(Part I)
Forms and Certain Miscellaneous Matters
Appendix A
Form No. 1
[CHAPTER II, RULE 11]
Notice is hereby given that AB of No………………… in the town of Calcutta who was immediately before the 1 st day of January, 1977 under the articles of clerkship to Mr. CD of No………………….. Attorney at-Law (and who was immediately before the 1st day of January, 1977 under articles of clerkship by an assignment from the said Mr. CDto Mr. EF of No Attorney-at-Law) intends to present himself at the next Intermediate Final Examination to be held under the rules for examination of articled clerks of Attorneys for admission as Advocates on the State Roll.Dated this………………….. day of……………. 20……………
Form No. 2
[CHAPTER II, RULE 19]
In pursuance of the rules relating to the Intermediate Examination I do hereby certify that Shri………………………..has satisfactorily passed the Intermediate examination held on Dated the………………………. day of………………….. 20………….
Registrar
Form No. 3
[CHAPTER II, RULE 20]
In pursuance of the rules relating to the Final Examination I do hereby certify that Shri…………………………. has satisfactorily passed the Final examination held on…………………………for being admitted as an Advocate on the State Roll.Dated this…………………………… day of…………………. 20………………….
Registrar
Form No. 4
[CHAPTER II, RULE 21]
In The High Court At Calcutta Original Side
In the matter of …………………………….. an Attorney
I………………………………….. the Registrar of the High Court at Calcutta in its Original Side, do hereby certify that Shri……………… was admitted as an Attorney of this Court on the Dated this………………….. day of………………… 20…………………
Registrar
Appendix
Form No. 1
(CHAPTER VI, RULE 3)
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction (or as may be)
(Number and title of the suit, or title of the matter).
Form of summons for an order in Chambers. – Let all parties concerned attend before……………………….. in Chambers in the Court house, on the………………. day of……………………… 20…………………… at o’ clock in the foreNoon [if a short return is granted, add by special leave] on the hearing of an application on the part of (state on whose behalf the application is made* (*The full name, or title of hoNour, or corporate title, of the party on whose behalf the application is to be made, should be here stated, but if the application is made by a sole plaintiff or by all the plaintiffs, or by a sole defendant, or by all the defendants, the names need Not be set forth. The place of residence and description, or addition, of the applicant, should be stated, if he is Not shown to be a party to the suit or proceeding. Where the applicant is under disability. and the application is made by his next friend or guardian the full name of the next friend or guardian should be stated, and if Not made in a suit, his place of residence and description, or addition, should be shown). and the precise object of the application).Dated this………………………. day of………………………….. 20…………………….. This summons was taken out by A, attorney for the applicant. To (insert the names of the attorneys or persons to be served, e.g., Mr. CD., attorney for the plaintiff, or defendant, or petitioner, or respondent E.F.).To the plaintiff, or defendant, or petitioner, or respondent GH., or as may be. Grounds:-[Here insert a list of the materials relied on, e.g., affidavit of……………………… of………………………..]
Form No. 1A
[CHAPTER VI, RULE 15]
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
(or as may be)
Notice of appeal from Registrar or Master. – Take Notice that the abovenamed plaintiff (or defendant) intends to appeal against the decision of the Registrar (or Master) given on the……………………. day of……………………….. ordering (or refusing to order) that …………………….And further take Notice that you are required to attend before the Judge in Chambers at the Court-house on the………………… day of in the foreNoon, on the hearing of an application by the said plaintiff (or defendant) that (here state the order sought to be obtained). And further take Notice that it is the intention of the said to attend by Counsel (strike out if Not to be attended by Counsel). To, etc.
(Signed, etc.)
Form No. 2
[CHAPTER VIII, RULE 2]
Suit No. ……………………………. of 20
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
Plaint presented 20 . Plaint admitted and filed.
Plaintiff.
Writ issued 20
Defendant
President of India
The defendant required by the Court to file written statement within days from the service upon of this writ.Writ of Summons for disposal of suits.
To
Greeting : Whereas you are hereby required to cause an appearance to be entered for you in the office of the Registrar of this Court within………………… days from the service upon you of this summons, exclusive of the day of such service; and are summoned to appear before this Court in person or by an advocate duly instructed by an attorney of the Court to answer the Plaintiff’s claim on the day the case is set down for hearing, upon which date you must be prepared to produce all your witnesses and all documents in your possession or power upon which you intend to rely in support of your case.
And you are hereby required to take Notice that in default of your causing an appearance to be so entered, the suit will be liable to be heard and determined in your absence.Witness (the name of the Chief Justice), Chief Justice at Calcutta aforesaid, the……………………. day of in the year Two Thousand and……………Attorney MasterAddress
Note 1.-An appearance in person or through attorney is to be entered in the office of the Registrar of this Court, on its Original Side, within the time limited. In default thereof, the suit will be liable to be heard ex parte.
Note 2.-The written statement called for must be filed within the time limited, the defendant having first entered an appearance. In default thereof, the suit will be liable to be heard ex parte.
Note 3.-An officer or soldier who canNot obtain leave of absence, may (under the provisions of Order XXVIII, Rule 1, Act V of 1908) authorise any person to appear for him.
Note 4.-This writ shall be served as soon as practicable and shall be returned immediately after service thereof. This writ (unless the time for its return shall have been extended) is returnable by the Sheriff to the office of the Registrar Not later than…………………. the………………. day of next and shall be served Not later than three weeks before the date abovenamed.
Note 5.-Should you apprehend your witnesses will Not attend of their own accord, you can have subpoena 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 at any time before the trial, and on payment to them of the fees and expenses prescribed by the Rules of this Court.
Note 6.-If you admit the demand you should pay the money into Court with the costs of the suit to avoid execution of the decree which may be against your person or property, or both, if necessary.
Form No. 3
Writ of Summons under Order XXXVII C.P.C.
Suit No………………….. of 20………….
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
Plaintiff.
Defendant.
Plaint presented…………. 20Plaint filed…………….. 20Summons issued…………… 20President of the Union of IndiaGreeting :
To the abovenamed Defendant
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 an appearance to be entered for you, within ten days from the service hereof, in default whereof 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 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 summon for judgment at the 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.WITNESS SHRIChief Justice at Calcutta aforesaid the…………. day of……….. one Thousand Nine Hundred and…………Advocate on Record,Address.
Registrar
Note : This writ shall be served as soon as practicable and shall be returned immediately after service thereof. This writ (unless the time for its return shall have been extended) is returnable by the Sheriff to the Office of the Registrar Not later than the…………. day of…………….. next and shall be served Not later than three weeks before the date abovenamed.
Form No. 4
[CHAPTER VIII, RULE 15]
Suit No………. of 20…….
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
Plaintiff.
Defendant.
Memo. of appearance through attorney
ToThe Registrar,Please enter an appearance, for the defendant (name of defendant) to the plaint in the above suit.Dated the………… day of……….. 20…….
(Signature of Attorney)
Place of business of Attorney…………
Form No. 5
(CHAPTER VIII, RULE 15)
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
Plaintiff.
Defendant.
Memo. of appearance in person
ToThe Registrar,Please enter an appearance, for me (name of defendant) as defendant, to the plaint in the above suit.Dated the…………… day of……….. 20……
(Signature of Defendant)
Place of residence of defendant…………
Appendix C
Form No. 1
[CHAPTER XI, RULE 1]
Summons for interrogatories
Let the plaintiff (or defendant) attend before the Registrar (or Master as the case may be) in Chambers at the Court-house on……… the………. day of………. 20………… , at……… o’clock in the foreNoon, on the hearing of an application on the part of the defendant (or plaintiff) that the be at liberty to deliver to the interrogatories in writing and that the said………. do within ten days answer the questions in writing, by affidavit.
Form No. 2
[CHAPTER XI, RULE 8, O. XI, R. 11, C.P.C.]
Summons for order to answer interrogatories
[Formal parts, see Form No. 1] on the part of the plaintiff (or as may be) that the defendant (or as may be) may be ordered within………… days after service to make and file a full and sufficient affidavit in answer to the interrogatories (or to the interrogatories numbered………….. of the interrogatories) delivered by the plaintiff (or as may be) and that the said defendant (or as may be) may be ordered to pay the costs of this application.
Form No. 3
[CHAPTER XI, RULE 8, ORDER XI, RULE 11, C.P.C.]
Summons to consider sufficiency of answer, and for order to answer further
[Formal parts, see Form No. 1] on the part of the plaintiff (or as may be) to consider the sufficiency of the answer of the defendant…………. (or as may be), filed the………… day of…………. 20………… to the interrogatories numbered………… of the interrogatories delivered by the plaintiff (or as may be) for the examination of the said defendant (or as may be), and that the said defendant (or as may be) may be ordered, within days after service to make and file a full and sufficient affidavit in further answer to the said interrogatories numbered And that the said defendant (or as may be) may be ordered to pay the costs of this application.
Form No. 4
[CHAPTER XI, RULE 8, ORDER XI, RULE 11, C.P.C.]
Summons for order to answer Notwithstanding objection
[Formal parts, see Form No. 1] on the part of the plaintiff (or as may be) that, Notwithstanding the objections raised by the defendant………. (or as may be), by his affidavit, filed the………. day of………… 20 , to answer the interrogatories numbered………….. of the interrogatories delivered by the plaintiff (or as may be) for the examination of the said defendant (or as may be), the said defendant (or as may be) may be ordered, within………. days after service, to make and file a full and sufficient affidavit in answer to the said interrogatories; and that the said defendant (or as may be) may be ordered to pay the costs of this application.
Form No. 5
[CHAPTER XI, RULE 8, ORDER XI, RULE 12, C.P.C.]
Summons for an affidavit as to the possession of documents
[Formal parts, see Form No. 1] on the part of the plaintiff (or defendant) that, the defendant (or plaintiff) may be ordered, within (four) days after service, to make and file a full and sufficient affidavit.(Or if against a corporation or a company, say to file a full and sufficient affidavit to be made by their Director, Secretary, or other principal officer) stating whether he has, or has had, in his possession or power any, and if any, what documents relating to the matters in question in this suit and accounting for the same.
Form No. 6
(CHAPTER XI, RULE 8, ORDER XI, RULES 14 AND 18, C.P.C.)
Summons for production of documents, and for leave to inspect same out of Court
[Formal parts, see Form No. 1] on the part of the plaintiff (or defendant) that the defendant (or plaintiff) may be ordered at all reasonable times, upon reasonable Notice, to produce at (state where) the following documents namely. And that the applicant, his attorneys and agents, may be at liberty to inspect and persue the documents so produced, and to take copies and abstracts thereof, and extracts therefrom, as the applicant shall be advised.
Form No. 7
[CHAPTER XI, RULE 8, ORDER XI, RULES 13, C.P.C.]
Summons to consider the sufficiency of an affidavit as to documents
[Formal parts, see Form No. 1] on the part of the plaintiff (or defendant) to consider the sufficiency of the affidavit of the defendant (or plaintiff) A.B. filed on the…………. day of………….. 20……… as to the possession of documents, pursuant to the order, dated the day of………… 20…………. and that the said defendant (or plaintiff) may be ordered to pay the costs of this application.
Form No. 8
(CHAPTER XI, RULE 8, ORDER XI, RULES 19(3), C.P.C.)
Summons for further affidavit as to particular documents
[Formal parts, see Form No. 1] on the part of the plaintiff (or as may be), that the defendant…………. (or as may be) may be ordered, within………… days after service, to make and file a full and sufficient affidavit, stating whether he has, or has had, in his possession or power any, and (if any) which of the following documents relating to the matters in question in this suit, and accounting for the same, that is to say (Here describe, as precisely as possible, the document as to which discovery is sought).
Appendix D
Form No. 1
[CHAPTER XIII, RULE 13]
Suit No………. of 20…………
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
(or state jurisdiction)
Court No………….
Originating summons
[If the question to be determined arises in the administration of an Estate or a trust, entitle it also in the matter of the Estate or trust : and, if the application is made under any particular Act entitle it also in the matter of the Act and of the section of the Act under which the application is made].Between A. B.
Plaintiff
and
Defendant.
C.D .Let……………………… of…………….. within eight days after service of this summons on him inclusive of the day of such service, cause an appearance to be entered for him to this summons, which is issued upon the application of…………. was claims to be (state the nature of the claim), for determination of the following questions : (State the questions).Dated the…………..
Registrar
This summons was taken out by…………… attorney for the above named…………. The defendant may appear hereto by entering appearance, either personally or by attorney, at the office of the Registrar, Original Side.If the defendant does Not enter appearance within the time and at the place above mentioned, such order will be made and proceedings taken as the Judge may think just and expedient.
Form No. 2
[CHAPTER XIII, RULE 16B]
Notice of appointment to hear Originating Summons
Title, etc., as in Form No. 1.
To (insert the name of the defendant or respondent)Take Notice that you are required to attend at the Chambers of Mr. Justice………… at the High Court on……… the day of………… 20……….. at………… o’clock in the………. Noon, for the hearing of the Originating Summons issued herein on the day of……….. 20……… and that if you do Not attend in person or by attorney at the time and place mentioned, such order will be made and proceedings taken as th Judge may think just and expedient.
(Signed)
Attorney for the Plaintiff (or Appellant). [See Note to Rule 13 of Chapter XIII, supra]
Appendix E
Form No. 1
[CHAPTER XVII, RULE 10]
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
Application for execution under Order XXI, Rules 11(2) of the Code
| 1 | Number of Suit. | |
| 2 | Name of the parties. (Where attorney against client, write: Attorney vs. client) |
|
| 3 | The date of the Decree (or Order). | |
| 4 | Whether any appeal has been preferred from the Decree (or Order) | |
| 5 | Whether any and what adjustment of the matter in dispute has been made between the parties subsequently to the Decree (or Order). | |
| 6 | 1. The Date and nature of any writ issued before of after judgment. 2.Whether any and what previous application has been made for execution of the decree (or Order) and with what result. |
|
| 7 | The amount of Debt o Compensation with the interest, if any, due upon the Decree (or Order) or other relief granted therby. | |
| 8 | The amount of costs, if any, awarded. | |
| 9 | The name of the person against whom enforcement of the Decree (or Order) is sought | |
| 10 | The mode in which the assistance of the Court is required. |
(Signature)
I,……………. the abovenamed……………,do declare that what is stated in column (……………..) is true to my own kNowledge and what is stated in column (……………) believe to be true and that the description of the property in the schedule hereto and the specification of the judgment-debtor’s share or interest therein is true to my own knowledge (or is stated on information and belief and I believe the same to be true, as the case may be).
(Signature of Judgment-creditor)
Sworn (or solemnly affirmed) at Calcutta this……… day of……… 20……….Before me. Commissioner(Where attachment and sale of immovable property is sought):-
Schedule
(Description and specification of property)
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.
(Signature of Judgment-creditor)
Form No. 2
[CHAPTER XVII, RULE 11]
Suit No………… of 20……..
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
Plaintiff.
Versus
Defendant.
Notice under Section 145 of the Code
ToTake Notice that you are hereby required under section 145 of the Code of Civil Procedure to appear in person or by advocate or attorney of this Court before the……………… in Chambers on the day of………….. at………… o’clock in the foreNoon, to show cause (if any you have, but Not otherwise) why the decree passed (or order made) against……….. on the……….. day of………….. in the above suit should Not be executed against you as surety for the said defendant.Dated this…………… day of……….. 20…….Attorney for……………….. Registrar.
Form No. 3
[CHAPTER XVII, RULE 111
Suit No…………. of 20……………
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
Plaintiff.
Versus
Defendant.
Notice under order XXI, Rule 2 of the Code
ToTake Notice that you are hereby required under rule 2 of Order XXI of the Code of Civil Procedure to appear in person or by advocate or attorney of this Court before the…………. in Chambers on the day of………….. at………… o’clock in the foreNoon, to show cause (if any you have, but Not otherwise) why the payment to you by the judgment-debtor of the sum of Rupees……….. on the………. day of………….. should Not be recorded and certified in the Register of the abovenamed suit.Dated this……….. day of……….. 20…………Attorney for Registrar.
Form No. 4
[CHAPTER XVII, RULE 11]
Suit No………… of 20………
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
Plaintiff.
Versus
Defendant.
Notice under order XXI, Rule 16 of the Code
ToTake Notice that you are hereby required under rule 16 of Order XXI of the Code of Civil Procedure to appear in person or by advocate or attorney of this Court before the………….. in Chambers on the………. day of………. 20………. at……….. o’clock in the foreNoon, to show cause (if any you have, but Not otherwise) why the decree ‘passed or order made in the above suit on the………. day of……………. in favour of………….. and by……….. transferred to………………. should Not be executed by the said transferee against you the said…………Dated this……….. day of…………. 20….Advocate acting on the Original Side for Registrar.
Form No.5
[CHAPTER XVII, RULE 11]
Suit No………. of 20……
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
Plaintiff.
Versus
Defendant.
Notice under order XXI, Rule 22 of the Code
ToThe……….. above named……………..Take Notice that you are hereby required under rule 22 of Order XXI of the Code of Civil Procedure to appear in person or by advocate or Advocate acting on the Original Side of this Court before the…….. in Chambers on the………….. day of……………. 20….. at o’clock in the foreNoon, to show cause why the decree proNounced against you on the day of in the above suit should Not be executed against you.Dated this………….. day of……….. 20……Advocate acting on the Original Side for Registrar.
Form No 5
[CHAPTER XVII, RULE 11]
Suit No……….. of……… 20…..
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
Plaintiff.
Versus
Defendant.
Notice under order XXI, Rule 34(2) of the Code
ToThe……….. above named………………Take Notice that you are hereby required under rule 34(2) of Order XXI of the Code of Civil Procedure to state your objections in writing, if any you have, to the accompanying draft conveyance, and to file the same in my office on or before the…….. day of…….. 20…., and in such event to appear in person or by Advocate or Advocate acting on the Original Side of this Court before the……. in Chambers on the…….. day of……… 20……, at…….. o’clock in the foreNoon to support the same.Dated this………… day of………… 20……….Advocate acting on the Original Side for Registrar.
Form No. 7
[CHAPTER XVII., RULE 11]
Suit No……….. of 20……….
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
Plaintiff
Versus
Defendant.
Notice under Order XXI, Rule 37 of the Code
ToThe………….. above named…………..Take Notice that you are hereby required under rule 37 of Order XXI of the Code of Civil Procedure to appear in person before……… in Chambers on the………. day of……… 20……, at…………. o’clock in the foreNoon, to show cause why you should Not be committed to Jail in execution of the decree proNounced against you on the………… day of………. 20……. in the above suit.Dated this………… day of………… 20…..Advocate acting on the Original Side for Registrar.
Form No. 8
[CHAPTER XVII, RULE 29]
Suit No……… of 20……..
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
Notice of application for sale made one year after attachment
To
the Defendant above named and
ToWhereas the plaintiff has applied for sale of the property attached in execution of the decree of this Court made and proNounced in this suit on the…………. day of Two thousand………….. you are hereby required, being served with this Notice, on or before the…….. day of………. to appear before the………… in Chambers on the……….. day of………. at………. o’clock in the orNoon to show cause why the said property should Not be sold in execution of the said decree/order.Dated this……… day of……….. 20………Advocate acting on the Original Side for Registrar.
Form No. 9
[CHAPTER XVIII, RULE 1]
Suit No…………. of 20……..
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
Plaintiff
Versus
Defendant
Garnishee Notice
ToTake Notice that you are hereby required on or before the……… day of 20……….. to pay to the Sheriff of Calcutta the sum of Rupees* Particular to be stated in the margin of the Notice…………. out of the moneys attached in your hands by order dated………… day of……… 20…….. , or otherwise to appear in person or by advocate or Advocate acting on the Original Side of this Court before the sitting Judge in Chambers at 11 o’clock in the foreNoon on the day aforesaid and show cause to the contrary in default whereof an order for payment may be passed against you.Dated this………… day of…………. 20……Advocate acting on the Original Side for Registrar.
Appendix E 1
Form No. 1
[CHAPTER XXA, RULE 1]
In The High Court At Calcutta
Ordinary Original Civil
…………..Jurisdiction
In the Matter of: An application
And
(Name & Occupation) Caveator
ToThe Registrar,Sir,Let Nothing be done in respect of the application, particulars of which are given below without due Notice to the abovenamed Caveator.Dated this………… day of……… 20…..
Yours faithfully,
- Name of the Caveator in full.2. Address of the Caveator.3. In case the Caveator resides outside the jurisdiction of this Court address of the Caveator for service of Notice within the jurisdiction of this Court.4. Name of the applicant in respect of the application against which Caveat is lodged.5. Address of such applicant.6. Number of the suit/ proceeding and the Cause Title thereof, if instituted.7. Name and address of the intended parties to the suit. Caveator is aware if the suit/proceeding has Not been instituted.8. Nature of the proceeding.
Appendix E4
Form No. 2
[CHAPTER XXA, RULE 51]
In The High Court At Calcutta
Ordinary Original Civil
……………Jurisdiction
vs
………………..
ToPlease take Notice under sub-section (3) of section 148A of the Code of Civil Procedure that an application has been filed in this Court by……….. of No. ………… in the above suit/matter praying inter alia for an Order for………….Dated this……….. day of……….. 20…….
Registrar.
Appendix F
Form No. 1
[CHAPTER XXI, RULE 7]
Order appointing Receiver
It is ordered that……………………… be and he is hereby appointed the Receiver of the moveable property and of he rents, issues and profits of the immoveable property belonging to the estate of A . B the intestate in the pleadings in this suit named, with power to get in and collect the outstanding debts and claims due to the estate of the said intestate and with all the powers provided for in Order XL, rule 1(d) of the Civil Procedure Code, except that he shall Not, without leave of the Court (1) grant leases for a term exceeding three years, or (2) bring suits except suits for rent or rejectment where the rents are in arrears for more than two months, or (3) institute an appeal in any Court (except from a decree in a rent suit or ejectment 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 net annual rental being calculated at the amount at which the property to be repaired would let when in a fair state of repair less outgoings in respect of municipal taxes either owner’s or occupier’s share or both shares, revenue cess, ground or other rents and proportionate collection charges, if any, payable in respect of the property. And it is further ordered that the said Receiver shall have power to expend on the repair of any property of such nature as would Not ordinarily be let, such amount as may be decided on at a meeting convened in his office after service of Notice to the parties, if appearing in person, or their attorneys, as the case may be, and, in the event of there being any disagreement between the said Receiver and the parties or their attorneys or any of them, the said Receiver shall be entitled to apply before the Judge for directions on Notice to the parties. the costs of such application being in the discretion of the Judge. And it is further ordered that the defendants and all persons claiming under them dc deliver up quiet possession of the said property, moveable and immoveable, of the said intestate together with all leases, agreements for lease, kabuliats, accounts, books, papers, memoranda and writings relating thereto to the said Receiver. And it is further orderedthat the said Receiver do take possession of the s aid property, moveable and immoveable, and collect the rents, issues and profits of the said immoveable property and that the tenants and occupiers thereof 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 suits in his own name and shall have power to use the names of the plaintiffs and defendants who are to be indemnified out of the estate and effects of the said intestate. 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 as aforesaid. 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, namely,-
Form No. 2
[CHAPTER XXI, RULE 17]
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
Plaintiff
Vs.
Defendant.
I…………………………, of……………………… the Receiver appointed in this suit, make oath (or solemn affirmation) and say as follows:-1. The account hereto annexed and marked with the letter “A” is my account of the rents and profits of the immoveable property and of the outstanding assets of the testator (or intestate) in this suit from the…………. day of……….. 20………., to the day of………… 20…….., both inclusive, and contains a true account of all and every sum of money received by me or by any other person or persons by my order or, to my kNowledge or belief, for my use on account, or in respect of the said rents and profits accrued due on or before the said………. day of…………. or an account or in respect of the said assets, except what is included as received in my Former account (or accounts) sworn (or affirmed) by me.2. The several sums of money mentioned in the said account, hereby verified to have been paid and allowed, have been actually and truly so paid and allowed for the several purposes in the said account mentioned.3. The said account is just and true in all and every items and particulars therein contained, according to the best of my kNowledge and belief.4. W.X. and Y.Z………, the sureties named in the bond given by me, dated the……… of……….. 20 , are both alive and neither of them has become insolvent.
(Usual Jurat)
Form No. 3
[CHAPTER XXI RULE 4]
Security Bond by Receiver and a Guarantee Society
Suit No……………. of………..
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
………………….
Vs.
………………….
Precedent for Form of Bond
KNow all men by these presents that I/We (name of the Receiver/ Receivers and his or their description and address) hereinafter called the Receiver/Receivers and we (fill in name and address of Guarantee Society or Company) carrying on business in Calcutta at (place of business) through (name of the Guarantee Society’s Agents) (hereinafter called the Society or Company) are jointly and severally held and firmly bound unto (name of the Registrar) Registrar of the High Court at Calcutta in its Ordinary Original Civil Jurisdiction his successor or successors in office and assigns in the sum of Rs…….. to be paid to the said (name of the Registrar, Original Side) hereinafter called the Registrar his successor or successors in office or assigns as the case may be for which payment will and truly to be made I/We the Receiver/Receivers for myself (ourselves), my (our) heirs, executors, administrators and representatives and every of them and We the Society/Company for ourselves and our successors do bind and oblige ourselves for the whole firmly by these presents and We the Society/Company do hereby submit ourselves to the jurisdiction of the said High Court and appoint (place of business of the Society/ Company or is Agents) aforesaid as the address for service of all writs, proceedings or Notices that may be issued, taken or given with reference to the condition of this Bond or with respect to the liability of the said Receiver/Receivers thereunder. Whereas by an order dated the…………… day of……… and made by the said High Court in Suit No…….. of……… wherein is/are Plaintiff/ Plaintiffs and the defendant/ defendants it was ordered that the Receiver/Receivers should be appointed Receiver/Receivers of (description of property, etc.) and he/they was/were thereby directed to give security for Rs………. to be approved by the s sicl Registrar And Whereas the Registrar has under the rules of the said High Court accepted the Society/Company as Surety for the said Receiver/ Receivers.Now the conditions of the above written Bond or obligation are such that hove bounden Receiver/Receivers or his/or their executors or administrators or some or one of them do and shall duly account for all sums of money or other property which the Receiver/Receivers has (have) shall receive or has or (have) or shall become liable to pay or account for as such Receiver/Receivers as aforesaid including as well all sums of money or other property which the Receiver/ Receivers shall receive or become liable to pay or account for or in respect of the period for which the Receiver/Receivers has/have been appointed such Receiver/Receivers as aforesaid as also in respect of any appointment for any extended or further period during which the said Receiver/Receivers may be continued or appointed such Receiver/Receivers either under the said order in the same action at such period and in such manner as the Court or Judge shall appoint and do and shall pay or deliver the same as the Court or Judge has directed or shall hereafter direct and shall give immediate Notice to the Court if the Society/Company shall become insolvent or go into liquidation then the above written Bond or obligation shall be void otherwise the same shall subject to the provisions hereinafter contained be and remain in full force and virtue : Provided always that if the Receiver/Receivers shall Not for every successive term of twelve calendar months to be computed from…………. the day of…… within fifteen days after the………. day of………. in each and every year pay or cause to be paid at the office of the Society/Company the annual premium or sum of Rs then the Society/Company shall at any time after such default in payment be at liberty to apply by summons in Chambers to be relieved from all further liability as such sureties as aforesaid and such summons having been served upon such persons as the Judge shall direct and being finally heard all further liability of the Society/Company as such sureties as aforesaid shall from and after the final hearing of such summons or from and after such other time as the Judge shall direct cease and determine save and except in respect of any loss or damage occasioned by any act or default of the Receiver/Receivers in relation to his/ their duties as such Receiver/ Receivers as aforesaid previously to such cesser and determination of liability : Provided always and it is further agreed between the Receiver/Receivers and the Society/Company that the Receiver/ Receivers shall and will on being discharged from his/ their office or ceasing to act as such Receiver/ Receivers as aforesaid forthwith give Notice thereof in writing and also furnish to the Society /Company free of charge an office copy of the order of the Court or Judge discharging him Receiver/Receivers from his/their office as such Receiver/Receivers as aforesaid. And further that he/ they the Receiver/Receivers, his/their heirs, executors and administrators shall and will from time to time and at all times save and defend and keep harmless the Society/Company and their Successors and the property and funds of the Society/Company from and against all loss and damage, costs and expenses which the Society/Company or the funds or property thereof shall or may or otherwise might at any time sustain or be put unto for or by reason or in consequence of the Society/Company having entered into the above written Bond for and at the request of the said.In Witness whereof the said Receiver/Receivers has/have hereunto set his/ their hand /s and seals and the Society/Company have hereunto caused their common seal to be affixed in the presence of………. the day and year first above written.
Signed, Sealed and delivered by the said in the presence of
The Seal of the Society/Company was hereunto affixed in the presence of…………………..
Or
Signed on behalf of the Company.
Appendix G
Form No. 1
[CHAPTER XXII, RULE 1]
Order for commission to examine witness
It is ordered that a commission do issue out of and under the seal of this Court directed to a person therein named authorizing him to swear or affirm and examine viva voce at (1)………. and (2) and such other person or persons as shall be produced before him as witnesses on behalf of the (plaintiff or defendant). And it is further ordered that the parties to this suit do appear before the said Commissioner in person or by their agents or pleaders and that the said commission be made returnable on or before the…………. day of…………. and that the evidence to be taken thereunder be read and used at the hearing of this suit saving all just exceptions as to the admissibility thereof and let the consideration of the question of costs of and incidental to this application and of issuing and executing the said commission and of the return thereof be reserved until the final disposal of this suit or until further order of this Court.
Form No. 2
[CHAPTER XXII, RULE 1]
Suit No………. of 20…………..
The President of India.
Writ of commission
ToThe Commissioner on behalf of the……….. hereinafter named, GREETING : kNow be, that we in confidence of your prudence and fidelity, have appointed you, and by these presents do give unto you full power and authority, to swear or affirm and diligently, to examine viva voce…………. as shall be produced before you as………. witness……………… on behalf of the said……… in a certain Suit No………. of……… Now pending in our High Court at Calcutta [wherein………. ] and we further command you that you do at certain days and places to be appointed by you for that purpose of which reasonable Notice shall be given to all parties cause the said witness to come before you and then and there examine and cross-examine such witness either upon oath or solemn affirmation, which we hereby give you full power and authority to administer to such witness in the Form firstly specified at the foot hereof; and that you do take such…………. examination and reduce the same into writing on parchment or paper; and when you shall have so taken the same you are to send the same (returnable date as given in the order for the issue of this commission) to the address of the Registrar of our said High Court at Calcutta in its Original Jurisdiction, closed up under your seal, together with such documents as shall be spoken to and marked as exhibits and this writ.And we further empower you to appoint (if necessary) a competent interpreter to interpret such of the proceedings under this commission as you may deem necessary to have interpreted from or into the English language. And we further command you that the interpreter employed in interpreting the depositions of the said witness to be examined by virtue of these presents shall, before he be permitted to act as such interpreter as aforesaid, take the oath or affirmation lastly specified at the foot hereof which we hereby give you full power and authority to administer to such interpreter. And we do lastly order that the parties to this suit do appear before you in person or by their agents or pleaders. Witness (name of the Chief Justice) Chief Justice at Calcutta aforesaid, the………….. day of………… in the year of Two thousand and………….Advocate acting on the Original Side.Advocate acting on the Original Side. RegistrarThe execution of this commission appears by a certain schedule hereunto annexed.
Commissioner
Note 1 : The Commissioner shall Not be bound to execute this commission unless such a sum as……… shall think reasonable be deposited with………….. for the expenses of executing the same, and also of summoning the witnesses and defraying their travelling and other expenses.
Note 2 : After the deposition of any witness shall have been taken down, and before it is signed by him, it shall be distinctly read over, and, where necessary, translated to the witness in order that mistakes or omissions may be rectified or supplied. The deposition shall be signed by the witness and left with the Commissioner who shall subscribe his name and date of the examination.
Form of the oath or affirmation to be administered to the witnessYou swear (or solemnly affirm in the presence of Almighty God) that the evidence which you shall give in this case shall be true, that you will conceal Nothing, and that No part of your evidence shall be false.
So help you god
Form of the oath or affirmation to be administered to the interpreterYou swear (or solemnly affirm in the presence of Almighty God)that you understand and speak the………… and English languages, and that you will well and truly and faithfully interpret, translate and explain to the witness to be produced before the Commissioner, all questions and answers and all such matters as the Commissioner may require you to interpret, translate and explain.
So help you God.
Note : The words “So help you God” are to be omitted when an affirmation is administered.
Appendix H
Form No 1
[CHAPTER XXIII, RULE IA]
Suit No……… of 20……
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
Plaintiff.
versus
Defendant.
Notice of submission of award
Take Notice that the award of the Arbitrator appointed in this suit under an order of Court, dated the……… day of 20…….., has this day been filed and that the Court will proceed to pass judgment on such award on………… the………. day of…….. Dated this……. day of……… 20…….
Registrar.
Appendix H1
Form No. 1
[REQUISITION UNDER CHAPTER XXIV, RULE 43(1)]
Suit No………. of 20……….
In The High Court At Calcutta
Ordinary a Original Civil Jurisdiction
…………
versus
…………
ToThe Registrar,High Court, Original Side.Sir,Please receive the amount(s) specified below under rule 43(1) of Chapter XXIV of the Rules and Orders and place the same to the credit of the above suit.Appearance entered in person/through Mr. /Messrs………… on………..
| Details of amounts. | Rs. | |
| (a) | In satisfaction in full of the plaintiff’s Claim | |
| (b) | In satisfaction in full of the cause (s) of action relating | ……………. |
| (c) | On account of commission | |
| ……………. | ||
| Total |
The defendant admits/denies* Strike out words Not required liability in respect of……..
Yours faithfully,
Signature of the defendant………………
Signature of the defendant’s attorney(s)……..
Dated Calcutta,The………
Form No. 2
[NOTICE UNDER CHAPTER XXIV, RULE 43(2)]
Suit No……… of 20……..
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
……………
versus
……………
ToTake Notice that the defendant has on the……… day of………. 20……… deposited with the Registrar Rs and says that the sum is sufficient to satisfy the plaintiff’s claim in full (in respect of the cause/causes of action relating to……………..) and admits (denies) liability in respect of………….
……………
Registrar
Form No. 3
[NOTICE UNDER CHAPTER XXIV, RULE 44/45]
Suit No……… of 20………..
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
………..
versus
………..
ToTake Notice that the plaintiff accepts the amount (amounts) specified below deposited by you with the Registrar in full (part) satisfaction of his claim (causes of action relating to………..) and abandons his other claim in the suit [shall prosecute this suit for the balance of his claim (claims)] and that he will on the……… day of……….. apply by requisition in writing to the Registrar for payment to him of………… the said amount (amounts) so deposited by you with him.
Plaintiff in person/Advocate(s) acting on the Original Side for the plaintiff.
Dated Calcutta,The………
Details of amount
(a) Rs……….. deposited in satisfaction in full of the claim is accepted by the plaintiff in full (part) satisfaction.
(b) Rs……….. deposited in satisfaction in full of the cause (causes) of action relating to is accepted by the plaintiff in full (part) satisfaction.
Form No. 4
[REQUISITION UNDER CHAPTER XXIV, RULE 44/45]
Suit No………. of 20………
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
………….
versus
………….
ToThe Registrar, High Court,Original Side.Sir,Please pay the amount(s) specified below and deposited with you by the defendant under Chapter XXIV, Rule 43(1) of the Rules and Orders with admission/denial of liability and lying in your hands to me (to my Advocate acting on the Original Side/Advocates acting on the Original Side, Mr./Messrs ). The consent of the defendant [Advocate(s) acting on the Original Side for the defendant] is endorsed hereon. (Notice under Chapter XXIV, Rule 44/45 of the Rules and Orders has been duly served on the defendant as would appear from the affidavit of service of the said Notice filed herewith.) The certificate under the said Rule 44/45 is herewith filed.
Yours faithfully,
Plaintiff’s Signature/Plaintiff’s Advocate’s acting on the Original Side Signature.
Details of amount
(a) Rs…………. deposited in satisfaction in full of the claim and acceptedby the plaintiff in full (part) satisfaction.
(b) Rs………. deposited in satisfaction in full of the cause (causes) of action relating to and accepted by the plaintiff in full (part) satisfaction.
(Strike out words Not required)
Form No. 5
[LODGMENT SCHEDULE UNDER CHAPTER XXIV, RULE 39B]
Suit No……….. of 20……….
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
…………
versus
…………
| Date of order/ | Amount | Registrar’s Commission | Party on whose behalf decree and the purpose for which, the payment is made | Remarks |
Dated………..
Issue Challan
(Signature of the party)
Time for payment…………
Signature of the party’s Advocate(s)acting on the Original Side ……………….
(Signature)
Registrar.
The number and date of the Challan issued…………
……………………..
(Signature)
Accountant
(Strike out words Not required)
Form No. 6
Number of the Challan
[CHALLAN UNDER CHAPTER XXIV, RULE 39C]
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
Ledger Volume………….
(in triplicate)
Folio No……………To The Reserve Bank of India,Calcutta
Dated, Calcutta, the………. 20……
Please receive the amount of Rs………… as specified below and credit the same in the account of the Registrar, High Court, Original Side, Calcutta, if the payment is offered to be made within the……. day of……….. 20………..
| Suit No. with Cause Title | Deposited under order/ decree or under rules | Directed by the order/ decree or under rules | Registrar’s Commission | Party on whose behalf and the purpose for which the payment is made |
| Total |
Rupees (in words)…………RegistrarDate………….Accountant.Received the amount of Rs……….. on……… day of…….. 20…….Date :
Signature
For Reserve Bank of India, Calcutta.
Form No. 7
[REQUISITION UNDER CHAPTER XXIV, RULE 42A1
Suit No……… of 20…….
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction Full Cause title to be set out
…………….
Versus
……………
ToThe Registrar, High Court, Original SideSir,Please receive the amount(s) specified below under Rule 42A of Chapter XXIV of the Rules and Orders and place the same to the credit of the Suit:
(Particulars)
(i) Particulars of the premises with description thereof sufficient for identifying the premises (e.g., Number of premises, name of street, police-station, etc.)………………….
(ii) Period for which rent is deposited………….
(iii) Amount of rent deposited………………….
(iv) Name and address of the landlord or the person or persons claiming to be entitled to such rent…………….
(v) Date of service of the Writ on the Defendant making the deposit……………
(To be filled in for subsequent deposit only.)
(vi) The period for which rent was last deposited.)
(vii) Number and date of receipt under which the above deposit was made…………..
I state that all particulars mentioned above by me are true and correct.
Yours faithfully
Signature of the Tenant Defendant………..
Signature of the Defendant’s Advocate
acting on the Original Side………..
Dated Calcutta, the………….
Form No. 8
Lodgment Schedule under Chapter XXIV, Rule 13A
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
No……….. of 20………..
Suit/Matter
…………….
Vs. and
…………….
| Date of Decree/ Order | Amount in figures and words | Party on whose behalf and the purpose for which the payment is made. | Remarks |
Issue Challan
Date………… …………….(Signature of the party)
Time for payment ……….
(Signature)
[Signature of the party’s Advocate(s) acting on the Original Side]
Accountant-General, High Court, O. S.
The number and date of Challan issued………..
……………….
(Signature)
Superintendent,
Office of the Accountant-General,
High Court, O.S.
(Strike out words Not required)
Form No. 9
CHALLAN UNDER CHAPTER XXIV, RULE 13B
Number of Challan……………
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
Ledger Volume…………..Folio No……………ToThe Reserve Bank of India,Calcutta.Please receive the amount of Rs………….. (in figures) as specified below and credit the same in the account of the Accountant-General, High Court, Original Side, Calcutta, if the payment is offered to be made within the………… day of………. 20……
| Suit/ Matter No. with cause title. | Deposited/ directed under/ decree or under rules. | Party on whose behalf and the purpose for which the payment is made. |
| Total |
Rupees (in words)
Accountant-General, High Court, O.S.
Date :
Superintendent,
Office of the Accountant-General,
High Court; O.S.
Signature
for Reserve Bank of India, Calcutta.
Received the amount of Rs……….. on……….. day of………. 20…….Dated :(Strike out words Not required)
Appendix I
Form No. 1
[CHAPTER XXVI, RULE 1171
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction (or as may be)
(Number and title of the suit, or title of the matter)
Summons to proceed on reference
Let all parties concerned attend before the (Registrar or other officer conducting the reference) at the Court-house, to take into consideration the matter of the reference directed (or to proceed with the accounts and enquiries directed to be taken and made) by the decree (or order) made in this suit and dated the……….. day of……….. 20………Dated this………… day of………. 20…..
Registrar or Officer
The summons was taken out by A. B.,
Advocate acting on the Original Side for the applicant.
To(Insert the name of the Advocate acting on Original Side or person to be served thus:-Mr. C. D., Advocate acting on the Original Side for the Plaintiff or Defendant, or Petitioner or Respondent.)ToThe Plaintiff, or Defendant, or Petitioner, or Respondent G H., or as may be.
Form No. 2
[CHAPTER XXVI, RULE 60]
Advertisement for the creditors of a deceased person to come in with their claims
Pursuant to a decree (or an order) of the High Court at Calcutta, in its Ordinary Original Civil Jurisdiction, made in(set out the number and title of the suit or title of the matter), the creditors of A.B., late of (residence and additions, as thus: No. 6, Park Street in the town of Calcutta, merchant), who died in or about the month of…….. 20……… are, on or before the………. day of……… 20……….., to send to the office of the Registrar of this Court, on its Original Side, their names, addresses, and descriptions, the full particulars of their claims, a statement of their accounts, and the nature of the securities (if any) held by them; or in default thereof, they will be peremptorily excluded from the benefit of the said decree (or order).Every creditor, holding any security, may produce or transmit the same to the registrar, with the particulars of his claim, or shall produce the same before the HoNourable Mr. Justice…………. in the Court-house, on………. the………. day of……… 20… at……… of the clock in the……….. Noon, being the time appointed for adjudicating on the claims.
Registrar or Officer.
Form No. 3
[CHAPTER XXVI, RULES 62, 721
(Formal parts as in No. 1)
Notice to creditor to prove his claim
You are hereby required to prove the claim sent in by you against the estate of A.B., deceased. You are to file such affidavit as you may be advised in support of your claim, and give Notice thereof to Mr. B. C, the Advocate acting on the Original Side for the plaintiff (or for the party conducting the reference), on or before the……. day of………. 20………. ; and to attend by your Advocate acting on the Original Side,or in person if you have No Advocate acting on the Original Side, before the (Registrar or Officer), at the Court-house, on…………… the………. day of………… 20………., at……… of the clock in the Noon, being the time appointed for adjudicating on the claim.Dated this……… day of……….. 20……….To (Name of claimant)
Registrar.
Form No. 4
[CHAPTER XXVI, RULES 63, 64]
(Formal parts as in No. 1, ante)
Notice to claimant to produce documents
You are hereby required to produce, in support of the claims sent in by you, against the estate of A. B., deceased [or your claim as heir-at-law or next-of-kin or ore of the kindred of A. B., deceased, or your claim as (devisee or) legatee under the will of A.B., deceased] (describe the documents required to be produced) before the Registrar or Officer at the Court-house on the………… day of…… 20…….., at…….. of the clock in the……….. Noon.Dated this………. day of………….. 20………..To (Name of claimant)
Registrar.
Form No. 5
[CHAPTER XXVI, RULE 67]
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
(Number and title of the suit)
Executor’s or Administrator’s affidavit as to claims of creditors sent in to the Registrar pursuant to advertisement to creditors
I, C. D. of etc., the above named plaintiff (or defendant, or as may be), the Executor (or Administrator) of A. B., late of……… deceased, make oath and say as follows:-1. I have in the paper writing Now produced, and shown to me, and marked A, set forth a list of all the claims, the particulars of which have been sent in to the Registrar by persons claiming to be creditors of the said A. B., deceased, pursuant to the advertisement issued in that behalf, dated the………… day of……….. 20……2. I have examined the particulars of the several…….. claims mentioned in the paper writing Now produced, and shown to me, and marked A, and I have compared the same with the books, accounts and documents of the said A. B. (or as may be, and state any other inquiries or investigations made), in order to ascertain, so far as I am able, to which of such claims the estate of the said A. B. is justly liable.3. From such examination (and state any other reasons) I am of opinion and verily believe that the estate of the said A.B. is justly liable to the amounts set forth in the sixth column of the first part of the said paper writing, marked A, and to the best of my kNowledge and belief, such several amounts are justly due from the estate of the said A.B., and proper to be allowed to the respective claimants named in the said schedule.4. I am of opinion that the estate of the said A. B. is Not justly liable to the claims set forth in the second part of the said paper writing, marked A, and that the same ought Not to be allowed without proof by the respective claimants (or, I am Not able to state whether the estate of the said A. B. is justly liable to the claims set forth in the second part of the said paper writing, marked A, or whether such claims, or any parts thereof, are proper to be allowed without farther evidence).5. Except as hereinbefore mentioned, there are Not, to the best of my kNowledge, inFormation and belief, any other claims against the estate of the said A.B.
Form No. 6
[CHAPTER XXVI, RULE 67]
Exhibit referred to in Affidavit (No. 5)
(Short title)
List of claims of creditor referred to in the Executor’s or Administrator’s affidavit
List of claims, the particulars of which have been sent in by persons claiming to be creditors of A. B., deceased, pursuant to the advertisement issued in that behalf, dated……….. day of……… 20……This paper writing, marked A, was produced and shown to…….. and is the same as is referred to in his affidavit sworn before me this……… day of…….. 20……
- B., etc.
First Part – Claims proper to be allowed further evidence.
| Serial No. | Name of claimants | Addresses descriptions | Particulars of claim | Amount claimed | Amount proper to be allowed |
Second Part – Claims which ought to be proved by the claimants.
| Serial No. | Names of claimants | Addresses descriptions | Particulars of claim | Amount claimed |
Form No. 7
[CHAPTER XXVI, RULE 73]
(Formal parts as in No. 1, ante)
Notice to creditor of allowance of claim or part of claim and to prove residue
The claim sent in by you against the estate of A. B., deceased, has been allowed at the sum of Rs with interest thereon at………… at…………. per cent, per annum from the………… day of…….. 20……… and Rs……….. for costs (or with costs to be taxed by the Taxing Officer). If part only has been allowed, add: If you claim to have a larger sum allowed, you are hereby required to prove such further claim, and you are to file such affidavit (continue as in No. 3, ante).Dated this……… day of……….. 20…….
Registrar.
To (Name of claimant)
Form No. 8
[CHAPTER XXVI, RULE 73]
(Formal parts as in No. 1, ante)
List of claims against the estate of A. B., deceased, which have been allowed without proof
Advertisement of allowance of claims
| Names of claimants A.B. | Amount Allowed | ||
| Principal | Interests | Costs | |
| Rs. | Rs………, at per cent, up to the day of………, and subsequent interest, at 6 per cent. | Rs………. (or to be taxed |
|
Appendix J
[CHAPTER XXVII, RULE 65]
Form No. 1
Ordinary conditions of sale of immoveable property
Conditions of sale of the property described in the Notification of sale in Suit No………. of 20………..
- No person shall advance a less sum than Rs or retract a bidding.2. The sale is subject to a reserved bidding/ specified price which has been fixed by the Registrar.3. The highest bidder shall be the purchaser, provided the Registrar shall consider that a sufficient bid has been offered, and where any dispute arises as to the last or highest bidding for any lot, the same shall be put up again at a Former bidding for sale.4. The purchaser shall, at the time of sale, subscribe his name and address to his bidding, and the abstract of title and all written Notices and communications and summonses shall be deemed duly delivered to and served upon the purchaser, by being left for him at such address, unless or until he is represented by an Advocate acting on the Original Side.5. The purchaser shall, at the time of sale, pay a deposit of twenty-five per cent on the amount of his purchase-money to the Registrar, otherwise the lot shall immediately be again put up for sale.6. The Registrar shall, as soon as possible after the sale, proceed to certify, the result, and such report shall, within eight days after the sale, be filed by, and at the expense of, the party having the carriage of the proceedings, and in case of his neglect the purchaser of any lot shall be at liberty to file the same, and to retain the costs out of the purchase-money.7. The party having the carriage of the proceedings shall, within…… days after such report has become binding, deliver to the purchaser, or his Advocate acting on the Original Side, an abstract of the title to the lot purchased by him, subject to the stipulations contained in these conditions; and the purchaser shall,within……… days after the actual delivery of the abstract, deliver at the office of Mr. A.B., the Advocate acting on the Original Side of………… (the party having the carriage of the proceedings) at No……… Street in the town of Calcutta, a statement in writing of his objections and requisitions (if any) to or on the title as deduced by such abstract, and to and in respect of the description of the property, and upon the expiration of such last-mentioned-time (and in this respect time is to be deemed of the essence of the contract) the title shall be considered as approved of and accepted by the purchaser, subject only to such objections and requisitions, if any.8. The purchaser shall, under an order for that purpose to be obtained by him, or in case of his neglect, by the party having the carriage of the proceedings, at the cost of the purchaser, upon application to a Judge in Chambers, pay the amount of his purchase-money (after deducting the amount paid as a deposit) to the Reserve Bank of India with the privity of the Accountant-General of this Court, to the credit of the Suit No………. of 20………. (where A. B. is plaintiff and C. D. is defendant), within forty days (orsuch further time as may he allowed) from the day of sale, and where the same is Not so paid then the purchaser shall pay interest on his purchase-money at the rate of per cent. per annum from the end of such forty days (or such further time as may be allowed) from the day of sale to the day on which the same is actually paid.9. Upon payment of the purchase-money in manner aforesaid, the purchaser shall be entitled to possession of such parts of the property as are in hand, and to the rents and profits of such parts as are let as from the day of such payment, and shall be entitled to a proper conveyance, wherein all proper parties shall join as the Registrar shall direct. Such conveyance shall be prepared by and registered at the expense of, the purchaser, and shall be tendered and left by him at the office of the said Mr. A. B. for execution by proper parties.The purchaser shall, at his own expense, take such steps as may be necessary for the purpose of taking possession.10. The purchaser shall Not be liable to pay the outgoings previous to the day of payment of the purchase-money and the rents and outgoings shall be apportioned, where necessary.In the event of there being a statutory charge on the property sold, such charge shall be discharged and paid from the purchase-money and shall Form a first charge thereon. Such charge shall be set out in the conditions of sale.11. The production and inspection of all deeds, evidences and muniments of title which are Not in the possession or power of the party having the carriage of the proceedings, and the procuring and making of all certificates, attested or other copies or extracts of or from any registers, deeds, wills, or other documents, and of all declarations or other evidences as to identity, whether required for the verification of the abstract or for any other purpose, shall be at the expense of the purchaser requiring the same.12. Where any error or miss tateme it, shall appear to have been made in the particulars; or description of the property, such error or misstatement; where capable of compensation, shall Not annul the sale Nor entitle the purchaser to be discharged from his purchase, but a Compensation shall be made to or by the purchaser as the case may be, and the,amount of such compensation shall be settled by a Judge in Chambers.13. Where the purchaser shall Not pay his purchase-money at the tithe above specified, or at any other time which may be named in any order for that purpose, and in all other respects perform these conditions, an order may be made by a Judge in Chambers for the re-sale of the property and for payment by the purchaser of the amount of the deficiency, if any, in the price which may be obtained upon such re-sale, and of all Advocates acting on the Original Side and client’s costs and expenses occasioned by such default.14. Where a re-sale is directed, if for want of bidders the property canNot be re-sold, the purchaser at the Former sale shall pay the whole amount of his purchase-money into Court; but where the property be re-sold, and where the price obtained at the re-sale be less than the purchase-money payable by the original purchaser, he shall pay the amount of the deficiency. The costs occasioned by the default of the original purchaser shall also be paid by him. An order containing these directions may also be obtained from a Judge in Chambers.
Form No. 2
Conditions of sale of the property described in the Notification of sale in Suit No………. of…………
Ordinary conditions of sale of moveable property, other than negotiable securities, or shares in any railway, banking, or other public company or corporation
- No person shall retract a bidding.2. The highest bidder shall be the purchaser, provided the Registrar shall consider that a sufficient bid has been offered, and where any dispute arises as to the last or highest bidding for any lot, the property shall be put up again at a Former bidding for re-sale.3. The purchaser shall, at the time of sale, pay the full amount of the purchase-money, otherwise the property shall be again immediately put up for re-sale.4. Upon payment of the purchase-money, the purchaser shall be entitled to obtain immediate possession of the property.5. The Registrar shall, as soon as possible after the sale, proceed to certify the result. Such certificate shall be filed by, and at expense of, the party having the carriage of the proceedings.
Form No. 3
Form of bidding paper
Bidding paper marked B, referred to in my certificate made in theSuit No……… of…….. and dated the……….. day of………. one thousand nine hundred and………
Registrar
We, whose names are hereunder subscribed, respectively, bid at the sale by auction in the above suit on the………… day of……… Two thousand and…………, the sums set opposite to our respective names, for, and became the purchasers of, the respective lots specified in the Notification of such sale, numbers of which are set opposite to our respective names, subject to the conditions produced at such sale:-
| No. of lot | Amount of highest bidding | Amount of deposit received | Amount remaining due | Signature of purchaser | Purchaser’s address and quality |
Form No. 4
Suit No………. of 20…….
In the High Court at Calcutta
Ordinary Original Civil Jurisdiction
Whereas by a decree (or order) of this Honourable Court made in the above suit, and dated the………… day of……….. Two thousand and……… it was ordered that the premises comprised in the mortgage therein referred to should be sold by the Registrar to the best purchaser or purchasers that could be got for the same, provided the Registrar should consider that a sufficient sum had been offered, and that all proper parties should join in the conveyance as the Registrar should direct, and that the conveyance should be settled by the Registrar where the parties differ about the same, I do hereby certify as follows:1. I certify that I did this day, in my sale room, subject to the conditions specified in the conditions of sale hereunto annexed, and marked with the letter A, put up for sale by auction the said premises described in the Notification of such sale (a copy of which is hereunto annexed, and marked with the letter B), and that the result of such sale is truly set forth in the bidding paper hereunto annexed and marked with the letter C.2. I further certify that the sums set forth in the second column of the said bidding paper are the highest sums bid for respective lots, the numbers of which are set forth in the first column opposite to such respective sums, and that the persons whose names are subscribed in the fifth column of the said bidding paper as purchasers were respectively the highest bidders for, and became the purchasers of, the said respective lots, at the prices or sums set opposite to their respective names in the said second column thereof.3. I further certify that I have received the sums set forth in the third column of the said bidding paper as deposits from the said respective purchasers in respect of their respective purchase monies set forth in the said second column of the said bidding paper, leaving due in respect of the said purchase-monies the respective sums set forth in the fourth column of the said bidding paper.4. I further certify that the several lots opposite to the numbers of which I have in the third column of the said bidding paper written the words “Not sold”, were Not sold, No person having bid a sufficient sum for the same.5. I further certify that No person bid any sum whatever for the several. lots opposite the numbers of which I have in the second column of the said bidding paper written the words “No bidding.”Dated this………. day of………… in the year two thousand and
Registrar.
Form No. 5
[CHAPTER XXVIII, RULE 4]
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
Notice under Section 83 of the Transfer of Property Act
To B,Whereas A has, under section 83 of Act V of 1882, deposited in Court Rs. 1,00,000 as the amount remaining due on the mortgage to you, dated the………… day of……… 20……., and Rs. 106 for the commission and charges of the Accountant-General, and the Reserve Bank of India, and Rs. 500 to provide for such necessary costs and expenses as you may incur, and whereas it is alleged that a sufficient tender was previously made to you: You are hereby inFormed that the Court, upon being satisfied that you have transferred the property comprised in the said mortgage and (Where B is in possession) delivered up possession thereof to the said A, and have also delivered up to the said A, or deposited in Court, or accounted for, all documents in your possession or power, or for which you are responsible relating to the said property, the Court will make such order as to it shall seem fit for the payment to you of the said sum of Rs. 1,00,000 (less, where a tender was made, the commission and charges of the Accountant-General and the Reserve Bank of India) with all costs and expenses to which you may be entitled.Dated this……….. day of……….. 20…….
Registrar.
Form No. 6
[CHAPTER XXX, RULE 71
In The High Court At Calcutta
Ordinary Original Civil Jurisdiction
Notice of application
In the matter of Act VIII of 1890
and
In the matter of………. a minor
Notice is hereby given that………….. residing at………… and natural guardian of the abovenamed minor, has presented a petition to this Court praying to be appointed the guardian of the person and property of the said minor and that this Court has fixed the day of for the hearing of the said petition.Dated this………. day of……… 20……Advocate acting on the Original Side for
Registrar.
Appendix K
[N.B.-The Forms previously contained in this Appendix will Now be found printed, together with the Companies Rules in App. No. 7 of Appendices (Part II), post.]
Appendix L
Form No. 6
[CHAPTER XXXI, RULE 211
In The High Court At Calcutta
In appeal from its Original Civil Jurisdiction
Appeal No………..
Suit No…………. of 20………..
Appellant and (Plaintiff or defendant).
versus
Respondent and (Defendant or Plaintiff).
Memorandum of appeal and of review
(Insert name) the appellant abovenamed appeals against the (decree or) order of the HoNourable Mr. Justice……….. in the above suit passed on the………. day of…….. 20…….. . for the following amongst other reasons:-1st. That (here state grounds of appeal).
(By way of endorsement)
Appeal No
Suit No………. of 20……..
Appellant.
versus
Respondent.
Form No. 2
[CHAPTER XXXII, RULE 9]
In The High Court At Calcutta
In appeal from its Ordinary Original Civil Jurisdiction
Appeal No……… of 20…….
Suit No……… of 20……..
Appellant and
versus
Respondent
To
Respondent
Notice to respondent under order XLI, Rule 14 of the Code of Civil Procedure
Take Notice that an appeal has been presented by………… Advocate acting on the Original Side for the Appellant from the…………… of this Court in its Ordinary Original Civil Jurisdiction, and that such Appeal will be heard by the Appeal Bench for the hearing of Appeals from the Original Side at its next sitting after the time allowed for filing the Paper Books.Memorandum of Appeal filed on the day of………. 20……If No appearance is made on your behalf by yourself, your Advocate acting on the Original Side, or by some one by law authorised to act for you in this Appeal, it will be heard and decided ex parte in your absence.Chief Justice, at ……..Calcutta aforesaid, the day of Two thousand and
Registrar
Ready.Delivered
Forms 3 to 10
[Deleted vide Calcutta Gazette, dated October, 18, 1982]
Appendix LA
Form No. 1
[Deleted vide Calcutta Gazette dated 18th October, 1982]
Form No. 2
[CHAPTER XXXIIB, RULE 4]
In The High Court At Calcutta
In appeal from its Ordinary Original Civil Jurisdiction
(In Appeal from its Constitutional Writ Jurisdiction, Original Side)
(In Appeal from its Special Jurisdiction, Original Side)
The…………. 20……..
Present
| The HoNourable | Chief Justice/One of the Judges of this Court |
| And | |
| The HoNourable | One of the Judges of this Court. |
In the matter of Supreme Court of Appeal
in
Appeal from
DecreeOrder…….. No…….. 20………Appellant(s) to the Supreme Court.
Versus
Respondent(s) to the Supreme Court.The Court, having had before it an application for a Certificate of the nature referred to in clause (1) of Article 132/Clause (1) of Article 133 of the Constitution of India for further appeal to the Supreme Court, from the judgment, decree/or final order of the High Court, dated……….. determines/having determined on its own motion that a certificate of the nature referred to in clause (1) of Article 132/Clause (1) of Article 133 of the Constitution of India, should be given for further appeal to the Supreme Court from the judgment, decree/or final order of the said High Court, dated………
It Is Certified
that the case involves a substantial question of law as to the interpretation of the Constitution.
or
that the case involves a substantial question(s) of law of general importance and that in the opinion of the High Court the said question(s) and need(s) to be decided by the Supreme Court.
Chief Justice /Judge.
N.B, Delete the portion which is Not necessary.
Judge.
Form No. 4
[CHAPTER XXXIIIB, RULE 10]
In The High Court At Calcutta
(In appeal from its Ordinary Original Civil Jurisdiction)
(In Appeal from its Constitutional Writ Jurisdiction, Original Side)
(In Appeal from its Special Jurisdiction, Original Side)
Re : Supreme Court Appeal
Civil Appeal No…………………… of 20……………….
Suit/Matter No……………………..of 20……………….
Appellant(s) to the Supreme Court
versus
Respondent(s) to the Supreme Court
ToThe Registrar,Supreme Court of India, New Delhi.I do hereby certify that the Notices under Order XV, Rule 11 of the Supreme Court Rules, 1966, as received from you relating to the above appeal have been served upon………….. Respondent/ Lawyer for the Respondents to the Supreme Court of India on the…………. day of……… Two thousand and ………… in the manner prescribed in the Rules of this Court.Dated this……… day of……… 20…….
Registrar, Original Side.
Form No. 5
[CHAPTER XXXIIIB, RULE 10]
In The High Court At Calcutta
(In appeal from its Ordinary Original Civil Jurisdiction)
(In Appeal from its Constitutional Writ Jurisdiction, Original Side)
(In Appeal from its Special Jurisdiction, Original Side)
Re : Supreme Court Appeal
Civil Appeal No…….. of 20………
Suit/Matter No……… of 20………
Appellant(s) to the Supreme Court
versus
Respondents/ to the Supreme Court
ToThe Registrar,Supreme Court of India, New Delhi.I do hereby certify that the Notices under Order XV, Rule 11 of the Supreme Court Rules, 1966, as received from you relating to the above appeal could Not be served on the Respondent/Lawyers for the Respondent………….. (state the reason)…………. the said Notices as received from you is returned herewith.
Registrar, Original Side.
Form No. 6
[Requisition under Chapter XXXIIIB, Rule 13]
Appeal No……… of………..
In The High Court At Calcutta
(Ordinary Original Appellate Jurisdiction)
ToThe Registrar,High Court, Original Side.Sir,Please pay the amount(s) specified below/under rule 13 of Chapter XXXIIIB of the Rules as the balance left out of the sum of Rs…….. deposited by me/my lawyers under Court’s letter No………. after deducting therefrom the sum of Rs……….. as the actual cost of transmission of records in the above appeal to Supreme Court.
Yours faithfully,
Appellant ‘s Lawyer’s Signature
Appellant’s Signature
Details of amount
(a) Rs………… Deposited under Court’s letter No.
(b) Rs………… Actual cost incurred for transmission of records in the above appeal to Supreme Court.
Balance…………
Appendix M
Form No. 1
[CHAPTER XXXV, RULE 4]
In The High Court At Calcutta
Testamentary and Intestate Jurisdiction
In the Goods of…………. deceased
Certificate of payment of ad valorem duty
The ad valorem fee payable on the valuation of the property amounting to Rupees (………….) …………….has been paid.Dated this……… day of…………. 20………
Registrar.
Form No. 2
[CHAPTER XXXV, RULE 4]
In The High Court At Calcutta
Testamentary and Intestate Jurisdiction
In the Goods of……………………deceased.
I do hereby certify that the ad valorem fee prescribed by Schedule I, clause 11, of the Court-Fees Act, 1870, is Not payable in this case, it appearing from the affidavit of valuation that the amount or value of the estate does Not exceed Rupees (1,000/-) One Thousand.Dated this…………… day of………….. 20…….Advocate acting on the Original Side
Taxing Officer.
Form No. 2A
[CHAPTER XXXV, RULE 4]
In The High Court At Calcutta
Testamentary and Intestate Jurisdiction
In the Goods of………………… deceased.
Certificate that No duty is payable
I do hereby certify that the ad valorem fee prescribed by Schedule I, clause 11, of the Court-Fees Act, 1870, is Not payable in this case, it appearing from the affidavit of valuation that the debts of the deceased exceed the amount of………… assets.Dated this………… day of………… 20…….Advocate acting on the Original Side
Registrar.
Form No. 3
[CHAPTER XXXV, RULE 4]
In The High Court At Calcutta
Testamentary and Intestate Jurisdiction
In the Goods of ………………. deceased.
Certificate that No duty is payable
I do hereby certify that the ad valorem fee prescribed by Schedule I, clause 11, of the Court-Fees Act, 1870, is Not payable in this case, section 19C added to the said Act by Act XIII of 1875 being applicable thereto.Dated this………. day of………. 20……..Advocate acting on the Original Side for
Registrar.
Form No. 4
[CHAPTER XXXV, RULE 4]
In The High Court At Calcutta
Testamentary and Intestate Jurisdiction
In the Goods of………………………….deceased.
Certificate of No application made to any other Court for Probate or Letters of Administration
At the request of……………….. Advocate acting on the Original Side of this Court, I do hereby certify that No intimation has been received by this Court from any other High Court or any District Court of any grant of Probate of any Will or Letters of Administration of the property and credits of the abovenamed deceased with effect throughout the whole of Union of India.Dated this…….. day of 20……..
Registrar.
Form No. 5
[CHAPTER XXXV, RULE 12]
In The High Court At Calcutta
Testamentary and Intestate Jurisdiction
The President of India
Petition for Probate/ Letters of Administration In the Goods of
Deceased.
Petitioner
Notice by Advertisement of citation
All persons claiming to have any interest in the estate of the abovenamed deceased are hereby cited to come within………… days from the date of the publication of this citation and see the proceedings if they think fit before the grant of………. Witness…………. Chief Justice at Calcutta aforesaid, the……… day of……………. in the year of Two thousand and……..Petitioner’s Advocate acting on the Original Side.
Registrar
Form No. 6
[CHAPTER XXXV, RULE 15]
Bond in case of intestacy
KNow all men by these presents that we……………. are held and firmly bound unto the HoNourable (the Chief Justice’s name) Chief Justice of the High Court at Calcutta in the sum of Rupees…………. of good and lawful money to be paid to the said HoNourable (the Chief Justice’s name) or the Chief Justice of the said High Court for the time being for which payment we do hereby bind ourselves, and each and every of us binds himself for the whole, our and each and every of our heirs, executors, and administrators, unto the said HoNourable (the Chief Justice’s name), his successors in office or assigns firmly by these presents. Sealed with our seals dated the……… day of………… in the year of Two thousand and……………..The condition of the above written obligation is such that if the above bounden………………… Administrator of the property and credits of…………….. deceased, do make or cause to be made a full and true inventory of all the estate of the said deceased, which has or shall come to the hands, possession, or kNowledge of the……. said………. or into the hands or possession of any other person or persons, for and the same so made to exhibit or cause to be exhibited into the Registry of the said High Court, at or before the…………. day of………….. next ensuing or within such further time as the Court may from time to time appoint : And the same estate, and all other estate of the said deceased at the time of…………. death, which, at any time after, shall come to the hands or possession of the said………….. or of any other person or persons for………… do administer according to law:And further do make, or cause to be made a true and just account of…….. said administration at or before the…………. day of…………. which will be in the year of Two thousand and……….. or within such further time as the Court may from time to time appoint : And all the rest and residue of the said estate which shall be found remaining upon the said administration account, the same being first examined and allowed of by the said High Court, shall deliver and pay unto such person or persons respectively as shall be lawfully entitled to such residue : And if it shall hereafter appear that any last will and testament was made by the said deceased, and the executor or executors therein named do exhibit the same into the said Court, making request to have it allowed and approved accordingly if the above bounden………… being thereunto required, do render and deliver the letters of administration to………… granted (approbation of such testament being first had and made) in the said Court, then this obligation to be void and of None effect, else to remain in full force and virtue.Signed, sealed and delivered at in the presence of
Registrar.
Form No. 7
[CHAPTER XXXV, RULE 15]
Bond in the case of Letters of Administration with Will annexed
KNow all men by these presents that we…………… are held and firmly bound unto the HoNourable (the Chief Justice’s name) Chief Justice of the High Court at Calcutta, in the sum of Rupees……….. of good and lawful money to be paid to the said HoNourable (the Chief Justice’s name) or the Chief Justice of the said High Court for the time being for which payment we do hereby bind ourselves, and each and every of us binds himself for the whole, our and each and every of our heirs, executors, and administrators, unto the said HoNourable (the Chief Justice’s name), his successors in office, or assigns firmly by these presents. Sealed with our seals dated the……….. day of……….. in the year of Two thousand and………..The condition of the above written obligation is such that if the above bounden…………Administrator of the property and credits of………… deceased, do make or cause to be made a full and true inventory of all the estates of the said deceased, which has or shall come to the hands, possession, or knowledge………….. of the said……….. or into the hands or possession of any other person or persons, for………… and the same so made do exhibit or cause to be exhibited into the Registry of the said High Court, at or before the………. day of………… next ensuing or within such further time as the Court may from time to time appoint : And the same estate, and all other the estate of the said deceased at the time of death, which, at any time after, shall come to the hands or possession of the said or of any other person or persons for…….. do administer according to law : And further do make, or cause to made, a true and just account of…………. said administration at or before the day of…………. which will be in the year of Two thousand and………….. or within such further time as the Court may from time to time appoint : And all the rest and residue of the said estate which shall be found remaining upon the said administration account, the same being first examined and allowed of by the said High Court, shall deliver and pay unto such person or persons respectively as shall be lawfully entitled to such residue, then this obligation to be void and of None effect, else to remain in full force and virtue.Signed, sealed and delivered at in the presence of
Registrar.
Form No. 8
[CHAPTER XXXV, RULE 16]
Bond by Guarantee Society, in case of Intestacy
KNow all men by these presents that I (or we)…………… and we………. Society Limited carrying on business in Calcutta at………. through………. (and hereinafter called the Society) are held and firmly bound unto the HoNourable (the Chief Justice’s name) Chief Justice of the…………. High Court at Calcutta in the sum of Rs of good and lawful money to be paid to the said HoNourable (the Chief Justice’s name) or the Chief Justice of the said High Court for the time being for which payment I (or we) the said………. do hereby bind myself/ourselves and each and every of us binds himself for the whole my/our and each and every of my/our heirs, executors and administrators, and we the Society for ourselves and our successors, do oind and oblige ourselves for the whole unto the HoNourable (the Chief Justice’s name), his successors in office or assigns firmly by these presents and we the Society do hereby submit ourselves to the jurisdiction of the said High Court. Sealed with the seal of the said………….. and also with the seal of the said Society dated the………….. day of……. in the year of Two thousand and……………. The condition of the above written obligation is such that if the above bounden………….Administrator of the property and credits……….. of deceased, do make or cause to be made a full and true inventory of all the estate of the said deceased, which has or shall come to the hands, possession or kNowledge of him/them the said………….. or into the hands or possession of any other person or persons, for him/them and the same so made do exhibit or cause to be exhibited into the Registry of the said High Court, at or before the…………….. day of………… next ensuring, or within such further time as the Court may from time to time appoint. And the same estate and all other the estate of the said deceased at the time of his/her death, which at any time after shall come to the hands or possession of the said………….. or of any other person or persons for him/ them do administer according to law. And further do make, or cause to be made, a true and just account of his/their said administration at or before the ………. day……… of……….. which will be in the year of Two thousand and or within such further time as the said High Court may from time to time appoint. And all the rest and residue of the said estate which shall be found remaining upon the said administration account, the same being first examined and allowed of by the said High Court shall deliver and pay unto such person or persons respectively as shall be lawfully entitled to such residue:And if it shall hereafter appear that any last will and testament was made by the said deceased, and the executor or executors therein named do exhibit the same into the said. High Court, making request to have it allowed and approved accordingly, if the above bounden………….. being thereunto required, do render and deliver the Letters of Administration to him/them granted (approbation of such testament being first had and made) in the said High Court, then this obligation to be void and of None effect else to remain in full force and virtue.Signed, sealed and delivered at in the presence of
Registrar
Form No. 9
[CHAPTER XXXV, RULE 16]
Bond by Guarantee Society, in case of Letters of Administration with Will annexed
KNow all men by these presents that I (or we)……… and we……… Society Limited carrying on business in Calcutta at………. through (and hereinafter called the Society) are held and firmly bound unto the HoNourable (the Chief Justice’s name) the Chief Justice of the High Court at Calcutta in the sum of Rs of good and lawful money to be paid to the said HoNourable (the Chief Justice’s name) or the Chief Justice of the said High Court for the time being for which payment well and truly to be made I (or we) the said do hereby bind myself/ourselves and each and every of us binds himself for the whole my/our and each of my/our heirs, executors and administrators, and we the Society for ourselves and our successors, do bind and oblige ourselves for the whole unto the HoNourable (the Chief Justice’s name), his successor in office or assigns firmly by these presents and we the Society do hereby submit ourselves to the jurisdiction of the said High Court. Sealed with the seal of the said………. and also with the seal of the said Society dated……….. the………. day of……….. in the year of Two thousand and………….The condition of the above written obligation is such that if the above bounden………. Administrator of the property and credits of………… deceased, do make or cause to be made a full and true inventory of all the estate of the said deceased, which has or shall come to the hands, possession or kNowledge of him/ them the said or into the hands or possession of any other person or persons, for him/them and the same so made to exhibit or cause to be exhibited into the Registry of the said High Court, at or before the…………. day of……………. next ensuing or within such further time as the said High Court may from time to time appoint: And the same estate, and all other the estate of the said deceased at the time of his/her death, which at any time after shall come to the hands or possession of the said……… or of any other person or persons for him/them do administer according to law. And further do make, or cause to be made, a true and just account of his/their said administration at or before the………… day of which will be in the year of Two thousand and………… or within such further time as the said High Court may from time to time appoint. And all the rest and residue of the said estate which shall be found remain in gupon the said administration account, the same being first examined and allowed of by the said High Court, shall deliver and pay unto such person or persons respectively as shall be lawfully entitled to such residue, then this obligation to be void and of None effect, else to remain in full force and virtue.Signed, sealed and delivered at in the presence of
Registrar.
Form No. 10
[CHAPTER XXXV, RULE 17]
FromThe Registrar,High Court, Original Side,To
Calcutta, the……………. 20…………
Letter to accompany Bond of Guarantee Society
Sirs,It is proposed that the………………………… Assurance Co., Limited, should stand surety for the administrators in the above Estate to the amount of Rs…………………….. I send herewith a bond No………………………………. for signature. I shall feel obliged if you will inForm me whether the signatory of the bond or if more than one, each of the signatories, is the authorised agent of the………………………………. Assurance Company, for the purpose of executing the proposed bond for Rs as it is only on that assumption that the bond is accepted.
I have the hoNour to be,
Sirs,
Your most obedient servant,
Registrar.
Form No. 11
[CHAPTERXXXV, RULE 17]
FromToThe Registrar,High Court, Original Side.
Calcutta, the…………………….. 20……..
Reply of Guarantee Society’s Agent
Sir,We return herewith the bond No………………………. and in reply to your enquiry, we have to state that its signature is duly authorised.
We have the hoNour to be,
Sir,
Your most obedient servant.
Form No. 12
[CHAPTER XXXV, RULE 24]
In The High Court At Calcutta
Testamentary and Intestate Jurisdiction
In the matter of the Petition of late of inhabitant, deceased.
Petitioner
and
(name, address, description and occupation)
Caveator
ToThe Registrar,Sir,Let Nothing be done in the matter of the estate of the abovenamed………………………….. late of…………………………. deceased, who died at……………………….. on or about the…………………. day of………………………… without due Notice to the abovenamed caveator.Dated this………………… day of………………………… 20………………………
Yours faithfully,
Advocate acting on the Original Side for the Caveator.
Form No. 13
[CHAPTER XXXV, RULE 24]
In The High Court At Calcutta
Testamentary and Intestate Jurisdiction
Re. Deceased.
Petitioner
Notice of a caveat
ToAdvocate acting on the Original Side for the petitioner.Take Notice that on the……………………………… day of………………………….. caveat was filed in my office in the above petition by………………………….
Yours faithfully,
Registrar
Calcutta High Court,Registrar’s Office:The……………. day of……………….. 20………….
Form No. 14
[CHAPTER XXXV, RULE 28]
In The High Court At Calcutta
Testamentary and Intestate Jurisdiction In the Goods of
To
Deceased.
Advocate acting on the Original Side for the petitioner in the above goods.
Notice of affidavit in support of caveat
Sir,Please take Notice that on the………………. day of………………… an affidavit in support of the caveat in the above goods was filed in the Registrar’s office by me on behalf of (name, description and address of the caveator) the caveator.
Yours faithfully,
(Signature)
Advocate acting on the Original Side for the Caveator
(Date)
Form No. 15
[CHAPTER XXXV, RULE 28A]
In the High Court at Calcutta
Testamentary and Intestate Jurisdiction
Testamentary Suit No……………….. of 20………………..
In the goods of
Deceased-Plaintiff.
versus
Defendant.
ToMr./Messrs……………………….. Advocate acting on the Original Side/ Advocates acting on the Original side for the Plaintiff.Take Notice that the Stamp Reporter, Original Side of this Court, has appointed the……………………………. day of…………………. instant/next at the hour of…………………….. o’clock in the foreNoon/afterNoon for assessment of the fee payable under the proviso to item No. 1(g) of Schedule II to the West Bengal Court-Fees Act, 1970, in the above suit and that you may attend before him if you so desire.
For Registrar.
Form No. 16
[CHAPTER XXXV, RULE 28A]
In The High Court At Calcutta
Testamentary and Intestate Jurisdiction
Testamentary Suit No……………………… of 20…………………..
In the goods of
Deceased-Plaintiff
versus
Defendant
ToMr. /Messrs…………………… Advocate acting on the Original Side/ Advocates acting on the Original Side for the Plaintiff.Whereas court-fees of Rs…………… have been found payable by you under the proviso to item No. 1(g) of Schedule II to the West Bengal Court-Fees Act, 1970, you are hereby required to pay the same within…………. day of………………. failing which the matter will be placed before the Court for necessary orders.
For Registrar.
Form No. 17
[CHAPTER XXXV, RULE 28A]
In The High Court At Calcutta
Testamentary and Intestate Jurisdiction
Testamentary Suit No………….. of 20…………
In the goods of
Deceased-Plaintiff
versus
Defendant
ToThe ad valorem fee payable under the proviso to item No. 1(g) of Schedule II to the West Bengal Court-Fees Act, 1970, amounting to Rs (Rupees only) has been paid.Dated the………….. day of……….. 20………..
Appendix MM
Form No. 1
[FORM OF NOTICE UNDER RULE 24, CHAPTER XXXVA]
In The High Court At Calcutta
In Matrimonial Jurisdiction
In Re: The Indian Divorce Act
(Act IV of 1869)
Between
A.B……………. Petitioner.
C.D……………. Respondent
&
X.Y Co-respondent.
ToA.B. the petitioner andTo………………his or her Advocate acting on the Original Side.Take Notice that on………….. day the day of at the hour of 11* The Court sits at 10-30 A.M. o’clock in the foreNoon or so soon thereafter as Counsel can be heard an application will be made on behalf of…………….. before the Hon’ble Mr. Justice……………. for an order that the Decree of Judicial separation passed on the……………. day of…………. be set aside and also for such other order as to the Court may seem fit.Dated this…………. day of…………. 20………..
Yours faithfully,
Advocate acting on the Original Side for the applicant.
Grounds :Petition of the applicant.
Form No. 2
[FORM OF CERTIFICATE UNDER RULE 30, CHAPTER XXXVA]
In The High Court At Calcutta
Matrimonial Jurisdiction
In Re : The Indian Divorce Act (Act IV of 1869)
Between
A.B…………… Petitioner.
C.D…………… Respondent.
X.Y…………… Co-respondent.
At the request of……………. Advocate acting on the Original Side for the petitioner I do hereby certify that six months have elapsed since the date of the decree nisi dated the……….. day of…………….. ; that up to the………… day of………… being within six days of the date appointed for the hearing of the application to make absolute the decree nisi, No person has intervened, or obtained leave to intervene, in the above cause; and that No appearance has been entered Nor any affidavits filed on behalf of any person wishing to show cause against the decree nisi being made absolute.Dated this………….. day of…………. 20………
Registrar.
Form No. 3
[ALTERNATIVE CERTIFICATE UNDER RULE 30, CHAPTER XXXVA]
At the request…………. of Advocate acting on the Original Side for the petitioner I do hereby certify that in respect of the decree nisi, dated the……….. day of 20……, (Name) intervened (or obtained leave to intervene) in the cause on the……….. day of……….. that an appearance was entered on the………… day of……….. and affidavits have been filed on behalf of…………… with a view to show cause against the decree nisi being made absolute (state if any other proceedings have been taken).Dated this………. day of………… 20……………
Registrar.
Form No. 4
[FORM OF SUMMONS UNDER RULE 31, CHAPTER XXXVA]
In The High Court At Calcutta
Matrimonial Jurisdiction
In Re : The Indian Divorce Act (Act IV of 1869)
Between
A.B………….. Petitioner.
C.D………….. Respondent.
X.Y………….. Co-respondent.
Let the Respondent/Petitioner above named attend before the Judge in Chambers on………… day of……….. at the hour of 11* The Court Now sits at 10-30 A.M. o’clock in the foreNoon on the hearing of an application on behalf of the Petitioner/ Respondent for an order that the Respondent/ Petitioner do pay to the Petitioner/ Respondent the sum of Rs………….. per month for alimony pendente lite and Rs………… for interim costs and for such further or other sums as may seem just and the said Respondent/Petitioner do pay to the Petitioner /Respondent her costs of and incidential to this application to be taxed by the Taxing Officer of this Court.Dated this…………. day of………… 20………….Applicant’s Advocate acting on the Original Side. Registrar.This summons was taken out by…………. the Advocate acting on the Original Side for the Petitioner/ Respondent.ToThe Respondent/Petitioner.To………………his Advocates acting on the Original Side.Grounds:Petition of the applicant verified by affidavit
Form No. 5
[FORM OF SUMMONS UNDER RULE 39, CHAPTER XXXVA]
In The High Court At Calcutta
Matrimonial Jurisdiction
In Re : The Indian Divorce Act (Act IV of 1869) Between
A.B…………. Petitioner.
C.D…………. Respondent.
X.Y…………. Co-respondent.
Let the parties concerned attend before the Judge in Chambers on the day of at the hour of 11* The Court Now site 10-30 A.M. o’clock in the foreNoon on the hearing of an application on the part of the Petitioner/Respondent for an order that the custody of the children of the marriage of the parties in the suit may be given to the applicant (and that the Respondent/ Petitioner do pay to the applicant Rs……….. a month for the maintenance of herself and for the maintenance and education of her minor children) and that the Respondent/ Petitioner do pay to the applicant her costs of and incidental to this application to be taxed by the Taxing Officer of this Court.Dated this………….. day of……….. 20…..Applicant’s Advocate acting on the Original Side.
Registrar.
This summons was taken out by the…………………… Advocate acting on the Original Side for the Petitioner/RespondentToThe Respondent/Petitioner.To…………………..his Advocates acting on the Original Side.Grounds:Petition of the applicant verified by affidavit sworn.
Appendix N
Form No. 1
(CHAPTER XXXVII, RULE 31)
In The High Court At Calcutta
Ordinary Original Criminal Jurisdiction
The President of India
To the Officer in charge of the (Name of jail)
Warrant
You are hereby required to have the body of A.B., Now a prisoner in the (name of jail), under safe and sure conduct, before the High Court, on its Original Side, on the………… day of………….. next, by……….. of the clock in the………….. Noon of the same day, for the purpose of being bailed, and unless the said A.B. shall then and there be bailed, and by the said Court ordered to be released from custody, cause him, after the said Court shall have dispensed with his further attendance, to be conveyed under safe and sure conduct, back to the said jail.Dated this………….. day of…………. 20………
Registrar.
(or Clerk of the State)
Form No. 2
(CHAPTER XXXVIII, RULE 14)
In The High Court At Calcutta
Ordinary Original Criminal Jurisdiction
The President of India
To the officer in charge of (name of jail or lunatic asylum, or other place where the person is detained in custody) or to (name of person)
Warrant
You are hereby required to have the body of B. C, Now a prisoner in your custody (or Now in your custody) before the High Court, on its Original Side on the………… day of………… next, by………. of the clock in the foreNoon of the same day to be dealt with according to law and you shall then and there abide by such order as shall in that behalf be made by the said Court (if the prisoner is detained in public custody add) and unless the said B. C. shall then and there, by the said Court, be ordered to be released, you shall, after the said Court shall have dispensed with his further attendance, cause him to be conveyed, under safe and sure conduct, back to the said jail (or asylum or other place of custody).Dated this…………. day of…………. 20…….
Registrar.
(or Clerk of the State)
Form No. 3
(CHAPTER XXXVIII, RULE 14)
In The High Court At Calcutta
Ordinary Original Criminal Jurisdiction
The President of India
Warrant
To the officer in charge of the (name of jail), or of the (name of asylum), or to (name of officer) in charge of B.C., an alleged lunatic.You are hereby required to have the body of B.C., Now a prisoner in the (name of jail) or Now in Custody at the (name of asylum) or Now in your charge, .under safe and sure conduct before the High Court, on its Original Side, on the…………… day of………….. next, by………………. of the clock in the foreNoon of the same day there to be dealt with according to law, and unless the said B.C., shall then and there by the said Court be ordered to be discharged, cause him, after the said Court shall have dispensed with his further attendance, to be conveyed under safe and sure conduct, back to the said j ail (or asylum or other custody).Dated this………… day of…………… 20………..
Registrar.
(or Clerk of the State)
Form No. 4
[CHAPTER XXXVIII, RULE 14]
In The High Court At Calcutta
Ordinary Original Criminal Jurisdiction
The President of India
To the officer in charge of the (name of jail)
Warrant
You are hereby required to have the body of B. C., Now a prisoner in the (name of jail), under safe and sure conduct, before the High Court, on its Original Side, on the……….. day of……….. next, by………… of………….. the clock in the foreNoon of the same day, there to give testimony in a certain. charge or prosecution Now pending before the said Court against D.E. and after the said B.C., shall then and there have given his testimony before the said Court, or the said Court shall have dispensed with his further attendance, cause him to be conveyed, under safe and sure conduct, back to the said (name of jail).Dated this………… day of……….. 20………..
Registrar.
(or Clerk of the State)
Form No. 5
[CHAPTER XXXVIII, RULE 14]
In The High Court At Calcutta
Ordinary Original Criminal Jurisdiction
The President of India
To the officer in charge of the (name of jail)
Warrant
You are hereby required to have the body of B. C., Now a prisoner in the (name of jail), under safe and sure conduct, before the officers assembled at a Court-martial (or before the Commissioners acting under the authority of a commission from the Government), at……… on the…………. day of…………. next, by…………… of the clock, in the foreNoon of the same day, for the trial of the said B.C. (or there to give testimony in a certain trial Now pending before the said Court-martial, or the said Commissioners against D.E. or as the case may be), and after the trial of the said B.C., or after the said B.C. shall then and there have given his testimony before the said Court-martial (or the said Commissioners) or the said Court-martial (or the said Commissioners) shall have dispensed with his further attendance, cause him to be conveyed, under safe and sure conduct, back to the said (name of jail).Dated this………. day of………….. 20…..
Registrar.
(or Clerk of the State)
Form No. 6
[CHAPTER XXXVIII, RULE 14]
In The High Court At Calcutta
Ordinary Original Criminal Jurisdiction
The President of India
To the officer in charge (name of jail)
Warrant
You are hereby required to cause the body of B.C., Now a prisoner in the (name of jail) to be conveyed, under safe and sure conduct, to the jail at…………….. and on or before the………. day of………….. made over to the offiCer in charge of such jail, to be by him there kept in intermediate custody for the purpose of trial before the High Court in the exercise of Original Criminal Jurisdiction at its next sittings to be held at (name of place).Dated this…………….. day of………… 20………
Registrar.
(or Clerk of the State)
Appendix NA
Form No. 1
[CHAPTER XXXVIIC, RULE 5]
In The High Court At Calcutta
(Criminal Appellate Jurisdiction)
The…………….. 20………
Present
Chief Justice/Judge
| THE HON’BLEAND THE HON’BLE |
One/two of the Judges of his Court. In the matter of an application in Criminal Appeal No………….. of 20…………………../ under Article 132(1) or 134(1)(c) of the Constitution of India (or under any other provision of law)/ under Section 411A of the Code of Criminal Procedure, 1898. |
Appellant to the Supreme Court
Versus
Respondent to the Supreme Court.
The Court, on its own motion/on consideration of an application in this regard, having determined that a certificate of the nature referred to in clause (1) of Article 132/clause (1)(c) of Article 134 of the Constitution of India/under Section 411A(4) of the Code of Criminal Procedure, 1898 should be given for further appeal to the Supreme Court from the judgment, final order or sentence of the said High Court dated the……………It is certified……………… that the case involves a substantial question of law as to the interpretation of the Constitution………….
or
that the case is a fit one for further appeal to the Supreme Court.Registrar
Chief Justice/Judge.
Judge.
Deputy Registrar.N.B. Delete the portion which is Not necessary.
Form No. 2
[CHAPTER XXXVIIC, RULE 8]
In The High Court At Calcutta
(in Appeal from its Original Criminal Jurisdiction)
- R. Appeal No……………. of 20…….
(Appellant to Supreme Court)
Vs.
(Respondent to Supreme Court)
Certificate as to service of the Notice under Order XXI, Rules 11 and 15 of S.C. Rules
ToThe Registrar,Supreme Court, New Delhi.I do hereby certify that Notices under Order XXI, Rule of………… the Supreme Court Rules, 1966, as received from you relating to the above appeal have been served on the Respondents/ Lawyers for the Respondents……………. on the………….. day of…………. in the manner prescribed in the Rules of this Court.Dated this…………. day of………… 20………
Registrar, Original Side.
Form No. 3
[CHAPTER XXXVIIC, RULE 8]
In The High Court At Calcutta
(in Appeal from its Original Criminal Jurisdiction)
Cr. Appeal No………… of 20……….
(Appellant to Supreme Court)
Vs.
(Respondent to Supreme Court)
Certificate as to Non-service of the Notice under Order XXI, Rules 11 and 15 of S.C. Rules
ToThe Registrar,Supreme Court, New Delhi.I do hereby certify that Notices under Order XXI, Rule………… of the Supreme Court Rules, 1966, as received from you relating to the above appeal could Not be served on the Respondents/ Lawyers or the Respondent………………. (state the reason)The said Notices as received from you is returned herewith.
Registrar, Original Side.
Appendix NN
In The High Court At Calcutta
………………….Jurisdiction
Letter of Request
No…………. of 20…………
Plaintiff/Appellant/Petitioner
Vs.
Defendant / Respondent
ToThe Speaker of the House of the People/The Chairman of the Council of States, Parliament House, New Delhi Speaker of…………. Legislative Assembly/Chairman Legislative Council/Chairman of the Committee of………….Sir,It having been represented to this Court that (i) the production of under-mentioned documents(s) is necessary for the purpose of justice and for the determination of the matters in dispute between the parties in the aboveNoted case and it appearing that the said document(s) is in the custody of…………… and also that (ii) the evidence of…………. an officer in the Secretariat of…………. (or any duly inFormed officer in the Secretariat of the House), as a witness in the above proceeding is required in regard to the matters Noted below, I am directed to request that you will (a) arrange to send the document(s)/certified copy(ies) of the document(s), so as to reach this Court on or before the…………… by registered post with ackNowledgment due or through an officer in the Secretariat of the House and (b) direct the said officer to appear before this Court at A.M, on…………1. Particulars of the documents(s) to be produced.2. Matter in regard to which evidence is required.
Yours faithfully,
Registrar
Appendix O
Order of His Majesty in Council, dated 7th August 1905, by which the Colonial Solicitors Act, 1900, is made applicable to Solicitors of this Court
At the Court of St. James
The 7th day of August 1905
Present:
The King’s most Excellent Majesty
His Royal Highness the Prince of Wales
Lord President
Earl of Kintore
Sir Francis Bertie
Whereas, by the Colonial Solicitors Act, 1900, it is enacted that where as respects a Superior Court in a British Possession, His Majesty the King in Council is satisfied on the report of a Secretary of State:
(a) that the regulations respecting the admission of persons to be Solicitors of the Superior Court are such as to secure that those Solicitors possess proper qualifications and competency; and
(b) that by the law of the British Possession the Solicitors of the Supreme Court will be admitted to be Solicitors of the Superior Court in the Possession on terms as favourable as those on which it is proposed to admit Solicitors of that Superior Court in pursuance of the said Act to be Solicitors of the Supreme Court;
His Majesty in Council may order that the said Act shall apply and the same shall accordingly apply to the said Superior Court and British Possession, subject to any exceptions, conditions, and modifications specified in the order:And whereas by the said Act it is further provided that His Majesty in Council by the same or any subsequent order may as respects the Court and British Possession named in the order provide for all matters authorised by the said Act to be prescribed, and for all matters appearing to His Majesty to be necessary or proper for giving effect to the order and to the said Act and that an order in Council applying the Act to Court in a British Possession may provide that Solicitors of that Court may be admitted by virtue of the said Act to be Solicitors in any part of the United Kingdom, namely, England, Scotland, or Ireland, or in two or one of those parts only:And whereas application has been made by the Government of India that the said Act may be applied to the High Court of Judicature at Fort William in Bengal and to the Province of Bengal:And whereas His Majesty in Council on the report of the Secretary of State for India in Council is satisfied that the regulations respecting the admission of persons to be Solicitors of the High Court of Judicature at Fort William in Bengal, are such as to secure that those Solicitors possess proper qualifications and competency and that by the law of the Province of Bengal the Solicitors of the Supreme Court in England will be admitted to be Solicitors of the High Court of Judicature at Fort William in Bengal, on terms as favourable as those on which it is proposed to admit Solicitors of that Court in pursuance of the said Act to be Solicitors of the Supreme Court:Now, therefore, his Majesty in pursuance of the said recited Act and in execution of the powers thereby in His Majesty vested, is pleased by and with the advice of His Privy Council, to order and it is hereby ordered that the Colonial Solicitors Act, 1900, shall apply to the High Court of Judicature at Fort William in Bengal and to the Province of Bengal, and that Solicitors of the High Court of Judicature at Fort William in Bengal may be admitted by virtue of the said Act to be Solicitors in England subject to the conditions hereinafter specified.(1) A Solicitor of the High Court of Judicature at Fort William in Bengal (hereinafter called the applicant) who, having been in practise before such Court for Not less than three years is desirous of being admitted to be a Solicitor of the Supreme Court in England, shall be a male British subject.(2) The applicant shall, four calendar months at least before the first day of the month in which he proposes to be admitted, leave with the Registrar or Solicitors, his original certificate of admission in the High Court of Judicature at Fort William in Bengal, together with-
(a) a certificate from the authority of the Province of Bengal in whose custody the roll of the Solicitors of the said Court is kept stating that his name is still upon the roll and has never been removed therefrom and that No order has ever been made directing him to be suspended from practising his profession;
(b) one or more certificates of fitness and character signed by two resident practising Solicitors of at least five year’s standing in the said Court and by at least one of the Judges or officers next in rank of such Court;
(c) a statutory declaration in terms of or to the effect of that set out in the Schedule (A) hereunto annexed.
(3) The leaving of the before-mentioned documents shall be equivalent to Notice of intention to apply for admission within the meaning of the Acts regulating the admission of Solicitors in England.(4) A certificate under the hand of the Registrar of Solicitors that the applicant has complied with the provisions of the Colonial Solicitors Act, 1900, and of this order, shall be equivalent to the certificate of his having passed the Final Examination required in England.(5) The application for admission to be a Solicitor in England shall be made to the Master of the Rolls.(6) The applicant in England shall Not be required to pass any examination either before or after making such application.(7) The admission of the applicant as a Solicitor in England shall be stamped with the stamps required to be impressed on the admission of Solicitors in England and shall be impressed with such further stamp as shall, together with the amount of stamps paid on articles of clerkship and admission in the province of Bengal (such amount being certified by a Judge of the High Court of Judicature at Fort William in Bengal, in the Form set out in the Schedule (B) hereunto annexed) be equal in amount to the sum payable on Articles of Clerkship in England.(8) The following fee shall be paid by the applicant:To the Law Society
| £ | s. | d. | |
| Before entering his name on the Roll of Solicitors | 5 | 0 | 0 |
| A. W. Fitzroy. | |||
Schedule A
In the matter of the Colonial Solicitors Act, 1900,
and
In the matter ofI…………… in the Province of Bengal, do solemnly and sincerely declare as follows:1. I am a male British subject.2. I was on the…………….. day of………….. admitted a Solicitor of the High Court of Judicature at For William in Bengal, and I have been in practise before such Court for Not less than three years. My name remains on the Roll of the said Court, and I have Not at any time been suspended from practise by the Court or by any Judge thereof, Nor are any proceedings pending to strike my name off the said Roll or to suspend me from practise. I beg to refer to the certificate of…………….. marked “A” Now produced to me in proof of the statements in this paragraph.3. I have Not been bankrupt or insolvent Nor have I made a composition or arrangement with my creditors. (If this is Not the case, state the facts with dates, and show that a complete discharge has been obtained.)4. The document Now produced and shown to me and marked with the letter “B” is my original certificate of admission in the said Court, and the documents Now produced and shown to me and marked respectively with the letters “C” and “D” are respectively certificates of character and as to my fitness to be admitted a Solicitor of Supreme Court in England, signed respectively by………… one of the Judges of the said Court (if Not a Judge state his rank) and by………… of………. and………… of………… two practising Solicitors of the said Court of at least five years’ standing.And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act, 1835.
Schedule B
I (name and style of Judge) do hereby certify that the amount of stamps paid on Articles of Clerkship when (name and style of applicant) was articled was the sum of £…….., and our admission when he was admitted to practise the Sum of £……….. (To be signed and attested).
Appendix P
Office Rules as to Shorthand Transcripts of Evidence
[These office rules were framed and put into force in November 1916 when shorthand-writers were sanctioned. See Rule 13 of Chapter IV; Rule 1 of Chapter XIV; Rule 14 of Chapter XXXII; Rules 46, 48 and 49 of Chapter XXXVI; and items 41 and 54 in the Table of Fees, Rules 74 of Chapter XXXVI. The last sentence of Rule 1, and Rules 6A, 8, 9 and 10 were added on the February, 1930]1. The Notice to be given by a party under Ch. XIV, rule IA, shall be by requisition in writing stating how many copies of transcripts of the depositions of the witnesses are required, and this requisition shall be handed to the senior Recording Officer (Court) in attendance. Printed Forms of requisition shall be available in Court for this purpose.2. The Recording Officers (Court) shall in turn record evidence in the Form of question and answer. Judgments and other proceedings shall be recorded verbatim or otherwise as the Judge may direct.3. When transcribing the shorthand Notes of evidence, in addition to the original transcript for the Court record, there shall be made, in all defended cases, one carbon copy for the use of the Judge and a sufficient number of other carbon copies to provide the copies (if any) bespoken by the parties.4. Each Recording Officer (Court), shall read over and initial each page and sign the last page of each portion of the original transcript made from his Notes and shall be responsible for the correctness thereof.5. The pages of the transcript of the depositions of each witness shall be numbered seriatim, and No portion of the transcript shall be delivered out until the pages have been so numbered.6. Upon the typing o mf any portion of the transcript being completed and the pages numbered as required by rule 5, the folios shall be counted by one of the typists attached to the Recording Officers (Court) and the number of folios shall be marked on the back of the original and of all the copy transcripts; the original transcript and the copy for the use of the Judge shall be sent at once to the Court Clerk; and the copies intended for the parties, together with the requisition, to the Punching Clerk; receipts therefor being obtained in a book to be kept for the purpose.6A. That Notwithstanding the provisions of Rule 1 A of Chapter XIV of the Original Side Rules the transcript of all depositions shall (save in instances where the Registrar shall sanction a special extension of time) be completed and the copies (if any) bespoken by the parties made ready for delivery on the evening of the day the evidence shall be recorded, unless such day be a Friday, in which case the transcript shall be ready for delivery at 10-30 the following morning.7. The Punching Clerk shall deliver the copy transcript to the party who has bespoken the same upon receiving a requisition stamped with Court-fee stamps of the value prescribed. The Punching Clerk, if so desired, shall hand out the original requisition for the purpose of having the prescribed stamps affixed thereto.8. After Notice has been given all transcript copies made thereunder will be charged for irrespective of whether they are taken delivery of or Not, unless Notice is given in writing, before the transcription of the portion proposed to be cancelled has commenced the transcript copies will Not be required thereafter.9. Payment of the prescribed fees should be realized at the time of the delivery of the transcript copies as provided in Rule 6. Should Court-fee stamps be Not available at the time of delivery, the transcript fees must be furnished within one hour of the stamps being next available and in default of being so furnished, further transcript copies shall Not be made for or supplied to the defaulting party or Advocate acting on the Original Side.10. The Triplicate voucher-book used in Shorthand Writers Department should be amended by providing for space for inserting date of recording evidence.Appendices) Forms & Miscellaneous Matters 533
Appendix Q
Rules of the Local Government, under Section 27 of the Court Fees Act, 1870, for Regulating the supply, etc., of stamps, Dated 9th May 1870.
The following rules for regulating the supply, number, and keeping accounts of stamps to be used in the High Court of Judicature at Fort William in Bengal in the exercise of original jurisdiction, under section 3 of the Court Fees Act, 1870, are made by the Lieutenant-GoverNor of Bengal, with the concurrence of the Chief Justice of the said High Court of Judicature, and are published for general inFormation, as provided by section 27 of the Court Fees Act, 1870.1. Stamps of the values specified to be supplied. -Stamps of the values Noted in the margin being required for the purposes of the Court, shall be supplied by the Collector of Calcutta in the same manner as all other stamps, either from his office direct, or through the licensed vendors; the Collector indenting on the Superintendent of Stamps, in whose charge the reserve stock of such stamps shall be kept.
| Rs. | A. | Rs. | A.. | Rs. | A. |
| 0 | 1 | 2 | 0 | 10 | 0 |
| 0 | 2 | 3 | 0 | 20 | 0 |
| 0 | 3 | 4 | 0 | 25 | 0 |
| 0 | 4 | 5 | 0 | 30 | 0 |
| 0 | 6 | 6 | 0 | 40 | 0 |
| 0 | 8 | 7 | 0 | 50 | 0 |
| 0 | 12 | 8 | 0 | 100 | 0 |
| 1 | 0 | 9 | 0 |
- Provision for sale of stamps.– Until the Courts and offices are brought into one building, two Government stamp vendors shall be in attendance, one at the Courts’ office, and the other at the place at which the sittings of the Courts of Original Jurisdiction shall be held.3. Number of stamps.– The stamp affixed to a document shall be of an amount corresponding, as nearly as practicable, with the amount of the stamps which such document requires, in order that No greater number of stamps may be affixed to any document than is actually necessary.4. Register to be kept. – A register shall be kept in each cause or matter, in which shall be entered the name of the cause or matter, and the description of every document or other matter in respect of which any fee.is paid by stamp or stamps, and the value of the stamp or stamps used, and the name of the Advocate acting on the Original Side or firm or person by whom stamps were produced.
Rules for the use of Stamps when the fee is payable by Government
- Service stamps.– Stamp with the worn “service” shall be made available for the payment of the fees of the Court which are Now paid by the Government solicitor, or drawn in the contingent bill of the Court.6. When to be used.– Service stamps shall be used in all cases in which the fee is payable by Government, and shall be affixed by the examiner of stamps or his assistants.7. To be entered in register under a separate head. – Service stamps shall be entered in the daily register under the head “service,” “solicitor to Government,” or “crown office” respectively, instead of the name of the Advocate acting on the Original Side in the cause, and shall be posted up accordingly.8. Mode of procuring service stamps. – Officers of the High Court, requiring such stamps, will purchase the number required, paying for the same in cash, and will draw the amount in the contingent bill. A receipt for the amount, to be given by the Collector of Stamps, will serve as a voucher for the charge to be made in the contingent bill.9. Account of service stamps to be rendered to and checked by Taxing Officer. – The officers who shall obtain service stamps, shall, at the commencement of each month, file with the Taxing Officer a statement, showing the amount used, and the balance in hand. And it shall be the duty of the Taxing Officer to check every such statement by comparison with the ledger account.-Calcutta Gazette, 11th May 1870, p. 1073.
