SINDH HIGH COURT ORIGINAL SIDE RULES
SINDH HIGH COURT RULES AND FORMS ON THE ORIGINAL SIDE
IN ITS
SEVERAL JURISDICTIONS
Compiled by
Ghulam Mustafa Channa
Additional Registrar (Research)
The principal seat of the High Court of Sindh is at Karachi with a Bench at Sukkur and Circuit Court at Hyderabad and Larkana.
CONTENTS
(ON THE ORIGINAL SIDE)
PART I
G E N E R A L
CHAPTER I
Preliminary
1. Short title 1
2. Commencement and repeal 1
3. Interpretation 1
4. Computation of time 2
5. Service of notice 2
6. Use of forms in appendices 2
7. Alteration, etc. of rules in First Schedule to the Code 2
CHAPTER II
Exercise of original Civil Jurisdiction
8. Holding of Court on Original Side 3
9. Jurisdiction to be exercised by a Judge 3
10. Reference to two or more Judges 3
11. Distribution of business 3
12. Disposal of miscellaneous matters 3
13. Definition of miscellaneous matters 3
14. Disposal of applications by Additional Registrar (O.S.) 5
15. Appeal from the Additional Registrar to a Judge 9
16. Date to be fixed for hearing reference in Court 10
17. Costs of proceedings before Additional Registrar (O.S.) 10
18. Additional Registrar (A.S.) to dispose of business in absence of Additional Registrar (O.S.) 10
19. Disposal of applications by the Deputy Registrar 10
CHAPTER III
The Original Side Office
Dates and Cause-lists
20. Additional Registrar (O.S.) to fix dates on every Saturday 11
21. Day for short causes 11
22. What are short causes 11
23. Transfer of short causes to long causes 12
24. Days for execution proceedings, etc 12
25. Fixing of dates for final disposal 13
26. Cases to be brought to trial in order of their age 13
27. On order of transfer of Small Causes courts suit being made, Additional Registrar (O.S.) to send for records 14
28. Cause List 14
29. General Cause List Book 15
30. Sealing of summons, order, etc 15
31. Duties of Assistant Registrar 15
32. Registers 16
33. Arrangement of record in pending matters 16
34. Contents of each file 17
35. Binding and title page 18
36. One file in miscellaneous applications 18
37. Diaries 18
38. Order sheet 18
39. Removal of record from Court-house 19
PART II
PROCEDURE ON THE ORIGINAL SIDE
CHAPTER IV
General Practice and Procedure
Form of Proceedings
40. Proceedings how written 19
Cause title 19
Paragraphs 19
Dates 19
Application for translation of vernacular documents 19
41 Names etc., parties 20
42. Authority to be stated 20
43. Draftsman‘s endorsement 20
44. Particulars to be stated in address for service 21
45. Initialing alteration, etc 21
Vakalatnama
46. Form of Vakalatnama 21
47. Execution and attestation of Vakalatnama 21
48. Endorsement on VakaIatnama 21
49. Notice of change of advocate 22
50. Notice of discharge to a client 22
51. Advocate-General and Government Pleader not to file Vakalatnama 22
Affidavits
52. Ex-officio Commissioners 22
53. Title 22
54. Form 22
55. Deponent’s description 23
56. Endorsement should state on whose behalf filed 23
57. Source of information to be disclosed 23
58. Affidavit stating matter of opinion 23
59. Scandalous matters 24
60. Alterations and interlineations 24
61. Attestation fee 24
62. Affidavit how taken outside Court House 24
63. Reading of contents of affidavit to deponent 24
64. Endorsement of the Commissioner 25
65. Identification of deponent 25
66. Pardanashin woman 25
67. Every exhibit to be initialed and dated 26
68. Form of certificates 26
69. What affidavit shall not be used in evidence 26
70. Use of defective affidavit 26
71. Special time for filing affidavit 26
72. Proof on affidavits 26
Introductory Proceedings
73. Form 27
74. Contents thereof 27
75. Counter-Affidavits, etc. 27
76. Procedure in applying for interim relief 28
Receivers
77. Application for appointment of receiver to be by petition supported by affidavit 28
78. Form of order of appointment 28
79. Register of receivers 28
80. Receiver other than Official Receiver to give security 29
81. Surety may point out omission or neglect of duty cast on receiver 29
82. Notice to surety of application affecting surety’s risk 29
83. Powers of a receiver 29
84. Receiver’s remuneration 30
85. Establishment and costs thereof to be detailed in the appointment order 30
86. No charge for additional establishment allowed 30
87. Receiver to file half-yearly accounts 30
88. Account to show balance in hand and how much may be paid into Court etc., to be filed with affidavit. Form of affidavit 30
89. Examining and vouching of accounts by officers 30
90. Appointment for passing accounts – Notice thereof 31
91. Objections to report to be filed 31
92. Passing of accounts by Court 31
93. Procedure as to hearing of objections 31
94. Auditing of difficult and complicated accounts 31
95. Order as to payment of balance 32
96. Consequence of receiver’s negligence to file accounts or pay the balance, etc 32
97. Consequence of default by receiver 32
98. Rule 84 applicable to manager or guardian 32
99. Interim receiver 32
Security Procedure
100. Security Summons 33
101. Production to title deeds, affidavit of justification examination 33
102. Contents of affidavit of justification 34
103. More than two sureties irregular 34
104. Property in respect of which a surety may justify 34
105. Who are not competent sureties 34
106. Who may be present at the examination 34
107. Reference to Court 34
108. Security for costs 35
109. Custody of securities and security bonds 35
Miscellaneous
110. Urgent motions 35
111. Oral motions 35
112. Urgent matters 35
113. Only one advocate to be heard for a party 35
113-A Notice of proceedings to Advocate-General 35
CHAPTER V
Institution of Proceedings
114. Appearance by agent 36
115. Leave to verify 36
116. Suit against corporation or a firm 36
117. Copies to be filed of applications, etc 37
118. Presentation of proceedings on Original Side 37
119. Examination of proceedings 37
Return if not in order 37
120. Admission of plaints 38
121. Plaint liable to be rejected to be submitted to Judge hearing miscellaneous matters 38
122. Admission or rejection of execution application 38
123. Notice to the other party 38
124. Registration of proceedings admitted 39
125. Ex-parte amendments 39
126. Amendments how to be made 39
127. Attestation of amendment 39
CHAPTER VI
Processes
128. Time for payment of process fee and consequence of non-payment 39
129. Restoration 40
130. Fresh plaint 40
131. Parties or their advocates may file processes duly filed up 40
132. When process fee not to be levied 40
133. Full address to be given to person on whom process to be served 41
134. Process for service on persons of rank and gazetted officers 41
135. Summons for final disposal and settlement of issues 41
136. Returnable date of summons 41
137. Processes to be served or executed within Jurisdiction to be addressed to Nazir 41
138. Endorsement on process for service outside
jurisdiction 42
139. Process to be served without identification by party 42
140. Endorsement of identifier on the original process 42
141. Procedure where defendant refuses to accept service or cannot be found 42
142. Return of service 43
143. Service by affixing to outer door 43
144. Notice where summons is affixed to outer door 44
145. Inquiry as to sufficiency of service 44
146. Fresh process not to issue until previous one returned 44
147. Acts of Additional Registrar to be effectual as acts of Court 44
CHAPTER VII
Suits by or against Minors and Persons of Unsound Mind
148. Admission of next friend to bring a suit.
Order unnecessary 44
149. Next friend to file address for service 45
150. List of all likely guardians ad item to be filed 45
151. Address for service of the Court appointed guardian ad-item 45
152. Duty of the Officer of the Court appointed guardian ad litem 46
153. Application of rules 148 to 152 to persons or unsound mind and to appeals and applications 46
CHAPTER VIII
Appearance by Defendant – Written Statement – Counter Claim
154. Hearing of applications 46
155. In default of appearance by defendant suit to be posted on short cause day 46
156. Procedure when defendant appears 47
157. Ordinarily one extension allowed for filing W.S. 47
158. Procedure where no written statement filed by any defendant 47
159. Procedure if written statement not filed by Some of the defendants 47
Service of copies of written statement and list of documents on the other side 48
Set off
161. Court may disallow set-off 48
Counter Claim
162. Counter claim by defendant 48
163. Counter claim 48
164. Reply to counter claim 49
165. Excluding counter claim 49
166. Proceeding with counter claim where action stayed 49
167. O. XX, R. 19 to apply to decree in such suits 49
CHAPTER IX
Third Party Procedure
168. Third party notice 49
169. Effect of notice 50
170. Appearance of third party – default of 50
171. Procedure on default before trial 50
172. Third party directions 50
173. At trial 51
174. Costs 52
175. Fourth and subsequent parties 52
176. Defendant claiming against co-defendant 52
CHAPTER X
Summary Suits
177. Written statement 53
178. On default by defendant suit to be set down forthwith 53
179. Ex-parte order may be set aside on application 53
180. Judgment for part of claim 53
CHAPTER XI
Commercial Suits
181. Where one defendant has good defence but other not 54
182. What are commercial causes 54
183. Plaint in such suits to be marked “commercial suits” 54
184. Setting down of Commercial suits 54
185. Decision of Commercial Judge may by consent be final 54
CHAPTER XII
Alternate Dispute Resolution
186. Definition 55 187. Reference by Courts 56
188. Reference by Parties 58
189. Qualification of persons/organizations for appointment as mediator / conciliator 59
190. Panel of mediators / conciliators 60
191. Duty of mediator/conciliator to disclose certain facts 61
192. Cancellation of appointment 61
193. Procedure of Mediation 62
194. Mediator/conciliator not bound by Qanun-e-Shahadat Order 1984 or Code of Civil Procedure, 1908 64
195. Non-attendance of parties at sessions or meetings on due dates 64
196. Administrative Assistance 65
197. Offer of settlement by parties 65
198. Role of Mediator/Conciliator 66
199. Representation of Parties 66
200. Confidentiality, disclosure and in-admissibility of information 67
201. Privacy 68
202. Immunity 69
203. Communication between mediator/conciliator 69 and the Court
204. Settlement / Agreement 70
205. Court to fix a date for recording 71 settlement and passing decree
206. Fee of Mediator / Conciliator and cost 72
207. Ethics to be followed by the Mediator/Conciliator 73
CHAPTER XIII
Directions
215. Setting down for directions 69
216. Any party may apply for directions at the hearing 69
217 Subsequent application must be by petition to Court 69
218. Costs of subsequent application 69
219. Appeal from Additional Registrar to a Judge 70
Discovery
220. Agent may make affidavit of documents when none of the parties reside in Karachi 70
221. Procedure where the affidavit is required to be made by the absent parties 70
Issues
222. Date for settlement of issues by Court 70
CHAPTER XIV
Commissions
COMMISSIONS FOR EXAMINATION OF WITNESSES
223. Parties to notify commission 71
224. Commission on interrogatories 71
225. Commission for viva voce examination 71
226. Final hearing may by fixed after return of commission 72
227. Preparation etc., of commission 72
228. Commission executed by Official Commissioner 72
229. Examination de bene esse 72
COMMISSIONS FOR TAKING ACCOUNTS AND FOR LOCAL INVESTIGATIONS AND PARTITION OF IMMOVABLE PROPERTY
230. Official Commissioner to execute Commissions for accounts 72
231. Additional Registrar, (O.S.) to send necessary proceedings to Commissioner 72
232. Commission for taking accounts how executed 73
233. Deposit of commission fees 74
234. Return of commission 74
235. Procedure in examination of witnesses 75
236. Deposition to be read over to and signed by the witness 75
237. Notice of filing of report. Filling objections thereto 75
CHAPTER XV
Witnesses
238. Summon to witnesses 76
239. Summoning public officers as witnesses 76
240. Summoning Finger Print expect 76
241. Payment of expenses to witnesses who are public officers 77
242. Payment of expenses to other witnesses and issue of certificates to Railway servants 78
243. Re-attendance of witnesses on adjourned hearing 78
PRODUCTION OF PUBLIC DOCUMENTS
244. Production of public documents 78
245. Return of original public record after its production in evidence 79
246. Power of Courts to summon public records suo motu 79
CHAPTER XVI
Adjournments
247. Adjournments to be a day certain 79
248. Adjournment granted only on good cause 79
249. Costs of adjournment 80
250. Notice of antedating of hearing 80
CHAPTER XVII
Originating Summons
251. Who may take out originating summons and in respect of what matters 80
252. Order for administration of estate or of the trust 81
253. Persons to be served with summons 81
254. Vendor or purchaser may take out summons 82
255. Persons to be served with such summons 83
256. Mortgagee or mortgagor may take out such summons 83
257. When may a partner take out such summons 83
258. Persons interested under will, etc., may take out such summons 83
259. Court not bound to determine question of construction 83
260. Persons to be served with such summons 84
261. Service on other persons by direction 84
262. Plaint and document along to be filed 84
263. O.S. plaint how to be marked 84
264. Service of originating summons 84
265. Returnable date of originating summons 84
266. Entry of appearance 85
267. When may be supported by evidence 85
268. What may be done on bearing originating summons 85
269. Costs in originating summons 85
270. Order made on originating summons to be drawn up as decree of Court 86
271. Direction as to carriage or execution of decree 86
272. Subsequent summons about same estate 86
273. O.II, R.2 of the Code not to apply to plaints filed in support of originating summons 86
274. When costs of originating summons shall be allowed in a suit 86
CHAPTER XVIII
Proceedings at the hearing of Suit, and up to and inclusive of decrees
275. Evidence, how taken 86
276. Any particular question and answer may be taken down 87
277. Question objected to and allowed by Court 87
278. Remarks on demeanour of witnesses 87
279. Assistant Registrar to bring to Judge’s erasure, etc., and documents tendered in evidence 87
280. Exhibits how marked 87
281. Numbering lines of depositions, etc 87
282. Proceedings in another suit, how put in evidence 88
283. Witnesses not to be present in Court during hearing of the suit 88
284. Exhibits to be officially translated 88
285. No compromise without leave of Court in pauper suits 88
286. Judgment how delivered 88
287. Written judgment of two or more Judges how pronounced 88
288. Payment of costs a condition president in order for withdrawal 89
289. Setting of draft of decree 89
290. Directions under Rule 260(3) and (4) liable to be refereed to Court 89
291. Date of signing decree to be also endorsed 90
292. Copies of decrees to Collector Certificate under S. II, Court Fees Act to be sent to Collector 90
293. Errors how rectified after decree sealed 90
CHAPTER XIX
Taxation of Costs
294. What bills of costs are to be taxed by the Deputy Registrar 90
295. Time for filing bill of costs 91
296. Receipt and advocate’s certificate to accompany bill of costs 91
297. Notice for taxation 91
298. What expenses of witnesses may be included in costs 91
299. Condition for taxing expenses of copies of documents 91
300 Taxation of costs 91
301. Review of taxation only on notice to the opposite side 93
302. No review of taxation of costs if bill of costs not filed in time 93
303. What costs allowed after taxation 93
304. Meaning of “proportionate costs” 93
305. Application to Court for review of taxation 93
306. Hearing of such application 93
CHAPTER XX
Arbitration
Proceedings under Chapters Ill and IV of the Arbitration Act, 1940
307. Proceedings under Chapters Ill and IV how entitled 94
SPECIAL CASE
308. Form 94
309. Special case to be forwarded to Additional Registrar (O.S.)
Hearing in Court 94
Awards
310. Form of award 95
Award in form of special case
311. Award how filed in Court 95
312. Service of notice of filing of award in Court 96
313. Form of application to modify, correct or set aside award 96
Interim Orders
314. Applications for interim orders to be by interlocutory applications 96
315. Service of notice of interim order on opposite party 97
Application
316. Form of other applications under the Act and their registration 97
317. Notice to persons concerned 98
Stay of Proceedings
318. Title of applications, etc., under section 34 98
Notice to issue before ordering stay of proceedings
Fees
319. Advocates’ fees 98
General
320. Notice of an appointment of arbitrator 98
321. Mode of service of notices 98
322. Award includes interim award 99
RECOGNITION AND ENFORCEMENT (ARBITRATION AGREEMENTS AND FOREIGN ARBITRAL AWARDS)
323. Title of applications, etc 99
324. Applications for stay of Arbitration Proceedings to be disposed of as miscellaneous matters 99
325. Contents of petition 99
326. Stay of Foreign Arbitration proceedings 99
327. Documents to be produced with petition 100
Procedure to be followed in case of non-production of documents with petition 100
328. Presumption as regards certain copies 101
329. Execution of decrees and orders 101
330. Advocates fees 101
CHAPTER XXI
Proceedings in Execution
331. Interpretation 102
APPLICATION FOR TRANSMISSION
332. Transmission of decrees for execution 102
333. Stay of execution on transmission 102
334. Transmission of decree in two or more districts simultaneously 102
335. When insufficient amount realized in first district 103
336. Also in second or succeeding districts 103
337. When sufficient amount realized in execution 103
338. Notice of execution of foreign Court decree to issue to judgment-debtor 103
339. Register of decrees received from other courts 103
340. Return of decree to the transmitting Court 104
APPLICATION FOR EXECUTION
341. Application under O. XXI, R. 15 to be supported by affidavit 104
342. Checking and admission of execution petition 104
343. Procedure in execution application under O. XXI, R. 15 104
344. Procedure when cause not shown 104
345. Additional Registrar, (O.S.), not to issue execution simultaneously against person and property 105
346. Application for receiver in execution of decree 105
MODE OF EXECUTION
Execution of documents
347. Decree-holder to file in Court the draft and fees for service 105
348. Execution of document under O. XXI, Rule 34(5) 105
Arrest
349. Deposit with warrant of arrest 106
350. Production of person arrested after sunset 106
351. Superintendent to keep in custody 106
352. Production before Judge under fresh warrant of
persons already in custody 106
Attachment
353. Application of encumbrance to be made a party to the suit or to join in the sale 106
354. Inquiry before the Additional Registrar, (O.S.) as to matters specified in O. XXI, Rule 66 106
355. Receipt of attached property to be given 107
356. Procedure where property is already under attachment by revenue authorities 107
357. Removal of property attached under O. XXI, Rule 43 to the Court 107
358. Removal to Court by judgment-creditor on executing bond 107
359. Procedure where removal impracticable or costly 108
360. Deposit of cost for removal or maintenance of property 108
361. Account to be rendered on demand 109
362. Restoration of attached property on payment of costs incurred 109
Sale of attached property
363. Notice regarding sale of guns and other arms, etc. attached 109
364. Sale of Government Promissory Notes, how made 110
365. Immediate sale of movable property 110
366. Place of sale of Live-stock, etc 110
367. Application for sale to be accompanied by abstract of title 110
368. Contents of sale proclamation 111
369. Publication of proclamation 111
370. Copy of sale proclamation to be sent to collector in case of sale of land 111
371. Place of sale of immovable property 111
372. Sale at Court house, how conducted 111
373. Leave to bid, Reserved price 112
374. Sale 112
375. Postponement of sale for want of sufficient bidding 112
376. Postponement of sale otherwise than under rule 345 112
377. Bidding paper to be signed by the purchaser 112
378. Or by his agent as such 113
379. Declaration of purchase 113
380. Report of sale 113
381. Time for confirming sale 113
Delivery of possession of immovable property
382. Possession of house how delivered to decree-holder or purchaser 113
383. Decree-holder or purchaser to give notice to owner regarding removal of property therein 114
GENERAL
384. Preparation and issue of processes in execution 114
385. Procedure on stay of execution 114
386. Recording of evidence and order in execution proceedings 114
CHAPTER XXII
Nazir’s Office
387. Nazir and Deputy Nazir to execute or to cause to execute processes 115
388. Noting of date on processes 115
389. Service on holidays 115
390. Service on the firm of advocates 115
391. Payment of money 115
392. Notice of payment or deposit to judgment-creditor or Collector 115
Delivery of securities, jewellery or other valuables into Court 116
394. Application for payment of money, etc 116
395. Applications to be checked 116
396. Payment by money order, bank draft etc 116
397. Written authority of client requisite for payment to advocate 117
398. Account books to be kept 117
399. Signing of Cheques and checking of accounts 118
400. Account books to be kept in minors or lunatics’ estates 119
401. Return of minors’ estates under administration 119
402. Charge of property in criminal cases 119
Charge of dead stock
CHAPTER XXIII
Testamentary and intestate Jurisdiction
Preliminary
403. Interpretation 120
Application for Probate, etc
404. Application for probate 120
405. Application for letters of administration 120
406. Application for letters of administration. C.T.A 120
407. Application for succession certificate 120
408. Address for service 121
409. Delay in application 121
410. lnterlineations, alterations etc. in the will should be sworn to by the attesting witnesses 121
411. In absence of attesting witnesses with other evidence must be produced 121
412. Attempted cancellation must be accounted for 121
413. Unsigned or unattested will 121
414. Production of deed, paper, etc., referred to in will 122
415. Administration to a creditor 122
416. Renunciation 122
417. Grants throughout British India 122
418. Applications for probate, etc., to be registered as miscellaneous applications 122
Citation
419. Notice of application to be given to collector 122
420. Notice to next-of-kin 123
421. Citation to Official Assignee 123
422. Form of citation 123
423. When citation to be dispensed with 123
Proof
424. Proof of identity 123
425. Blind or illiterate testator 123
Limited Grants
426. Order for limited grant 124
Administration Bond
427. Forms of administration and succession certificate bonds 124
428. Amount of administration bond and succession certificate bond 124
429. Insurance Companies as sureties 124
430. Attestation of bonds 124
Grants and extensions thereof
431. Grants limited to Province of Sindh 124
432. Affidavit of valuation of property to be annexed to grants 124
433. Extension of grant to have affect throughout Pakistan 125
434. Extension of succession certificate 125
Inventory and Accounts
435. Form of inventory 125
Form of register
Contentious Proceedings
436. Particulars in caveat 125
437. Notice of caveat 125
438. Affidavit supporting caveat 125
439. Notice to caveat or to file affidavit 126
440. Consequence of not filing affidavit 126
441. Procedure 126
442. Notice in probate suit 126
Miscellaneous
443. Certificates under section 274 (1) (b) of the Act 127
444. Notice by executor or administrator to creditors under section 360 and 367 of the Act 127
445. Disposal of petition for non-prosecution 127
446. Making will 127
CHAPTER XXIV
Rules under the Oaths Act, 1873
447. Form of witnesses 128
448. Form of interpreters 129
CHAPTER XXV
Rules under the Transfer of Property Act, 1882
449. Deposit of money due on mortgage 129
450. Deposit of costs 130
451. Order for payment of money into Court under S. 83 130
452. Mode of service 130
453. Costs of mortgagee 130
454. Court’s order for paying out 130
455. Enforcement of order 131
CHAPTER XXVI
Rules under the Powers of Attorney Act, 1882
456. Presentation of petition to the Deputy Registrar 131
457. If presentation by both donor and donee, it may be filed forthwith 131
458. In other case notice to issue and order of Court to be obtained 131
459. Filing of powers of attorney 132
460. Power of attorney filed when returned 132
461. Index to be kept of instruments deposited 132
462. Deputy Registrar to dispose of application for search, copies etc 132
463. Fees 132
CHAPTER XXVII
Rules under the Insolvency (Karachi Division)
Act (III of 1909)
Preliminary
464. Interpretation of terms 133
465. Matters to be heard in open Court 134
466. Adjournment from Chambers to Court and vice versa 135
Proceedings
467. Proceedings how entitled 135
468. Publication notices 135
469. Filing, Gazetting, & etc. 135
Discovery of debtor‘s property
470. Applications for discovery 136
Appropriation of Pay, Salary, etc.
471. Application for an appropriation order under section 60 136
472. Communication of order under section 60 136
473. Review of order I36
Warrants, Arrests and Commitments
474. To whom warrants addressed 137
475. Production of insolvent before Court & etc 137
476. Suspension of issue of committal order 137
477. Committal of contumacious insolvent or witness 137
Costs
478. Awarding costs 138
479. Scale of costs 138
480. Applications for costs 139
481. Priority of costs and charges payable out of assets 139
482. Disallowance of costs of unnecessary petition 140
483. Apportionment of costs in cases of partnership 141
484. Costs out of joint or separate estates 141
485. Public officer or agent of company 142
486. Attestation of firm’s signature 142
487. Service on firm 142
488. Debtor’s petition by a firm 142
489. Schedule 143
490. Order of adjudication against a firm 143
491. Acceptance of composition, etc., by joint and separate creditors 143
492. Voting on composition 143
493. Adjudication and separate committees 143
494. Separate firms ` 143
Lunatics
495. Lunatics 144
PROCEEDINGS FROM ACT OF INSOLVENCY TO DISCHARGE
Insolvency Petition
496. Form of insolvency petition 144
497. Insolvent to lodge all books, & etc., with the Official Assignee. 144
Certificate of Official Assignee 144
498. Deposit by petitioner 144
Creditor‘s Petition
499. Security for costs 145
500. Joint petitions 145
501. Death of debtor before service of petition 145
Hearing of Petition
502. Adjudication order to be made forthwith on debtor’s petition 145
503. Proceedings on creditor’s petition 146
504. Several respondents 146
505. Debtor intending to show cause 146
506. Non-appearance of creditor 146
507. Personal attendance of creditor when dispensed with 146
508. Proceedings after trial of disputed question 146
509. Application to dismiss 147
Interim Receiver
510. Appointment of interim receiver 147
511. Form and contents of order 147
512. Deposit 147
513. Further deposit, if necessary 148
514. Repayment of deposit 148
515. Damages if petition dismissed 148
Order of adjudication
516. Form and contents 148
517. Transmission of copy to Official Assignee and service on debtor 149
518. Stay of proceedings 149
519. Advertisement 149
520. Costs of petition & etc 149
Public examination of Insolvent and his failure to perform the duties imposed on him
521. Form of notice under section 27 149
522. Default of debtor in attending 150
523. Service of order and notice to creditors of examination 150
524. Adjournments sine die 150
525. Proceedings after adjournment sine die 151
526. Notice of proceeding after adjournment sine die 151
Annulment of Adjudication
527. Hearing of application for revocation 151
528. Order annulling adjudication 151
529. Form of Security Bond 152
530. Vesting order on annulment 152
Proceedings consequent on Order of Adjudication
531. Insolvent’s schedule 152
Trading account of insolvent
532. Extension of time to file schedule 153
533. Failure of insolvent to file schedule 153
534. Notice of order to submit claims to the Official Assignee 153
Interim Protection
535. Application for protection order 153
536. Hearing of application 154
537. Protection order 154
538. Warrant of release 154
Meetings of Creditors
539. Application for direction to hold meetings 154
540. Order to call meeting 155
541. Notice of meeting 155
542. Copy of Resolution for Additional Registrar 155
543. Adjournment 155
Proxies
544. Form of proxies 155
545. Signature of Proxy 155
546. Filing in when creditor blind, & etc 156
547. Minors not to be proxied 156
Composition and Schemes
548. Forms where proposal submitted by debtor 156
549. Form of acceptance, application for approval to Court, 156
550. Notice to creditors and Official Assignee 156
551. Order approving a composition or scheme 157
552. Correction of formal slips & etc. 157
553. Proceedings if scheme approved 157
554. When Official Assignee may be the trustee in composition or scheme 157
555. Default in payment of composition 157
556. Annulment of corn position or scheme 157
557. Dividends under composition or scheme 158
558. Proof of debts in composition or scheme 158
559. Application to enforce composition and order 158
560. Application for annulment of composition or scheme and order 158
561. Application for arrest of insolvent under section 34(1) 158
Control over Person and Property of Insolvent
562. Order for redirection of letters 159
Discharge of Insolvent
563. Application for discharge 159
564. Fixing date for hearing of application for discharge and notice 159
565. Official Assignee’s report 160
566. Opposed application 160
567. Answer to report and creditor’s grounds of opposition 160
568. Form of grounds of opposition 160
569. Hearing of application 161
570. Order on application for discharge 161
571. Notice of order 161
572. Costs of application 162
573. Conditional orders 162
574. Execution of decree against insolvent 162
575. Accounts of after acquired property 162
576. Failure to apply for discharge 163
577. Renewal of application 163
ADMINISTRATION OF PROPERTY
Proof of Debts
578. Form of proof 164
579. Wages of labourers & etc 164
580. Transmission proofs to trustees 164
581. Proofs to be sent by the Official Assignee to Additional Registrar 164
582. Proofs to be sent by trustee to Additional Registrar 164
583. Procedure where creditor appeals 165
584. Time for admission or rejection of proof by Official Assignee 165
585. Time for admission or rejection of proof by trustee 165
586. Notice of admission or rejection of proof 165
587. Costs of appeals from Official Assignee’s decision as to proof 166
Application to realize Security
588. Application to realize security 166
589. Report of the Official Assignee and hearing application 166
590. Order for realization of security 166
591. Costs of application 167
Realization of property
592. Warrant of seizure and search warrant 167
Disclaimer of Lease
593 Disclaimer of lease 167
Distribution of Property
594. Notice of intended dividend 169
595. Production of bills, notes, & c 170
596. Dividend may be sent by post 170
597. Notice of intention to make final dividend 170
598. Rate of interest of dividends which the Officials Assignee is ordered to pay 170
599. Appointment of insolvent manager property or carry on trade 170
THE OFFICIAL ASSIGNEE
600. Security by Official Assignee 171
601. Liability for loss 171
602. Fees, commission and percentages chargeable by the Official Assignee 171
603. Payment of fees, percentages, etc., to Government 172
604. Remuneration of the Official Assignee 172
605. Deposit in bank of moneys realization 172
606. Money how drawn 173
607. Account of dividends declared 173
608. Official Assignee to open Unclaimed Dividend Account 173
609. Income form investments 174
610. Disposal of the balance of Unclaimed Dividend Account 174
611. List of dividends 174
612. Notice of unclaimed dividends 175
613. Half yearly statement of estates 175
614. Audit of accounts 175
615. Fees for copy of lists 176
616. Record book 177
617. Duties as to debtor’s schedule 177
618. Joint and separate estate accounts 177
619. Mode of applications to Court 178
620. Evidence on applications by Official Assignee 178
621. Application for direction 178
622. Accounting by Official Assignee 178
623. Disposal of debtor’s books of account, & etc 178
Costs of Civil Proceedings
624. Costs of Civil Proceedings 179
625. Civil liability of Official Assignee how met 179
626. Costs when assets not available 179
627. Deficit how met 180
628. Liability for costs, damages and expenses 180
629. Books of account to be maintained by the Official Assignee 180
Special Manager
630. Special Manager’s accounts 181
COMMITTEE OF INSPECTION
631. Control of Committee of Inspection over Official
Assignee 181
SMALL INSLOVENCIES
632. Report of Official Assignee as to value of property
Summary administration 181
SPECIAL PROCEEDINGS
Administration of the estates of persons dying insolvent
633. Application for administration order 182
634. Order for administration 183
635. Duties of legal representative 183
636. Executor de son tort 183
SUPPLEMENTAL
Access to insolvent‘s books
637. Fee for inspection 184
Registers
638. Insolvency register 184
639. Power of Court to extend time 184
CHAPTER XXVIII
Rules under The Admiralty Jurisdiction of High Court
640. Interpretation 184
641. Institution of suits 185
642. Warrants 185
643. Statements requisite in suits of necessaries and of wages 186
644. Warrant with Court’s leave though particulars wanting 186
645. Service of warrant, filing thereof 186
646. Service of summons or warrant, how of effected on vessel 186
647. Service how effected on cargo landed 186
648. Service on cargo in custody of third person 186
649. Suits in rem by default 187
650. Judgment for the claim, if well founded 187
651. Entry of appearance 187
652. Contents of written statement 187
653 Security 187
654. Releases 187
655. Release before appearance entered on application 187
656. On payment into Registry, release of property 188
657. Release of cargo arrested for freight, on payment 188
658. Value of property under arrest in salvage suit 188
659. On security or payment into Registry, property arrested released 188
660. Released by Nazir 188
661. Caveat Release Book 188
662. Penalty for delaying release 188
663. Caveat Warrant Book 189
664. Entry of appearance in Caveat Warrant Books 189
665. Service of plaint on party entering Caveat Warrant 189
666. Party entering caveat to give security of filing of plaint 189
667. On default, suit may proceed ex parte 189
668. Judgment to claim enforcement of payment 189
669. Notwithstanding caveat property may be arrested 190
670. Sale by order of the Court 190
671. Procedure by Nazir on sale of property 190
672. Audience before Taxing Officer 190
673 Payment of moneys 190
674. Payment out of money 190
675. Security for latent demands 191
676. Notice against payment Caveat payment Book 191
677. Applications 191
678. Signature to application 191
679. Improperly filled up application 191
680. Caveat to be in force for six months 191
681. Withdrawal of caveat 191
682. Application to overrule a caveat 191
683. Fees by Officers and Nazir 191
684. Forms of Admiralty Division to be followed 192
685. Where not provided for, rules and practice of O.C.J., to apply 192
686. Fees to nautical assessors 192
CHAPTER XXIX
Rule made under Section 20 (f) of the Trusts Act, 1882
687. Investment of trust money in government securities 192
APPENDIX A. Forms 193
APPENDIX B. Registers 372
APPENDIX C. Scale of Fees 379
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