of the defendant, or to the hands of any other person by his order or for his use.6. An inquiry what part (if any) of the movable property of the deceased is outstanding and undisposed of.7. And it is further ordered that the defendant do, on or before the. . . . . . day of. . . . . . next, pay into, Court all sums of money which shall be found to have come to his hands, or to the hands of any person by his order or for his use.8. And that if the. . . . . . shall find it necessary for carrying out the objects of the suit to sell any part of the movable property of the deceased that the same be sold accordingly, and the proceeds paid into Court.9. And that Mr. E.F. be receiver in the suit (or proceeding) and receive and get in all outstanding debts and outstanding movable property of the deceased, and pay the same into the hands of the . . . . . . 1(and shall give security by bond for the due performance of his duties to the amount. . . . . . . . . . .rupees)10. And it is further ordered that if the movable property of the deceased be found insufficient for carrying out the objects of the suit, then the following further inquiries be made, and accounts taken, that is to say—(a) an inquiry what immovable property the deceased was seized of or entitled to at the time of his death;(b) an inquiry what are the incumbrances (if any) affecting the immovable property of the deceased or any part thereof;(c) an account, so far as possible, of what is due to the several incumbrancers, and to include a statement of the priorities of such of the incumbrancers as shall consent to the sale hereinafter directed.11. And that the immovable property of the deceased, or so much thereof as shall be necessary to make up the fund in Court sufficient to carry out the object of the suit, be sold with the approbation of the Judge, free from incumbrances (if any) of such incumbrancers as shall consent to the sale and subject to the incumbrances of such of them as shall not consent.12. And it is ordered that G.H. shall have the conduct of the sale of the immovable property, and shall prepare the conditioins and contacts of sale subject to the approval of the [. . . . . .] and that in case any doubt or difficulty shall arise the papers shall be submitted to the Judge to settle.13. And it is further ordered that, for the purpose of the inquiries hereinbefore directed, . . the . . . . . . . . 1.shall advertise in the newspapers according to the practice of the Court, or shall make such inquiries in any other way which shall appear to the . . . . . . . . . .1to give the most useful publicity to such inquiries.14. And it is ordered that the above inquiries and accounts be made and taken, and that all other acts ordered to be done be completed, before the day of . . . . . . . . and that the . . . . . . . . .1do certify the result of the injuries, and the accounts, and that all other acts ordered are completed, and have his certificate in that behalf ready for the inspection of the parties on the day of15. And, lastly, it is ordered that this suit [or proceedings] stand adjourned for making final decree to the day of …….[Such part only of this decree is to be used as is applicable to the particular case.]*Here insert name of proper officer.

No. 18

Final Decree in an Administration-Suit by a Legatee

(Title)

1. It is ordered that the defendant. . . .do, on or before the. . . . . . . . day of. . . . . . . . , pay into Court the sum of Rs. . . . . . . . , the balance by the said certificate found to be due from the said defendant on account of the estate of. . . . . . . . . . . . ., the testator and also the sum of Rs. . . . . . for interest, at the rate of Rs. . . . . . . . per cent per annum, from the. . . .day of. . . . . . to the. . . .day of. . . ., amounting together to the sum of Rs. . . . . .. . . . . .2. Let the. . . . . . . . . . 1 of the said Court tax the costs of the plaintiff and defendant in this suit, and let the amount of the said costs, when so taxed, be paid out of the said sum of Rs. . . . . . . . . . . . . ordered to be paid into Court as aforesaid, as follows:—(a) The costs of the plaintiff to Mr. . . . . . . . , his attorney [or pleader] or and the costs of the defendant to Mr. . .. . . , his attorney [or pleader].(b) And (if any debts are due) with the residue of the said sum of Rs. . . . . . after payment of the plaintiff’s and defendant’s costs as aforesaid let the sums, found to be owing to the several creditors mentioned in the,.. . . . . .schedule to the certificate, of the. . . . . . . . 1 together with subsequent interest on such of the debts as bear interest, be paid; and, after making such payments, let the amount coming to the several legatees mentioned in the schedule, together with subsequent interest (to be verified as aforesaid), be paid to them.3. And if there should then be any residue, let the same be paid to the residuary legatee.*Here insert name of proper officer.

No. 19

Preliminary Decree in an Administration-Suit by a Legatee, where an Executor is held Personally Liable for the Payment of Legacies

(Title)

1. It is declared that the defendant is personally liable to pay the legacy of Rs. . . . . . bequeathed to the plaintiff.2. And it is ordered that an account be taken of what is due for principal and interest on the said legacy.3. And it is also ordered that the defendant do, within. . . .weeks after date of the certificate of the [. . . . . .] pay to the plaintiff the amount of what the. . . . . . shall certify to be due for principal and interest.4. And it is ordered that the defendant do pay the plaintiff his cost of suit, the same to be taxed in case the parties differ.*Here insert name of proper officer.

No. 20

Final Decree in an Administration-Suit by Next-of-Kin

(Title)

1. Let the. . . . . . . . 1 of the said Court tax the costs of the plaintiff and defendant in this suit, and let the amount of the said plaintiff’s costs, when so taxed, be paid by the defendant to the plaintiff out of the sum of Rs. . . . . . , the balance by the said certificate found to be due from the said defendant on account of the personal estate of E.F., the intestate, within one week after the taxation of the said costs by the said . . . . . . . . . . 1, and let the defendant retain for her own use out of such sum her costs, when taxed.2. And it is ordered that the residue of the said sum of Rs. . . . . . after payment of the plaintiff’s and defendant’s costs as aforesaid, be paid and applied by defendant as follow:—(a) Let the defendant, within one week after the taxation of the said costs by the. . . . . . 1as aforesaid, pay one-third share of the said residue to the plaintiffs A.B., and C.D., his wife, in her right as the sister and one of the next-of-kin of the said E.F., the instestate.(b) Let the defendant retain for her own use one other third share of said residue, as the mother and one of the next-of-kin of the said E.F., the intestate.(c) And let the defendant, within one week after the taxation of the said costs by the . . . . . . . . . . .1as aforesaid, pay the remaining one-third share of the said residue to G.H., as the brother and the other next-ofkin of the said E.F., the intestate.*Here insert name of proper officer.

No. 21

Preliminary Decree in a Suit for Dissolution of Partnership and the Taking of Partnership Accounts

(Title)

It is declared that the proportionate shares of the parties in the partnership are as follows:—It is declared that this partnership shall stand dissolved [or shall be deemed to have been dissolved] as from the. . . .day of. . . . . . . . , and it is ordered that the dissolution thereof as from that day be advertised in the . . . .. . .Gazette, etc.And it is ordered that. . . . . . be the receiver of the partnership-estate and effects in this suit and do get in all the outstanding book-debts and claims of the partnership.And it is ordered that the following accounts be taken:—1. An account of the credits, property and effects now belonging to the said partnership;2. An account of the debts and liabilities of the said partnership;3. An account of all dealings and transactions between the plaintiff and defendant, from the foot of the settled account exhibited in this suit and marked (A), and not disturbing any subsequent settled accounts.And it is ordered that the goodwill of the business heretofore carried on by the plaintiff and defendant as in the plaint mentioned, and the stock-in-trade, be sold on the premises, and that the. . . . . . Here insert name of proper officer. may, on the application of any of the parties, fix a reserved bidding for all or any of the lots at such sale, and that either of the parties is to be at liberty to bid at the sale.And it is ordered that the above accounts be taken, and all the other acts required to be done be completed, before the . . . . . . . . . . .day of. . . . . . . . , and that the. . . . . . . . . . 1 do certify the result of the accounts, and that all other acts are completed, and have his certificate in that behalf ready for the inspection of the parties on the. . . . . . . . . . day of. . . . . . . .And, lastly, it is ordered that this suit stand adjourned for making a final decree to the . . . . . . . . . . .day of . . . .. . . . . . . . . .*Here insert name of proper officer.

No. 22

Final Decree in a Suit for Dissolution of Partnership and the Taking of Partnership Accounts

(Title)

It is ordered that the fund now in Court, amounting to the sum of Rs. . . , be; applied as follows:—1. In payment of the debts due by the partnership set forth in the certificate of the. . . . . .. . 1amounting in the whole to Rs.. . . . . . . . . . . . .2. In payment of the costs of all parties in this suit, amounting to Rs. . . . . . . . . . . . . . . .[These costs must be ascertained before the decree is drawn up.]3. In payment of the sum of Rs. . . . . . to the plaintiff as his share of the partnership-assets, of the sum of Rs.. . . . . ., being the residue of the said sum of Rs. . . .now in Court to the defendant as his share of the partnership-assets.[Or, And that, the remainder of the said sum of Rs. . . .be paid to the said plaintiff (or defendant) in part payment of the sum of Rs. . . . . . certified to be due to him in respect of the partnership-accounts.]4. And that the defendant [or plaintiff] do on or before the. . . .day of. . . . . . pay to the plaintiff [or defendant] the sum or Rs. . . . . . being the balance of the said sum of Rs. . . . . . due to him, which will then remain due.*Here insert name of proper officer.

No. 23

Decree for Recovery of Land and Mesne Profit

(Title)

It is hereby decreed as follows:—1. that the defendant do put the plaintiff in possession of the property specified in the schedule hereunto annexed.2.That the defendant do pay to the plaintiff the sum of Rs. . . .with interest thereon at the rate of. . . . . . . . per cent per annum to the date of realization on account of mesne profits which have accrued due prior to the institution of the suit.

Or

2. That an inquiry be made as to the account of mesne profits which have accrued due prior to the institution of the suit.3. That an inquiry be made as to the amount of mesne profits from the institution of the suit until [the delivery of possession to the decree-holder] [the relinquishment of possession by the judgment-debtor with notice to the decree -holder through the Court] [the expiration of three years from the date of the decree].

Schedule

High Court Amendments-[Andhra Pradesh].-Same as that of Madras.[Kerala].-Same as that of Madras.-(9.6.1959).[Madras].-Insert the following after Form No. 23:-

No.24

DECREE SANCTIONING A COMPROMISE OF A SUIT ON BEHALF OF A MINOR OF LUNATIC

(Title)

The suit coming on this day for fianl disposal in the presence of, etc., and C.D., the defendant, a minor by E.F., his guardian ad litem, applying that this suit may be compromised in the terms of an agreement in writing, dated the ……………..day of …………..and made between A.B., the plaintiff, of the one part, and the said C.D. by the said guardian ad litem of the other part (or, on the terms hereafter set forth), and it appearing to this Court that the said compromise is fit and proper and for the benefit of the said minor, this Court doth sanction the said compromise, on behalf of the said minor, and with the consent of all parties hereto; it is ordered as follows:-

(Set out the terms of the compromise).”

Schedule

APPENDIX E

EXECUTION

No. 1

Notice to Show Cause Why a Payment or Adjustment should not be Recorded as Certified

(Order 21, Rule 2)

(Title)

ToWhereas in execution of the decree in the above-named suit. . . . . . . . has applied to this Court that the sum of Rs. . . . . . recoverable under the decree has been paid/adjusted and should be recorded as certified, this is to give you notice that you are to appear before this Court on the. . . . . . . . . …. day of …. . . . . . . . . . 20. . . . . . . . , to show cause why the payment/adjustment aforesaid should not be recorded as certified.Given under my hand and the seal of the Court, this. . . . . . . . day of 20.

No. 2

Precept

(Section 46)

(Title)

Upon hearing the decree-holder it is ordered that this precept be sent to the Court of. . . . . . . . . . .at. . . . . . . . . .. . . under section 46 of the Code of Civil Procedure, 1908, with directions to attach the property specified in the annexed schedule and to hold the same pending any application which may be made by the dereeholder for executive of the decree.

No. 3

Order Sending Decree for Execution to another Court

(Order 21, Rule 6)

(Title)

Whereas the decree-holder in the above suit has applied to this Court for a certificate to be sent to the Court of. . . . . . . . . at . . . . . . . . for execution of the decree in the above suit by the said Court, alleging that the judgment-debtor resides or has property within the local limits, of the jurisdiction of the said Court, and it is deemed necessary and proper to send a certificate to the said Court under Order 21, rule 6, of the Code of Civil Procedure, 1908, it is :

Ordered

That a copy of this order be sent to . . . . . . . . . with a copy of the decree and of any order which may have been made for execution of the same and a certificate of non-satisfaction.Dated the . . . . . . . . . …. day of …. . . . . . . . 20 . . . .,

Judge

No. 4

Certificate of Non-Satisfaction of Decree

(Order 21, Rule 6.)

(Title)

Certified that no satisfaction of the decree of this Court in suit No. . . . . . . . . of 20 . . . ., a copy which is hereunto attached, has been obtained by execution within the jurisdiction of this Court.Dated the . . . . . . . . . …. day of …. . . . . . . . 20 . . . .,

Judge

No. 5

Certificate of Execution of Decree Transferred to Another Court

(Order 21, Rule 6)

(Title)

  1. Number of suit and the Court by which the decree was passed.

 

  2. Name of parties.

 

  3. Date of application for execution.
  4. Number of execution case.
  5. Processes issued and dates of service thereof.
  6. Costs of execution.
  7. Amount realized.
  8. How the case is disposed of.
  9. Remarks.

No. 6

Application for Execution of Decree

(Order 21, Rule 11)

In the Court of I . . . . . .I………., decree-holder, hereby apply for execution of the decree herein-below set forth :

789 of 1897 1 Number of suit.
A.B.-Plaintiff

C.D.-Defendant

….. ….. ….. 2 Name of parties
….. ….. …..
October 11, 1897 3 Date of decree
No. 4 Whether any appeal preferred from decree.
None 5 Payment or adjustment made, if any.
Rs. 72-4-0 recorded on application, dated the 4thMarch, 1899 6 Previous application, if any, with date and result
Rs. 314-8-2 principal [interest at 6 per cent, per annum, from the date of decree till payment]. 7 Amount with interest due upon the decree or other relief granted thereby together with particular of any cross-decree
 

As awarded in the decree

 

 

 

 

Total

Rs.

 

a. P. 8 Amount of costs, if any, awarded
47 10 4
8 2 0

 

55 12 4
Against the defendant C.D. 9 Against whom to be executed
[When attachment and sale of movable property is sought.]

I pray that total amount of Rs. (together with interest on the principal sum up to date of payment) and the costs of taking out this execution, be realized by attachment and sale of defendant’s movable property as per annexed list and paid to me.

[When attachment and sale of immovable property is sought.]

I pray that the total amount of Rs. (together with interest on the principal sum up to date of payment) and the costs of taking out this execution be realized by the attachment and sale of defendant’s immovable property specified at the foot of this application and paid to me.

10 Mode in which the assistance of the Courts is required

Signed. . . . . . . . . . . . . . . . . . . . ., decree-holderDated the . . . . . . . . . …. day of …. . . . . . . . 20 . . . .,[When attachment and sale of movable property is sought.]

Description and specification of property

The undivided one-third share of the judgment-debtor in a house situated in the village of . . . . . . , value Rs.40, and bounded as follows :—East by G’s house; west by H’s house; south by public road; north by private lane and J’s house.I . . . . . . . . declare that what is stated in the above description is true to the best of my knowledge and belief, and so far as I have been able to ascertain the interest of the defendant in the property therein specified.

Signed . . . . . . . . . . . . . . . . , decree-holder

High Court Amendment-[Patna].-In column 6, insert a comma after the word “date” and after the comman and before the words “and result”, insert the words “date of final order passed on it”.

No. 7

Notice to Show Cause Why Execution should not Issue

(Order 21, Rule 16)

(Title)

ToWhereas . . . . . . . . . . . . . . . . has made application to this Court for execution of decree in Suit No. . . . . . . . . . . . of 20 . . . . ., on the allegation that the said decree has transferred to him by assignment [or without assignment], this is to give you notice that you are to appear before this Court . . . . . . . . on the . . . . . . . . . …. day of …. . . . . . . . 20 . . . ., to show cause why execution should not be granted.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . 20 . . . .

Judge.

No. 8

Warrant of Attachment for Movable Property in Execution of a Decree for Money

(Order 21, Rule 30)

(Title)

ToThe Bailiff of the Court,Whereas . . . . . . . . was ordered by decree of this Court passed on the day of . . . . . . . . 20 . . . ., in Suit No. . . . .. . . of 20 . . . . . . . . , to pay to the plaintiff. . . . . . . . . . . . . . . . the sum of Rs. . . . . . . . . . . . . . . . . as noted in the margin; and whereas the said sum of Rs. . . . . . . . . has not been paid; These are to command you to attach the movable property of the said . . . . . . . . . . , as set forth in the schedule hereunto annexed, or which shall be pointed out to you by the said . . . . . . . . ., and unless the said . . . . . . . . shall pay to you the said sum of Rs.. . . . . . . . together with Rs. . . . . . . . . , the cost of this attachment, to hold the same until further orders from this Court.You are further commanded to return this warrant on or before the . . . . . . . . . …. day of …. . . . . . . . 20 . . . ., with an endorsement certifying the day on which and manner in which it has been executed, or why it has not been executed.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . 20 . . . .,

Schedule

Judge.

High Court Amendments-[Allahabad].-In Appendix E, Form No. 8, between the words “command you to attach” and the words “the movable property of the said”, add the words “on or before the ……day of……20….”[Andhra Pradesh].-Same as that of Madras.[Kerala].-Same as in Madras and for the word “Bailiff” substitute the word “Admin”-(9.6.1959).[Madras].-Same as that of Allahabad.

No. 9

Warrant for Seizure of Specific Movable Property Adjudged by Decree

(Order 21, Rule 31)

(Title)

ToThe Bailiff of the Court.Whereas . . . . . . . . was ordered by decree of this Court passed on the . . . . . . . . . …. day of …. . . . . . . . 20 . . . ., in Suit No. . . . . . . . . of 20. . . ., to deliver to the plaintiff the movable property (or a . . . . . . . . share in the movable property) specified in the schedule hereunto annexed, and whereas the said property (or share) has not been delivered.These are to command you to seize the said movable property (or a . . . . . . . . share of the said movable property) and to deliver it to the plaintiff or to such person as he may appoint in this behalf.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . 20 . . . .,

Schedule

Judge

High Court Amendment-[Kerala].-For the “Bailiff” substitute the word “Amin”-(9.6.1959).

No. 10

Notice to State Objection to Draft of Document

(Order 21, Rule 34)

(Title)

ToTake notice that on the . . . . . . . . . …. day of …. . . . . . . . 20 . . . ., . . . . . . . . the decree-holder in the above suit presented an application to this Court that the Court may execute on your behalf a deed of . . . . . . . . , whereof a draft is hereunto annexed, of the immovable property specified hereunder, and that the . . . . . . . . . …. day of ….. . . . . . 20 . . . ., is appointed for the hearing of the said application, and that you are at liberty to appear on the said day and to state in writing any objections to the said draft.

Description of property

Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . 20 . . . .,

Judge.

No. 11

Warrant to the Belief to Give Possession of Land, etc.

(Order 21, Rule 35)

(Title)

ToThe Bailiff of the Court.Whereas the undermentioned property in the occupancy of . . . . . . . . . . . . . . . . has been decreed to . . . . . . . . , the plaintiff in this suit; You are hereby directed to put the said . . . . . . . . . . . . . . . . in possession of the same, and you are hereby authorized to remove any person bound by the decree who may refuse to vacate the same.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . 20 . . . .,

Schedule

Judge.

High Court Amendment-[Kerala].-For the “Bailiff” substitute the word “Amin”-(9.6.1959).

No. 12

Notice to Show Cause Why Warrant of Arrest should not Issue

(Order 21, Rule 37)

(Title)

ToWhereas . . . . . . . . . has made application to this Court for execution of decree in Suit No. . . . . . . . , of 20 . . . .., by arrest and imprisonment of your person, you are hereby required to appear before this Court on the . . .. . . . . …. day of …. . . . . . . . 20 . . . ., to show cause why you should not be committed to the civil prison in execution of the said decree.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . 20 . . . .,

Judge.

No. 13

Warrant of Arrest in Execution

(Order 21, Rule 38)

(Title)

ToThe Bailiff of the Court.Whereas . . . . . . . . . . was adjudged by a decree of the Court in suit No. . . . . . . . of 20 . . . ., dated the . . . . . . . . . …. day of …. . . . . . . . 20 . . . ., to pay to the decree-holder the sum of Rs. . . . . . . . as noted in the margin, and whereas the said sum of Rs. . . . . . has not been paid to the said decree-holder in satisfaction of the said decree, these are to command you to arrest the said judgment-debtor and unless the said judgment-debtor shall pay to you the said sum of Rs. . . . . . . . . together with Rs. . . . . . . . . for the cost of executing this process, to bring the said defendant before the Court with all convenient speed.You are further commanded to return this warrant on or before the . . . . . . . . . …. day of …. . . . . . . . 20 . . . .,with an endorsement certifying the day on which and manner in which it has been executed, or the reason why it has not been executed.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . 20 . . . .,

Judge.

High Court Amendments-[Andhra Pradesh].-Same as that of Madras.[Karnataka].-Same as that of Madras except for the substitution of “Order 21, Rule 25(3)” for “Order 21, Rule 25(2)”-(R.O.C. No. 2526/1959, dated 9.2.1967).[Kerala].-Same as in Madras and for the word “Bailiff” substitute the word “Amin”-(9.6.1959).[Madras].-In Form No. 13 between the word “the cost executing this process” and the words “to bring the said defendant” add the words “or unless satisfaction of the decree be endorsed by the decree-holder on the warrant in the manner provided in Order XXI, rule 25(2)”.

No. 14

Warrant of Commital of Judgment-Debtor to Jail

(Order 21, Rule 40)

(Title)

ToThe Officer in charge of the Jail atWhereas . . . . . . . . who has been brought before this Court this . . . . . . . . . …. day of …. . . . . . . . . . 20 . . . ., under a warrant in execution of a decree which was made and pronounced by the said Court on the . . . . . . . . . …. day of …. . . . . . . . 20 . . . ., and by which decree it was ordered that the said . . . . . . . . should pay . . . . . . . . ; And whereas the said . . . . . . . . has not obeyed the decree nor satisfied the Court that he is entitled to be discharged from custody; You are hereby commanded and required to take and receive the said . . . . . . . . into the civil prison and keep him imprisoned therein for a period not exceeding . . . . . . . . or until the said decree shall be fully satisfied, or the said . . . . . . . . . . . shall be otherwise entitled to be released according to terms and provisions of Section 58 of the Code of Civil Procedure, 2008; and the Court does hereby fix [* * *]per diem as the rate of the monthly allowance for the subsistence of the said . . . . . . . . during his confinement under this warrant of committal.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . 20 . . . .,

Judge.

High Court Amendments-[Andhra Pradesh].-Same as that of Madras.[Kerala].-Same as in Madras and for the word “Bailiff” substitute the word “Amin” and for the words “Central Nazir” the word “Nazir”-(9.6.1959).[Madras.]-Insert the following as Form 14-A:-

“No. 14-A

ORDER OF ENTRUSTMENT OF JUDGMENT-DEBTOR TO THE CUSTODY OF AN OFFICER OF COURT

[Order 21, Rule 40, sub-rule (2) and the proviso to sub-rule (3)]

In the Court of the …………………………….. of ………………………………………….ToThe Bailiff of the CourtWhereas ………………….. who has been brought before this Court, this day of ………….. 20 ……., under warrant in execution of a decree which was made and pronounced by the said Court on the ……………… day of ………….. 20 ……., and by which decree, it was ordered that the said judgment-debtor should pay Rs ………………….And whereas the judgment-debtor has been ordered to be kept in the custody of an officer of the Court pending the enquiry under Order 21, rule 40, sub-rule (2).And whereas the said judgment-debtor has to be given an opportunity of satisfying the decree and for this end this Court is of opinion that the said judgment-debtor may be left in the custody of an Officer of Court.You are hereby ‘[* * *] commanded and required to take and receive the said judgment-debtor into your custody and keep him in that custody for period of ……………. days or until further orders of this Court. You are hereby further informed that he is not to be allowed to go anywhere except in your company. You are further required to produce the said judgment-debtor before this Court at the expiration of the period specified, if the decree be no sooner satisfied.Given under my hand and the seal of the Court, this ………….. day of ……… 20……

By order

Central Nazir.

No. 15

Order for the Release of a Person Imprisoned in Execution of a Decree

(Sections 58, 59)

(Title)

ToThe Officer in charge of the Jail at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Under orders passed this day, you are hereby directed to set free . . . . . . . . judgment-debtor now in your custody.Dated. . . . . . . . . . . . . .

Judge.

High Court Amendments-[Andhra Pradesh].-Same as that of Madras.[Calcutta].-Insert the following ater Form No. 15:-

“No. 15-A

BOND FOR SAFE CUSTODY OF MOVABLE PROPERTY ATTACHED AND LEFT IN CHARGE OF ANY PERSONS AND SURETIES

[Order 21-A, Rule 3(a) and 5]

In the Court of …………………………………………………………….. at …………………………………………………………………………………

Civil Suit No ………………………………………………………………….. of ……………………………….

A.B. of ……………………………………………………………………………………………………………………………………………………………………….

against

C.D. of ……………………………………………………………………………………………………………………………………………………………………….Know all men by these presents that we, I.J. of …………… etc., and K.L. of ………………… etc.,and M.N. of …………………… etc., are jointly and severally bound to the Judge of the Court of …………………………….. in Rs……………… to be paid to the said Judge, for which payment to be made we bind ourselves, and each of us in the whole, our and each of our heirs, executors and administrators, jointly and severally, by these presents.Dated this …………………………………………. day of ……………………………….. 20 ……………………………………And whereas the movable property/ livestock specified in the schedule hereunto annexed has been attached under a warrant from the said Court dated the …………………….. day of ……………….. 20……… in execution of a decree in favour of ……………. in Suit No………………………… of ………. 20……. on the file of …….. and the said property has been left in the charge of the said If.Now the condition of this obligation is that if the above bounden I.J. shall duly account for any loss which the owner of the property/ livestock may suffer due to willful negligence of the bounden and produce when required before the said Court all and every property/ livestock aforesaid (and shall properly maintain and take due care of the livestock aforesaid) and shall obey any further order of the Court in respect thereof, then this obligation shall be void; otherwise it shall remain in full force and be enforceable against the above bounden I.J. in the execution proceedings.I.J.K.L.M.N.Signed and delivered by the above bounden in the presence of …………..”[Himachal Pradesh].-Same as that of Punjab.[Gauhati].-Same as that of Calcutta.[Karnataka].-Same as that of Madras.[Kerala].-Same as that of Madras-(9.6.1959).[Madras].-(i)For “Dated” substitute the words “Given under my hand and the seal of the Court, this………day of……..20……”(ii) Add the following Form:

“No.15-A

BOND FOR SAFE CUSTODY OF McTNB LE PROPERTY ATTACHED AND LEFT IN CHARGE OF PERSON INTERESTED AND SURETIES

[Order 21 Rule 43]

In the Court of ………………………………… at ……………………………………………………………………………………………………………

Civil Suit No ………………………… of ……………………………….

A.B. of ……………………………………………………………………………………………………………………………………………………………………….

against

C. D. of ……………………………………………………………………………………………………………………………………………………………………….Know all men by these presents that we, I.J. of ………….. etc., and K.L. of …………… etc., andM.N. of ………. etc., are jointly and severally bound to the Judge of the Court of ……………… in Rs……….. to be paid to the said Judge, for which payment to be made we bind ourselves, and each of us, in the whole, our and each of our heirs, executors and administrators, jointly and severally, by these presents.Dated this ……………………………………………. day of ……………………………………… 20 ……………………….And whereas movable property specified in the schedule hereunto annexed has been attached under a warrant from the said Court, dated the …………. day of …………….. 20 ………….. in execution of a decree in favour of ……………. in Suit No ……………… 20 ……….. on the file of ……………… and the said property has been in charge of the said 1. J.Now the condition of this obligation is that, if the above bounden I.J. shall duly account for and produce when required before the said Court all and every property aforesaid and shall obey any further order of the Court in respect thereof, then this obligation shall be void; otherwise it shall remain in full force.I.J.K.L.M.N.Signed and delivered by the above bounden in the presence of…………………[Punjab].-(i) Form 15-A same as Madras.(ii) Add the following as Form No. 15-B:-

“No. 15-B

BOND FOR SAFE CUSTODY OF ME-PIRTY ATTACHED AND LEFT IN CHARGE OF ANY PERSON AND SURETIES

[Order 21 Rule 43(1)(c)]

In the Court of ………………………………… at ……………………………………………………………………………………………………………

Civil Suit No ………………………… of ……………………………….

A.B. of ……………………………………………………………………………………………………………………………………………………………………….

against

C.D. of ……………………………………………………………………………………………………………………………………………………………………….Know all men by these presents that we, I.J. of ……………………………………. etc., and K.L. of ……………………………………… etc., and M.N. of …………………… etc., are jointly and severally bound to the Judge of the Court of ………………………… in Rs……………. to be paid to the said Judge for which payment to be made, we bind ourselves and each of us, in the whole, our and each of our heirs, executors, and administrators, jointly and severally, by these presents.Dated this …………………………….. day of ……………………… 20 …………………………………And whereas movable property specified in the schedule hereunto annexed has been attached under a warrant from the said Court, dated the ………………. day of …………….. 20 …………… in execution of a decree in favour of ………………… in Suit No………………………….. of …………………………. 20 ………………… on the file of …………………. and the said property has been in the charge of the said 1. J.Now the condition of this obligation is that, if the above bounden If. shall duly account for and produce when required before the said Court, all and every property aforesaid and shall obey any further order of the Court in respect thereof, then this obligation shall be void, otherwise it shall remain in full force and be enforceable against the above bounden, I.J., in accordance with the procedure laid down in section 145, Civil Procedure Code, as if the aforesaid I.J., were a surety for the restoration of property taken in execution of a decree.I.J.K.L.M.N.Signed and delivered by the above bounden in the presence of………………………………………………..[Rajasthan].-Form No. 15-A and 15-B, same as that of Punjab.(No. 8/S.R.C. Jodhpur, dated 23.12.1964).

No. 16

Attachment in Execution

Prohibitory Order, where the Property to be Attached Consists of Movable Property to which the Defendant is Entitled Subject to a lien or Right of some other Person to the Immediate Possession thereof

(Order 21, Rule 46)

(Title)

ToWhereas . . . . . . . . . . . . . . . . has failed to satisfy a decree passed against . . . . . . . . on the . . . . . . . . . …. day of …. .. . . . . 20 . . . ., in Suit No. . . . . . . . . . . . . of 20 . . . . ., in favour of . . . . . . . . for Rs. . . . . . . . . ; It is ordered that the defendant be, and is hereby, prohibited and restrained until the further order of this Court, from receiving from . . . . . . . . the following property in the possession of the said, . . . . . . . . that is to say, . . . . . ., to which the defendant is entitled, subject to any claim of the said . . . . . . . . , and the said . . . . . . . . is hereby prohibited and restrained, until the further order of this Court, from delivering the said property to any person or persons whomsoever.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . 20 . . . .,

Judge.

No.16-A

AFFIDAVIT OF ASSETS-TO BE MADE BY A JUDGMENT-DEBTOR

[Order 21 Rule 41(2)]

In the Court of ………………………………………………………………………………………………………………………………………………………A. B ………………………………………………………………..

Decree-holder,

vs.

C …………………………………………………………………….. .

Judgment-debtor.

I . …………………………………………………………………………………. of ………………………………………………………………. state on oath/soleman affirmation as follows:1. My full name is …………………………………………………………………………………

(Block capitals)

2. Iliveat ………………………………………….*3. I am marriedsinglewidower (widow)divorced4. The following persons are dependent upon me:5. My employment, trade or profession is that of ……………………. carried on by me at ……….I am a director of the following companies :6. My present annual/monthly/weekly income, after paying income-tax, is as follows:-

(a) From my employment, trade or profession Rs ………………………….

(b) From other sources Rs…………..

*7. (a) I own the house in which I live ; its value is Rs …………………………..I pay as outgoings by way of rates, mortgage, interest, etc., the annual sum of Rs.(b) I pay as rent the annual sum of Rs …………………………..8. I possess the following:(a) Banking accounts;(b) Stocks and shares;(c) Life and endowment policies; Give particulars.(d) House property;(e) Other property;(f) Other securities;9. The following debts are due to me:-(Give particulars)(a) From …………………………………………………………………………. Of ……………………….Rs …………………………………………………………………..(b) From …………………………………………………………………………. of ……………………….Rs …………………………………………………………………….Sworn before me, etc.]

No. 17

Attachment in Execution

Prohibitory Order, where the Property Consists of Debts not Secured by Negotiable Instruments

(Order 21, Rule 46)

(Title)

ToWhereas. . . . . . . . has failed to satisfy a decree passed against . . . . . . . . . . on the . . . . . . . . . …. day of …. . . . . . . . .. 20. . ., in Suit No. . . . . . . . . . . of 20 . . . . . . . . , in favour of until the further order of this Court, from receiving from you a certain debt alleged now to be due from you to the said defendant, namely, . . . . . . . . . . and that you, the said . . . . . . . . . . be, and you are hereby, prohibited and restrained, until the further order of this Court, from making payment of the said debt, or any part thereof, to any person whomsoever or otherwise than into this Court.Given under my hand and the seal of the Court, this . . . . . . . . . . day of 20 . . .

Judge.

No. 18

Attachment in Execution

Prohibitory Order, where the Property Consists of Shares in the Capital of a Corporation

(Order 21, Rule 46)

(Title)

ToDefendant and to . . . . . . . . . . , Secretary of CorporationWhereas . . . had failed to satisfy a decree passed against . . . on the . . . day of. . . 20 . . . , in Suit No. . . . . .. . . . of 20 . . . . . , in favour of. . . , for Rs. . . . . ; It is ordered that you, the defendant, be, and you are hereby, prohibited and restrained, until the further order of the Court, from making any transfer of. . . . shares in the aforesaid corporation, namely, . . . . or from receiving payment of any dividends thereon; and you, . . . , the Secretary of the said Corporation, are hereby prohibited and restrained from permitting any such transfer or making any such payment.Given under my hand and the seal of the Court, this . . . . …. day of …. . . . . . . . . 20. . . . .

Judge.

No. 19

Order to Attach Salary of Public Officer or Servant of Railway Company or Local Authority

(Order 21, Rule 48)

(Title)

ToWhereas . . . . . . . . . . , judgment-debtor in the above-named case, is a (describe officer of judgment-debtor) receiving his salary (or allowances) at your hands; and whereas . . . . . . . . . . , decree-holder in the said case, has applied in this Court for the attachment of the salary (or allowances) of the said . . . . . . . . . to the extent of. . . . . . . . . due to him under the decree; You are hereby required to withhold the said sum of. . . . . . . . . . . from the salary of the said . . . . . . . . . . in monthly instalments of . . . . . . . . . and to remit the said sum (or monthly instalments) to this Court.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . 20. . .

Judge.

No. 20

Order of Attachment of Negotiable Instrument

(Order 21, Rule 51)

(Title)

ToThe Bailiff of the Court.Whereas an order has been passed by this Court on the . . . . …. day of …. . . . . . . . . . 20 . . ., for the attachment of . . . ; You are hereby directed to seize the said . . . . . . . . . . and bring the same into Court.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20…

Judge.

High Court Amendment-[Kerala].-Substitute the word “Amin” for “Bailiff”-(9.6.1959)

No. 21

Attachment

Prohibitory Order, where the Property Consists of Money or of any Security in the Custody of a Court of Justice of Public Officer

(Order 21, Rule 52).

(Title)

ToSir,The plaintiff having applied, under rule 52 of Order 21 of the Code of Civil Procedure, 1908, for an attachment of certain money now in your hands (here state how the money is supposed to be in the hands of the person addressed, on what account, etc.), I request that you will hold the said money subject to the further order of this Court.

I have the hounour to be,

Sir,

Your most obedient Servant.

Judge.

Dated the . . . . . . . . . …. day of …. . . . . . . . . . 20…

No. 22

Notice of Attachment of a Decree to the Court which Passed it

(Order 21, Rule 52.)

(Title)

ToThe Judge of the Court of……………Sir,I have the honour to inform you that the decree obtained in your Court on the . . . . . . . . . …. day of …. . . . . . . . . .20. . . by . . . . . . . . . . in Suit No. . . . . . . . . . . of 1`9. . . , in which he was . . . . . . . . . . and . . . . . . . . . . was . . . has been attached by this Court on the application of . . . . . . . . . . , the . . . . . . . . . . in the suit specified above.You are therefore requested to stay the execution of the decree of your Court until you receive an intimation from this Court that the present notice has been cancelled or until execution of the said decree is applied for by the holder of the decree now sought to be executed or by his judgment-debtor.

I have the honour, etc.

Judge.

Dated the . . . . . . . . . . day of. . . 20. . .

No. 23

Notice of Attachment of a Decree to the Holder of the Decree

(Order 21, Rule 53)

(Title)

To

Defendant.

Whereas an application has been made in this Court by the decree-holder in the above suit for the attachment of a decree obtained by you on the . . . . . . . . . …. day of …. . . . . . . . . 20 . . ., in the Court of . . . . . . . . . . in Suit No. . . . . . . . . of 20 . . . , in which . . . . . . . . . . was . . . . . . . . . . and . . . . . . . . . . was . . . . . . . . . . It is ordered that you, the said . . . . . ., be, and you are hereby, prohibited and restrained, until the further order of this Court, from transferring or charging the same in any way.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20. . .

Judge.

No. 24

Attachment in Execution

Prohibitory Order, Where the Property Consists of Immovable Property

(Order 21, Rule 54)

(Title)

To

Defendant

Whereas you have failed to satisfy a decree passed against you on the . . . . . . . . . …. day of …. . . . . . . . . . 20. . . .., in Suit No. . . . . . . . of 20. . . , in favour of . . . . . . . . . . .for Rs. . . . . . . . ; It is ordered that you, the said . . . . . . . . . . , be, and you are hereby, prohibited and restrained, until the further order of the Court, from transferring or charging the property specified in the schedule hereunto annexed, by sale, gift or otherwise, and that all person be, and that they are hereby, prohibited from receivng the same by purchase, gift or otherwise.[It is also ordered that you should attend Court on the . . . . . . . . . …. day of …. . . . . . . . . . 19. . . to take notice of the date fixed for setting the terms of the proclamation of sale.]Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20. . . . . .

Schedule

Judge.

No. 25

Order for Payment to the Plaintiff, etc., of Money, etc., in the Hands of a Third Party

(Order 21, Rule 56)

(Title)

ToWhereas the following property . . . . . . . . . . has been attached in execution of a decree in Suit No. . . . . . . . . . . of . . . . . . . . . . 20 . . . , passed on the . . . . . . . . . …. day of …. . . . . . . . . . 20. . . , in favour of . . . . . . . . . . for Rs. . . . .. . . . . .It is ordered that the property so attached, consisting of Rs. . . . . . . . . . . in money and Rs. . . . . . . . . . . in currency-notes, or a sufficient part thereof to satisfy the said decree, shall be paid over by you, the said . .. . . . . . . . to …….Given under my hand and the seal of the Court, this . . . …. day of …. . . . 20 . . .

Judge.

No. 26

Notice to Attaching Creditor

(Order 21, Rule 58)

(Title)

ToWhereas . . . . . . . . . . has made application to this Court for the removal of attachment on . . . . . . . . .placed at your instance in execution of the decree in Suit No. . . . . . . . . . . of . . . . . . . . . . 20. . . , this is to give you notice to appear before this Court on . . . . . . . . . . , the . . . . . . . . . …. day of …. . . . . . . . . . 20. . . . either in person or by a pleader of the Court duly instructed to support your claim, as attaching creditor.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20. . .

Judge.

No. 27

Warrant of Sale of Property in Execution of a Decree for Money

(Order 21, Rule 66)

(Title)

ToThe Bailiff of the Court.These are to command you to sell by auction, after giving . . . . . . . . . . days’ previous notice, by affixing the same in this Court-house, and after making due proclamation, the . . . . . . . . . . . property attached under a warrant from this Court, dated the . . . . . . . . . day of. . . 20. . . , in execution of a decree in favour of . . . . . . . . . . in Suit No. . . . . . . . . . . of 20 . . ., or so much of the said property as shall realize the sum of Rs. . . . . ., being the . . . . . of the said decree and costs still remaining unsatisifed.You are further commanded to retrun this warrant on or before the . . . . . . . . . …. day of …. . . . 20. . . , with an endorsement certifying the manner in which it has been executed, or the reason why it has not been executed.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20 . . .

Judge.

High Court Amendments-[Kerala].-Substitute the wrod “Amin” for “Bailiff” – (9.6.1959).[Madras].-(i) In Appendix E, Form No. 27 shall be re-numbered as Form No. 28, and before the Dorm as so re-numbered the following Form shall be inserted, namely:-

No. 27

NOTICE OF SALE

[Order 21, Rule 64]

(Title)

To

Judgment-debtor.

Whereas in the above-mentioned suit ……………………………… the decree-holder has applied for the sale of ………………………….. you are hereby informed ……………. that the ……………….. day of …………….. 20…., has been fixed for settling the terms of proclamation of sale.Given under my hand and the seal of the Court, this ………………… day of ………….. 20……..

Judge. “

(10-4-1963).

(ii) After the paragraph beginning with the words “these are to command your” and ending with words “and costs still remaining unsatisfied”, insert the following:“You are further commanded to stop the sale if before the lot is knocked down the aforesaid sum of Rs …………………………………….. and the costs of the ale be paid to you or proof is given to your satisfaction that the aforesaid sum of Rs ………………………. and the costs of the sale have been paid into the Court which ordered the sale.”-(30-12-1959).

No. 28

Notice of the Day Fixed for Setting a Sale Proclamation

(Order 21, Rule 66)

(Title)

To

Judgment-debtor.

Whereas in the above-named suit . . . . . . . . . . , the decree-holder, has applied for the sale of . . . . . . . . . . ; you are hereby informed . . . . . . . . . . that the . . . . . . . . . …. day of …. . . . . . . . . 20. . . . , has been affixed for setting the terms of the proclamation of sale.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20. . . .

Judge.

High Court Amendment-[Madras].-Form No. 28 shall be re-numbered as Form No. 28-A-(10.4.1963).

No. 29

Proclamation of Sale

(Order 21, Rule 66)

(Title)

Notice is hereby given that, under rule 64 of Order XXI of the Code of Civil Procedure, 1908, an order has been passed by this Court for the sale of
Suit No……..of 20……,decided by the ……..of….in which …..was plaintiff and…….was defendant. the attached property mentioned in the annexed schedule, in satisfaction of the claim of the decree-holder in the suit (1) mentioned in the margin, amounting with costs and interest up to date of sale to the sum of …….

The sale will be by public auction, and the property will be put up for sale in the lots specified in the schedule.The sale will be of the property of the judgment-debtors above-named as mentioned in the schedule below; and the liabilities and claims attaching to the said property, so far as they have been ascertained, are those specified in the schedule against each lot.In the absence of any order of postponement, the sale will be held by . . . . . . . . . . at the monthly sale commencing at . . . . . . . . . . o’clock on the . . . . . . . . . . at . . . . . . . . . . In the event, however, of the debt above specified and of the costs of the sale being tendered or paid before the knocking down of any lot, the sale will be stopped.At the sale the public generally are invited to bid, either personally or by duly authorized agent. No bid by, or on behalf of, the judgment-creditors above-mentioned, however, will be accepted, nor will any sale to them be valid without the express permission of the Court previously given. The following are the further.

Conditions of sale

1. The particulars specified in the schedule below have been stated to the best of the information of the Court, but the Court will not be answerable for any error, mis-statement or omission in this proclamation.2. The amount by which the biddings are to be increased shall be determined by the officer conducting the sale. In the event of any dispute arising as to the amount bid, or as to the bidder, the lot shall at once be again put up to auction.3. The highest bidder shall be declared to be the purchaser of any lot, provided always that he is legally qualified to bid, and provided that it shall be in the discretion of the Court or officer holding the sale to decline acceptance of the highest bid when the price offered appears so clearly inadequate as to make it advisable to do so.4. For reasons recorded, it shall be in the discretion of the officer conducting the sale to adjourn it subject always to the provisions of rule 69 of Order 21.5. 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 purchaser-money to the officer conducting the sale, and in default of such deposit the property and 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 resold 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.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20. . . .

Judge.

Schedule of Property

Number of lot  Description of property to be sold, with the name of each owner where there are more judgment-debtors than one The revenue assessed upon the estate or part of the estate, if the property to be sold is an interest in estate or a part of an estate paying revenue to Government  Detail of any encumbrances to which the property is liable  Claims, if any, which have been put forward to the property and any other known particular bearing on its nature and value  [481][The value of the property as state by the decree holder The value of the property as stated by the judgment-debtor]

High Court Amendments-[Allahabad].-In Form No. 29, delete the sentence “No bid by….Previously given” in the paragraph above “Conditions of sale”.[Andhra Pradesh].-Same as that of Madras (i)[Kerala].-(i)Same as that of Madras (i)(9.6.1959).(ii) After condition No. 8, the following shall be added, namely:-“9.(a) if the sale in Court cannot be proceeded with owing to the absence of the presiding officer it shall stand adjourned to the corresponding day of the following week.(b) if the sale as proclaimed or as adjourned under clause (a) cannot be proceeded with owing to that day being a holiday, the sale shall stand adjourned to the next Court day.”-(22.0.1964).[Madras].-(i) Add the following as a “Note” to Form No. 29 (Proclamation of sale) Appendix E to Schedule I:-“Note.-The title deeds relating to the property have not been filed in court, and the purchaser will take the property subject to the risk of there being mortgages by deposit of title deeds; or mortgages not disclosed in the encumbrance certificate”.(ii) In the Tabular statement appended to Form No. 29, after column (5), inser the following columns, namely:-“Column (6)-Value of property as stated by the decree-holder.Column (7)-Value of property as stated by the judgment-debtor.”-(10.4.1963).

No. 30

Order on the Nazir for Causing Service of Proclamation of Sale

(Order 21, Rule 66)

(Title)

ToThe Nazir of the Court.Whereas an order has been made for the sale of the property of the judgment-debtor specified in the schedule hereunder annexed, and whereas the . . . . . . . . day of . .. . . . . 20. . ., has been fixed for the sale of the said property, . . . . copies of the proclamation of sale are by this warrant made over to you, and you are hereby ordered to have the proclamation published by beat of drum within each of the properties specified in the said schedule, to affix a copy of the said proclamation on a conspicuous part of each of the said properties and afterwards on the Court-house, and then to submit to this Court a report showing the dates on which and the manner in which the proclamations have been published.Date the . . . . . . . . . . day of. . . . . . . . . . 20. . .

Schedule

Judge.

No. 31

Certificate by Officer Holding a Sale of the Deficiency of Price on a Re-sale of Property by Reason of the Purchaser’s Default

(Order 21, Rule 71)

(Title)

Certified that at the re-sale of the property in execution of the decree in the above-named suit, in consequence of default on the part of. . . . . . . . . . . . . ., purchase, there was a deficiency in the price of the said property amounting to Rs…., and that the expenses attending such re-sale amounted to Rs. . . . . . . . . . . , making a total of Rs. . . . . . . . . . . , which sum is recoverable from the defaulter.Dated the . . . . . . . . . …. day of …. . . . . . . . . . 20. . .

Officer holding the sale

No. 32

Notice to Person in Possession of Movable Property Sold in Execution

(Order 21, Rule 79)

(Title)

ToWhereas . . . . . . . . . . has become the purchaser at a public sale in execution of the decree in the above suit of . . . . . . . . . . now in your possession, you are hereby prohibited from delivering possession of the said . . . . .. . . . to any person except the said . . . . . . . . . .Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20 . . .,

Judge.

No. 33

Prohibitory Order against Payment of Debts Sold in Execution to any Other than the Purchaser

(Order 21, Rule 79)

(Title)

Toand to . . . . . . . . . .Whereas . . . . . . . . . . has become the purchaser at a public sale in execution of the decree in the above suit of . . . . . . . . . . being debts due from you . . . . . . . . . . to you . . . . . . . . . . ; It is ordered that you . . . . . . . . . . be, and you are hereby, prohibited from receiving, and you . . . . . . . . . . from making payment of, the said debt to any person of or person except the said . . . . . . . .Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20. . . .

Judge.

No. 34

Prohibitory Order against the Transfer of Share Sold in Execution

(Order 21, Rule 79)

(Title)

To. . . . . . . . . . and . . . . . .. . . . . . . . . . , Secretary of . . . . . .. . . . . . . . . . . . . . . . . .. . . . . Corporation.Whereas . . . . . . . . . . has become the purchaser at a public sale in execution of the decree, in the above suit, of certain shares in the above Corporation, that is to say, of . . . . . . . . . . standing in the name of you . . . . . . . . .. ; It is ordered that you . . . . . . . . . . be, and you are hereby, prohibited from making any transfer of the said shares to any person except the said . . . . . . . . . . , the purchaser aforesaid, or from receiving any dividends thereon; and you . . . . . . . . . . , Secretary of the said Corporation, from permitting any such transfer or making any such payment to any person except the said . . . . . . . . . . , the purchaser aforesaid.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20 . . . ,

Judge.

No. 35

Certificate to Judgment-debtor Authorising him to Mortgage Lease or Sell Property

(Order 21, Rule 83)

(Title)

Whereas in execution of the decree passed in the above suit an order was made on the . . . . . . . . . …. day of …. .. . . . . . . . 20. . . , for the sale of the under-mentioned property of the judgment-debtor . . . . . . . . . . , and whereas the Court has, on the application of the said judgment-debtor, postponed the said sale to enable him to raise the amount of the decree by mortgage, lease or private sale of the said property or of some part thereof:This is to certify that the Court doth hereby authorize the said judgment-debtor to make the proposed mortgage, lease or sale within a period of . . . . . . . . . . from the date of this certificate; provided that all monies payable under such mortgage, lease or sale be paid into this Court and not to the said judgment-debtor.Description of property Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20. . . .

Judge.

No. 36

Notice to Show Cause Why Sale should not be Set Aside

(Order 21, Rule 90, 92)

(Title)

ToWhereas the under-mentioned property was sold on the . . . . . …. day of …. . . . . . . . . . 20 . . ., in execution of the decree passed in the abovenamed suit, and whereas . . . . . . . . . . , the decree-holder [or judgement-debtor], has applied to this Court to set aside the sale of the said property on the ground of a material irregularity [or fraud] in publishing [or conducting] the sale, namely, that . . . . . . . . . .Take notice that if you have any cause to show why the said application should not be granted, you should appear with your proofs in this Court on the . . . . . . . . . …. day of …. . . . . . . . . . 20 . . ., when the said application will be heard and determined.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20 . . .

Description of property Judge.

Judge.

No. 37

Notice to Show Cause Why Sale should not be Set Aside

(Order 21, Rule 91, 92)

(Title)

ToWhereas . . . . . . . . . . , the purchaser of the under-mentioned property sold on . . . . . . . . . the day of . . . . . . . . . .20 . . ., in execution of the decree passed in the above-named suit, has applied to this Court to set aside the sale of the said property on the ground that . . . . . . . . . . , the judgment-debtor, had no saleable interest therein.Take notice that if you have any cause, to show why the said application should not be granted, you should appear with your proofs in this Court on the . . . . . . . . . …. day of …. . . . . . . . . . 20 . . . ., when the said application will be heard and determiend.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20 . . .

Description of property Judge.

Judge.

No. 38

CERTIFICATE OF SALE OF LAND

[Order 21 Rule 94]

(Title)

This is to certify that………..has been declared the purchaser at a sale by public auction on the ……..day of……..20……,of………in execution of decree in this suit, and that the said sale has been duly confirmed by this Court.Given under my hand and the seal of the Court, this……day of……..20…

Judge

High Court Amendments-[Allahabad].-Substitute the words “Immovable property” for “Land” in the heading.[Bombay].-Substitute the following for Form No. 38:-

No. 38

Certificate of Sale of Land

(Order 21, Rule 94)

(Title)

This is to certify that . . . . . . . . . . has been declared the purchaser at a sale by public auction on the . . . . . . . . ….. day of …. . . . . . . . . . 20 . . ., of . . . . in execution of decree in this suit, and that the said sale has been duly confirmed by this Court.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20. . . .

Judge.

(1.10.1983).

[Kerala].-In Form No. 38, at the end, the following Schedule shall be inserted, namely:-

SCHEDULE

  Number.
  District
  Taluk.
  Village.
  Muri or Desom.
  Lekkom.
  Survey Number.
  Acre.
  Cent.
  Description of the property.
  East.
  South.
  North.
  Right, title and interest on the judgment-debtor in the property.
  Amount specified in the proclamation of the sale.
  Sale amount.

[Madhya Pradesh].-In Form No. 38, insert the word “For Rs……..”between the words “the purchaser” and “at a sale”-(16.9.1960).[Orissa].-Same as that of Patna.[Patna].-Substitute the following Form for Form No. 38:-

No. 38

CERTIFICATE OF SALE OF LAND

[Order 21 Rule 94]

District ………………………………………………….In the Court of ……………………….. at…………….. Execution of Case No……………… of 20….

Decree-holder

versus

Judgment-debtor.

This is to certify that …………………son of ……………, by caste …………………. by occupation……………..resident of ………………… Thana……………., District………….. . has been declared the purchaser at a sale by public auction on the …………………. day of………………… 20…., of the property specified below in execution of the decree in Suit No ……………… of this Court’ and that the said sale has been duly confirmed by this Court.Given under my hand and the seal of the Court, this …………… day2 of …….. 20…….. Specification and price of properties.’

Judge.

No. 39

Order for Delivery to Certified Purchaser of Land at a Sale in Execution

(Order 21, Rule 95)

(Title)

ToThe Bailiff of the Court,Whereas . . . . . . . . . . . . . . . . . . . . has become the certified purchaser . . . . . . . . of . . . . . . . . at a sale in execution of decree in Suit No. . . . . . . . . . . of . . . . . . . . . . 20 . . . ; You are hereby ordered to put the said . . . .. . . . . , the certified purchaser, as aforesaid, in possession of the same.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20. . .

Judge.

High Court Amendments-[Andhra Pradesh].-Same as that of Madras.[Kerala].-Substitute the word “Amin” for “Bailiff” – (9.6.1959).[Madras].-Substitute the following Form for Form No. 39:-

No. 39

ORDER FOR DELIVERY TO CER RCHASER OF LAND AT A SALE IN EXECUTION

[Order 21 Rule 95]

(Title)

ToThe Bailiff of the CourtWhereas ………………………… has become the certified purchaser of …………………… at a sale in execution of decree in Suit No ……………………. of……… 20….; You are hereby ordered to put the said …………………… the certified purchaser, as aforesaid, in possession of the same.Given under my hand and the seal of the Court, this ………………… day of ………….. 20……..

Judge.

No. 40

Summons to Appear and Answer Charge of Obstructing Execution of Decree

(Order 21, Rule 97)

(Title)

ToWhereas . . . . . . . . . . . . . . . . . . . . the decree-holder in the above suit, has complained to this Court that you have resisted (or obstructed) the officer charged with the execution of the warrant for possession:You are hereby summoned to appear in this Court on the . . . . . .. . . . . . . . …. day of …. . . . . . . . . 20. . . . ., at . . . . a.m., to answer the said complaint.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20. . .

Judge.

No. 41

Warrant of Committal

(Order 21, Rule 98)

(Title)

ToThe officer in charge of the Jail at. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Whereas the under-mentioned property has been decreed to . . . . . . . . . . , the plaintiff in this suit, and whereas the Court is satisfied that . . . . . . . . . . without any just cause resisted [or obstructed] and is still resisting [or obstructing] the said . . . . . . . . . . in obtaining possession of the property, and whereas the said . .. . . . . . . . . . . has made application to this Court that he said . . . . . . . . . . be committed to the civil prison;You are hereby commanded and required to take and receive the said . . . . . . . . . . into the civil prison and to keep him imprisoned therein for the period of . . . . . . . . . . days.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20 . . .

Judge.

No. 42

Authority of the Collector to Stay Public Sale of Land

(Section 72)

(Title)

ToCollector of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Sir,In answer to your communication No. . . . . . . . . . . dated . . . . . . . . . . representing that the sale in execution of the decree in this suit of . . . . . . . . . . . . . . . . . . . . land situate within your district is objectionable, I have the honour to inform you that you are authorised to make provision for the satisfaction of the said deree in the manner recommended by you.

I have the honour to be,

Sir,

Your obedient servant Judge.

Judge.

High Court Amendment-[Allahabad].-Add the following Form as Form No. 43:-

“No. 43

The security to be furnished under section 55(4) shall be, as nearly as may be, by a bond in the following form:In the Court of ……………… at……………… Suit No………………… of ………… 20 …..A.B. of …………………………………………….

Plaintiff

against

C. D. of ……………………………………………

Defendant

Whereas in execution of the decree in the suit aforesaid, the said C.D. has beenarrested under a warrant and brought before the Court of ……………: and whereas the said C.D. , has applied for his discharge on the ground that he undertakes within one month to apply under section 5 of Act No. III of 1907 to be declared an insolvent, and the said Court has ordered that the said C.D, shall be released from custody if the said C.D., furnished good and sufficient security in the sum of Rs ………………….. that he will appear when called upon and that he will within one month from this date apply under section 5 of Act III of 1907 to be declared an insolvent;Therefore, I, E.F., inhabitant of …………… have voluntarily become security, and do hereby bind myself, my heirs and executors, to …………… as Judge of the said Court and his successors in office that the said C.D. will appear at any time when called upon by the said Court, and will apply in the manner and within the time herein before set forth, and in default of such appearance or of such application, I bind myself, my heirs and executors, to pay to the said Court on its order, the sum of Rs …………………Witness my hand at this …………. day of …………… 20 …………Witness:

(Sd.) E.F.

Surety”

(22-5-1915).

APPENDIX F

SUPPLEMENTAL PROCEEDINGS

No. 1

Warrant of Arrest before Judgment

(Order 38, Rule 1)

(Title)

ToThe Bailiff of the Court.

Whereas ……………………. the plaintiff in the above suit, claims the sum of Rs. …………………….as noted in the margin, and has proved to the satisfaction of the Court that there is probable cause for believing that the defendant is about to…………………….These are to command you to demand and receive from the said ……………………. the sum of Rs. …………………….as sufficient to satisfy the plaintiff’s claim, and unless the said sum of Rs. …………………….is forthwith delivered to you by or on behalf of the said ……………………. to take the said ……………………. into custody, and to bring him before this Court in order that he may show cause why he should not furnish security to the amount of Rs ……………………. for his personal appearance before the Court, until such time as the said suit shall be fully and finally disposed of, and until satisfaction of any decree that may be passed against him in the suit.  
Principal  
Interest  
Costs  
Total
 

Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20. . .

Judge.

High Court Amendment-[Kerala].-Substitute the word “Amin” for “Bailiff”-(9.6.1959).

No. 2

Security for Appearance of a Defendant Arrested before Judgment

(Order 38, Rule 2)

(Title)

Whereas at the instance of . . . . . . . . . . , the plaintiff in the above suit, the defendant, has been arrested and brought before the Court;And whereas on the failure of the said defendant to show cause why he should not furnish security for his appearance, the Court has ordered him to furnish such security:Therefore I . . . . . . . . . . . . . have voluntarily become surety and do hereby bind myself, my heirs and executors, to the said Court, that the said defendant shall appear 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 said suit; and in default of such appearance I bind myself, my heirs and executors, to pay to the said Court, at its order, any sum of money that may be adjudged against the said defendant in the said suit.Witness my hand at . . . . . . . . . . this . . . . . . . . . …. day of …. . . . . . . . . . 20 . . .

(Signed)

Witnesses.1.2.

No. 3

Summons to Defendant to Appear on Surety’s Application For Discharge

(Order 38, Rule 3)

(Title)

ToWhereas . . . . . . . . . . , who became surety on the . . . . . . . . . …. day of …. . . . . . . . . . 20. . . for your appearance in the above suit, has applied to this Court to be discharged from this obligation:You are hereby summoned to appear in this Court in person on the . . . . . . . . . …. day of …. . . . . . . . . . 20. . . , at . .. . . . . . . . a.m., where the said application will be heard and determined.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20. . .

Judge.

No. 4

Order For Committal

(Order 38, Rule 4)

(Title)

ToWhereas . . . . . . . . . . , plaintiff in this suit, has made application to the Court that security be taken for the appearance of . . . . . . . . . . , the defendant, to answer any judgment that may be passed against him in the suit; and whereas the Court has called upon the defendant to furnish such security, or to offer a sufficient deposit in lieu of security, which he had failed to do; it is ordered that the said defendant . . . . . . . . . . be committed to the civil prison until the decision of the suit; or, if judgment be pronounced against him, until satisfaction of the decree.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20. . . .

Judge

No. 5

Attachment before Judgment, with Order to Call for Security for Fulfilment of Decree

(Order 38, Rule 5)

(Title)

ToThe Bailiff of the Court.Whereas . . . . . . . . . . has proved to the satisfaction of the Court that the defendant in the above suit . . . . . . . . .. ; . . . . . . . . . . . . . . . . . . . .These are to command you to call upon the said defendant . . . . . . . . . . on or before the . . . . . . . . . . . . . …. day of …. . . . . . . . . . 20 . . . . . . . . . . either to furnish security for the sum of rupees . . . . . . . . . . to produce and place at the disposal of this Court when required . . . . . . . . . . for the value thereof, or such portion of the value as may be sufficient to satisfy any decree that may be passed against him; or to appear and show cause why he should not furnish security; and you are further ordered to attach the said . . . . . . . . . . and keep the same under safe and secure custody until the further order of the Court; and you are further commanded to retun this warrant on or before the . . . . . . . . . …. day of …. . . . . . . . . . 20. . . , with an endorsement certifying the date on which and the manner in which it has been executed, or the reason why it has not been executed.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20. . .

Judge.

High Court Amendment-[Kerala].-Substitute the word “Amin” for “Bailiff:-(9.6.1959).

No. 6

Security for the Production of Property

(Order 38, Rule 5)

(Title)

Whereas at the instance of . . . . . . . . . . , the plaintiff in the above suit, . . . . . . . . . . . the defendant has been directed by the Court to furnish security in the sum of Rs. . . . . . . . . . . to produce and place at the disposal of the Court the property specified in the schedule hereunto annexed;Therefore I . . . . . . . . . . have voluntarily become surety and do hereby bind myself, my heirs and executors, to the said Court, that the said defendant shall produce and place at the disposal of the court, when required, the property specified in the said schedule, or the value of the same, or such portion thereof as may be sufficient to satisfy the decree; and in default of his so doing I bind myself, my heirs and executors, to pay to the said Court, at its order; the said sum of Rs. . . . . . . . . . . of such sum not exceeding the said sum as the said Court may adjudge.

Schedule

Witness my hand at . . . . . . . . . . this day of . . . . . . . . . . 20. . .

(Signed)

Witnesses.1.2.High Court Amendment-[Madras].-Insert the following as Form No. 6-A:-

No. 6-A

NOTICE

Order 38, Rule 5

Title

To

(Defendant’s name and address)

Whereas …………………………….. the plaintiff has made the above application praying for an attachment before judgment of the property mentioned in the schedule hereunder to answer any judgment that may be passed in his favour.Take notice that you ………………………………. the defendant, are hereby directed on or before ………………………………1. To furnish security of sum of Rs ……………………….. (Rupees only).2. To produce and place at the disposal of the Court when required the entire property ……………………/items of the property …………………../the value of the entire property ……………../the value of the items of the property ………………………. mentioned in the Schedule hereunder sufficient to satisfy the decree that may be passed in favour of the plaintiff.3. To appear and show cause why you should not furnish security.Given under my hand and the seal of the Court, this ………………… day of ………….. 20………

Judge.

The Schedule

(28-10-1985)

No. 7

Attachment before Judgment, on Proof of Failure to Furnish Security

(Order 38, Rule 6)

(Title)

ToThe Bailiff of the Court.Whereas . . . . . . . . . . , the plaintiff in this suit, has applied to the Court to call upon . . . . . . . . . . the defendant, to furnish security to fulfil any decree that may be passed against him in the suit, and whereas the Court has called upon the said . . . . . . . . . . to furnish such security, which he has failed to do; these are to command you to attach . . . . . . . . . . , the property of the said . . . . . . . . . . , and keep the same under safe and secure custody until the further order of the Court, and you are further commanded to return this warrant on or before the . . . . . . . . . …. day of …. . . . . . . . . . 20 . . . . . . . . . . with an endorsement certifying the date on which and the manner in which it has been executed, or the reason why it has not been executed.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20. . . .

Judge.

High Court Amendments-[Andhra Pradesh].-Same as that of Madras.[Kerala].-Same as that of Madras and for the word “Bailiff” substitute the word “Amin” – (9.6.1959).[Madras].-Insert the following as Form No. 7-A:-

“No. 7-A

ATTACHMENT OF IMMOVABLE PROPERTY BEFORE JUDGMENT

(Title)

To

(Defendant)

Whereas on the application of ……………… the plaintiff ……………. in this suit, the Court calledupon you ………….. the defendant to furnish security to fulfil any decree that may be passed against you in the suit or to show cause why you should not furnish such security and (you have failed to show cause why you should fur nish such security)/(you have failed to fur rush security required within the time) fixed by the Court, it is ordered that you, the said ……………………………… be, and you are hereby prohibited and restrained until the further order of this Court, from transferring or charging the properties described in the schedule hereto annexed by sale, gift or otherwise and that all persons be, and that they are hereby prohibited and restrained from receiving the same by purchase, gift or otherwise.Given under my hand and the seal of the Court, this ………………… day of ………….. 20……..

Judge.

Schedule”

No. 8

Temporary Injunctions

(Order 39, Rule 1)

(Title)

Upon motion made unto this Court by . . . . . . . . . . Pleader of [or Counsel for] the plaintiffA. B., and upon reading the petition of the said plaintiff in this matter filed [this day] [or the plaint filed in this suit on the . . . . .. . . . . …. day of …. . . . . . . . . . ,or the written statement of the said plaintiff filed on the . . . . . . . . …. day of …. . . . . . . . . .] and upon hearing the evidence of . . . . . . . . . . and . . . . . . . . . . in support thereof [if after notice and defendant not appearing: and, and also, the evidence of . . . . . . . . . . as to service of notice of this motion upon the defendantC.D.]: This Court doth order that an injunction be awarded to restrain the defendantC.D., his servants, agents and workmen, from pulling down, or suffering to be pulled down, the house in the plaint in the said suit of the plaintiff mentioned [or in the written statement,or petition, of the plaintiff and evidence at the hearing of this motion mentioned], being No. 9, Oilmongers Street, Hindupur, in a Taluk of . . . . . . . . . . and from selling the materials where of the said house is composed, until the hearing of this suit of until the further order of this Court.Dated this . . . . . . . . . …. day of …. . . . . . . . . . 20. . . .

Judge.

[Where the injunction is sought to restrain the negotiation of a note or bill, the ordering part of the order may run thus:—]. . . . . . . . . . to restrain the defendant . . . . . . . . . . and . . . . . . . . . . from parting without of the custody of them or any of them or endorsing, assigning or negotiating the promisory note [or bill of exchange] in question, dated on or about the . . . . . . . . . . , etc., mentioned in the plaintiff’s plaint [or petition] and the evidence heard at this motion until the hearing of this suit, or until the further order of this Court.[In Copyright cases] to restrain the defendantC.D., his servants, agents or workmen, from printing, publishing or vending a book, called . . . . . . . . . . or any part thereof, until the, etc.[Where part only of a book is to be restrained]. . . . . . . . . . to restrain the defendantC.D., his servant, agents or workmen, from printing, publishing, selling or otherwise disposing of such parts of the book in the plaint [or petition and evidence, etc.] mentioned to have been published by the defendant as hereinafter specified, namely, that part of the said book which is entitled. . . . . . . . . . and also that part which is entitled . . . . . . . . . . [or which is contained in page . . . . . . . . . . to page .. . . . . . . . . both inclusive] until . . . . . . . . . . , etc.[In Patent cases] . . . . . . . . . . to restrain the defendantC. D., his agents, servants and workmen, from making or vending any perforated bricks [or as the case may be] upon the principle of the inventions in the plaintiff’s plaint [or petition, etc.,or written statement, etc.,] mentioned, belonging to the plaintiffs, or either of them, during the remainder of the respective terms of the patents in the plaintiff’s plaint [or as the case may be] mentioned, and from counterfeiting, imitating or resembling the same inventions or either of them, or making any addition thereto, or substraction therefrom, until the hearing, etc.[In cases of Trade marks] . . . . . . . . . . to restrain the defendantC.D., his servants, agents or workmen, from selling, or exposing for sale, or procuring to be sold, any composition or blacking [or as the case may be] described as or purporting to be blacking manufactured by the plaintiffA.B., in bottles having affixed thereto such labels as in the plaintiff’s plaint [or petition, etc.] mentioned, or any other labels so contrived or expressed as, by colourable imitation or otherwise, to represent the composition or blacking sold by the defendant to be the same as the composition or blacking manufactured and sold by the plaintiffA.B., and from using trade-cards so contrived or expressed as to represent that any composition or blacking sold or proposed to be sold by the defendant is the same as the composition or blacking manufactured or sold by the plaintiffA.B., until the, etc.[To restrain a partner from in any way interfering in the business]to restrain the defendantC.D., his agents, and servants, from entering into any contract, and from accepting, drawing, endorsing or negotiating any bill of exchange, note or written security in the name of the partnership firm ofB. andD., and from contracting any debt, buying and selling any goods, and from making or entering into any verbal or written promise, agreement or undertaking, and from doing, or causing to be done, any act, in the name or the credit of the said partnership-firm ofB. andD., or whereby the said partnership-firm can or may in any manner become or be made liable to or for the payment of any sum of money, or for the performance of any contract, promise or undertaking until the, etc.

No. 9

Appointment of a Receiver

(Order 40, Rule 1)

(Title)

ToWhereas . . . . . . . . . . has been attached in execution of a decree passed in the above suit on the . . . . . . . . . …. day of …. . . . . . . . . . 20. . ., in favour of . . . . . . . . . . ; You are hereby (subject to your giving security to the satisfaction of the Court) appointed receiver of the said property under Order 40 of the Code of Civil Procedure, 1908, with full powers under the provisions of that Order.You are required to render a due and proper account of your receipts and disbursements in respect of the said property on . . . . . . . . . . You will be entitled to remuneration at the rate of . . . . . . . . . . per cent. upon your receipts under the authority of this appointment.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . . . 20. . .

Judge

High Court Amendments-[Andhra Pradesh].-Same as that of Madras.[Kerala].-Same as that of Madras – (9.6.1959).[Madras].-Substitute the following for Form No. 9 of Appendix F to Schedule 1:-

No. 9

APPOINTMENT OF A RECEIVER

[Order 40 Rule 1]

(Title)

Whereas it appears to the Court that in the above suit it is just and convenient to appoint a receiver of the properties specified below (or whereas the properties specifiedbelow have been attached in execution of a decree passed in the above suit on the ………………. day of …………………… 2-0…., in favour of ……………).It is hereby ordered that A B, be appointed (subject to his giving security to the satisfaction of the Court) the receiver of the said property and of the rents, issues and profits thereof under Order 40, of the Code of Civil Procedure, 1908, with all powers under the provisions of that Order except that he shall not without leave of the Court (1) grant leases for a term exceeding three years, or (2) institute suits in any court (except suits for rent), or (3) institute appeals in any Court (except from a decree in a rent suit) where the value of the appeal is over Rs. 1,000, or (4) expend on the repairs of any property in any period of two years more than half of the net annual rental of the property to be repaired, such rental being calculated at the amount at which the property to be repaired, would be let when in a fair state of repair, provided that such amount shall not exceed Rs. 1,000.And it is further ordered that the parties to the above suit and all persons defendants claiming under them do deliver up quiet possession of the properties, movable and immovable, specified below together with all leases, agreements for lease, kabuliats, account books, papers, memoranda and writings relating thereto the said receiver. And it is further ordered that the said receiver do take possession of the said property, movable and immovable, and collect the rents, issues and profits of the said immovable property, and that the tenants and occupiers do attorn and pay their rents in arrears and growing rents to the said receiver. And it is further ordered that the said receiver shall have power to bring and defend suit in his own name and shall also have power to use the names of the plaintiffs and defendants where necessary. And it is further ordered that the receipt or receipts of the said receiver shall be a sufficient discharge for all such sum or sums of money or property as shall be paid or delivered to him as such receiver.And it is further ordered that the parties/defendants said receiver do, out of the first money to be received by him, pay the debts due from the said …………………………….. and shall be entitled to retain in his hands the sum of Rs……………. for current expenses, but subject thereto shall pay his net receipts, as soon as the same come to his hands into Court to the credit of the suit. He shall once in every …………… month, file his accounts and vouchers in Court, the first account to be filed on the day of ………. and to be passed on the ………………. day of ……………… He shall be entitled to commission at the rate of Rs …………….. per cent. on the net amounts collected by him or to the sum of Rs …………………… per month (or as the case may be) as his remuneration (or he shall act without any remuneration).And it is further ordered (where an additional office, establishment is required) that the said receiver shall be allowed to charge to the estate in addition to his own office establishment the following further establishment:(Here enter specification of property)Given under my hand and the seal of the Court, this ………………… day of ………….. 20……..

Judge.

No. 10

Bond to be Given by Receiver

(Order 40, Rule 3)

(Title)

Know all men by these presents, that we, . . . . . . . . . . and . . . . . . . . . . and . . . . . . . . . . , are jointly and severally bound to . . . . . . . . . . of the Court of . . . . . . . . . . in Rs. . . . . . . . . . . to be paid to be said . . . . . . . . . . or his successor in office for the time being. For which payment to be made we bind ourselves, and each of us, in the whole, our and each of our heirs, executors and administrators, jointly and severally, by these presents.Dated this . . . . . . . . . …. day of …. . . . . . . . . . 20.. .Whereas a plaint has been filed in this Court by . . . . . . . . . . against . . . . . . . . . . for the purpose of [here insert the object of suit]:And whereas the said . . . . . . . . . . has been appointed, by order of the above-mentioned Court, to receive the rents and profits of the immovable property and to get in the outstanding movable property of . . . . . . . . . . . . .. .in the said plaint named: . . . . . . . . . . . . . . . .Now the condition of this obligation is such, that if the above-bounden . . . . . . . . . . shall duly account for all and every the sum and sums of money which he shall so receive on account of the rents and profits of the immovable property, and in respect of the movable property, of the said . . . . . . . . . . at such periods as the said Court shall appoint, and shall duly pay the balances which shall from time to time be certified to be due from him as the said Court hath directed or shall hereafter direct, then this obligation shall be void otherwise it shall remain in full force.Signed and delivered by the above-bounden in the presence of . . . . . . . . . . . . . .Note.—If deposit of money is made, the memorandum thereof should follow the terms and the condition of the bond.High Court Amendments.-[Andhra Pradesh].-Same as that of Madras.[Madras].-For the space and the words “or his successor in office for the time being” substitute the word “Court”.

Form No. 11

High Court Amendment-[Allahabad].-Add the following form as Form No. 11:-

“No.11

The security to be furnished under Order 38, Rule 9, shall be as nearly as may be, by a bond in the following form:In the Court of ………………….. at …………………. Suit No………………………. of………….. 20………..…………………………………………………………………………………………………………………………………………………………. Plaintiff.

VS.

…………………………………………………………………………………………………………………………………………………… Defendant.Amount of suit, Rupees ……………………Whereas in the suit above specified the plaintiff…………….aforesaid has applied to the said Court that the said defendant …………………… may be called on to furnish sufficient security to fulfil any decree that may be passed against him in the said suit, or that on his failure so to do certain property of the said defendant ……….. may be attached.And whereas, on the failure of the said defendant …………………………. to furnish such security, or, show cause why it should not be furnished the property aforesaid of the said defendant. ………………….. has been attached by order of the said Court :Therefore, I ………………… inhabitant of ……………. have voluntarily become security and hereby bind myself, my heirs and executors, to …………….. as Judge of the said Court, and his successors in office, that the said defendant ………., shall produce and place at the disposal of the said Court, when required, the property hereinbelow specified, namely (here give description of property or refer to an annexed Schedule) or the value of the same, or such portion thereof as may be sufficient to fulfil such decree and shall when required pay the costs of the attachment, and in default of his so doing I bind myself, my heirs and executors to pay to ………….. as Judge of the said Court and his successors in office on its order, such sum to the extent of rupees (here enter a sufficient sum to cover the amount of suit, with costs and the costs of the attachment) as the said Court may adjudge against the said defendant.Witness my hand at ………………….. this …………………… day of ………….. 20 …

(signed.)

(Surety)”

22.5.1915).

Witnesses:[Andhra Pradesh].-Same as that of Madras.[Kerala].-Same as that of Madras-(9.6.1959).[Madras].-Add the following as Form No. 11.

No. 11

BOND TO BE GIVEN BY RECEIVER (ORD 40, RULE 3) WHERE IMMOVABLE PROPERTY IS OFFERED AS SECURITY

Know all men by these presents, that we and …………………. are jointly and severally bound to the Court of …………….. in Rs………………….. to be paid to the said Court, for which payment to be made we bind ourselves and each of us, in the whole, our and each of our heirs, executors and administrators, jointly and severally by these presents and we do as security for the said payment, mortgage to the Judge of the said Court, his successors in office and assigns the undermentioned immovable properties which belong to us and of which we are possessed and which are free from mortgage, charge or any other encumbrance and the title deeds of which have been lodged in the District Court ……………………………………..Dated this ………………………….. day of ………………. 20 …………………(Paras from two onwards in Form No.10 will form the remaining portion of the bond.)

Form No.12

[Order 39 Rule 2(2)]

The security to be furnished under Order 39, Rule 2(2) shall be, as far as may be, by a bond in the following form :In the Court of ………………………….. at ………………………. Suit No…………….. of ……… 20………..,……………………………………………………………………………………………………………………………. Plaintiff.

vs.

……………………………………………………………………………………………………………………………. Defendant.Whereas in the suit above specified, instituted by the said plaintiff …………… to restrain the said defendant …………… from (here state the breach of contract or other injury), the said Court, has on the application of the said plaintiff …………… granted an injunction to restrain the said defendant from the repetition (or the continuance) of the said breach of contract (or wrongful act complained of), and required security from the said defendant against such repetition (or continuance):Therefore, I . …………………… . inhabitant of…………….. have voluntarily become security and do hereby bind myself, my heirs and executors . ………………….. to ………………, as Judge of the said Court and his successors in office that the said defendant ……………. shall abstain from the repetition (or continuance) of the breach of contract aforesaid (or wrongful act, or from the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating to the same property or right), and in default of his so abstaining, I bind myself, my heirs and executors to pay into Court, on the order of the Court, such sum to the extent of rupees as the Court shall adjudge against the said defendant.Witness my hand at this ………………. day of ………………. 20 …….

(Signed)

Surety.”

(25-5-1915).Witnesses:

APPENDIX G

APPEAL, REFERENCE AND REVIEW

No. 1

Memornadum of Appeal

(Order 4l, Rule 1)

(Title)

The. . . . . . . . above-named appeals to the . . . . . . . . . . Court at . . . . . . . . . . from the decree of . . . . . . . . . . in Suit No. . . . . . . . . . . of . . . . . . . . . . 20 . . . . . . , dated the . . . . . . . . . …. day of …. . . . . . . . . . 20 . . . , and sets forth the following grounds of objection to the decree appealed from, namely:—

No. 2

Security Bond to be Given on Order Being Made to Stay Execution of Decree

(Order 41, Rule 5)

(Title)

ToThis security bond on stay of execution of decree executed by . . . . . . . . . . witnesseth:—That . . . . . . . . . . , the plaintiff in Suit No. . . . . . . . . . . of 20 . . . having sued . . . . . . . . . . , the defendant, in this Court and a decree having been passed on the . . . . . . . . . …. day of …. . . . . . . . . . 20 . . . , in favour of the plaintiff,239 and the defendant having preferred an appeal from the said decree in the . . . . . . . . . . Court, the said appeal is still pending.Now the plaintiff decree-holder having applied to execute the decree, the defendant has made an application praying for stay of execution and has been called upon to furnish security. Accordingly I, of my own free will, stand security to the extent of Rs. . . . . . . . . . ., mortgaging the properties specified in the schedule hereunto annexed, and covenant that if the decree of the first Court be confirmed or varied by the Appellate Court the said defendant shall duly act in accordance with the decree of the Appellate Court and shall pay whatever may be payable by him thereunder, and if he should fail theein then any amount so payable shall be realized from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are insufficient to pay the amount due, I and my legal representatives will be personally liable to pay the balance. To this effect I execute this security bond this . . . . . . . . . …. day of …. . . . . . . . . 20. . .

Schedule

(Signed)

Witnessed by1.2.High Court Amendment-[Andhra Pradesh].-Same as that of Madras.[Bombay].-The following to be added:-“Note.-Unless appropriately altered, the printed form binds the surety only to an immediate appeal from the decree mentioned in the bond and does not cover any obligation in respect of any further appeal.”-(1.10.1983).[Kerala].-Insert after the words “varied by the appellate Court” the words “or in further appeal from the decree of the said Court.”-(9.6.1959).[Madras].-In the second para, after the word “be confirmed or varied by the appellate Court” insert the words “or in further appeal or appeals from the decree of the said Court”.

No. 3

Security Bond to be Given During the Pendency of Appeal

(Order 41, Rule 6)

(Title)

ToThis security bond on stay of execution of decree executed by witnesseseth:—That . . . . . . . . . . , the plaintiff in Suit No. . . . . . . . of . . . 20 . . . , having sued, the defendant, in this Court and a decree having been passed on the . . …. day of …. . . 20 . . ., in favour of the plaintiff, and the defendant having preferred an appeal from the said decree in the Court, the said appeal is still pending.Now the plaintiff decree-holder has applied for execution of the said decree and has been called upon to furnish security. Accordingly I, of my own free will, stand security to the extent of Rs. . . . , mortgaging the properties specified in the schedule hereunto annexed, and covenant that if the decree of the first Court be reversed or varied by the Appellate Court, the plaintiff shall restore any property which may be or has been taken in execution of the said decree and shall duly act in accordance with the decree of the Appellate Court and shall pay whatever may be payable by him thereunder, and if he should fail therein then any amount so payable shall be realized from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are insufficient to pay the amount due, I and my legal representatives will be personally liable to pay the balance. To this effect I execute this security bond this . . . . . . . . . …. day of …. . . . . . . . . . 20 . . . .

Schedule

(Signed)

Witnessed by1.2.High Court Amendments.-[Andhra Pradesh].-Same as that of Madras.[Bombay].-(1) For the opening words “This security bond, on stay of execution of decree executed by” the following shall be inserted : “This security bond, on order being made for execution of decree, executed by”(2) The following to be added at the end of Form 3 :-“Note.-Unless appropriately altered, the printed form bind the surety only to an immediate appeal from the decree mentioned in the bond, and does not cover any obligation in respect of any further appeal.”-(1.10.1983).[Kerala].-Same as that of Madras-(9.6.1959).[Madras].-In the second para after the words “be reserved or varied by the appellate Court” inser the words “or in further appeal or appeals from the decree of the said Court”.

No. 4

Security for Costs of Appeal

(Order 4l, Rule 10)

(Title)

ToThis security bond for costs of appeal executed by . . . . . . . . witnesseth:—This appellant has preferred an appeal from the decree in Suit No. . . . . . . . . . . of . . . 20 . . ., against the respondent, and has been called upon to furnish security. Accordingly I, of my own free will stand security for the costs of the appeal, mortgaging the properties specified in the Schedule hereunto annexed. I shall not transfer the said properties or any part thereof, and in the event of any default on the part of the appellant. I shall duly carry out any order that may be made against me with regard to payment of the costs of appeal.Any amount so payable shall be realized from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are insufficient to pay the amount due I and my legal representatives will be personally liable to pay the balance. To this effect I execute this security bond this . . . . . . . . . …. day of …. . . . . . . . . . 20 . . .

Schedule

(Signed)

Witnessed by1.2.

No. 5

Intimation to Lower Court of Admission of Appeal

(Order 4l, Rule 13)

(Title)

ToYou are hereby directed to take notice that . . . . . . . . . . , the . . . . . . . . . . in the above suit, has preferred an appeal to this Court from the decree passed by you therein on the . . …. day of …. . . . . . . . . . 20 . . .You are requred to send with all practicable despatch all material papers in suit.Dated the . . . . . . . . . …. day of …. . . . . . . . . . 20 . . .

Judge.

No. 6

Notice to Respondent of the Day Fixed for the Hearing of the Appeal

(Order 4l, Rule 14)

(Title)

Appeal from the . . . . . . . . . . of the Court . . . . . . . . . . of . . . . . . . . . . the . . . . . . . . . …. day of …. . . . . . . . 20 . . .To

Respondent

Take notice that an appeal from the decree of . . . . . . . . . . in this case has been presented by . . . . . . . . . . and registered in this Court, and that the . . . . . . . . . …. day of …. . . . . . . . . . 20 . . . . . . . . . . has been fixed by this Court for the hearing of this appeal.If no appearance is made on your behalf by yourself, your pleader, or by some one by law authorized to act for you in this appeal, it will be heard and decided in your absence.Given under my hand and the seal of the Court, this. . . . . . . . day of . . . . . . . . .20 . . .

Judge.

[Note—If a stay of execution has been ordered, intimation should be given of the fact on this notice.]High Court Amendments-[Andhra Pradesh].-Same as that of Madras.[Kerala].-Forms 6-A and 6-B as in Madras except for “Madras” substitute “Kerala.”-(9.6.1959).[Madras].-Insert the following not in red ink in Form no. 6 of Appendix G to Schedule I, namely:-“Also take notice that if an address for service is not filed before the aforesaid date, this appeal is liable to be heard and decided as if you had made an appearance”.Insert the following Forms as 6-A and 6-B in Appendix G to the First Schedule of the Code of Civil Procedure:-

No. 6-A

NOTICE TO RESPONDENT

[0.41-A, Rule 2]

(Cause Title)

Appeal from the …………………………….. of the Court of ……………………….. dated the …………………….. day of ……………………… 20……….To

Respondent

Take notice that an appeal from the above decree (order) has been presented by theabove-named appellant and registered in this Court, and that if you intend to defend the same you must enter an appearance in this Court and give notice thereof to the appellant or his pleader within 30 days after the service of this notice on you.If no appearance is entered on your behalf by yourself, your pleader or some one by law authorised,tgact for you in this appeal, it will be heard and decided in your absence.The address for service of the appellant is that of his pleader. Mr. A.B. of (insert address), Madras.(If the appellant appears in person, insert his address for service).Given under my hand and the seal of the Court, this ………………… day of ………….. 20 …………..

Registrar

(Interlocutory application No …………………… . of 20.. … has been made by appellant, and execution has been stayed (or other orderade~hy..ur r ated the ……………….. day of ………………. 20….

No. 6-B

MEMORANDUM OF APPEARANCE

[0.41-A, Rule 3]

(Cause Title)

Take notice that the …………………. respondent intends to appear and defend the above appeal, and that his address for service of all notices and process is (insert address).The said respondent requires a list of the papers which the appellant proposes to translate and print.Dated this …………………………… day of …………………… 20 ……………

(Signed) C.D.

Vakil for Respondent.

ToThe Registrar, High Court of Judicature, Madras.”

(18-10-1917).

No. 7

Notice to a Party to a Suit not made a Party to the Appeal but Joined by the Court as a Respondent

(Order 41, Rule 20)

(Title)

ToWhereas you were a party in Suit No. . . . . . . . . . of . . . ., in the Court of, . . . . . . . . . . , and whereas the . . . . . . has perferred an appeal to this Court from the decree passed against him in the said suit and it appears to this Court that you are interested in the result of the said appeal:This is to give you notice that this Court has directed you to be made a respondent in the said appeal and has adjourned the hearing thereof till the . . . . . . . . . . . . …. day of …. . . . . . . . . . 20 . . . , at . . . a.m. If no appearance is made on your behalf on the said day and at the said hour the appeal will be heard and decided in your absence.Given under my hand and the seal of the Court, this. . . . . . . . day of . . . . . . . . .20 . . .

Judge.

No. 8

Memorandum of Cross Objection

(Order 41, Rule 22)

(Title)

Whereas the . . . . . . has preferred an appeal to the . . . . Court at . . . . . . . . . . from the decree of . . . . . . . . . in Suit No. . . . of 20 . . . , dated the . . . . . . . . . . . .day of . . . . . . . . .20 . . , and whereas notice of the day fixed for hearing the appeal was served on the . . . . . . . . . . . . . on the . . . . . . . . . . . .day of . . . . . .. . . . .20 . . . , the . . .. . . . . . files this memorandum of cross objection under rule 22 of Order 41 of the Code of Civil Procedure,1908, and sets forth the following grounds of objection to the decree appealed from, namely:—

No. 9

Decree in Appeal

(Order 41, Rule 35)

(Title)

Appeal No. . . . . . . . . . . of 20 . . . from the decree of the Court of . . . . . . . . . dated the . . . . . . . . …. day of …. . . 20 .. .Memorandum of Appeal.

Plaintiff.

vs.

Defendant.

The . . . . . . . . . . above-named appeal to the . . . . . . . . . Court at . . . . . . . . . . from the decree of . . . . . . . . . . in the above suit, dated the . . . . . . . . . …. day of …. . . . . 20 . . . , for the following reasons, namely:—This appeal coming on for hearing on the . . . . . . . . . . day of. . . . . 20 . . . , before . . . . . . . . . . in the presence of . . . . . . . . . . or the appellant and of . . . . . . . . . . for the respondent, it is ordered—The costs of this appeal, as detailed below, amounting to Rs. . . are to be paid by . . . . . . . . . . The costs of the original suit are to be paid by . . . . . . . . . . . . . . . . . . . . . . . .Given under my hand this . . . . . . . . . …. day of …. . . . . . . . . 20 . . .

Judge

Plaintiff Defendant
    Rs A.P.     Rs. A.P.
1.   Stamp for plaint ……   Stamp for power …..  
2.   Do. for power ……   Do. for petition ……  
3.   Do. for exhibit ……   Pleader’s fee …..  
4.   Pleader’s fee on Rs. ……   Subsistence for witnesses …..  
5.   Subsistence for witness …..   Service of process ……  
6.   Commissioner’s fee …..   Commissioner’s fee …….  
7.   Service of process ……      
    _______     _______
Total ……   Total ……

High Court Amendments.-[Andhra Pradesh].-Same as that of Madras.[Calcutta].-The words from “Memorandum of appeal……….” to “following reasons, namely:-” to be omitted.[Gauhati].-Same as that of Calcutta.[Kerala].-Same as in Madra except for the addition of the following item in the particulars of costs on the Respondent’s side-“5. Fee for preparation of process.”-(9.6.1959).[Madras].-Substitute the following for Form No. 9 in Appendix G :-

“No.9

DECREE/ORDER

In the Court of thePresent:-

Judge

day,……………….the…………..day of………………………………..20…………………..

Appeal Suit No…………………………of20………………………………
Civil Miscellaneous Appeal Suit

Between:

Appellant.

and

Respondent.

On appeal from the Decree/Order of the Court of…………..dated the……day of……………….20,………., and made in…………..

Original Suit No……………………of 20…….
Execution Petition
Interlocutory Application

Between:

Plaintiff-Petitioner.

and

Defendant-Respondent.

Particulars of valuation

        Rs. A.P.
1.   Valuation of Appeal    
2.   Do.           suit    

DECREE/ORDER :-This appeal coming on this day for hearing having been heard on the …….day of……20….,upon perusing the grounds of appeal, the Decree/Order and judgment of the lower Court and the material papers in the case and upon hearing the arguments of Mr……for the Appellant and of Mr……for the Respondent, and the appeal having stood over to this day for consideration, this Court doth order and decree that the Decree/Order of the lower Court be and hereby is confirmed and this appeal dismissed………….This Court doth further order and decree that the Appellant ( )…do pay to the Respondent ( ) Rs……..for……..costs in this appeal and do bear…..own costs of Rs.

Particulars of costs

Appellants Amount Respondents Amount
  Rs. A.P.   Rs. A.P.
1.   Stamp on appeal Memo   1.   Stamp for power  
2.   Stamp on vakalat   2.   Stamp for petition  
3.   Stamp on copies of lower Court decree/order and judgment including copying fee   3.   Service of processes  
4.   Stamp on petitions   4.   Pleader’s fee on Rs.  
5.   Process fee      
6.   Fee for preparation of process      
7.   Pleader’s fee on Rs.      
  __________   __________
Total   Total  

Given under my hand and the seal of the Court, this……day of……….20…..

COURT

Judge

Appeal Suit No……………..of 20……………………..
Civil Miscellaneous
Appeal Suit

DECREE/ORDER

(P.Dis.No. 62/66) (23.2.1966)

[Orissa].Same as that of Patna.[Patna].In the schedule of costs in the Form No. 9 and add “copying or typing charges” below the item” Pleader’s Free on Rs………”in the columns of Appellant and Respondent, and number the new entry in the first column as “5”.

No. 10

Application to Appeal in IN forma pauperis

(Order 44, Rule 1)

(Title)

I . . . . . . . . . . the . . . . . . . . . . above-named, present the accompanying memorandum of appeal from the decree in the above suit and apply to be allowed to appeal as a pauper.Annexed is a full and true schedule of all the movable and immovable property belonging to me with the estimated value thereof.Dated the . . . . . . . . . …. day of …. . . . . . . . . . 20 . . .

(Signed)

[Note.—Where the application is by the plaintiff he should state whether he applied and was allowed to sue in the Court of first instance as a pauper.]

No. 11

Notice of Appeal In BIforma pauperis

(Order 44, Rule 1)

(Title)

Whereas the above-named . . . . . . . . . . has applied to be allowed to appeal as a pauper from the decree in the above suit dated the . . . . . . . . . …. day of …. . . . . . . . . . 20 . . . and whereas the . . . . . . . . . …. day of …. . . . . . . . . .20 . . ., has been fixed for hearing the application, notice is hereby given to you that if you desire to show cause why the applicant should not be allowed to appeal as a pauper an opportunity will be given to you of doing so on the afore-mentioned date.Given under my hand and the seal of the Court, this . . . . . . . . day of . . . . . . . . . . 20 . . .

Judge.

No. 12

Notice to Show Cause why a Certificate of Appeal to the Supreme Court should not be Granted

(Order 43, Rule 3.)

(Title)

To[Take notice that . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has applied to this Court for a certificate—(i) that the case involves a substantial question of law of general importance, and(ii) that in the opinion of this Court the said question needs to be decided by the Supreme Court.]The . . . . . . . . . …. day of …. . . . . . . . 20 . . . . is fixed for you to show cause why the Court should not grant the certificate asked for.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . 20 . . . .

Registrar.

High Court Amendment-[Allahabad].-For Form No. 12, substitute the following:-

No. 12

NOTICE TO SHOW CAUSE WHY APPEAL TO THE SUPREME COURT SHOULD NOT BE GRANTED

[Order 45 Rule 3]

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Supreme Court Petition No…….. of 20……………

Petitioner.Respondent.Respondents.ToTake notice that the above petitioner No ………………………. of …………….. on the file of this Court having presented the above petition praying for a certificate under Article 132 (1)/133(1) of the Constitution of India to enable to appeal to the Supreme Court of India from the decree passed in the said appeal the …………………….. day of ……………………. next has been fixed for hearing the said petition and that you are hereby summoned to appear either in person or by advocate on the said day to show cause why the certificate applied for should not be granted.(By order of the Court)Madras ………………………………………………………..20……..

Sub-Assistant Reg.

App. Side”

(10-10-1958).

High Court Amendments-Form Nos. 12-A, 12-B, 12-C and 12-D.[Andhra Pradesh].-Forms 12-A, 12-B and 12-C, as in Madras, Add Form 12-D :-

“No.12-D

CERTIFICATE OF LEAVE TO APPEAL TO THE SUPREME COURT UNDER ORDER 45, RULE 7

(In cases where leave is granted under Article 132(1) of the Constitution)Read petition presented under Order 45, Rule 3 of the Code of Civil Procedure, praying for the grant of a certificate to enable the petitioner to appeal to the Supreme Court against the decree/final order of this Court in Suit No………. of 20 …………….The petition coming on for hearing upon perusing the petition and the grounds of appeal to the Supreme Court and other papers material to the application and upon hearing the arguments of ………….. for the petitioner and of ………….. for the respondent (if he appears) this Court doth certify, that the decree/final order appealed from involves a substantial question of law as to the interpretation of the Constitution of India.1 …………………………………………….2 ……………………………………………..

(9.8.1957).

[Kerala].-Form 12-A, 12-B and 12-C, as in Madras.- (9-6-1959)[Madras].-Insert the following as new Forms after Form No. 12:-

“No.12-A

CERTIFICATE OF LEAVE APPEAL TO THE SUPREME COURT

[Order 45 Rule 7]

(In cases where the subject-matter of the appeal is of sufficient value and the finding of the Courts are not concurrent.)Read petition presented under Order 45 Rule 3 of the Code of Civil Procedure, praying for the grant of a certificate to enable the petitioner to appeal to the Supreme Court against the decree/final order of this Court in ………………………………. Suit No …………… of 20 …………..The petition coming on for hearing upon perusing the petition and the grounds of appeal to the Supreme Court and the other papers material to the application and upon hearing the arguments of …………….. for the petitioner and of ………….. for the respondent (if he appears) this Court doth certify that the amount/value of the subject-matter of the suit in the Court of first instance is Rs. 20,000/(upwards of Rs. 20,000) and the amount/value of the subject matter in dispute on appeal to the Supreme Court is also of the value of Rs. 20,000/( upwards of Rs. 20,000)or that the decree/(final order) appealed from does not affirm the decision of the lower Court.”

No. 12-B

CERTIFICATE OF LEAVE 0F APPEAL THE SUPREME COURT

[Order 45, Rule 7]

(In cases where the subject-matter is of sufficient value and the findings of the Court are concurrent).Read petition presented under 0. XLV, Rule 3 of the Code of Civil Procedure, praying for a grant of a certificate to enable the petitioner to appeal to the Supreme Court against the decree/final order of this Courtin Suit No ………………… of 20 ……..The petition coming on for hearing upon perusing the petition and the grounds of appeal to the Supreme Court and other papers material to the application and upon hearing the arguments of …………………… for the petitioner and of ……… for the respondent (if he appears) this Court doth certify that the amount/value of the subject-matter of the suit in the Court of first instance is (Rs. 20,000)/upwards of Rs. 20,000 and the amount/value of the subject-matter in dispute on appeal to the Supreme Court is also of the value of Rs. 20,000/(upwards of Rs. 20,000) or that the decree/final order appealed against involves directly/indirectly some claim or question to/respecting property of the value of Rs. 20,000/(upwards of Rs. 20,000) and that the affirming decree/final order appealed from involves the following substantial question(2) of law, viz.:-(1) – —(2)

No. 12-C

CERTIFICATE OF LEAVE TO APPEAL TO THE SUPREME COURT

[Order 45 Rule 7]

(In cases where the subject-matter in dispute is either not of sufficient value or is incapable of money valuation).Read petition presented under 0. XLV, Rule 3 of the Code of Civil Procedure, praying for the grant of a certificate to enable the petitioner to appeal to the Supreme Court against the decree/(final order) of this Courtin ………………………… Suit No………………… of ……….. 20 ……..The petition coming on for hearing upon perusing the petition and the grounds of appeal to the Supreme Court and other papers material to the application and upon hearing the arguments of …………….. for the petitioner and of ……….. for the respondent (if he appears) this Court cloth certify that the amount/value of the subject-matter of the suit both in the Court of first instance and in this Court is (below Rs. 20,000 in value)/(incapable of money-valuation) this Court in the exercise of the discretion vested in it is satisfied that the case is a fit one for appeal to the Supreme Court for the reasons set forth below, viz.:(1)(2)

No. 13

Notice to Respondent of Admission of Appeal to the Supreme Court

(Order 45, Rule 8.)

(Title)

ToWhereas . . . . . . . . . . . . . . . . . . . . . . . . , the . . . . . . . . . . . . . . . . in the above case, has furnished the security and made the deposit required by Order 45, rule 7, of the Code of Civil Procedure, 1908;Take notice that the appeal of the said . . . . . . . . . . . . . . to the Supreme Court has been admitted on the . . . .. . . . …. day of …. . . . . . . . 20 . . . .Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . 20 . . . .

Registrar.

No. 14

Notice to Show Cause Why a Review should not be Granted

(Order 47, Rule 4.)

(Title)

ToTake notice that . . . . . . . . . . . . . . . . has applied to this Court for a review of its decree passed on the . . . . . . . . ….. day of …. . . . . . . . 20 . . . . fixed for you to show cause why the Court should not grant a review of its decree in this case.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . 20 . . . .

Judge.

APPENDIX H

MISCELLANEOUS

No. 1

Agreement of Parties as to Issues to be Tried

(Order 14, Rule 6)

(Title)

Whereas we, the parties in the above suit, are agreed as to the question of fact [or of law] to be decided between us and the point at issue between us is whether a claim founded on a bond, dated the . . . . . . . . . …. day of …. . . . . . . . 20 . . . and filed as Exhibit . . . . . . . . . . . . . . . . in the said suit, is or is not beyond the statute of limitation (or state the point at issue whatever it may be):We therefore severally bind ourselves that, upon the finding of the Court in the negative [or affirmative] of such issue, . . . . . . . . . . . . . . . . will pay to the said . . . . . . . . the sum of Rupees . . . . . . . . . . . (or such sum as the Court shall hold to be due thereon), and I, the said . . . . . . . . . ., will accept the said sum of Rupees . . . . . .. . . (or such sum as the Court shall hold to be due) in full satisfaction of my claim on the bond aforesaid [or that upon such finding I, the said . . . . . . . . , will do or abstain from doing, etc., etc.]

Plaintiff.

vs.

Defendant.

Witnesses :—1.2.Dated the . . . . . . . . . …. day of …. . . . . . . . 20 . . . .

No. 2

Notice of Application for the Transfer of a Suit to Another Court for Trial

(Section 24)

In the Court of the District Judge of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No. . . . . . . . . of 20. . . .,ToWhereas an application, dated the . . . . . . . . . …. day of …. . . . . . . . 20 . . ., has been made to this Court by . . . . . .. . . . . . . . . the. . . . . . . . . . . . . . . . in Suit No. . . . . . . . . . . . . . . . . of 20. . . . . . . . now pending in the Court of the . . .. . . . . . . . . . . . at. . . . . . . . , in which . . . . . . . . is . . . . plaintiff and . . . . . . . . . . . . . . . . is defendant, for the transfer of the suit for trial to the Court of the . . . . . . . . at . . . . . . . .You are hereby informed that the . . . . . . . . . …. day of …. . . . . . . . 20 . . ., has been fixed for the hearing of the application, when you will be heard if you desire to offer any objection to it.Given under my hand and the seal of the Court, this . . . . . . . . . . . . . . . …. day of …. . . . . . 20 . . . .,

Judge.

[No. 2-A]

List of Witnesses Proposed to be Called by Plaintiff/Defendant

(Order 16 Rule 1.)

Name of the party which proposes to call the witness Name and address of the witness Remarks
     
     
     
     

No. 3

Notice of Payment into Court

(Order 24, Rule 2)

(Title)

Take notice that the defendant has paid into Court Rs.. . . . . . . . and says that that sum is sufficient to satisfy the plaintiff’s claim in full.

X.Y., Pleader for the defendant.

ToZ., Pleader for the plaintiff.

No. 4

Notice to Show Cause (General Form)

(Title)

ToWhereas the above-named . . . . . . . . . . . . . . . . has made application to this Court that . . . . . . . . . . . . . . . . ;. . . . .. .You are hereby warned to appear in this Court in person or by a pleader duly instructed on the . . . . . . . . . …. day of …. . . . . . . . 20 . . . ., at . . . . . . . . O’clock in the forenoon, to show cause against the application, failing wherein, the said application will be heard and determinedex parte.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . 20 . . . .

Judge.

High Court Amendment-[Allahabad].-Substitute the following for Form No. 4:-

“No. 4

NOTICE TO SHOW CAUSE (GENERAL FORM)

In the Court of…………..at…………………..District.Civil Suit No…………….of……………………20…..Miscellaneous No………….of……………………20…..………………………………………………resident of………..

versus

………………………………………………resident of………..ToWhere as the above-named…….has made application to this Court that …..; you are hereby warned to appear in this Court in person or by a pleader duly instructed on the …..day of…..20…,at…..o’clock in the forenoon, to show cause against the application failing wherein, the said application will be heard and determined ex parte, and it will be presumed that you consent to be appointed guardian for the suit.Given under my hand and the seal of the Court, this……day of……20…

judge.”

No. 5

List of Documents Produced by Plaintiff/Defendant

(Order 13, Rule 1)

(Title)

No. Description of document Date, if any, which the document bears Signature of party or pleader
1 2 3 4
       
       
       

No.5

LIST OF DOCUMENT PRODUCED BY PLAINTIFF/DEFENDANT

(Order 13, Rule 1)

In the Court of ………………..at……………District………….Suit No………………..of 20…………….

Plaintiff

versus

Defendant

List of documents produced with the plaint (or at first hearing) on behalf of plaintiff (or defendant).This list was filed by………….this……….day of…….20…….

Serial number. Description and date, if any, of the document What became of the document. Remarks
(1) (2) (3) (4)
    If brought on the record the exhibit marks  put on the document. If rejected, date of return to party, and signature of party or pleader to whom the document was returned. If it remains on the record after decision of the case and is enclosed in an envelope, under rule 24, Chapter III, the date of enclosure in the envelope.  

Signature of party or pleader producing the list.”

(28.11.1914).

No. 6

Notice to Parties of the Day Fixed for Examination of a Witness about to Leave the Jurisdiction

(Order 18, Rule 16.)

(Title)

To

Plaintiff (or defendant)

Whereas in the above suit application has been made to the Court by . . . . . . . . . . . . . . . . that the examination of . . . . . . . . . . . . . . . . , a witness required by the said . . . . . . . . . . . . . . . . , in the said suit may be taken immediately; and it has been shown to the Court’s satisfaction that the said witness is about to leave the Court’s jurisdiction (or any other good and sufficient cause to be stated):Take notice that the examination of the said witness. . . . . . . . . . . . . . . . will be taken by the Court on the . . . . .. . . …. day of …. . . . . . . . 20 . . . .Dated the . . . . . . . . . …. day of …. . . . . . . . 20 . . . .

Judge.

No. 7

Commission to Examine Absent Witness

(Order 26, Rules 4, 18)

(Title)

ToWhereas the evidence of . . . . . . . . is required by the . . . . . . . . . . . . . . . . in the above suit; and whereas . . . . . .. . . . . . . . . ; you are requested to take the evidence on interrogatories [or viva voce] of such witness . . . . . . . . .. . . . . . and you are hereby appointed Commissioner for that purpose. The evidence will be taken in the presence of the parties of their agents if in attendance, who will be at liberty to question the witness on the points specified, and you are further requested to make return of such evidence as soon as it may be taken.Process to compel the attendance of the witness will be issued by any Court having jurisdiction on your application.A sum of Rs. . . . . . . . . , being your fee in the above, is herewith forwarded.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . 20 . . . .

Judge.

High Court Amendments-[Orissa].-Same as that of Patna.[Patna].-Add the following note at the foot of the Form No. 7 :-“Note.-The Commissioner has power under Chapter X of the Indian Evidence Act to control the examination of witnesses.”

No. 8

Letter of Request

(Order 26, Rule 5)

(Title)

(Heading :—To the President and Judges of, etc., etc.,or as the case may be.)Whereas a suit is now pending in the . . . . . . . . . . . . . . . . in whichA. B. is plaintiff andC. D. is defendant; And in the said suit the plaintiff claims.

(Abstract of claim.)

And whereas it has been represented to the said Court that it is necessary for the purposes of justice and for the due determination of the matters in dispute between the parties, that the following persons should be examined as witnesses upon oath touching such matters, that is to say :E. F of………………….G. H of…………………

and

I.J.og ……………..And it appearing that such witnesses are resident within the jurisdiction of your honourable Court;Now I . . . . . . . . . . . . . . . . , as the . . . . . . . . . . . . . . . . of the said Court, have the honour to request, and do hereby request, that for the reasons aforesaid and for the assistance of the said Court, you, as the President and Judges of the said . . . . . . . . . . . or some one or more of you, will be pleased to summon the said witness(and such other witnesses as the agents of the said plaintiff and defendant shall humbly request you in writing so to summon to attend at such time and place as you shall appoint before some one or more of you or such other person as according to the procedure of your Court is competent to take the examination of witnesses, and that you will cause such witnesses to be examined upon the interrogatories which accompany this letter of request (or viva voce) touching the said matters in question in the presence of the agents of the plaintiff and defendant, or such of them as shall, on due notice given, attend such examination.And I further have the honour to request that you will be pleased to cause the answers of the said witnesses to be reduced into writing, and all books, letters, papers and documents produced upon such examination to be duly marked for identification, and that you will be further pleased to authenticate such examination by the seal of your tribunal, or in such other way as is in accordance with your procedure, and to return the same, together with such request in writing, if any, for the examination of other witnesses to the said Court.(Note—If the request is directed to a Foreign Court, the words “through the Ministry of External Affairs of the Government of India for transmission” should be inserted after the words “other witnesses” in the last line of this form.)

No. 9

Commission for a Local Investigation, or to Examine Accounts

(Order 26, Rules 9, 11)

(Title)

ToWhereas it is deemed requisite, for the purposes of this suit, that a commission for . . . . . . should be issued;You are hereby appointed Commissioner for the purpose of . . . . . . . . . . . . . . . .Process to compel the attendance before you of any witnesses, or for the production of any documents whom or which you may desire to examine or inspect, will be issued by any Court have jurisdiction on your application.A sum of Rs. . . . . . . . . . . . . . . . , being your fee in the above, is herewith forwarded.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . 20 . . . .

Judge.

No. 10

Commission to Make a Partition

(Order 26, Rule 13)

(Title)

ToWhereas it is deemed requisite for the purposes of this suit that a commission should be issued to make the partition or separation of the property specified in, and according to the rights as declared in, the decree of this Court, dated the . . . . . . . . . …. day of …. . . . . . . . 20 . . . .; You are hereby appointed Commissioner for the said purpose and are directed to make such inquiry as may be necessary, to divide the said property according to the best of your skill and judgment in the shares set out in the said decree, and to allot suh shares to the several parties. You are hereby authorized to award sums to be paid to any party by any other party for the purpose of equalizing the value of the shares.Process to compel the attendance before you of any witness or for the production of any documents, whom or which you may desire to examine or inspect, will be issued by any Court having jurisdiction on your application.A sum of Rs. . . . . . . . . . . . . . . . . , being your fee in the above, is herewith forwarded.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . 20 . . . .

Judge.

[No. 11]

Notice to Certificate, Natural, or, De facto Guardian

(Order 32, Rule 3)

(Title)

To

(Certificated/Natural/de factoGuardian)

Whereas an application has been presented on the part of the plaintiff*/on behalf of the minor defendant* in the above suit for the appointment of a guardian for the suit for the minor defendant . . . . . . . . . . . . . . . . , you(insert the name of the guardian appointed or declared by Court, or natural guardian, or the person in whose care the minor is) are hereby required to take notice that unless you appear before this Court on or before the day appointed for the hearing of the case and stated in the appended summons, and express you consent to act as guardian for the suit for the minor, the Court will proceed to appoint some other person to act as a guardian for the minor, for the purposes of the said suit.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . 20 . . . .,

Judge.

* Strike off the words which are not applicable.High Court Amendment-[Allahabad].-Substitute the following for Form No. 11:-

“No.11

[Order 32 Rule 3]

NOTICE TO MINOR DEPENDANT AND GUARDIAN

In the Court of ………………………….. at …………………………………………………………District.Suit No ……………………………………………. of ……………………………………………………… 20….Resident of …………………………………………………

Plaintiff.

versus

Resident of ………………………………………………….

Defendant.

To(1)

Minor defendant

(2)

and

Natural/Certificated guardian,

or

the person in whose care the minor is alleged to be.Whereas an application has been presented on the part of the plaintiff in the above suit for the appointment of a guardian for the suit to the minor defendant, you said minor, and you2 …………… natural’/certificated guardian or the person in whose care the minor is alleged to be, certificatedare hereby required to take notice that unless within ……………. days from the service upon you of this noticg, an application is made to this Court to show cause why the person named below should not be appointed or for the appointment of any other person willing to act as guardian for the suit, the Court will proceed to appoint the person named below or some other person to act as guardian of the minor for the purposes of the said suit.iProposed guardian …………………………………… son of ……………………. resident of ……………..Given under my hand and the seal of the Court, this …………………… day of ………….. 20 …………….

Judge.”

(27-3-1926).

1. Cut out the word “natural” if the certificated guardian is named; cut out the words “certificated” if the natural guardian be intended and cut out both “natural” and “certificated” and the word “or” if the guardian be of neither class but one with whom the minor lives.2. Insert the name of guardian.[Andhra Pradesh].-Same as that of Madras.[Bombay].-For the existing Form No. 11, substitute the following as Form No. 11:-

“No. 11

NOTICE TO MINOR DEFENDANT AND GUARDIAN

(Order 32 Rule 3)

(Title)

To(1) ………………………………………. (Natural Guardian/ Leg;, lly appointed Guardian/Person taking care of the minor).Whereas an application (as per the annexed copy) has been presented on behalf of the plaintiff in the above suit for the appointment of a guardian for the suit to the minor defendant (here enter the name of the minor defendant) ………………….. and whereas the plaintiff has proposed in his application that you (here enter the name of the proposed guardian) ………………………………… should be appointed as such guardian you the said proposed guardian are hereby required to take notice that, unless you appear before this Court within …………………… days from the service of this notice upon you and express your consent to such appointment, or an application is made to this Court to appoint some other person as guardian of the minor for the suit, the Court will proceed to appoint such person as it deems proper as the guardian of the minor for the purposes of the said suit.Given under my hand and the seal of this Court, this ……………… day of ……………….. 20 ……………..

Judge.”

(1-10-1983 and 1-4-1987).

[Karnataka].-Same as that of Madras.[Madhya Pradesh].-Substitute the following for Form No. 11:-

“No.11

NOTICE TO MINOR DEFENDANT AND GUARDIAN

[Order 32 Rule 4-A]

(Title)

To

Minor Defendant,

Legally appointed /Actual guardian,

Proposed guardian.

Whereas an application has been presented on the part of the plaintiff on behalf of the minor defendant for the appointment of you …….as the guardian for the suit of the minor defendant…….(you the said minor*) you……..his legally appointed/actual guardian and you……..the proposed guardian for the suit are hereby required to take notice that unless you, the proposed guardian appear before this Court on or before the day appointed for the hearing of the case and stated in the appended summons, and express your consent to your appointment, or unless an application is made to this Court for the appointment of some other person to act as guardian of the minor for the suit, the Court will proceed to appoint an officer of the Court or a pleader or some other person to act as a guardian to the minor for the purposes of the said suit of which summons in the ordinary form is here with appended.Given under my hand and the seal of the Court, this ………………… day of ………….. 20……..

Judge.”

(16-9-1960).

*The portion in brackets should be scored out if no notice is issued to the minor defendant.[Madras].-Substituted the following for Form No. 11 :-

No. 11

NOTICE TO GUARDIAN APPOINTED OR DECLARED, OR TO FATHER OR OTHER NATURAL GUARDIAN, OR TO THE PERSON IN CHARGE OF THE MINOR

[Order 32 Rule 3(5)]

(Title)

ToGuardian appointed or declared, or father or other natural guardian, or person-in-charge of the minor.Whereas an application has been presented on the part of the …………………. in the above suit for the appointment of a guardian for the suit of the said minor, you are hereby required to take notice that, unless within ………………… days from the service upon you of this notice an application is made to this Court for the appointment of you or of some friend of the said minor to act as her guardian for the purposes of the said suit, the Court will proceed to appoint some other person to act as guardian of the said minor for the purposes of the said suit.Given under my hand and the seal of the Court, this ………………… day of ………….. 20……..

Judge. “

[Orissa].-Same as that of Patna.[Patna].-For Form No. 11 substitute the following Form :-

“No.11

NOTICE TO MINOR DEFENDANT AND GUARDIAN OF APPLICATION FOR APPOINTMENT OF THE GUARDIAN TO BE GUARDIAN FOR THE SUIT

(Order 32 Rule 3)

(Title)

To

Minor Defendant,

Guardian (appointed by the authority,

or natural or the person in whose care

the minor is, as the case may be).

Whereas an application has been presented on the part of the plaintiff in the above suit for the appointment of you* ……………………………….. as guardian for the suit to the minor defendant, you the said minor and you* …………………………………………………… are hereby required to take notice that unless within 21 days from the service upon you of this notice you* …………………………………… give your consent to be appointed to act as guardian, the Court will proceed, subject to the decision of any objection that may be raised to appoint an officer of the Court to act as guardian to you the minor for the said suit.Given under my hand and the seal of the Court, the …………………… day of ……………… 20 ……………

Judge.”

No. 11A

Notice to Minor Defendant

(Order 32, Rule 3)

(Title)

To

Minor Defendant.

Whereas an application has been presented on the part of the plaintiff in the above suit for the appointment of . . . . . . . . *as guardian for the suit for you, the minor defendant, you are hereby required to take notice to appear in this Court in person on the . . . . . . . . day of . . . . . . . . 20 . . . ., at . . . . . . . . O’clock in the forenoon to show cause against the application, failing which the said application will be heard and determinedex parte.Given under my hand and the seal of the Court, this . . . . . . . . . …. day of …. . . . . . . . 20 . . . .

Judge.

High Court Amendments-[Andhra Pradesh].-Same as that of Madras.[Karnataka].-Same as that of Madras.[Kerala].-Same as that of Madras.[Madras].-Substitute the following for Form No. 11-A:-

“No.11-A

NOTICE TO PROPOSED GUARDIAN OF A MINOR DEFENDANT/RESPONDENT

[Order 32 Rule 3(9)]

To(Y.Z.)(Name, description and place of residence of proposed guardian).Take notice that X plaintiff/defendant has presented a petition to the ………………… Court praying that you be appointed guardian ad litem to the minor defendant(s)/respondent(s) and that the same will be heard on the ………………………….. day of ……………….. 20 ………2. The affidavit of X has been filed in support of this application.3. If you are willing to act as guardian for the said defendant (s)/respondent(s) you are requested to sign (or affix your mark to) the declaration on the back of this notice.4. In the event of your failure to signify your express consent in the manner indicated above take further notice that the Court may proceed under Order 32, rule 3, Code of Civil Procedure, to appoint some other suitable person or one of its officers as guardian ad litem of the minor defendant(s)/respondent(s) aforesaid.Dated this …………………………………. day of ………………………………… 20….

(Signed)

I hereby acknowledge receipt of a duplicate of this notice and consent to act as guardian of the minor defendant(s)/respondent(s) therein mentioned.Witnesses:1. Signature.2. (Y.Z.)[Orissa].-Same as that of Patna.[Patna].-Insert the following Forms Nos. 11-A and 11-B:-

No.11-A

NOTICE TO MINOR DEFENDANT AND GUARDIAN OF APPLICATION FOR APPOINTMENT OF ANOTHER PERSON TO BE GUARDIAN FOR THE SUIT

[Order 32 Rule 3]

(Title)

To

Minor Defendant,

Guardian (appointed by the authority,

or natural or the person in whose care

the minor is, as the case may be).

Whereas an application has been presented on the part of the plaintiff in the above suit for the appointment of (1) ……………………………….. as guardian for the suit to the minor defendant you the said minor and you (1) ………………………….. are hereby required to take notice that unless within 21 days from the service upon you of this notice you (3) ………………….. make an application for the appointment of yourself or of some friend of you the minor to act as guardian, the Court will proceed, subject to the decision of any objection that may be raised, to appoint (2) ……………… or an officer of the Court to act as guardian to you the minor for the said suit.Given under my hand and the seal of this Court, this ………………….. day …………… 20 ……….

Judge.

1. Here insert the name of proposed guardian.2. Here insert the name and description of proposed guardian.3. Here insert name of guardian upon whom the notice is to be served.

No. 11-B

NOTICE TO THE PROPOSED GUARDIAN FOR THE MINOR DEFENDANT, WHEN THE PERSON PROPOSED IS NOT THE GUARDIAN APPOINTED BY AUTHORITY OF THE NATURAL GUARDIAN OR THE PERSON IN WHOSE CARE THE MINOR IS

[ Order 32 Rule 4]

(Title)

DistrictIn the Court of ……………………………………………………………………………….at……………………………………………………………..Suit No ………………………………………………………………………… of 20 ……..

Plaintiff

versus

Defendant.

To

Proposed guardian ………………………………………………………..

Whereas an application has been presented by the plaintiff in the above case for the appointment of you (1) ……………………………….. as guardian for the suit to the minor defendant, you are hereby required to take notice that unless within ………………….. days from the service upon you of this notice you make an application to the Court intimating your consent to act as guardian for the suit the Court will proceed to appoint some other person to act as guardian to the minor for the purposes of the said suit.Given under my hand and the seal of this Court, this………..day of………..20….

Judge”

1. Here insert name and description of proposed guardian.

No. 12

Notice to Opposite Party of Day Fixed for Hearing Evidence of Pauperism

(Order 33, Rule 6)

(Title)

ToWhereas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has applied to this Court for permission to institute a suit against . . . . . . . . in forma pauperis under Order 33 of the Code of Civil Procedure, 1908; and whereas the Court sees no reason to reject the application; and whereas the . . . . . . . . . …. day of …. . . . . . . . 20 . . . . has been fixed for receiving such evidence as the applicant may adduce in proof of his pauperism and for hearing any evidence which may be adduced in disproof thereof :Notice is hereby given to you under rule 6 of Order 33 that in case you may wish to offer any evidenace to disprove the pauperism of the applicant, you may do so on appearing in this Court on the said . . . . . . . . day of . . . . . . . . 20 . . . .Given under my hand and the seal of the Court, this . . . . . . . . . . . . . . . . …. day of …. . . . . . . . . . . . 20 . . . .

Judge.

High Court Amendment-[Karnataka].-Add the following as Form No. 12-A:-

“No. 12-A

COMMON FORM OF NOTICE IN INTFRLOCUTORY APPLICATIONS UNDER ORDER 37 OF THE CODE OF CIVIL PROCEDURE, 1908

(Title)

Take notice that the plaintiff/appellant/defendant/respondent above-named has made an application to the Court under ………………….. (Provision of law) praying that ……………………. (set out the prayer in full) and that the pleader on behalf of the applicant will move the Court for an urgent/interim order on ………………………………… (date) at ………….. (time)

or that the Court on being moved for an interim order has on ……………………….. (date) made such order …………… directing ……………………………… (here enter the exact terms of the interim order) and has further directed that the application be posted for further orders on …………………… (date) after notice to you.

You are required to appear either in person or through pleader on the said date to show cause against the application being granted ……….. as prayed for. Please note that in default of your appearing and showing cause as aforesaid, the application will be proceeded with in your absence.The affidavit/ memorandum of facts by ………………………………… has been filed in support of the application, and a true copy thereof together with a true copy of the application is annexed hereto.Dated this ………………………………………………….. day of ………………………………….. 20 …………….

(Officer of Court)…….

Pleader/or applicant.

(R.O.C. No 2526/1959, dated 9.2.1967).

No. 13

Notice to Surety of his Liability Under a Decree

(Section 145)

(Title)

ToWhereas you . . . . . . . . . . . . . . . . did on . . . . . . . . . . . . . . . . become liable as surety for the performance of any decree which might be passed against the said . . . . . . . . . . . . . . . . defendant in the above suit; and whereas a decree was passed on the . . . . . . . . . …. day of …. . . . . . . . 20 . . . . against the said defendant for the payment of .. . . . . . . . ., and whereas application has been made for execution of the said decree against you :Take notice that you are hereby required on or before the . . . . . . . . . . . . . . . . . . . . . . . . . . …. day of …. . . . . .. . . . . .. 20 . . . . . . . . . . . ., to show cause why the said decree should not be executed against you, and if no sufficient cause shall be, within the time specified, shown to the satisfaction of the Court, an order for its execution will be forthwith issued in the terms of the said application.Given under my hand and the seal of the Court, this . . . . . . . . . . . . . . . . …. day of …. . . . . . . . . . . 20 . . . ..

Judge.

No.14

Register of Civil Suits

(Order 4, Rule 2)

Court of the….of….at…

Register of Civil Suits in the year 20……

  Date of Presentation of plaint  
  Number of suit. PLAINTIFF
  Name
  Description
  Place of residence
  Name DEFENDANT
  Description
  Place of residence
  Particulars CLAIM
  Amount or value.
  When the cause of action accrued
  Day for parties to appear. APPEARANCE
  Plaintiff.
  Defendant.
  Date. JUDGMENT
  For whom.
  For what, or amount.
  Date of decision of appeal. APPEAL
  Judgment in appeal.
  Date of application EXECUTION
  Date of order.
  Against whom.
  For what and amount, if money.
  Amount of costs.
  Amount paid into Court. RETURN OF EXECUTION
  Arrested.
  Minute of other return than payment or arrest, and date of every return.

Note:-Where there are numerous plaintiffs or numerous defendants, the name of the first plaintiff only, or the first defendant only, as the case may be, need be entered in the register.High Court Amendments-[Andhra Pradesh].-Same as that of Madras.[Bombay].-(i) For the existing Note substitute the following:“Note:-Where there are numerous plaintiffs or numerous defendants, the names of all the plaintiffs or all the defendants, as the case may be, should be entered in the register.”-(1-10-1983).(ii) in Form No.14.

(a) Each of the columns of Register of Civil Suits shall be numbered as columns (1) to (10).

(b) In column 5 as so renumbered, under the heading “claim” in the sub-column for the word “Particulars” the words “Nature of suit and particulars of relief” shall be substituted;

(c) In column 6 as so renumbered, under the heading “Appearance” for sub-columns “Day for parties to appear”, “Plaintiff” and “Defendant” the following shall be substituted, namely :

“The first returnable date when the defendant is called upon to appear”-(31-12-1987).[Calcutta].-(i) Cancel columns 20 to 27 of Form No. 14-Register of Civil Suits, Appendix II, Schedule I and substitute therefor the following columns:

  20 Number of execution application as per execution application register and the date of application EXECUTION
  21 Relief sought, if money, amount claimed.
  22 Order and date thereof. If portion of relief not granted, what portion
  23 Against whom order made.
  24 For what, amount to be stated.
  25 Amount of costs. RETURNS OF EXECUTIONS
  26 Ajustment and satisfaction reported, if any.
  27 Amount paid into court.
  28 Person arrested.
  29 Whether judgment-debtor committed to jail, if not, why not. If committed to jail, the period of stay in it.
  30 Minute of other return other than arrest and payment.
  31 Amount or relief still due and why execution petition is closed.
  32 If petition is infructuous, why and to what extent.
  33 Appeal, if any, against order in execution and if so, the result.

(ii) Substitute the following Notes for the existing one:“NOTE 1.-When there are numerous plaintiffs or numerous defendants, the name of the first plaintiff only, or the first defendant only as the case may be, need be entered in Register with a note of the total number of parties impleaded, e.g., A.B., and seven others.NOTE 2.-In column 9 enter facts constituting the cause of action and particulars required by Order 7, rule 1, clauses (g) and (h) andalso the value of the suit for the purpose of jurisdiction as required by clause (1) of that rule.NOTE 3.-In column 12 shall be entered the first date of hearing of the suit and in columns 13 and 14 the names of the pleaders or vakils or advocates of the parties.NOTE 4.-In column 16 should be indicated whether the decision was ex parte, on compromise or on contest against all or any of the defendants.NOTE 5.-In columns 18 and 19 should also be the number and year of the appeal, the name of the Appellate Court and not only the particulars of the order on first appeal but the particulars of the order on second appeal or revision, if any.NOTE 6.-Cases remanded under order 41, rule 23 or restored to file under Order 9, rule 4 or rule 9 or rule 13 will be re-admitted and entered in the Register in their Original Numbers. In each case the letter “R” will be affixed to the number to be entered in column 2 and the date of restoration to file will be noted in column 1.NOTE 7.-Cases under the Religion Endowments Act, 1863, under sections 88 and 92, Order 21, rule 99, Order 36, rule 3 and Schedule 11, Paragraphs 17 and 20, Civil Procedure (now the reference to Schedule II will be construed as references to the appropriate provisions of the Indian Arbitration Act (X of 1940) which has repealed Schedule II) and references made under section 5 of the Bengal Alluvial Lands Act, 1920, must be registered as suits.NOTE 8.-A note should be made of all parties brought on or struck off the record under Order 1, or Order 22, Civil Procedure Code,.or of any alteration in the appointment of guardian ad litem and also of any withdrawal :)f the claim or a portion of the claim against any of the defendants.NOTE 9.-Any amendment or alteration made during the progress of the suit in the value or particulars of the claim or as to the date or place or cause of action should appear in column 9.NOTE 10.-Courts to which suits are transferred should not be old members and the dates of institution in the suit registers within brackets.NOTE 11.-When the Court of execution is other than the Court which passed the decree, the name of the executing Court should be entered in column 20.NOTE 12.-In column 22 the date of the final order is to be entered.NOTE 13.-In column 26 the particulars and the date of adjustment, or satisfaction otherwise than by execution should be entered.NOTE 14.-In column 33 should be entered the order in appeals, revisions or under section 144, Civil Procedure Code, with date and name of Court.NOTE 15. The entries in this register shall be made contemporaneously with the passing the orders during the progress of the suits or subsequent proceeding, if any, and not after their final disposal.Separate Registers in this form have been prescribed for Title Suits and Money and Moveable Suits “[(R.)1(i) and (R.) 1 (ii)]”.Note:-Where there are numerous plaintiffs or numerous defendants the first plaintiff only or the first defendant only, as the case may be, need be entered in the register.[Gauhati].-Same as that of Calcutta[Madras].-Form Nos. 14 to 25, omitted.[Orissa].-Same as that of Patna.[Patna].-Substitute the following for Form No. 14:

No.14

Register of Civil Suits

(Order 4, Rule 2)

Court of the….of….at…

Register of Civil Suits in the year 20……

1 Date of presentation of plaint  
2 Serial number of suit. Number of suit
3 Serial number of suit dealt with under the S.C.C. Power
4 Name Plaintiff
5 Description
6 Place of residence
7 Name Defendant
8 Description
9 Place of residence
10 Particulars Claim
11 Amount or value
12 When the cause of action accrued
13 Date Judgment
14 For whom
15 For what or amount
16 Number of year of appeal Appeal
17 Order on appeal with date and name of appellate Court
18 Particulars Adjustment or satisfaction of decree otherwise then by execution
19 Date
20 Number and date of application
21 Date of final order Execution
22 Against whom.
23 For what, and amount, if money
24 Amount of costs
25 Amount paid into Court. Result of execution
26 Name of person, if any, detained in civil prison
27 Minute of other result with date
28 Orders in appeals, revisions, or under Section 144 C.P. Code, with date and name of Court  
29 Relief or amount still due  
30 Remarks  

NOTE 1.-Where there are numerous plaintiffs or numerous defendants, the name of the first plaintiff only, or the first defendant only, as the case may be, need be entered in the register.NOTE 2.-Cases remanded by appellate Courts to lower Courts under Order 41, rule 23, Civil Procedure Code, will be re-admitted and entered in the general register of suit, under their original numbers. In each case the letter R will be a affixed to the number to be entered in column 2.NOTE 3.-In column 14 should be indicated whether the decision was ex parte, on compromise or on contest against all or any of the defendants.NOTE 4.-When the Court of execution is other than the Court which passed the decree, the name of the executin Court should be given in column 20.”-(20.2.1980).

No. 15

Register of Appeals

(Order 41, Rule 9)

Court (or High Court) at….

Register of Appeals from Decrees in the year. . . . . . . . .

  Date of memorandum  
  Number of appeal  
  Name Appellant
  Description
  Place of residence
  Name Respondent
  Description
  Place of residence
  Of What court Decree appealed from
  Number of Original suit
  Particulars
  Amount or value
  Day for parties to appear Appearance
  Appellant
  Respondent
  Date Judgment
  Confirmed, reserved or varied
  For what, or amount

High Court Amendment-[Bombay].-In Form No. 15, in the Register of Appeals:-(i) each of the columns shall be numbered as (1) to (7);(ii) in column 3 so re-numbered under the heading “Decree appealed from”, for sub-column “Particulars” the words “Nature of the original suit and particulars of relief therein “shall be substituted.(iii) in column 4 so re-numbered, under the heading “Appearance” for all the sub-columns, the sub-column “The First returnable date when the respondent is caled upon to appear” shall be substituted:-(31.12.1987).

Form Nos. 16 to 19

High Court Amendment.-[Allahabad].-Add the following Form Nos. 16 to 19:-

“No.16

The security to be furnished under Order 25, Rule 1, shall be, as nearly as may be, by bond in the following form:In the Court of ………………………………………………………………. at ……………………………………………………………………………Suit No ………………………………………………………… of ……………. 20…….

Plaintiff

versus

Defendant.

Whereas a suit has been instituted in the said Court by the said plaintiff ……………. to recoverfrom the said defendant ……………………………………. the sum of rupees …………….. and the said plaintiff …. …………………..:…. is residing out of British India (or is a woman) and does not possess any sufficient immovable property within British India independent of the property in the suit :Therefore, I, inhabitant of ……………………………….. have voluntarily become security, and do hereby bind myself, my heirs, and executors to …………………. as Judge of the said Court and to his successors in office that the said plaintiff ……………… his heirs and executors, shall, whenever called on by the said Court, pay all costs that may have been or may be incurred by the said defendant ………………… in the said suit, and in default of such payment I bind myself, my heirs and executors, to pay all such costs to the said Court on its order.Witness my hand at ……………………. this ………………… day of 20 ……………..

(Signed)

Surety.

Witnesses :

No.17

ADDRESS FOR SERVICE

UnderOrder 7, Rule 19 to 26;Order 8, Rule 11 and 12 ; Order 41, Rule 38; Order 46, Rule 8; Order 47, Rule 10; Order 52, Rule 1.In the Court of the …………………………………………………… of ………………….Original (Suit/or Case) No ………………………………………………….of 20 ……….

Plaintiff

versus

Defendant.

This address shall be within the local limits of the District Court within which the suit isfiled, or of the District Court within which the party ordinary resides, if within the limits of, United Provinces of Agra and Oudh, but not within the limits of any other Province :

Name, parentage and caste Residence Pargana or tahsil Post office District
         
         
         

Dated:Any summons, notice or process in the case may, henceforward be issued to me at theabove address until I file notice of change. If this address is changed I shall forthwith file a notice of change containing all the new particulars.

  Plaintiff
  Defendant
Signature of party  
  Appellant
  Respondent

Or

I file the above address according to the instructions given by my client (name) ………………………. (and capacity)…………………….

Signature of pleader.

N.B.-This form when received by the Court must be stamped with the date of its receipt and filed with the record of the pending suit or matter.

No.18

NOTICE OF CHANGE OF ADDRESS FOR SERVICE

Under Order 7, Rule 19-26; Order 8, Rule 11 and 12;Rule 41, Rule 38; Order 46 Rule 8; Order 47 Rule 10; Order 52, Rule 1In the Court of the …………………………………………………………….. of …………………………………Original (Suit/(or Case)) No ………………………………………………………. of …………….. 20 …………..

Plaintiff

versus

Defendant.

This address shall be within the local limits of the District Court within which the suit isfiled, or of the District Court within which the party ordinarily resides, if within the limits of the United Provinces of Agra and Oudh, but not within the limits of any other Province:

Name, parentage and caste Residence Pargana or tahsil Post office District
         
         
         

Dated :Any summons, notice or process in the case may, henceforward be issued to meat the above address until I file notice of change. If this address is again changed I shall forthwith file a notice of change containing all the new particulars.

  Plaintiff
  Defendant
Signature of party  
  Appellant
  Respondent

Or

I file the above address according to the instruction given by my client (name) ………………………. (and capacity)…………………….

Signature of pleader.

N.B.-This form when received by the Court must be stamped with the date of its receipt and filed with the record of the pending suit or matter.

No.19

VAKALATNAMA

In the Court of ……………………………… Suit/Miscellaneous Case/Civil Appeal/ Execution Case No …………………………………….. of 20…., fixed for …………….. Plaintiff/Appellant/Applicant/D.H.

versus

Defendant/Respondent/Opposite Party/J.D. Vakalatnama of Plaintiff/Appellant Applicant/D.H./Defendant/Respondent/Opposite party/J.D.In the case noted above Sri …………………… . each of Sarvasri …………………… Advocate, is hereby appointed as counsel, to appear, plead and act on behalf of the undersigned, in any manner, he thinks it proper, either himself or through any other Advocate, and in particular to do the following, namely, to receive any process of Court (including any notice from any appellate or revisional Court), to file any applications, petitions or pleadings, to file, produce or receive back any documents, to withdraw or compromise the proceedings, to refer any matter to arbitration, to deposit or withdraw any moneys, to execute any decree or order, to certify payment, and receive any moneys due under such decree or order.The undersigned shall be bound by all whatsoever may be done in the aforesaid case (including any appeal or revision therefrom) for and on behalf of the undersigned by any of the said counsel.Signature ……………………………………………..Name in full …………………………………………..Date ………………………………………………………Attesting witness ………………………………Name in full ……………………………………Address ………………………………………….Date ………………………………………Accepted /Accepted on the strength of the signatures of the attesting witness.

THE SECOND SCHEDULE

ARBITRATION

[Repealed by the Arbitration Act, 1940 (10 of 1940), section 49 and Schedule III]

THE THIRD SCHEDULE.—

[Execution of Decrees by Collectors.]

Omitted by the Code of Civil Procedure(Amendment)Act, 1956 (66 of 1956),section 15.

THE FOURTH SCHEDULE.—

[Enactments amended.]

[Repealed by the Repealing and Amending Act, 1952 (48 of 1952),section 2and Schedule I.]

THE FIFTH SCHEDULE.—

[Enactments repealed.]

[Repealed by the Second Repealing and Amending Act, 1914(17of 1914),section 3 and Schedule II].