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  "text": "Page 1 of 318 \r\n \r\n \r\n \r\n \r\n  \r\nTHE CODE OF CIVIL PROCEDURE, 1908 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nCONTENTS \r\nPRELIMINARY \r\n1. Short title, commencement and extent \r\n2.  Definitions \r\n3. Subordination of Courts \r\n4. Savings \r\n5. Application of the Code to the Revenue Courts \r\n6. Pecuniary Jurisdiction \r\n7. [Omitted] \r\n8. [Omitted] \r\nPART I  \r\nSUITS IN GENERAL \r\nJURISDICTION OF THE COURTS AND RES JUDICATA \r\n9. Courts to try all civil suits unless barred \r\n10. Stay of suit \r\n11. Res Judicata \r\n12. Bar to further suits \r\n13. When foreign judgment not conclusive \r\n14. Presumption as to foreign judgment \r\n \r\n\r\n   \r\n \r\nPage 2 of 318 \r\n \r\nPlace Of Suing \r\n15. Court in which suits to be instituted \r\n16. Suits to be instituted where subject­matter situate \r\n17. Suits for immoveable property situate within jurisdiction of different Courts \r\n18. Place of institution of suit where local limits of jurisdiction, of Courts are uncertain \r\n19. Suits for compensation for wrongs to person or moveables \r\n20. Other suits to be instituted where defendants reside or cause of action arises \r\n21. Objections to jurisdiction \r\n22. Power to transfer suits which may be instituted in more than one Court \r\n23. To what Court application lies \r\n24. General power of transfer and withdrawal \r\n24A. Appearance of parties on transfer of suit, etc \r\n25. [Omitted] \r\nInstitution Of Suits \r\n26. Institution of suit \r\nSummons And Discovery \r\n27. Summons to defendants \r\n28. Service of summons where defendant resides, in another Province \r\n29. Service of foreign summonses \r\n30. Power to order discovery and the like \r\n31. Summons to witness \r\n32. Penalty for default \r\nJudgment And Decree \r\n33. Judgment and decree \r\nInterest \r\n34. Interest \r\n34A. Interest on public dues \r\n   \r\n \r\nPage 3 of 318 \r\n \r\n \r\n34B Interest, etc. on dues of banking company \r\nCosts \r\n35. Costs \r\n35A. Adjournment cost \r\n35B. Special costs \r\n35C. General provisions as to costs \r\nPART II \r\nEXECUTION \r\nGENERAL \r\n36. Application to orders \r\n37. Definition of Court which passed a decree \r\nCourts By Which Decrees May Be Executed \r\n38. Court by which decree may be executed \r\n39. Transfer of decree \r\n40. Transfer of decree to Court in another Province \r\n41. Results of execution proceeding to be certified \r\n42. Powers of Court in executing transferred decree \r\n43. Execution of decrees passed by British Courts in places to which this Part does not extend or \r\nin foreign territory \r\n44. [Omitted] \r\n44A Execution of decrees passed by Courts in the United Kingdom and other reciprocating territory \r\n45. [Omitted] \r\n46. Precepts \r\nQuestions To Be Determined by Court Executing Decree \r\n47. Questions to be determined by the Court executing decree \r\nLimit Of Time for Execution \r\n48. Execution barred in certain cases \r\n   \r\n \r\nPage 4 of 318 \r\n \r\nTransferees And Legal Representatives \r\n49. Transferee \r\n50. Legal representative \r\nProcedure In Execution \r\n51. Powers of Court to enforce execution \r\n52. Enforcement of decree against legal representative \r\n53. Liability of ancestral property \r\n54. Partition of estate of separation of share \r\nArrest And Detention \r\n55. Arrest and detention \r\n56. Prohibition of arrest or detention of women in execution of decree for money \r\n57. [Omitted] \r\n58. Release from detention \r\n59. [Omitted] \r\nAttachment \r\n60. Property liable to attachment and sale in execution of decree \r\n61. Partial exemption of agricultural produce \r\n62. Seizure of property in dwelling­house \r\n63. Property attached in execution of decrees of several Courts \r\n64. Private alienation of property after attachment to be void \r\nSale \r\n65. Purchaser’s title \r\n66. Suit against purchaser not maintainable on ground of purchase being on behalf of plaintiff \r\n67. Power for Provincial Government to make rules as to sales of land in execution of decrees for \r\npayment of money \r\nDelegation To Collector of Power to Execute Decrees Against Immoveable Property \r\n68. Power to prescribe rules for transferring to Collector execution of certain decrees \r\n \r\n   \r\n \r\nPage 5 of 318 \r\n \r\n69. Provisions of Third Schedule to apply \r\n70. Rules of procedure \r\n71. Collector deemed to be acting judicially \r\n72. Where Court may authroise Collector to stay public sale of land \r\nDistribution Of Assests \r\n73. Proceeds of execution sale to be rateably distributed among decree­holders \r\nResistance To Execution \r\n74. Resistance to execution \r\nPART III \r\nINCIDENTAL PROCEEDINGS \r\nCOMMISSIONS \r\n75. Power of Court to issue commissions \r\n75A. [Omitted] \r\n76. Commission to another Court \r\n77. Letter of request \r\n78. Commissions issued by foreign Courts \r\nPART V \r\nSUITS IN PARTICULAR CASES \r\nSUITS BY OR AGAINST THE GOVERNMENT] OR PUBLIC OFFICERS IN THEIR \r\nOFFICIAL CAPACITY \r\n79. Suits by or against the Government \r\n80. Notice \r\n81. Exemption from arrest and personal appearance \r\n82. Execution of decree \r\nSuits By Aliens and By or Against Foreign Rulers, Ambassadors And Envoys \r\n83. When aliens may sue \r\n84. When foreign States may sue \r\n85. Persons specially appointed by Government to prosecute or defend for Ruler of foreign State \r\n  \r\n   \r\n \r\nPage 6 of 318 \r\n \r\n86. [Omitted] \r\n86A. Suits against diplomatic agents \r\n87. [Omitted] \r\n87A. [Omitted] \r\nInterpleader \r\n88. Where inter pleader suit may be instituted \r\nPART V  \r\nSPECIAL PROCEEDINGS \r\nARBITRATION \r\n89. [Omitted] \r\n89A. Alternate dispute resolution \r\nSpecial Case \r\n90. Power to state case for opinion of Court \r\nSuits Relating to Public Matters \r\n91. Public nuisances \r\n92. Public charities \r\n93. Exercise of powers of Advocate General \r\nPART VI  \r\nSupplemental proceedings \r\n94. Supplemental Proceedings \r\n95. Compensation, for obtaining arrest, attachment or injunction on in sufficient grounds \r\nPART VII \r\nAPPEALS \r\nAPPEALS FROM ORIGINAL DECREES \r\n96. Appeal from original decree \r\n97. Appeal from final decree where no appeal from preliminary decree \r\n98. Decision where appeal heard by two or more Judges \r\n99. No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction \r\n \r\n   \r\n \r\nPage 7 of 318 \r\n \r\nAppeals From Appellate Decrees \r\n100. Second appeal \r\n101. Second appeal on no other grounds \r\n102. No second appeal in certain cases \r\n103. Power of High Court to determine issues of fact \r\nAppeals From Orders \r\n104. Orders from which appeal lies \r\n105. Others order \r\n106. What Courts to hear appeals \r\nGeneral Provisions Relating to Appeals \r\n107. Powers of Appellate Court \r\n108. Procedure in appeals from appellate decrees and orders \r\nAppeals to The Supreme Court \r\n109. When appeals, lie to the Supreme Court \r\n110. [Omitted] \r\n111. Bar of certain appeals \r\n111A. [Omitted] \r\n112. Savings \r\nPART VIII \r\nREFERENCE, REVIEW AND REVISION \r\n113. Reference to High Court \r\n114. Review \r\n115. Revision \r\nPART IX \r\nSPECIAL PROVISION RELATING TO * * HIGH COURTS \r\n116. Part to apply only to certain High Courts \r\n117. Application of Code to High Courts \r\n118. Execution of decree before ascertainment of costs \r\n   \r\n \r\nPage 8 of 318 \r\n \r\n119. Unauthorised persons not to address Courts \r\n120. Provisions not applicable to High Court in original   civil jurisdiction \r\nPART X \r\nRULES \r\n121. Effect of rules in First Schedule \r\n122. Power of certain High Courts to make rules \r\n123. Constitution of Rules Committees in certain Provinces \r\n124. Committee to report to High Court \r\n125. [Omitted] \r\n126. Rules to be subject to approval \r\n127. Publication of rules \r\n128. Matters for which rules may provide \r\n129. Power of the High Courts to make rules as to their original civil procedure \r\n130. [Omitted] \r\n131. Publication of rules \r\nPART XI \r\nMISCELLANEOUS \r\n132. Exemption of certain women from personal appearance \r\n133. Exemption of other persons \r\n134. Arrest other than in execution of decree \r\n135. Exemption from arrest under civil process \r\n135A. Exemption of members of Legislative bodies from arrest and detention under civil process \r\n136. Procedure where person to be arrested or property to be attached is outside district \r\n137. Language of subordinate Courts \r\n138. Power of High Court to require evidence to be recorded in English \r\n139. Oath on affidavit by whom to be administered \r\n140. Assessors in causes of savages, etc \r\n141. Miscellaneous proceedings \r\n   \r\n \r\nPage 9 of 318 \r\n \r\n142. Orders and notices to be in writing \r\n143. Postage \r\n144. Application for restitution \r\n145. Enforcement of liability of surety \r\n146. Proceedings by or against representatives \r\n147. Consent or agreement by person under disability \r\n148. Enlargement of time \r\n149. Power to make up deficiency of court­fees \r\n150. Transfer of business \r\n151. Saving of inherent powers of Court \r\n152. Amendment of judgments, decrees or orders \r\n153. General power to amend \r\n154. [Omitted] \r\n155. [Omitted] \r\n156. [Repealed] \r\n157. Continuance of orders under repealed enactments \r\n158. Reference to Code of Civil Procedure and other repealed enactments \r\n159. Saving of proceedings \r\nSCHEDULES \r\nTHE FIRST SCHEDULE.__ RULES OF PROCEDURE \r\nAPPENDIX A.__ PLEADINGS \r\nAPPENDIX B.__ PROCESS \r\nAPPENDIX C.__ DISCOVERY, INSPECTION AND ADMISSION \r\nAPPENDIX D.__ DECREES \r\nAPPENDIX E.__ EXECUTION.  \r\nAPPENDIX F.__ SUPPLEMENTAL PROCEEDINGS \r\nAPPENDIX G.__ APPEAL, REFERENCE AND REVIEW \r\n   \r\n \r\nPage 10 of 318 \r\n \r\nAPPENDIX H.__ MISCELLANEOUS.  \r\nTHE SECOND SCHEDULE.__ [Repealed] \r\nTHE THIRD SCHEDULE.__ EXECUTION OF DECREES BY COLLECTORS \r\nTHE FOURTH SCHEDULE.__ [Omitted]  \r\nTHE FIFTH SCHEDULE.__ [Repealed] \r\n \r\n_______ \r\n  \r\n   \r\n \r\nPage 11 of 318 \r\n \r\nTHE CODE OF CIVIL PROCEDURE, 1908 \r\n \r\n \r\n \r\n \r\n1ACT NO V OF 1908 \r\n[21st March, 1908] \r\n \r\nAn Act to consolidate and amend the laws relating to the Procedure of the Courts of Civil \r\nJudicature. \r\n \r\nWHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts \r\nof Civil Judicature; It is hereby enacted as follows:__ \r\n \r\nPRELIMINARY \r\n \r\n      1. Short title, commencement and extent. __ This Act may be cited as the Code of Civil  \r\nProcedure, 1908. \r\n \r\n (2) It shall come into force on the first day of January, 1909. \r\n \r\n 2[(3) It extends to the whole of Pakistan.] \r\n \r\n 3[(4)   The primary objective of this Code is to enable the Courts to- \r\n \r\n(a) deal the cases justly and fairly;  \r\n(b) encourage parties to alternate dispute resolution procedure if it considers \r\nappropriate;  \r\n \r\n(c) save expends and time both of Courts and litigants; and  \r\n(d) enforce compliance with provision of the Code.] \r\n2. Definitions. In this Act, unless there is anything repugnant in the subject or context,__ \r\n(1) “Code” includes rules: \r\n   (2) “decree” means the formal expression of an adjudication which, so far as regards the Court \r\nexpressing it, conclusively determines the rights of the parties which regard to all or any of the matters \r\nin controversy in the suit and may be either preliminary or final.  It shall be deemed to include the  \r\nrejection of a plaint 4[,the determination of any question within section 144 and an order under rule 60, \r\n98, 99, 101, or 103 of Order XXI], but shall not include__ \r\n \r\n(a) any adjudication from which an appeal lies as an appeal from an order, or \r\n(b) any order of dismissal for default. \r\n \r\n1For statement of Objects and Reasons, see Gazette of India, 1907 Pt.V,p.179; for Report of the Select Committee, see ibid., 1908, Pt.V, p. 35; and for \r\nProceedings in Council, see ibid., 1907, Pt. VI. P. 135 and ibid., 1908, pp.8, 12 and 212. \r\nAll references in the Act to His Majesty in Council shall be construed as references to the Federal Court, see the Federal Court (Enlargement of \r\nJurisdiction) Act, 1949 (1 of 1950), s.6. \r\nThe Act has been extended and shall be deemed to have been so extended on the 14th October, 1955, to the whole of Pakistan by the Cen tral Laws \r\n(Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. \r\nThis Act has been amended in the Punjab by the Punjab Relief of Indebtedness Act, 1934 (Punjab 7 of 1934), Pt. VIII. \r\nIt has been extended by notification under ss.5 and 5A of the Scheduled Districts Act, 1874 (14 of 1874), to the following scheduled Districts:__ \r\n(1) The Province of Sindh: Bombay Government Gazette, Extraordinary, 1909, Pt. I and Gazette of India, 1909, Pt. I, p.32. \r\n(2) Scheduled District in the Punjab: Gazette, of India, 1909, Pt. I, P. 33. \r\n(3) The Districts of Peshawar, Hazara, Kohat, Bannu and Dera Ismail Khan composing the N.W.F.P, : ibid., Pt. II, p. 80. \r\nIt has been declared to be inforce in Balochistan by the British Balcohistan Laws Regulation, 1913 (II of 1913), s. 3 and First Schedule. \r\nIt has also been extended to the Leased Areas of Balochistan, see the Leased Areas (Laws) Order, 1950 (G.G.O.3 of 1950); and applied in the Federated \r\nAreas of Balochistan, see Gaz. of India 1937, pt. I, p. 1499. \r\nIt has been applied to Phulera in the Excluded Area of Upper Tanawal to the extend the Act is applicable in the N.W.F.P., see N.W.F.P (Upper Tanawal) \r\n(Excluded Area) Laws Regulation, 1950. \r\nIt has also been extended to the Excluded Area of Upper Tanawal other than Phulera by the N.W.F.P. (Upper Tanwal) Excluded Area) Laws Regulation, \r\n1950 and declared to be in force in that area with affect from the 1st June, 1951, see N.W.F.P Gazette, Extraordinary, dated the 1st June, 1951. \r\nThe Act has, with certain modification, been applied to the Provincially Administered Tribal Areas of Chitral, Dir, Kalam, Swat and Malakand \r\nProtected Area by N.W.F.P Regulation No. 1 of 1974. \r\n2Subs. by the Central Laws (Statute Reform) Ordinance, No. XXI of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for the Original \r\nsub­section (3), as amended by A.O., 1949. \r\n3Ins. by Act No. VII of 2020, s. 2. \r\n4Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for “and the determination of any question within section 47 or section 144”. \r\n   \r\n \r\nPage 12 of 318 \r\n \r\nExplanation.__ A decree is preliminary when further proceedings have to be taken before the \r\nsuit can be completely disposed of. It is final when such adjudication completely disposes of the suit. \r\nIt may be partly preliminary and partly final: \r\n(3) “decree­holder” means any person in whose favour a decree has been passed or an order \r\ncapable of execution has been made: \r\n(4) “district” means the local limits of the jurisdiction of a principal Civil Court of original \r\njurisdiction (hereinafter called a \"District Court\"), and includes the local limits of the ordinary original \r\ncivil jurisdiction of a High Court: \r\n(5) “foreign Court ” means a Court situate beyond the limits of 3[Pakistan] which has no \r\nauthority in 1[ Pakistan] and is not established or continued by 2[the 3[Federal Government] 4***]: \r\n(6) “foreign judgment” means the judgment of a foreign Court: \r\n(7) “Government Pleader” includes any officer appointed by the 2[Provincial Government] to \r\nperform all or any of the functions expressly imposed by this Code on the Government Pleader and \r\nalso any pleader acting under the directions of the Government Pleader: \r\n(8) “Judge” means the presiding officer of a Civil Court: \r\n(9) “judgment” means the statement given by the Judge of the grounds of a decree or order: \r\n(10) “judgment­debtor” means any person against whom a decree has been passed or an order \r\ncapable of execution has been made: \r\n(11) “legal representative ” means a person who in law represents the estate of a deceased \r\nperson, and includes any person who intermeddles with the esta te of the deceased and where a party \r\nsues or is sued in a representative character the person on whom the estate devolves on the death of \r\nthe party so suing or sued: \r\n(12) “mesne profits” of property means those profits which the person in wrongful possession \r\nof such property actually received or might with ordinary diligence have received therefrom, together \r\nwith interest on such profits but shall not include profits due to improvements made by the person in \r\nwrongful possession: \r\n(13) “moveable property” includes growing crops: \r\n(14) “order” means the formal expression of any decision of a Civil Court which is not a decree: \r\n(15) “pleader” means any person entitled to appear and plead for another in Court, and includes \r\nan advocate, a vakil and an attorney of a High Court: \r\n(16) “prescribed” means prescribed by rules: \r\n \r\n \r\n1Subs. by Ordinance, No. XXI of 1960, s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Provinces and the Capital of the Federation\" \r\nwhich had been subs. by Adaptation Order, 1949. \r\n2Subs. by Adaptation Order, 1937. \r\n3Subs. by Federal Adaptation Order, 1975 Art. 2 and Table. \r\n4The words “or the Crown Representative” omitted by Adaptation Order, 1949. \r\n   \r\n \r\nPage 13 of 318 \r\n \r\n (17) “public officer” means a person falling under any of the following descriptions, namely:__ \r\n(a) every Judge; \r\n1[(b)  every person in the service of Pakistan;] \r\n(c) every commissioned or gazetted officer in the military, 2[naval or air] forces of \r\n3[Pakistan while in the service of the State] ; \r\n(d) every officer of a Court of Justice whose duty it is, as such officer, to investigate \r\nor report   on any matter of law or fact, or to make, authenticate or keep any \r\ndocument, or to take charge or dispose of any property, or to execute any judicial \r\nprocess, or to administer any oath, or to in terpret, or to preserve order, in the \r\nCourt, and every person especially authorised by a Court of Justice to perform \r\nany of such duties; \r\n(e) every person who holds any office by virtue of which he is empowered to place \r\nor keep any person in confinement; \r\n(f) every officer of 4[the Government] whose duty it is, as such officer, to prevent \r\noffences, to give information of offences, to bring offenders to justice, or to \r\nprotect the public health, safety or convenience; \r\n(g) every officer whose duty it is, as such officer,  to take, receive, keep or expend \r\nany property on behalf of 4[the Government], or to make  any survey,  \r\nassessment  or contract  on behalf  of 4[the Government], or to execute any \r\nrevenue­process, or to investigate, or to report on, any matter af fecting the \r\npecuniary interest  of 3[the  Government], or to make, authenticate  or keep any \r\ndocument relating to the pecuniary interests of 4[the  Government]  or  to  \r\nprevent the infraction of any law for the protection of the pecuniary interests of \r\n3[the Government]; and \r\n(h) every officer in the service or pay of 4[the Government], or remunerated by fees \r\nor commission for the performance of any public duty: \r\n(18) “rules” means rules and forms contained in the First Schedule or made under section 122 \r\nor section 125: \r\n(19) “share in a corporation” shall be deemed to include stock, debenture stock, debentures or \r\nbonds: and \r\n(20) “signed”, save in the case of a judgment or decree, includes stamped. \r\n5[3. Subordination of Courts. For the purposes of this Code, the hierarchy and sub-ordination \r\nof Civil Courts shall be the same as prescribed in the West Pakistan Civil Courts Ordinance, 1962 \r\n(W.P. Ordinance No. II of 1962).] \r\n \r\n1Subs. by the Federal Laws (Revision and Declaration) Ordinance, No. XVII of 1981 , s.3 and Second Sch., for sub­clause (b). The words in crotchets \r\n[Civil Service of Pakistan] which were amended by Ordinance 21 of 1960, s. 3 and 2nd sch. and Adaptation Order, 1949. \r\n2Subs. by the Amending Act No. XXXV of 1934, s.2 and Sch. \r\n3The words “His Majesty while serving under the Crown” as amended, by Act No. XXXV of 1934, s.2 and Sch. and Adaptation Order, 1937, have been \r\nsubs. by Adaptation Order, 1961, Art, 2 and Sch. (with effect from the 23rd March, 1956.) \r\n4Subs. by Adaptation Order, 1961, Art. 2 and Sch., (with effect from the 23rd March, 1956), for \"the Crown\" which had been subs., by Adaptation Order, \r\n1937. \r\n5Subs. by Act No. VII of 2020, s. 3. \r\n   \r\n \r\nPage 14 of 318 \r\n \r\n4. Savings.__ (1) In the absence of any specific provision to the contra ry, nothing in this Code \r\nshall be deemed to limit or otherwise affect any special or local law now in force or any special  \r\njurisdiction or power conferred, or any special form of procedure prescribed, by or under any other \r\nlaw for the time being in force. \r\n(2) In particular and without prejudice to the generality of the proposition contained in \r\nsub­section (1), nothing in this Code shall be deemed to limit or otherwise affect any remedy which a \r\nland­holder or landlord may have under any law for the time being in force for the recovery of rent of \r\nagricultural land from the produce of such land. \r\n5. Application  of  the  Code  to  the  Revenue  Courts.__ (1) Where any Revenue Courts are \r\ngoverned by the provisions of this Code in those matters of procedure upon which any  special  \r\nenactment  applicable  to them is silent, the  1[Provincial Government] 2[*  *  *]  may,  by notification \r\nin the 1[official Gazette], declare that any portions o f those provisions which are not expressly made \r\napplicable by this Code shall not apply to those Courts, or shall only apply to them with such \r\nmodifications as the 1[Provincial Government] 3[* * *] may prescribe. \r\n(2) “Revenue Court” in subsection (1) means a Court having jurisdiction under any local law \r\nto entertain suits or other proceedings relating to the rent, revenue or profits of land used for \r\nagricultural purposes, but does not include a Civil Court having original jurisdictio n under this Code \r\nto try such suits or proceedings as being suits or proceeding of a civil nature. \r\n4[6. Pecuniary Jurisdiction.__Save in so far as is otherwise expressly provided, nothing herein \r\ncontained shall operate to give any Court jurisdiction over suits the amount or value of the subject \r\nmatter of which exceeds the pecuniary limits, if any, of its ordinary jurisdiction]. \r\n7. 5[* * * * * * *] \r\n8.  [Presidency Small Cause Courts.] Omitted by A.O., 1949. \r\n \r\nPART I  \r\nSUITS IN GENERAL \r\nJURISDICTION OF THE COURTS AND Res Judicata \r\n \r\n 9. Courts to try all civil suits unless barred. The Courts shall (subject to the provisions herein \r\ncontained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance \r\nis either expressly or impliedly barred. \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by Adaptation Order, 1937. \r\n2The words “with the previous sanction of the G.G. in C.” omitted by the Devolution Act No. XXXVIII of 1920, s.2 and 1st Sch., Pt. I. \r\n3The words “with the sanction aforesaid” omitted by Act No. XXXVIII of 1920, s.2 and 1st Sch., Pt. I. \r\n4Subs. by Act XIX of 2023, s.2. \r\n5Omitted by Act VII of 2020, s. 5.  \r\n   \r\n \r\nPage 15 of 318 \r\n \r\nExplanation.__ A suit in which the right to property or to an office is contested is a suit of a \r\ncivil nature, notwithstanding that such right may depend entirely on the decision of questions as to \r\nreligious rites or ceremonies. \r\n10. Stay of suit. No Court shall proceed with the trial of any suit in which the matter in issue \r\nis also directly and substantially in issue in a previously instituted suit between the same parties, or \r\nbetween parties under whom they or any of them claim litigating under the same title where such suit \r\nis pending in the same or any other Court in 1[Pakistan] having jurisdiction to grant the relief claimed, \r\nor in any Court beyond the limits of 1[Pakistan] established or continued by 2[the 3[Federal \r\nGovernment] 4* * *] and having like jurisdiction, or before 5[the Supreme Court]. \r\nExplanation.__ The pendency of a suit in a foreign Court does not preclude the Courts in  \r\n1[Pakistan] from trying a suit founded on the same cause of action. \r\n11. Res Judicata. No Court shall try suit or issue in which the matter directly and substantially \r\nin issue has been directly and substantially in issue in a former suit between the same parties, or \r\nbetween parties under whom they or any of them claim, litigating under the same title, in a Court \r\ncompetent to try such subsequent suit or the suit in which such issue has been subsequently raised, and \r\nhas been heard and finally decided by such Court. \r\n \r\nExplanation I.__ The expression \"former suit\" shall denote a suit which has been decided prior \r\nto the suit in question whether or not it was instituted prior thereto. \r\nExplanation II. __ For the purposes of this section, the competence of a Court shall be \r\ndetermined irrespective of any provisions as to a right of appeal from the decision of such Court. \r\nExplanation III.__ The matter above referred to must in the former suit have been alleged by \r\none party and either denied or admitted, expressly or impliedly, by the other. \r\nExplanation IV.__ Any matter which might and ought to have been made ground of defence or \r\nattack in such former suit shall be deemed to have been a matter directly and substantially in issue in \r\nsuch suit. \r\nExplanation V.__ Any relief claimed in the plaint, which is not expressly granted by the decree, \r\nshall, for the purposes of this section, be deemed to have been refused. \r\nExplanation VI.__ Where persons litigate bona fide in respect of a public right or of a private \r\nright claimed in common for themselves and others, all persons interested in such right shall,  for  the  \r\npurposes of this section, be deemed to claim under the persons so litigating. \r\n6[12. Bar to further suit. __ (1)] Where a plaintiff is precluded by rules from instituting a  \r\nfurther suit in respect of any particular cause of action, he shall not be entitled to institute a suit in \r\nrespect of such cause of action in any Court to which this Code applies. \r\n \r\n1Subs. by the Central laws (Statute Reform) Ordinance, No. XXI of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955). \r\n2Subs. by Adaptation Order, 1937. \r\n3Subs. by Federal Adaptation Order, 1975. Art.2 and Table.  \r\n4The words “or the Crown Representative” omitted by Adaptation Order, 1949. \r\n5Subs. by Adaptation Order, 1961, Art. 2 and Sch. (with effect from the 23rd March 1956). \r\n6S.12 was renumbered as sub­section (1) of that section by the Code of Civil Procedure (Amdt.) Ordinance, No. X of 1980, s. 2 \r\n  \r\n   \r\n \r\nPage 16 of 318 \r\n \r\n1[(2) Where a person challenges the validity of a judgment, decree or order on the plea of fraud, \r\nmis­representation or want of jurisdiction, he shall  seek his remedy by making an application to the \r\nCourt which passed the final judgment, decree or order and not by a separate suit.] \r\n13. When foreign judgment not conclusive. A foreign judgment shall be conclusive as to any \r\nmatter thereby directly adjudicated upon between the same parties or between parties under whom \r\nthey or any of them claim litigating under the same title except__ \r\n(a) Where it has not been pronounced by a Court of competent Jurisdiction ; \r\n(b) Where it has not been given on the merits of the case; \r\n(c) Where it appears on the face of the proceedings to be founded on an incorrect \r\nview of international law or a refusal to recognise the law of 2[Pakistan] in cases \r\nin which such law   is applicable; \r\n(d) Where the proceedings in which th e Judgment was obtained are opposed to \r\nnatural justice ; \r\n(e) Where it has been obtained by fraud ; \r\n(f) Where it sustains a claim founded on a breach of any law in force in 2[Pakistan]. \r\n14. Presumption as to foreign judgment.  The Court shall presume, upon t he production of \r\nany document purporting to be a certified copy of a foreign Judgment, that such Judgment was \r\npronounced by a Court of competent Jurisdiction, unless the contrary appears on the record ; but such \r\npresumption may be displaced by proving want of jurisdiction. \r\nPLACE OF SUING \r\n15. Court in which suits to be instituted.  Every suit shall be instituted in the Court of the \r\nlowest grade competent to try it. \r\n16. Suits to be instituted where subject­matter situate.  Subject to the pecuniary or other \r\nlimitations prescribed by any law, suits__ \r\n(a) for the recovery of immoveable property with or without rent or profits, \r\n(b) for the partition of Immoveable property, \r\n(c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon \r\nimmoveable property, \r\n(d) for the determination of any other right to or interest in immoveable property, \r\n(e) for compensation for wrong to immoveable property, \r\n(f) for the recovery of moveable property actually under distraint or attachment, \r\n \r\n \r\n \r\n1Sub­section (2) added by the Code of Civil Procedure (Amdt.) Ordinance, No. X of 1980, s.2. \r\n2Subs. by the Central Laws (statute Reform) Ordinance, No. XXI of 1960, s.3 and 2nd Sch. (with effect from the 14th October, 1955). \r\n   \r\n \r\nPage 17 of 318 \r\n \r\nshall be instituted in the Court within the local limits of whose jurisdiction the property is situate,         \r\n1[, or, in the case of suits referred to in clause (c), at the place where the cause of action has wholly or \r\npartly arisen]: \r\nProvided that a sui t to obtain relief respecting, or compensation for wrong to, immoveable \r\nproperty held by or on behalf of the defendant may, where the relief sought can be entirely obtained \r\nthrough his personal obedience, be instituted either in the Court within the local limits of whose \r\njurisdiction the property is situate 1[,or, in the case of suit referred to in clause (c), at the place  where  \r\nthe  cause  of action has wholly or partly arisen], or in the Court within the local limits of whose \r\njurisdiction the defendant actually and voluntarily resides, or carries on business, or personally works \r\nfor gain. \r\nExplanation.__ In this section \"property\" means property situate in 2[Pakistan]. \r\n17. Suits for immoveable property situate within jurisdiction of different Courts. Where \r\na suit is to obtain relief respecting, or compensation for wrong to, immoveable property situate with in \r\nthe jurisdiction of different Courts, the suit may be instituted in any Court within the local limits of \r\nwhose jurisdiction any portion of the property is situate: \r\nProvided that, in respect of the value of the subject­matter of the suit, the entire claim is \r\ncognizable by such Court. \r\n18. Place  of institution of suit  where  local  limits of jurisdiction,  of Courts are \r\nuncertain.__ (1) Where it is alleged to be uncertain within the local limits of the jurisdiction of which \r\nof two or more Courts any immoveable property is situate, any one of those Courts may,  if  satisfied  \r\nthat  there  is ground for the alleged uncertainty, record a statement to that effect and thereupon proceed \r\nto entertain and dispose of any suit  relating to that property, and its decree in  the suit  shall have the \r\nsame effect as  if the property were situate within the local limits of its Jurisdiction : \r\nProvided that the suit is one with respect to which the Court is competent as regards the nature \r\nand value of the suit to exercise Jurisdiction. \r\n(2) Where  a  statement has not been recorded under subs­section (1), and an objection is taken  \r\nbefore an appellate or revisional Cou rt that a decree or order in a  suit  relating to such property was  \r\nmade by a Court not having jurisdiction where the property is situate, the appellate or revisional Court \r\nshall not allow the objection unless in its opinion there was, at the time of the institution of the suit, no \r\nreasonable ground for uncertainty as to the Court having jurisdiction with respect thereto and there has \r\nbeen a consequent failure of Justice. \r\n19. Suits for compensation for wrongs to person or moveables.  Where a suit is for \r\ncompensation for wrong done to the person or to moveable property, if the wrong was done within the \r\nlocal limits of the Jurisdiction of one Court and the defendant resides, or carries on business, or \r\npersonally works for gain, within the local limits of the J urisdiction of another Court, the suit may be \r\ninstituted at the option   of the plaintiff in either of the said Courts. \r\n \r\n \r\n \r\n1Ins. by the Code of Civil Procedure (Amdt.) Ordinance, No. XLIV of 1962, s.6. \r\n2Subs. by the Central Laws (Statute Reform) ordinance, No. XXI of 1960, s.3 and 2nd Sch. (with effect from the 14th October, 1955). \r\n   \r\n \r\nPage 18 of 318 \r\n \r\nIllustrations \r\n(a) A, residing in 1[Karachi], beats B in 2[Quetta]. B may sue A either in 2[Quetta] or \r\n1[Karachi]. \r\n(b) A, residing in 1[Karachi] publishes in 2[Quetta] statements defamatory of B. B may \r\nsue A either in 2[Quetta] or in 1[Karachi]. \r\n20. Other suits to be instituted where defendants reside or cause of action arises.  Subject to \r\nthe limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose \r\njurisdiction__ \r\n(a) the defendant, or each of the defendants where there are more than one, at the time \r\nof the commencement of the suit, actually and voluntarily resides, or carries on \r\nbusiness, or personally works for gain ; or \r\n(b) any of the defendants, where there are more than one, at the time of the \r\ncommencement of the suit, actually and voluntarily resides, or carries on business, \r\nor personally works for gain, provided that in such case either the leave of the Court \r\nis given, or the defendants who do not reside, or carryon business, or personally \r\nwork for gain, as aforesaid, acquiesce in such institution ; or \r\n(c) the cause of action, wholly or in part, arises. \r\nExplanation I.__ Where a person has permanent dwelling at one place and also a temporary  \r\nresidence  at  another  place,  he  shall  be  deemed  to  reside  at  both  places  in  respect  of  any cause of \r\naction arising at the place where he has such temporary residence. \r\nExplanation II.__ A corporation shall be deemed to carry on business at its sole or principal office  \r\nin 1[Pakistan] or, in respect of any cause of action arising at any place where it has also a subordinate office, \r\nat such place. \r\nIllustrations \r\n(a) A is a tradesman in 2[Lahore]. B carries on business in 1[Karachi], B, by his agent \r\nin 2[Lahore], buys goods of A and requests A to deliver them to the 1[Pakistan \r\nInternational Airways]. A delivers the goods accordingly in 2[Lahore]. A may sue \r\nB for the price of the goods either in 2[Lahore] where the cause of action has arisen, \r\nor in 1[Karachi], where B carries on business. \r\n(b) A resides at 1[Murree], B at 2[Lahore], and C at 1[Karachi], A, B and C being \r\ntogether at 1[Bahawalpur], B and C make a joint promissory note payable o n \r\ndemand, and deliver it to A. A may sue B and C 1[Bahawalpur,] where the cause of \r\naction arose. He may also sue them at 2[Lahore], where   B resides, or at 1[Karachi],  \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by the Central Laws (Statute Reform) Ordinance, No. XXI of 1960, s.3 and 2nd Sch. (with effect from the 14th October, 1955). \r\n2Subs. by the Federal Laws (Revision and Declaration) Ordinance, No. XXVII of 1981, s.3 and 2nd Sch. \r\n \r\n \r\n   \r\n \r\nPage 19 of 318 \r\n \r\nwhere C resides; but in each of these cases, if the non­resident defendant objects, the suit \r\ncannot proceed without the leave of the Court. \r\n21. Objections to jurisdiction. No objection as to the place of suing shall be allowed by any appellate or \r\nrevisional Court unless such objection was taken in the Court of first instance at the earliest possible opportunity and \r\nin all cases where issues are settled at or before such settlement, and unless there has been a consequent failure of \r\njustice. \r\n22. Power to transfer suits which may be instituted in more than one Court.  Where a suit may  be \r\ninstituted in any one of two or more Courts and is instituted in one of such Courts, any defendant,  after notice to the \r\nother parties, may, at the earliest  possible  opportunity and in  all cases where  issues are settled at or before such \r\nsettlement, apply to have t he  suit  transferred to another Court, and the  Court to which such application is made, \r\nafter considering the objections of the other parties (if any), shall determine in which of the several Courts having \r\njurisdiction the suit shall proceed. \r\n23. To   what Court application lies.__ (1) Where the several Courts having jurisdiction are subordinate to \r\nthe same Appellate Court, an application under section 22 shall be  made  to  the  Appellate Court. \r\n(2) Where such Courts are subordinate to different appellate Courts but to the same High Court, the \r\napplication shall be made to the said High Court. \r\n(3) Where such Courts are subordinate to different High Courts, the application shall be made to  the High \r\nCourt within the local limits of whose jurisdiction the Court in which the suit is brought is situate. \r\n24. General power of transfer and with  drawl.__ (1) On the application of any of the parties and after  \r\nnotice to the parties and after hearing such of them as desire to be heard, or of its own motion with out such notice, \r\nthe High Court or the District Court may at any stage__ \r\n(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any \r\nCourt subordinate to it and competent to try or dispose of the same, or \r\n(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and \r\n(i) try or dispose of the same ; or \r\n(ii) transfer the same for trial or disposal to any Court subordinate to it and competent \r\nto try or dispose of the same ; or \r\n(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn. \r\n(2) Where any suit or proceeding has been transferred or withdrawn under sub­section (1), the Court which \r\nthereafter tries such suit may, subject to any special directions in the c ase of an order of transfer, either retry it or \r\nproceed from the point at which it was transferred or withdrawn. \r\n(3) For the purposes of this section, Courts of Additional and Assistant Judges shall be deemed to subordinate \r\nto the District Court. \r\n(4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, \r\nfor the purposes of such suit, be deemed to be a Court of Small Causes. \r\n1[24A. Appreance of parties on transfer of suits, etc.__ (1) Where any suit is transferred under section 22, \r\nor any suit, appeal or other proceeding is transferred or withdrawn under sub­section (1) of section 24 on the \r\napplication of a party, the Court ordering the transfer or withdrawal shall fix a date for the appearance of the parties \r\nbefore itself, if the suit, appeal or other proceeding is to be tried or disposed of by itself, or before the Court to which \r\nthe case is so transferred. \r\n  \r\n1S.24A ins. by the Code of Civil Procedure (Amdt.) Ordinance, No. XLIV of 1962, s.7. \r\n \r\n   \r\n \r\nPage 20 of 318 \r\n \r\n(2) Where any suit, appeal or other proceeding is transferred from one Court to another, otherwise than on \r\nthe application of a party, the parties thereto shall appear before the Court from which the suit, appeal or other \r\nproceedings is to be transferred, on t he  day already fixed for their appearance  before  that Court, and such Court \r\nshall then communicate the order of transfer to such parties and direct them  to appear before the Court to which the  \r\nsuit, appeal or other proceeding is to be  transferred, ei ther on  the same day, or on such earliest day as may be \r\nreasonable having regard to the distance at which the other Court is located.] \r\n125. [Power of Provincial Government to transfer suits. ] Omitted by the Central Laws (Statue Reform) \r\nOrdinance, 1960 (XXI of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955). \r\nINSTITUTION OF SUITS \r\n2[26. Institution of suit.__ Every suit shall be instituted by presentation of a plaint or in such other manner \r\nas may be prescribed.] \r\n2[26A-26D. * * * * * * *] \r\nSUMMONS AND DISCOVERY \r\n27. Summons to defendants.  Where a suit has been duly instituted, a summons may be issued to the \r\ndefendant to appear and answer the claim 2[* * *] and may be served in manner prescribed. \r\n2[27A.  * * * * * * *] \r\n28. Service of summons where defendant resides in another Province.__ (1) A Summons may be sent for \r\nservice in another Province to such Court and in such manner as may be prescribed by rules in force in that Province. \r\n(2) The Court to which such summons is sent shall, upon receipt thereof, proceed as if it had been issued by \r\nsuch Court and shall then return the summons to the Court of issue together with the record (if any) of its proceedings \r\nwith regard thereto. \r\n3[29. Service of foreign summonses. Summonses 2[and other processes] issued by any Civil \r\n1S. 25 was amended by Adaptation Order, 1937. \r\n2Subs. and Omitted by Act No. XIX of 2023, s.3. \r\n3Provisions of s.29 have been applied to__ \r\n(i)the Civil Courts in the Federation of Malaya in so far as the Chief Commissioner’s Province of Baluchistan and the Capital  of the Federation are concerned, see Gaz. of P., \r\n1949, Pt.I, P.258 and ibid., Pt.II A, P. 68 \r\n(ii)all Civil and Revenue Courts of I ndia; and service by any Civil or Revenue Court of India of any summons issued under the Code of Civil Procedure, 1908, by a Court of \r\nthe Province of Sind shall be deemed to be valid, see Sind Government Gazette, Extraordinary, dated 3rd July, 1952. Pt. I,  P. 437. \r\n(iii)all Civil and Revenue Courts in India and Service by such Courts of any summons issued under the said Code by a Court in  the N.W.F.P, Baluchistan or Karachi shall be \r\ndeemed to be valid service, see N.W.F.P Government Gazette, 1952, Pt. I, P. 248 and Gaz., of P. 1952, Pt. I, P. 119 and ibid., Pt. VI, p. 126. \r\n(iv)all Civil and Revenue Courts in India; and that service by such Courts of any summons issued under the said Code by a Court in Khairpur State shall be deemed to be valid \r\nservice, see Khairpur State Gazette, Ext., 1952, dated the 18th September, 1952.  \r\n(v)all Civil and Revenue Courts in India; and service by such Courts of any summons issued under the said Code by a Court in the Bahawalpur State shall be deemed to be \r\nvalid service, see Bahawalpur Govt. Gazette, dated the 2nd October, 1952.  \r\n(vi)all Civil and Revenue Courts of India; and service by any civil or Revenue Court in India, within whose jurisdiction the person to be served resides of any summons issued \r\nby a Court under the said Code shall be deemend to be valid service, see Punjab Gazette, Ext., 1951, dated the 1st September, 1951, p. 1743.  \r\n(vii)all Civil and Revenue Courts in the Union of Burma, in respect of Baluchistan; and service by such Courts of any summons  issued under the s aid Code by a Court in \r\nBaluchistan shall be deemed to be valid service see Gaz. of P., Ext., 1954, p. 1873.  \r\n(viii)all Civil and Revenue Courts in the Union of Burma, in respect of Karachi; and service by such Courts of any summons is sued under the said Code by a Court in Karachi \r\nshall be deemed to be valid service, see Gaz. of p., Extra., 1954, p. 1997. \r\n(ix)all Civil and Revenue Courts of the Union of Burma; and service by such Courts of Summonss issued under the said Code by A Court in East Bengal shall be  deemed to \r\nbe valid service, see Dacca Gazette, Ext., dated 18th October, 1954, Pt. I, p. 3053.  \r\n(x)all Civil and Revenue Courts of the Union of Burma; and service by such Courts of any summons issued under the said Code b y a Court in the N.W.F.P, shall be deemed \r\nto be valid service, see N.W.F.P, Gazette, 1954, Pt. I, p. 523. \r\n(xi)all Civil and Revenue Courts of the Union of Burma; and service by such Courts of any summons issued under the said Code by a Court in the Province of Punjab, shall be \r\ndeemed to be valid service, see Gaz. of Punjab, 1954, Pt. I, p. 843. \r\n(xii)all Civil and Revenue Courts of the Union of Burma; and service by such Courts of any summons issued under the said Code  by a Court in the Province of Sind, shall be \r\ndeemed to be valid service, w.e.f. 18th October, 1954, see Gaz. of Sind, 1954, pt I, p. 940. \r\n(xiii)all Civil and Revenue Courts in the Federal Republic of Germany; and service by such Courts of summons issued under the  said Code by a Court in Baluchistan shall be \r\ndeemed to be valid service, see Gaz. of P. 1955, Pt. I, p. 126. \r\n(xiv)the summonses issued by any Civil or Revenue Courts in Pakistan may be sent to the Courts in the Union of Burma and serv ed as if they had been issued by such Courts, \r\nsee Gaz of 1955, P.I, p. 143. \r\n(xv)service by any Court situated in Pakistan, of any summons issued by a Court of the Union of Burma shall be deemed to be valid service , see Gaz. of P., 1955, Pt. I, p. 143. \r\n(xvi)all Civil and Revenue Courts in the Federal Republic of Germany an services by such Cou rts of any summons issued under the said Code by a Court in Karachi, shall be \r\ndeemed to be valid service, with effect on and from the 1st June, 1955, see Gaz. Of P., 1955, Pt. VI, p. 102. \r\n(xvii)all Civil and Revenue Courts in the Federal Republic of German y; and service by such Courts of any summons issued under the said Code by a Court in the Province of \r\nEast Bengal shall be deemed to be valid service see Dacca Gazette, 1955, Pt. I, p. 1051. \r\n(xviii)all Civil Courts in Switzerland and the service by such Courts of any summons issued under the Code (C.Pr.C.) by a Court in the Province of W. Pakistan shall be deemed \r\nto be valid service, see W.P. Gaz., 1959, Ext. p. 843. \r\n2Ins. by the Code of Civil Procedure (Amdt.) Act, 1940 (34 of 1940). \r\n   \r\n \r\nPage 21 of 318 \r\n \r\nor Revenue Court situate 1[outside 2[Pakistan]] may be sent to the Courts 1[in 2[Pakistan]] and served \r\nas if they 3[were summonses] issued by such Courts: \r\n4[Provided that the Courts issuing such summonses 5[or processes] have been established or \r\ncontinued by the authority of the 6[Federal Government] 7[*  *  *] or that  the  Provincial Government  \r\n8[of the Province in which such summonses or processes are] to be served has by notification in the \r\nofficial Gazette declared the provisions of this section to apply to 9[such Courts].] \r\n30. Power to order discovery and the like. Subject to such conditions and limitations as may \r\nbe prescribed, the Court may, at any time, either of its own motion or on the application of any party,__ \r\n(a) make such orders as may be necessary or reasonable in all matters relating to \r\nthe delivery and answering of interrogatories, the admission of documents and \r\nfacts, and the discovery, inspection, production, impounding and return of \r\ndocuments or other material objects producible as evidence ; \r\n(b) issue summonses to persons whose attendance is required  either to give \r\nevidence or to produce documents or such other objects as aforesaid ; \r\n(c) order any fact to be proved by affidavit. \r\n31. Summons to witness. The provisions in sections 27, 28 and 29 shall apply to summonses \r\nto give evidence or to produce documents or other material objects. \r\n32. Penalty for default.  The Court may compel the attendance of any person to whom a \r\nsummons has been issued under section 30 and for that purpose may___ \r\n(a) issue a warrant for his arrest ; \r\n(b) attach and sell his property ; \r\n(c) impose a fine upon him not exceeding 10[two thousand] rupees ; \r\n(d) order him to furnish security for his appearance and in default commit him to \r\n10[* * *] prison. \r\nJUDGMENT AND DECREE \r\n33. Judgment and decree. The Court, after the case has been heard, shall pronounce judgment, \r\nand on such judgment 11[* * *] a decree shall follow. \r\n \r\n \r\n1Subs. by the Adaptation of Central Acts and Ordinances Order, 1949 (Order No. 4 of 1949) Art. 3 and Sch.   \r\n2Subs. by the Central Laws (Statute Reform) Ordinance, No. XXI of 1960, s.3 and 2nd Sch. (w. e. f the 14th October, 1955). \r\n3Subs. by the Code of Civil Procedure (Amdt.) Act No. XXXIV of 1940, s. 2(1) (a) (ii). \r\n4Subs. by Adaptation Order, 1937. \r\n5Ins. by Act No. XXXIV of 1940, s. 2 (1) (b) (i). \r\n6Subs. by Federal Adaptation Order, 1975, Art. 2 and Table. \r\n7The words “or of the Crown Representative” omitted by Adaptation Order, 1949. \r\n8Subs. by Act No. XXXIV of 1940, s.2 (1) (b) (ii) The substitution with the omission of the words “or processes” is to be deemed to have taken effect on \r\nthe 1st day of April, 1937. \r\n9Subs. ibid. s. 2 (1) (b) (iii) The substitution is to be deemed to have taken effect on the 1st April, 1937. \r\n10Subs. & omitted by Act XIV of 1994, s. 6. \r\n11Omitted by Act No. XIX of 2023, s. 7. \r\n \r\n   \r\n \r\nPage 22 of 318 \r\n \r\nINTEREST \r\n34. Interest.__ (1) Where and in so far as a decree is for the payment of money, the Court may, \r\nin the decree, order interest at such rate as the Court deems reasonable to be paid on the principal sum \r\nadjudged, from the date of the suit to the date of the  decree, in  ad dition to any interest  adjudged on  \r\nsuch principal sum for any period prior to the institution of the suit, with further interest at such rate \r\nas the Court deems reasonable on the aggregate  sum so adjudged, from the date of the decree to the \r\ndate of payment, or to such earlier date as the Court thinks fit. \r\n(2) Where such a decree is silent with respect to the payment of further interest on such \r\naggregate sum as aforesaid from the date of the decree to the date of payment or other earlier date, the \r\nCourt shall be deemed to have refused such interest, and a separate suit therefore shall not lie. \r\n1[34A. Interest on public dues. __ (1) Where the Court is of opinion that a suit was instituted \r\nwith intent to avoid the payment of any public dues payable by the plaintiff or on his behalf, the Court \r\nmay, while dismissing such suit, make an order for payment of interest on such public dues at the rate \r\nof two per cent, above the prevailing bank rate. \r\n(2) Where the court is of opinion that the recovery of any public due s from the plaintiff was \r\nunjustified, the Court may, while disposing of the suit, make an order for payment of interest on the \r\namount recovered at the rate of two per cent, above the prevailing bank rate. \r\nExplanation.__ In this section,__ \r\n(a) “bank rate ” means the bank rate determined and made public under the \r\nprovisions of the State Bank of Pakistan Act, 1956 (XXXIII of 1956) ; and \r\n(b) “public dues” includes the dues of any bank owned by the Federal Government \r\nor of any corporation or undertaking owned o r controlled by the Federal \r\nGovernment or a Provincial Government or of any local authority.] \r\n2[34B.  Interest, etc. on dues of banking company.__ Where  and  in  so  far  as  a  decree  is  \r\nfor payment of money due to a banking company in repayment of a loan advanced by it, the Court \r\nshall, in the decree, provide for interest or return, as the case may be, on the judgment debt from the \r\ndate of  decree till payment__ \r\n(a) in the case of interest­bearing loans, for interest at the contracted rate or at the \r\nrate of two per cent above the bank rate, whichever is the higher ; \r\n(b) in the case of loans given on the basis of mark­up in price, lease, hire­purchase \r\nor service charges, for the contracted rate of mark­up, rental, hire or service \r\ncharges, as the case ma y be, or at the latest rate of the banking company for \r\nsimilar loans, whichever is the higher ;  and \r\n(c) in the case of loans given on the basis of participation in profit and loss, for \r\nreturn at such  rate, not being less than the annual rate of profit for the preceding \r\nsix months paid by the banking company on term deposits of six months \r\naccepted by it  on the basis of  participation in profit and loss,  as the court may \r\nconsider just and reasonable in  the circumstances of the case, keeping in view \r\n \r\n1New section 34A was ins. by the Code of Civil Procedure (Amdt.) Ordinance, No. X of 1980) s.3. \r\n2Section 34B ins. by the Code of Civil Procedure (Amdt.) Ordinance, No. LXIII of 1980, s. 2. \r\n   \r\n \r\nPage 23 of 318 \r\n \r\nthe profit­sharing agreement entered  into between the banking company and \r\nthe judgement debtor when the loan was contracted. \r\nExplanation.__ In this section in clause (a), “bank rate” has the same meaning as in section \r\n34A.]. \r\nCOSTS \r\n1[35. Costs.__ (1) Subject to such conditions and limitations , as may be prescribed, and to the \r\nprovisions of any law for the time being in force,__  \r\n(i) a party to any proceedings shall, before the announcement of final order, \r\njudgment or decree, file in the prescribed form, detail of actual costs of \r\nlitigation, including but not limited to court fee, stamp fee, fee paid to counsel \r\nand all other ancillary or incidental expenses thereto; \r\n(ii) the Court shall award the actual costs of litigation under clause (i) to the \r\nsuccessful party with markup not exceeding the prescribed limit per annum, as \r\nnotified by the State Bank of Pakistan, at the time of passing the order, \r\njudgement or decree; \r\n(iii)  the costs other than those mentioned in clause (i) shall be in the discretion of the \r\nCourt; and  \r\n(iv)  the Court shall have full power to determine out of what property such costs are \r\nto be paid and recovered and to give all necessary directions for the purpose \r\naforesaid. \r\n(2) The fact the Court has no jurisdiction in respect of the proceedings shall  be no bar to the \r\nexercise of such powers under this section.  \r\n35A. Adjournment costs.__ If, on the date fixed for hearing in any proceedings, a party to the \r\nproceedings or any other person, despite service of notice, fails to appear or comply with any order of \r\nthe Court or mandator y provision of the Code or any other law for the time being in force, seeks an \r\nadjournment for such purpose, the Court shall, for sufficient cause and reasons to be recovered, grant \r\nsuch adjournment on the condition that such party or person shall pay to t he other party, costs of \r\nadjournment which shall not be less than five thousand Rupees per adjournment or such higher amount \r\nas may be prescribed from time to time: \r\nProvided that if the Court is satisfied that the adjournment being sought is on account of \r\nunavoidable reasons beyond the control of the party concerned, which reasons shall be recorded by the \r\nCourt, the Court may grant adjournment without imposing adjournment cost: \r\nProvided further that if the Court finds that there is a tendency of seeking rep eated \r\nadjournments by any party on such grounds, the Court may not grant adjournment without imposing \r\nthe adjournment costs as the Court may deem fit. \r\n35B. Special costs.__ (1) If in any proceedings, the Court finds that any averment made by any \r\nparty is false or vexatious to the knowledge of such party, the Court shall award special costs to the \r\nopposite party against whom such averment has been made. \r\n1Subs. by Act No. XVII of 2017, s. 2. \r\n   \r\n \r\nPage 24 of 318 \r\n \r\n (2) The amount of any special costs awarded under sub-section (1) shall be taken into account \r\nin any subsequent suit for damages or compensation in respect of such claim or defence. \r\n35C. General provisions as to costs. __ The Government shall not be liable to costs under \r\nsection 35, 35A and 35B. \r\nExplanation.__ In sections 35, 35A and 35B, the expres sion “proceedings” includes suit , \r\nappeal, review, revision, execution or any other proceedings and any matter incidental therto.] \r\n \r\nPART II \r\nEXECUTION \r\nGENERAL \r\n \r\n 36. Application to orders.  The provisions of this Code relating to the execution of decrees \r\nshall, so far as they are applicable, be deemed to apply to the execution of orders. \r\n37. Definition of Court which passed a decree.  The expression “Court which passed a \r\ndecree,” or words to that effect, shall, in relation to the execution of decrees, unless there is anything \r\nrepugnant in the subject or context, be deemed to include,__ \r\n(a)   where the decree to be executed has been passed in the exercise of  appellate \r\njurisdiction, the Court of first instance, and \r\n(b)   where the Court of first instance has ceased to exist or to have jurisdiction to \r\nexecute it, the Court which, if the suit wherein the decree was passed was \r\ninstituted at the time of making the application for the execution of the decree, \r\nwould have Jurisdiction to try such suit. \r\nCOURTS BY WHICH DECREES MAY BE EXECUTED \r\n38. Court by which decree may be executed. A decree may be executed either by the Court \r\nwhich passed it, or by the Court to which it is sent for execution. \r\n39. Transfer of decree.__ (1) The Court which passed a decree may, on the application of the  \r\ndecree­holder, send it for execution to another Court,__ \r\n(a) if the person against whom the decree is passed actually and voluntarily resides \r\nor carries on business, or personally works for gain, within the local limits of \r\nthe jurisdiction of such other Court, or \r\n(b) if such person has not property within the local limits of the jurisdiction of the \r\nCourt which passed the decree sufficient to satisfy such decree and has property   \r\nwithin the local limits   of the jurisdiction of such other Court, or \r\n(c) if the decree directs the sale or delivery of immoveable property situate outside \r\nthe local limits of the Jurisdiction of the Court which passed it, or \r\n(d) if the Court which passed the decree considers for any other reason, which it \r\nshall record in writing, that the decree should be executed by such other Court. \r\n \r\n   \r\n \r\nPage 25 of 318 \r\n \r\n(2) The Court which passed a decree may of its own motion send it for executio n to any \r\nsubordinate Court of competent jurisdiction. \r\n40. Transfer of decree to Court in another Province.  Where a decree is sent for execution \r\nin another Province, it shall be sent to such Court and executed in such manner as may be prescribed \r\nby rules in force in that Province. \r\n41. Results of execution proceeding to be certified . The Court to which a decree is sent for \r\nexecution shall certify to the Court which passed it the fact of such execution, or where the former \r\nCourt fails to execute the same the circumstances attending such failure. \r\n1[42. Powers of Court in executing transferred decree. __ (1)] The Court executing a decree \r\nsent to it shall have the same powers in executing such decree as if it had been passed by itself. All \r\npersons disobeying or obstructing the execution of the decree shall be punishable by such Court in the \r\nsame manner as if it had passed the decree. And its order in executing such decree shall be subject to \r\nthe same rules in respect of appeal as if the decree had been passed by itself. \r\n2[(2) Without prejudice to the generality of the foregoing provision, the Court executing a \r\ndecree sent to it shall have the following powers, namely:__ \r\n(a) power under section 39 to transfer the decree to another Court, if necessary; \r\n(b) Power under sub­section (1) of section 50 to permit execution to proceed against \r\nthe legal representatives, of a deceased judgment debtor ; \r\n(c) power under section 152 to correct clerical or arithmetical errors ; \r\n(d) power under rule 16 of Order XXI to recognise the assignment of a decree ; \r\n(e) power under sub rule (2) of rule 50 of Order XXI to grant leave to a decr ee \r\nholder to proceed against a person not already recognised as a partner in a firm \r\nin an execution proceeding against the firm ; \r\n(f) power under clause (b) of sub­rule (1) of rule 53 of Order XXI to give notice of \r\nattachment of decree passed by another Court.] \r\n43. Execution of decrees passed by British Courts in places to which this Part does not \r\nextend or in foreign territory.  Any decree passed by a Civil Court established in any 3[area in \r\nPakistan] to which the provisions relating to execution do not ext end, 4[*  *  *] may,  if it  cannot be \r\nexecuted within  the jurisdiction of the Court by which it was passed, be executed in manner herein \r\nprovided within the jurisdiction of any Court in 5[Pakistan]. \r\n644. [Omitted] \r\n \r\n \r\n1S. 42 renumbered as sub­section (1) of that section by the Code of civil Procedure (Amdt.) Ordinance, No. XLIV of 1962, s. 10. \r\n2Sub­section (2) added ibid. \r\n3Amended by Adaptation Order, 1949 and the Central Laws (Statute Refrom) Ordinance, No. XXI of 1960, s.3 and 2nd Sch. (with effect from the 14th \r\nOctober, 1955). \r\n4The words “or by Court established or continued by the authority of the Federal Government in any Acceding State,” omitted by the Federal Laws \r\n(Revision and Declration) Ordinance, No. XXVII of 1981, s. 3 and Second Sch. \r\n5Subs. by the Central Laws (Statute Reform) Ordinance, No. XXI of 1960, s. 3 and 2nd Sch. (w. e. f the 14th October, 1955). \r\n6Omitted by the Federal Laws (Revision and Declaration) Ordinance, No. XXVII of 1981, s. 3 and Second Schedule. \r\n   \r\n \r\nPage 26 of 318 \r\n \r\n1[44A. Execution of decrees passed by Courts in the United Kingdom and other \r\nreciprocating territory.__ (1)  Where  a  certified  copy  of  a  decree  of  any  of  the  superior  Courts  \r\nof  the  United Kingdom or any reciprocating territory has been filed in a  District  Court, the  decree  \r\nmay be  executed  in 2[Pakistan] as if it had been passed by the District Court. \r\n(2) Together with the certified copy of the decree shall be filed a certificate from such superior \r\nCourt stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate \r\nshall, for the purposes of proceedings under this section, be conclusive proof of the extent of such \r\nsatisfaction or adjustment. \r\n(3) The provisions of section 47 shall as from the filing of the certified copy of the decree apply \r\nto the proceedings of a District Court executing a decree under this section, and the District Court shall \r\nrefuse execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls \r\nwithin any of the exceptions specified in clauses (a) to (f) of section 13. \r\nExplanation 1.__ “Superior Courts”, with reference to the United Kingdom, means the High \r\nCourt in England, the Court of  Session in Scotland, the High Court in Northern Ireland the Court of \r\nChancery of the Country Palatine of Lancaster and the Court of Chancery of the County Palatine of \r\nDurham. \r\nExplanation 2.__ “Reciprocating territory” means 3[the United Kingdom and such other country \r\nor territory as] the 4[Federal Government] may, from time to time, by not ification in the 5[official \r\nGazette], declare6 to be reciprocating territory for the purposes of this section; and \"superior Courts\", \r\nwith reference to any such territory, means such Courts as may be specified in the said notification. \r\nExplanation 3.__ “Decree”, with reference to a superior Court, means any decree or judgment \r\nof such Court under which a sum of money is payable, not being a sum payable in  respect of taxes or    \r\nother charges of a like nature or in respect of a fine or other penalty, and \r\n(a)    with reference to superior Courts in the United Kingdom, includes Judgments \r\ngiven and decrees made in any Court in appeals against such decrees or \r\nJudgments, but \r\n(b)    in no case includes an arbitration award, even if such award is enforceable as a \r\ndecree or Judgment.] \r\n \r\n \r\n1S. 44A ins. by the Code of Civil Procedure (Amdt.) Act No. VIII of 1937. s. 2. \r\n2Subs. by the Central Laws (Statute Reform) Ordinance, No. XXI of 1960, s. 3 and 2nd Sch. (w. e. f the 14th October, 1955). \r\n3Subs. by the Civil and Criminal Procedure Codes (Amdt.) Ordinance, No. LXVII 1962, s. 3. \r\n4Subs. by Federal Adaptation Order, 1975, Art. 2 and Table.  \r\n5Subs. by Adaptation Order, 1937. \r\n6The Central Govt. has declared Fiji to be a reciprocating territory and the Supreme Court of Fiji to be a Superior Court of t he territory for the purposes \r\nof this section, see Gaz. of P., 1949, Pt. I, p. 275. \r\nCertain Courts of Pakistan have been declared to be superior Courts for the purpose of Part I of the Foreign Judgments ( Reciprocal Enforcement) Act, \r\n1933 (23 Geo. 5, ch, 13), see Gaz. of P., 1953, Pt. I , pp. 143­44 \r\nThe Central Government has declared the Colony of Singapore to be a reciprocating territory, and the Supreme Court of Singapore to be a superior Court \r\nof the territory for the purpose of this section. see Gaz. of P. 1954, Pt. I, p. 106. \r\nCertain Courts in Pakistan have been declared to be superior Court for the purpose of section 5 of the Reciprocal Enforcement of Judgment Ordinance of \r\nSingapore, see Gaz. of P., 1954, Pt. I, p. 296. \r\nThe Central Government has declared the Australian Capital Territory to be a reciprocating territory, and the Supreme Court o f Australian Capital \r\nTerritory to be a superior Court of the territory for the purposes of this section, see Gaz. of P., 1957, Pt. I, p. 174. \r\nThe Central Government has declared “New Zealand including the Cook Islands (including Nive) and the Trust Territory of Western Samao ” to be a \r\nreciprocating territory, and the Supreme Court of New Zealand to be a superior Court of that territory, for the purposes of this secti on (with effect from \r\n7th August, 1958), see Gaz. of 1958 Pt. I, p. 455. \r\nThe Central Government has declared the Northern Territory of Australia to be reciprocating territory, and the Supreme Court of the said territory to be \r\na superior Court of the territory for the purposes of this section, see Gaz. of P., 1959, Pt. I, p. 425. \r\n \r\n   \r\n \r\nPage 27 of 318 \r\n \r\n45. 1[Omitted] \r\n46. Precepts.__ (1) Upon the application of the decree­holder the Court which passed the decree \r\nmay, whenever it thinks fit, issue a precept to any other Court which would be  competent  to execute  \r\nsuch decree to attach any property belonging to the judgment­debtor and specified in the precept. \r\n(2) The Court to which a precept is sent shall proceed to attach the property in the manner \r\nprescribed in regard to the attachment of property in execution of a decree : \r\nProvided that no attachment under a precept shall continue for more than two months un less \r\nthe period of attachment is extended by an order of the Court which passed the decree or unless before \r\nthe determination of such attachment the decree has been transferred to the Court by which the \r\nattachment has been made and the decree­holder has applied for an order for the sale of such property. \r\nQUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE \r\n47. Questions  to  be  determined  by  the  Court  executing  decree. __ (1) All questions \r\narising between the parties to the suit in which the  decree  w as passed, or their representatives, and \r\nrelating to the execution, discharge or satisfaction of the decree, shall be determined by the Court \r\nexecuting the decree and not by a separate suit. \r\n(2) The Court may, subject to any objection as to limitation or j urisdiction, treat a proceeding \r\nunder this section as a suit or a suit as a proceeding and may, if necessary, order payment of any \r\nadditional court­fees. \r\n(3) Where a question arises as to whether any person is or is not the representative of a party, \r\nsuch question shall, for the purposes of this section, be determined by the Court. \r\nExplanation.__ For the purposes of this section, a plaintiff whose suit has been dismissed and a \r\ndefendant against whom a suit has been dismissed, are parties to the suit. \r\nLIMIT OF TIME FOR EXECUTION \r\n248. Execution barred in certain cases .__ (1) Where an application to execute a decree not \r\nbeing a decree granting an injunction has been made, no order for the execution of the same decree \r\nshall be made upon any fresh application presented after the expiration of 3[six years] from__ \r\n(a) the date of the decree sought to be executed, or, \r\n(b) where the decree or any subsequent order directs any payment of money or the \r\ndelivery of any property to be made at a certain date or at recurring periods, the \r\ndate of the default in making the payment or delivery in respect of which the \r\napplicant seeks to execute the decree. \r\n(2) Nothing in this section shall be deemed__ \r\n \r\n \r\n1Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Second Schedule. \r\n2This section has been amended in its application to Sind by the Sind Rural Credit and Land Transfer Act No. XLIX of 1947, s. 18. \r\n3Subs. by the Law Reforms Ordinance, No. XII of 1972, s. 2 and Sch. \r\n \r\n   \r\n \r\nPage 28 of 318 \r\n \r\n(a) to preclude the Court from ordering the execution of a decree upon an \r\napplication presented after the expiration of the said term of 1[six years], \r\nwhere the judgment­debtor has, by fraud or force, prevented the execution of \r\nthe decree at some time within 1[six years] immediately before the date of the \r\napplication ;or \r\n(b) to limit or otherwise affect the operation of article 2[183 of the First Schedule \r\nto the Limitation Act, 1908 (IX of 1908).] \r\nTRANSFEREES AND LEGAL REPRESENTATIVES \r\n49. Transferee. Every transferee of a decree shall hold the same subject to the equities (if any) \r\nwhich the Judgment­debtor might have enforced against the original decree­holder. \r\n50. Legal  representative.__ (1) Where a judgment­debtor dies before the decree has been fully \r\nsatisfied, the holder of the decree may apply to the Court which passed it  to execute the same  against  \r\nthe legal representative of the deceased. \r\n(2) Where the decree is executed against such legal representative, he shall be liable only to the \r\nextent of the property of the deceased which has come to his hands and has not been duly disposed of \r\n; and, for the purpose of ascertaining such liability, the Court executing the decree may, of its own \r\nmotion or on the application of the decree­holder, compel such legal representative to produce such \r\naccounts as it thinks fit. \r\nPROCEDURE IN EXECUTION \r\n51. Powers of Court to enforce execution. Subject to such conditions and limitations as may \r\nbe prescribed, the Court may, on the application of the decree­holder, order execution of the decree__ \r\n(a) by delivery of any property specifically decreed; \r\n(b) by attachment and sale or by sale without attachment of any property ; \r\n(c) by arrest and detention in prison ; \r\n(d) by appointing a receiver ; or \r\n(e) in such other manner as the nature of the relief granted may require: \r\n3[Provided that, 4[* * * ]   execution by detention in prison shall not be ordere d unless, after \r\ngiving the judgment­debtor an opportunity of showing cause why he should not be committed to \r\nprison, the Court, for reasons recorded in writing, is satisfied__ \r\n(a) that the judgment­debtor, with the object or effect of obstructing or delaying the \r\nexecution of the decree,__ \r\n \r\n \r\n1Subs. by the Law Reform Ordinance, No. XII of 1972, s. 2 and Sch.  \r\n2Subs. by the Code of Civil Procedure (Amdt.) Act No. XXXIV of 1940, s. 3.  \r\n3Proviso and Explanation were ins. by the Code of Civil Procedure (Amdt.) Act No. XXI of 1936, s. 2. \r\n4The words and commas, “where the decree is for the payment of money,” were omitted by the Code of Civil Procedure (Amdt.) Ordinance, No. X of \r\n1980), s. 4. \r\n   \r\n \r\nPage 29 of 318 \r\n \r\n(i) is likely to abscond or leave the local limits of the jurisdiction of the \r\nCourt, or \r\n(ii) has, after the institution of the suit in which the decree was passed, \r\ndishonestly transferred, concealed, or removed any part of his property, \r\nor committed any other   act of bad faith in relation to his property ; or \r\n(b) that the judgment­debtor has, or has had since the date of the decree, the means \r\nto pay the amount of the decree or some substantial part thereof and refuses or \r\nneglects or has refused or neglected to pay the same, or \r\n(c) that the decree is f or a sum  for which the judgment -debtor was bound in  a \r\nfiduciary capacity to account. \r\nExplanation.__ In the calculation of the means of the judgment­debtor for the purposes of clause \r\n(b), there shall be left out of account  any property which, by or under any law or custom having the  \r\nforce of law for the time being in force, is exempt from attachment in execution of the decree.] \r\n52. Enforcement of decree against legal representative. __ (1) Where a decree is passed \r\nagainst a party as the legal representative of a deceased person, and the  decree  is for the  payment  of \r\nmoney out of the property of the deceased, it may be executed by the attachment and sale of any such \r\nproperty. \r\n(2) Where no such property remains in the possession of the judgment­debtor and he fails  to \r\nsatisfy the Court that he has duly applied such property of the deceased as is proved to have come into \r\nhis possession, the decree may be executed against the judgment­debtor to the extent of the property \r\nin respect of which he has failed so to satisfy  the Court in the same manner as if the decree had been \r\nagainst him personally. \r\n53. Liability of ancestral property. For the purposes of section 50 and section 52, property in \r\nthe hands of a son or other descendant which is liable under Hindu law for the payment of the debt of \r\na deceased ancestor, in respect of which a decree has been passed, shall be deemed to be property of \r\nthe deceased which has come to the hands of the son or other descendant as his legal representative. \r\n54. Partition of estate of seper ation of share.  Where the decree is for the partition of an \r\nundivided estate assessed to the payment of revenue to 1[the Government], or for the separate \r\npossession of a share of such an estate, the partition of the estate or the separation of the share shall be \r\nmade by the Collector or any gazetted subordinate of the Collector deputed by him in this behalf, in \r\naccordance with the law (if any) for the time being in force relating to the partition, or the separate \r\npossession of shares, of such estates. \r\nARREST AND DETENTION \r\n55. Arrest and detention.__ (1) A judgment­debtor may be arrested in execution of a decree at \r\nany hour and on any day, and shall, as soon as practicable, be brought before the Court 2[which may \r\nmake an order for his detention in prison to suffer simple imprisonment for a period not exceeding one \r\nyear] : \r\n \r\n \r\n1Amended by Adaptation Order, 1961, Art. 2 (with effect from the 23rd March, 1956), to read as above. \r\n2Subs. by Ordinance, X of 1980, s. 5. \r\n   \r\n \r\nPage 30 of 318 \r\n \r\nProvided, firstly, that, for the purpose of making an arrest under this section, no dwelling­house \r\nshall be entered after sunset and before sunrise: \r\nProvided, secondly, that no outer door of a dwelling­house shall be broken open unless such \r\ndwelling­house is in the occupancy of the judgment­debtor and h e refuses or in any way prevents \r\naccess thereto, but when the officer authorised to make the arrest his duly gained access to any \r\ndwelling­house, he may break open the door of any room in which he has reason to believe the \r\njudgment­debtor is to be found: \r\nProvided, thirdly, that, if the room is in the actual occupancy of a woman who is not the \r\njudgement­debtor and who according to the customs of the country does not appear in public, the \r\nofficer authorised to make the arrest shall give notice to her that she is at liberty to withdraw, and, after \r\nallowing a reasonable time for her to withdraw and giving her reasonable facility for withdrawing, \r\nmay enter the room for the purpose of making the arrest: \r\nProvided, fourthly, that, where the decree in execution of which a judgment­debtor is arrested, \r\nis a decree for the payment of money and the judgment­debtor pays the amount of the decree and the \r\ncosts   of the arrest to the officer arresting him, such officer shall at once release him. \r\n(2) The 1[Provincial Government] may, by notification in the 1[official Gazette], declare that \r\nany person or class of persons whose arrest might be attended with danger or inconvenience to the \r\npublic shall not be liable to arrest in execution of a decree otherwise than in accordance with such \r\nprocedure as may be prescribed by the 1[Provincial Government] in this behalf. \r\n2[(3) A judgment­debtor detained in prison under sub­section (1) shall not, merely by reason \r\nof undergoing such imprisonment, be discharged from his  liability under the decree, but he shall not \r\nbe liable to be re­arrested under the decree in execution of which he was so detained in prison.] \r\n56. Prohibition of arrest or detention of women in execution  of decree for money.  \r\nNotwithstanding anything in this Part, the Court shall not order the arrest or detention in the 2[*] prison \r\nof a women in execution of a decree for the payment of money. \r\n3[57. Subsistence Allowance.] Omitted by the Code of Civil Procedure (Amdt.) Ordinance, \r\n1980 (X of 1980), s. 7. \r\n2[58. Release from detention.__ Every person detained in prison in execution of a decree shall \r\nbe released from such detention, before the expiry of the period of detention, if__ \r\n(a) the amount mentioned in the warrant for his detention is paid to the officer in \r\ncharge of the prison ; or \r\n(b) the decree against him is otherwise fully satisfied ; or \r\n(c) the person on whose application he has been detained so requests: \r\n \r\n \r\n \r\n \r\n1Subs. by Adaptation Order, 1937. \r\n2Subs., omitted and amended by Ordinance, X of 1980, ss. 5, 6, 8. \r\n3Amended by Adaptation Order, 1937. \r\n   \r\n \r\nPage 31 of 318 \r\n \r\n Provided that he shall not be released from such detention without the order of the Court.] \r\n159. [Release on ground of illness.] Omitted by the Code of Civil Procedure (Amdt.) Ordinance, \r\n1980 (X of 1980), s. 9. \r\nATTACHMENT \r\n60. Property liable to attachment and sale in execution of decree .__ (1) The following \r\nproperty is liable to attachment and sale in execution of a decree, namely,  lands,  houses  or  other  \r\nbuildings, goods, money,  bank­notes, cheques, bills of exchange, hundis,  promissory  notes,  \r\nGovernment securities, bonds or other securities for money, debts, shares in a corporation and, save as \r\nhereinafter mentioned, all other saleable property, moveable or immoveable, belonging to the \r\njudgment­debtor or over which, or the profits of which, he has a disposing power which he may \r\nexercise for  his  own  benefit, whether the same  be  held in  the  name  of the  judgment­debtor or by \r\nanother person in  trust  for him or on his behalf : \r\nProvided that the following particulars shall not be liable to such attachment or sale, namely:__ \r\n(a) the necessary wearing­apparel, cooking vessels, beds and bedding of the \r\njudgment­debtor, his wife and children, and such personal ornaments as, in \r\naccordance with religious usage, cannot be parted with by any woman ; \r\n(b) tools of artisans, and, where the judgment­debtor is an agriculturist, his \r\nimplements of husbandry and such cattle and seed­grain as may, in the opinion \r\nof the Court, be necessary to enable him to earn his livelihood as such, and such \r\nportion of agricultural produce or of any class of agricultural produce as may \r\nhave been declared to be free from liability under the provisions of the next \r\nfollowing section; \r\n(c) houses and other buildings (with the materials and the sites thereof and the  land  \r\nimmediately appurtenant thereto and necessary for their enjoyment) belonging \r\nto an agriculturist and occupied by him ; \r\n(d) books of account ; \r\n(e) a mere right to sue for damages ; \r\n(f) any right of personal service ; \r\n(g) stipends and gratuities allowed to 2[pensioners of the Government], or payable \r\nout of any service family pension fund notified 3 in the 4[official Gazette] by \r\n4[the 5[Federal Government] or the Provincial Government] in this behalf, and \r\npolitical pensions ; \r\n \r\n1Amended by Adaptation Order, 1937. \r\n2Amended by Adaptation Order, 1961, Art. 2 (with effect from the 23rd March, 1956), to read as above. \r\n3For such Notification, see Gazette of India, 1909 Pt. I, p.5. \r\n4Subs. by Adaptation Order, 1937. \r\n5Subs. by Federal Adaptation Order, 1975, Art. 2 and Table. \r\n  \r\n   \r\n \r\nPage 32 of 318 \r\n \r\n1[(h)  the wages of labourers and domestic servants, whether payable in money or in \r\nkind ; 2[* * *] ; \r\n2[(i)  salary to the extent of the first hundred rupees and one­half of the remainder: \r\nProvided that where such salary is the salary of a 3[servant of the State] or a servant  of \r\na  railway  4[*] or local authority, and the whole or any part of the portion of \r\nsuch salary liable to attachment has  been under attachment, whether \r\ncontinuously or intermittently for a total  period  of  twenty­four  months, such \r\nportion shall be exempt from attachment until the expiry of a further period of \r\ntwelve months and, where such attachment has been made in execution of one \r\nand the same decree, shall be fin ally exempt from attachment in execution of \r\nthat decree ;]] \r\n(j) the pay and allowances of persons to whom the  5[ 6[Pakistan Army Act, 1952 \r\n(XXXIX of 1952)],  7[* * *] applies],8[or of persons other than commissioned \r\nofficers to whom the 9[Pakistan Navy Ordinance, 1961, ( XXXV of 1961 ), \r\napplies] ; \r\n(k) all compulsory deposits and other sums in or derived from any fund to which \r\nthe Provident Funds Act, 1[1925 (XIX of 1925 )], for the time being applies in  \r\nso far as they are declared  by the said Act not to be liable to attachment; \r\n1[(l)  any allowance forming part of the emoluments of any 3[servant of the State] or \r\nof any servant of a railway 4[*] or local authority which the 10[appropriate \r\nGovernment] may by notification 11 in the 13[official Gazette] declare to be \r\nexempt from attachment, and any subsistence grant or allowance made to 13[any \r\nsuch servant] while under suspension ;] \r\n(m) an expectancy of succession by survivorship or other merely contingent or \r\npossible right or interest ; \r\n(n) a right to future maintenance ; \r\n(o) any allowance declared by 14[any Pakistan law] to be exempt from liability to \r\nattachment or sale in execution of a decree ; and \r\n \r\n \r\n1Subs. and Ins. by Act, IX of 1937, s. 2. \r\n2Subs. and omitted by Act, V of 1943, s. 2. \r\n3Subs. by Adaptation Order, 1961, Art. 2 and Sch., (with effect from the 23rd March,, 1956).  \r\n4Omitted by Ordinance, XLIV of 1962, s. 13.  \r\n5Subs. by Adaptation Order, 1937. \r\n6Subs. by Ordinance, XXI of 1960, s. 3 and 2nd Sch., (with effect from the 14th October, 1955). \r\n7Omitted by Adaptation Order, 1949. \r\n8Ins. by the amending Act, (XXXV of 1934), s. 2 and Sch. \r\n9Subs. by Ordinance, XXVII of 1981, s. 3 and Second Sch. \r\n10Subs. by Adaptation Order, 1937. \r\n11For notification exempting certain allowances payable to any public officers in the service of the Central Government, or any  servant of a Federal \r\nRailway or of a cantonment authority or of the port authority of a major port, for attachment, see G. of I. J udicial Department Notification No. 186/37, \r\ndated 2nd October, 1940, published in the supplement to Gen. R. & O., Pt. II, Vol. VI, p.253. \r\n12Subs. by Adaptation Order, 1937. \r\n13Subs. by Act V of 1943, s. 2. \r\n14Amended by Adaptation Order, 1937, and Adaptation Order, 1949, to read as above. \r\n   \r\n \r\nPage 33 of 318 \r\n \r\n(p) where the judgment­debtor is a person liable for the payment of land­revenue, \r\nany moveable property which, under any law for the time being applicable to \r\nhim, is exempt from sale for the recovery of an arrear of such revenue. \r\n1[Explanation 1].__The particulars mentioned in clauses (g), (h), (i), (j), (l) and (o) are exempt \r\nfrom attachment or sale whether before or after they are actually payable, 1[and in the case of salary \r\nother than salary of a 2[servant of the State] or a servant of a railway  3[*] or local  authority  the \r\nattachable portion thereof is exempt from attachment until it is actually payable]. \r\n1[Explanation 2.__ In clauses (h) and (i), “salary” means the total monthly emoluments, \r\nexcluding any allowance declared exempt from attachment under the provisions of clause (l), derived \r\nby a person from his employment whether on duty or on leave.] \r\n4[Explanation 3.__ In clause (l) “appropriate Government” means__ \r\n(i)  as respects any 5[person] in the service of the  6[Federal Government], or any \r\nservant 6[of railway or] 3[* * *] of a cantonment authority or of the port authority \r\nof a major port, the 6[Federal Government] ; \r\n7[* * * * * * *] \r\n(iii)  as respects any other 2[servant of the State] or a servant of any 8[* * * ] local \r\nauthority, the Provincial Government.] \r\n(2) Nothing in this section shall be deemed__ \r\n9[*] to exempt houses and other buildings (with the materials and the sites thereof and the lands \r\nimmediately appurtenant thereto and necessary for their enjoyment) from attachment or sale in \r\nexecution of decrees for rent of any such house, building, site or land, [*]3 \r\n9[* * * * * * *] \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs., re­numbered by Act No. IX of 1937, s. 2. \r\n2Subs. by Adaptation Order, 1961, Art, 2 and Sch. (with effect from the 23rd March,, 1956), \r\n3Omitted by Ordinance, No. XLIV of 1962, s. 13. \r\n4Ins. by Adaptation Order, 1937. \r\n5Subs. by Act 5 of 1943, s.2. \r\n6Subs. by Federal Adaptation Order, 1975, Art. 2 and Table. \r\n7Omitted by Adaptation Order, 1949. \r\n8Omitted by Federal Adaptation Order, 1975, Art. 2 and Sch. (with effect from the 14th August, 1973). \r\n9Rep. by Act No. X of 1914, s. 3 and 2nd Sch. \r\n  \r\n   \r\n \r\nPage 34 of 318 \r\n \r\n61. Partial exemption of agricultural produce. The 1[Provincial Government]2* * * may, by \r\ngeneral or special order published in the  3[official Gazette, declare that such portion of agricultural \r\nproduce, or of any class of agricultural produce, as may appear to the 1[Provincial Government] to be \r\nnecessary for the purpose of providing until the next harvest for the due cultivation of the land and for  \r\nthe support of the judgment­debtor and his family,  shall,  in  the case of all agriculturists or of any \r\nclass  of agriculturists, be exempted from liability to attachment or sale in execution of a decree. \r\n62. Seizure of property in dwelling­house.__ (1) No person executing any process under this \r\nCode directing or authorizing seizure of moveable property shall enter any dwelling­house after sunset \r\nand before sunrise. \r\n(2) No outer door of a dwelling­house shall be broken open unless such dwelling­house is in \r\nthe occupancy of the judgment­debtor and he refuses or in any way prevents access thereto, but when \r\nthe person executing any such process has duly gained access to any dwe lling­house, he may break \r\nopen the door of any room in which he has reason to believe any such property to be. \r\n(3) Where a room in a dwelling­house is in the actual occupancy of a woman who, according \r\nto the customs of the country, does not appear in publi c, the person executing the process shall give \r\nnotice to such woman that she is at liberty to withdraw ; and, after allowing reasonable time for her to \r\nwithdraw and giving her reasonable facility for withdrawing, he may enter such room for the  purpose  \r\nof seizing the property, using at the same time every precaution, consistent with these provisions, to \r\nprevent its clandestine removal. \r\n63. Property attached in execution of decrees of several Courts. __ (1) Where property not \r\nin the custody of any Court is  under attachment  in  execution of decrees of more  Courts than one, of \r\nthe  Court which shall receive or realize such property and shall determine any claim thereto and any \r\nobjection to the attachment thereof shall be the Court of highest  grade, or, where there is no difference   \r\nin grade between such Courts, the Court under whose decree the property was first attached. \r\n(2) Nothing in this section shall be deemed to invalidate any proceeding taken by a Court \r\nexecuting one of such decrees. \r\n64. Private alienation of property after attachment to be void.  Where an attachment has \r\nbeen made, any private transfer or delivery of the property attached or of any interest therein and any \r\npayment to the judgment­debtor of any debt, dividend or other monies contrary to such attachment, \r\nshall be void as against all claims enforceable under the attachment. \r\nExplanation.__ For the purposes of this section, claims enforceable under an attachment include \r\nclaims for the rateable distribution of assets. \r\nSALE \r\n65. Purchaser's title. Where immoveable property is sold in execution of a decree and such \r\nsale has become absolute, the property shall be deemed to have vested in the purchaser from the time \r\nwhen the property is sold and not from the time when the sale becomes absolute. \r\n \r\n \r\n1Subs. by Adaptation Order, 1937. \r\n2Rep. by Act No. XXXVIII of 1920, s. 2 and Sch. Pt. I. \r\n3Subs. by Adaptation Order, 1937. \r\n   \r\n \r\nPage 35 of 318 \r\n \r\n66. Suit against purchaser not maintainable on ground of purchase being on behalf of  \r\nplaintiff.__ (1) No suit shall be maintained against any person claiming title under a purchase certified \r\nby the Court in such manner as may be prescribed on the ground that the purchase was made on behalf   \r\nof the plaintiff or on behalf of some one through whom the plaintiff claims. \r\n(2) Nothing in this section shall bar a suit to obtain a declaration that the name of any purchaser \r\ncertified as aforesaid was inserted in the certificate fraudulently or without the consent of the real \r\npurchaser, or interfere with the right of a third person to proceed against that property,  though \r\nostensibly sold to the certified purchaser, on the ground that it is liable to satisfy a claim of such third \r\nperson against the real owner. \r\n1[67. Power for Provincial Government to make rules as to sales of land in execution of  \r\ndecrees for payment of money.__ (1)] The 2[Provincial Government] 3[* * *], may, by notification in \r\nthe 2[official Gazette], make rules for any local area imposing conditions in respect of the sale  of any \r\nclass  of interests in land in execution of decrees for the payment of money, where such interests are \r\nso uncertain or undetermined as, in the opinion of the 2[Provincial Government], to make it impossible  \r\nto  fix their value. \r\n1[(2) When on the date on which this Code came into operation in any local area, any special \r\nrules as to sale of land in execution of decrees were in force therein, the 2[Provincial Government] \r\nmay, by notification in the 2[official Gazette], declare such rules to be in force, or may, 3[* * *] by a \r\nlike notification, modify the same. \r\n \r\nEvery notification issued in the exercise of the powers conferred by this sub­section shall set \r\nout   the rules so continued or modified.] \r\nDELEGATION TO COLLECTOR OF POWER TO EXECUTE DECREES AGAINST \r\nIMMOVEABLE PROPERTY \r\n68. Power to prescribe rules for transferring to Collector execution of certain decrees.  \r\nThe 2[Provincial Government] may, 3[* * *], declare, by notification in the 2[official Gazette], that in \r\nany local area the execution of decrees in cases in which a Court has ordered any immoveable property \r\nto be sold, or the execution of any particular kind of such decrees, or the execution of decrees ordering \r\nthe sale of any particular kind of, or interest in,  immoveable property, shall be transferred to the \r\nCollector. \r\n69. Provisions of Third Schedule to apply.  The provisions set forth in the Third Schedule \r\nshall apply to all cases in which the execution of a decree has been transferred under the last preceding \r\nsection. \r\n70. Rules of procedure.__ (1) The 2[Provincial Government] may make rules consistent with \r\nthe aforesaid provisions__ \r\n(a) for the transmission of the decree from the Court to the Collector, and for \r\nregulating the procedure of the Collector and his subordinates in executing the \r\nsame, and for retransmitting the decree from the Collector to the Court ; \r\n \r\n \r\n1Re­numbered by Act No. I of 1914, s. 3. \r\n2Subs. by Adaptation Order, 1937. \r\n3Omitted by Act No. XXXVIII of 1920, s.2 and First Sch., Pt.I. \r\n   \r\n \r\nPage 36 of 318 \r\n \r\n (b) conferring upon the Collector or any gazatted subordinate of the Collector all or \r\nany of the powers which the Court might exercise in the execution of the decree if \r\nthe execution thereof had not been transferred to the Collector ; \r\n(c) providing for orders made by the Collector or any gazat ted subordinate of the \r\nCollector, or orders on appeal with respect to such orders, being subject to appeal \r\nto, and revision by, superior revenue­authorities  as nearly as may be a s the orders \r\nmade by the Court, or orders made on appeal with respect to such orders, would be \r\nsubject to appeal to, and revision by, appellate or revisional Courts under this Code \r\nor other law for the time being in force if the decree had not been transferred to the \r\nCollector. \r\n(2) Jurisdiction of Civil Courts barred.  A power conferred by rules made under sub­section (1) \r\nupon the Collector or any gazatted subordinate of the Collector, or upon any appellate or revisional \r\nauthority, shall not be exercisable by the Court or by any Court in exercise of any appellate or re visional \r\njurisdiction which it has with respect to decrees or orders of the Court. \r\n71. Collector deemed to be acting judicially.  In executing a decree transferred to the Collector \r\nunder section 68 the Collector and his subordinates shall be deemed to be acting judicially. \r\n72. Where  Court may  authroise  Collector  to stay public  sale of land. __ (1) Where in any \r\nlocal area in which no declaration under section 68 is in force the property attached consists of land or of \r\na share in l and, and the Collector represents to the Court that the public sale of the land or share is \r\nobjectionable and that satisfaction of the decree may be made within a reasonable period  by  a  temporary \r\nalienation of the land or share, the Court may authorise the Collector to provide for such satisfaction in the \r\nmanner recommended by him instead of proceeding to a sale of the land or share. \r\n(2) In every such case the provisions of sections 69 to 71 and of any rules made in pursuance thereof \r\nshall apply so far as they are applicable. \r\nDISTRIBUTION OF ASSESTS \r\n73. Proceeds of execution sale to be rateably distributed among decree­holders.__ (1) Where  \r\nassets are held by a Court and more persons than one have, before the receipt of such assets, made \r\napplication to the Court  for the  execution of decrees for the  payment  of money passed against  the  same \r\njudgment­debtor and have not  obtained satisfaction thereof, the  assets, after deducting the  costs  of \r\nrealization, shall be rateably distributed among all such persons : \r\nProvided as follows:__ \r\n(a) where any property is sold subject to a mortgage or charge, the mortgagee or \r\nincumbrancer shall not be entitled to share in any surplus arising from such sale; \r\n(b) where any property liable to be sold in execution of a decree is subject to a mortgage \r\nor charge, the Court may, with the consent of the mortgagee or incumbrancer, order \r\nthat the property be sold free from the mortgage or charge, giving to the mortgagee \r\nor incumbrancer the same interest in the proceeds of the sa le as he had in the \r\nproperty sold ; \r\n(c) where any immoveable property is sold in execution of a decree ordering its sale \r\nfor the discharge of an incumbrance thereon, the proceeds of sale shall be applied__ \r\n \r\n   \r\n \r\nPage 37 of 318 \r\n \r\nfirst, in defraying the expenses of the sale ; \r\nsecondly, in discharging the amount due under the decree ; \r\nthirdly, in discharging the interest and principal monies due on subsequent incumbrances (if \r\nany) ; and \r\nfourthly, rateably among the holders of decrees for the payment of money against the judgment \r\ndebtor, who have, prior to the sale of the property, applied to the Court which passed the \r\ndecree ordering such sale for execution of such decrees, and have not obtained satisfaction \r\nthereof. \r\n(2) Where all or any of the assets liable to be rateably distributed under this section are paid to a person \r\nnot entitled to receive the same, any person so entitled may sue such person to compel him to refund the assets. \r\n(3) Nothing in this section affects any right of 1[the Government]. \r\nRESISTANCE TO EXECUTION \r\n2[74. Resistance to execution .__ (1) Where the Court is satisfied that the holder of a decree for the  \r\npossession of property or a purchaser of property sold in execution of a decree has been resisted or obstructed \r\nin obtaining possession of the property by the judgment­debtor or any other person on his behalf and that such \r\nresistance or obstruction was without any just cause, the  Court  may,  at  the  instance of the decree­holder or \r\nthe purchaser, order the judgment­debtor or such other person  to undergo simpl e  imprisonment  for a  term \r\nwhich may extend to thirty days and may further direct  that  the decree­holder or the purchaser be put into \r\npossession of the property. \r\n(2) Notwithstanding anything contained in sub­section (1), where a judgment­debtor or any other person resists \r\nor obstructs the execution of a decree, the Court may direct the officer in charge of the police­station within \r\nwhose jurisdiction the judgment­debtor or such other person resides or where the property to which the decree \r\nrelates is situate to provide the necessary police assistance for the execution of the decree.] \r\nPART III \r\nINCIDENTAL PROCEEDINGS \r\nCOMMISSIONS \r\n75. Power of Court to issue commissions.  Subject to such conditions and limitations as may be \r\nprescribed, the Court may issue a commission__ \r\n(a) to examine any person ; \r\n(b) to make a local investigation ; \r\n(c) to examine or adjust accounts ; or \r\n(d) to make a partition. \r\n3[75A. * * * * * * *] \r\n1The original words “the Government” were first subs. by Adaptation Order, 1937, and then amended by A.O., 1961, Art. 2 (w. e. f  23rd March, 1956). \r\n2Subs. by the Code of Civil Procedure (Amdt.) Ordinance, 1980 (X of 1980), s. 10. \r\n3Omitted by Act XIX of 2023, s.8.  \r\n   \r\n \r\nPage 38 of 318 \r\n \r\n76. Commission to another Court. __ (1) A commission  for the  examination of any person may  \r\nbe issued to any Court (not being a High Court) situate in a Province other than the Province in which the \r\nCourt of issue is situate and having jurisdiction in the place in which the person to be examined resides. \r\n(2) Every Court receiving a commission for the examination of any person under sub­section (1) \r\nshall examine him or cause him to be examined pursuant thereto, and the commission, when it has been \r\nduly executed, shall be returned together with the evidence taken under  it to the Court from which it was \r\nissued, unless the order for issuing the commission has otherwise directed, in which case the commission \r\nshall be returned in terms of such order. \r\n77. Letter of request. In lieu of issuing a commission the Court may issue a of letter of request to \r\nexamine a witness residing at any place not within 1[Pakistan]. \r\n78. Commissions issued by foreign Courts. 2[Subject to such conditions and limitations as may \r\nbe prescribed,] the provisions as to the execution and return of commis sions for the examination of \r\nwitnesses shall apply to commissions issued by 2[or at the instance of] __ \r\n(a) Courts situate beyond the limits of 1[Pakistan] and established or continued by the \r\nauthority of 3[* * *] 4[the 5[Federal Government] 6* * *], or \r\n7[* * * * * * *] \r\n(c) Courts of any State or country outside Pakistan.]. \r\nPART V \r\nSUITS IN PARTICULAR CASES \r\nSUITS BY OR AGAINST 8[THE GOVERNMENT] OR PUBLIC OFFICERS IN THEIR \r\nOFFICIAL CAPACITY \r\n9[79. Suits by or against the Government. __ 10[* * *] In a Suit by or against the 11[Government] \r\nthe authority to be named as plaintiff or defendant, as the case may be, shall be__ \r\n(a) in the case of a suit by or against the 5[Federal Government], 12[Pakistan]; \r\n(b) in the case of a suit by or against a Provincial Government, the Province ; and \r\n13[* * * * * * *] \r\n \r\n \r\n1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s. 3 and 2nd Sch. (w. e. f  the 14th October, 1955). \r\n2Ins. by the Code of Civil Procedure (Amdt.) Act, 1932 (X of 1932), section 2. \r\n3Omitted by the Central Laws (Adaptation) Order, 1961 (P.O No.1 of 1961), Art. 2 and Sch. (w. e. f  the 23rd march, 1956).). \r\n4Subs. by Adaptation Order, 1937. \r\n5Subs. by F.A.O. 1975, Art. 2 and Table. \r\n6The words “or of the Crown Representative” omitted by Adaptation Order, 1949. \r\n7Clause (b) as amended by A.O., 1949 and Act 10 of 1932, s.2, has been omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII \r\nof 1981), s.3 and Second Sch., \r\n8The original words “the Government” were first subs. by Adaptation Order, 1937, and then amended by Adaptation Order, 1961, Art. 2 (w. e. f  the 23rd \r\nMarch, 1956) to read as above. \r\n9Subs. by Adaptation Order, 1937, for the original s.79. \r\n10The words and figures “Subject to the provisions of sections 179 and 185 of the Government of India Act, 1935,” omitted by the Federal Laws \r\n(Revision and Declaration) Act, 1951, (XXVII of 1951), s.3 and 2nd Sch. \r\n11Subs. by Adaptation Order, 1961, Art. 2. (w. e. f  the 23rd March, 1956). \r\n12The original words “the Governor­General in Council before the establishment of the Federation of India, and thereafter, the Federation” have \r\nsuccessively been amended by Adaptation Order, 1949, Act 26 of 1951, s.3 and 2nd  Sch. and the Code of Civil Proced ure (Amdt.) Ordinance, 1962 \r\n(XLIV of 1962), s. 14. \r\n13Cl. (c) omitted by Adaptation Order, 1949. \r\n   \r\n \r\nPage 39 of 318 \r\n \r\n1[80. Notice.__ (1) A suit may be instituted against the Government or against a Public officer, in respect of \r\nany act purporting to be done by such public officer in his official capacity, after the expiration of two months next \r\nafter notice in writing has been delivered to or left at the office of, __ \r\n(a) in the case of a suit against the 2[Federal Government], a Secretary to that Government; \r\n(b)   (i)  in the case of a suit against the Provincial Government other than a suit relating to the \r\naffairs of a Railway, a Secretary to that Government or the Collector of the District; and \r\n(ii)  in the case of a suit against the 3[Federal Government] relating to the affairs of a Railway, \r\nthe General Manager of the Railway concerned, \r\nand in the case of a public officer, delivered to him or left at his office stating the cause of action, the name, description \r\nof place of residence of the plaintiff and the relief which he claims ;  and the plaint shall contain a statement that such \r\nnotice has been so delivered or left. \r\n(2) Where any such suit is instituted without delivering or leaving such notice as  aforesaid  or  before the \r\nexpiration of the said period of two months or where the plaint does not contain a statement that such notice has been \r\nso delivered or left, the plaintiff s hall not be entitled to any costs if settlement  as regards the subject­matter of the \r\nsuit is reached or the  Government  or the  public  officer concedes  the plaintiff's claim, within the period of two \r\nmonths from the date of the institution of the suit : \r\nProvided that in a suit instituted without such notice, the Court shall allow not less than three months to the \r\nGovernment to submit its written statement.] \r\n81. Exemption from arrest and personal appearance. In a suit instituted against a public officer in respect \r\nof any act purporting to be done by him in his official capacity__ \r\n(a) the defendant shall not be liable to arrest nor his property to attachment otherwise than in \r\nexecution of a decree, and, \r\n(b) where the Court is satisfied that the defendant cannot absent himself from his duty without \r\ndetriment to the public service, it shall exempt him from appearing in person. \r\n82. Execution of decree. __ (1) Where the decree is against 4[the Government] or against a public officer in \r\nrespect of any such act as aforesaid, a time shall be specified in the  decree  within  which it shall be satisfied ; and, \r\nif the decree is not satisfied within the time  so specified, the Court shall report  the case for the orders of the \r\n5[Provincial Government]. \r\n(2) Execution shall not be issued on any such decree unless it remains unsatisfied for the period of three \r\nmonths computed from the date of such report. \r\n6[SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS, AMBASSADORS AND ENVOYS] \r\n83. When aliens may sue.__ (1) Alien enemies residing 7[in Pakistan] with the permission of the 8[Federal \r\nGovernment], and alien friends, may sue in the Courts 9[in the Provinces], as if they were 10[citizens of Pakistan]. \r\n(2) No alien enemy residing 7[in Pakistan] without such permission, or residing in a foreign country, shall \r\nsue in any of such Courts. \r\n1The original s. 80 has successively been amended by A.O., 1937, the Code of Civi l Procedure (Amdt.) Act, 1948 (VII of 1948 ), s. 2, Adaptation Order, 1949, Adaptation \r\nOrder, 1961, Art. 2 (w. e. f.  the 23rd March, 1956) and Ord. 44 of 1962, s.15. to read as above.  \r\n2Subs. by F.A.O., 1975, Art. 2 and Table. \r\n3Subs. by F.A.O. 1975, Art. 2 and Sch. (with effect form the 14th August, 1973). \r\n4Amended by A.O., 1961, Art. 2 (with effect from the 23rd march, 1956). \r\n5Subs. by A.O., 1937. \r\n6Subs. by the Code of civil Procedure (Amdt.) Ordinance, 1960 (22 of 1960), s.2, for “SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS AND RULERS OF \r\nACCEDING STATES” as amended by A.O., 1937 and the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s.4 and 3rd  Sch. \r\n7Subs. by A.O., 1949. \r\n8Subs. by F.A.O., 1975, Art. 2 and Table. \r\n9Subs. by A.O., 1949. \r\n10Subs. by A.O., 1961, Art. 2 and Sch., (with effect from the 23rd March, 1956). \r\n \r\n \r\n   \r\n \r\nPage 40 of 318 \r\n \r\nExplanation.__ Every person residing in a foreign country the Government of which is at war \r\nwith 1[, or engaged in military operations against,] 2[Pakistan], and carrying on business in that  country \r\nwithout a license in that behalf under the  hand 3[*  *  *] of a  Secretary to the  4[Federal Government]  \r\nshall, for the purpose of sub­section (2), be deemed to be an alien enemy residing in a foreign country. \r\n84. When foreign States may sue. __ (1) A foreign State may sue in any Court 5[in the \r\nProvinces] : \r\nProvided that such State has been recognized by 6[* * *] the 7[Federal Government]: \r\nProvided, also, that the object of the suit is to enforce a Private right vested in the head of such \r\nState or in any officer of such State in his public capacity. \r\n(2) Every Court shall take judicial notice of the fact that a foreign State has or has not been \r\nrecognized by 6[* * *] the 7[Federal Government]. \r\n85. Persons specially appointed by Government to prosecute o r defend for Ruler of \r\nforeign State.__ 8[(1) Persons specially appointed by order of the 7[Federal Government] at the request \r\nof the Ruler of any foreign State, or at the request of any person competent, in the opinion of the \r\n7[Federal Government], to act on behalf of such Ruler, to prosecute or defend any suit on his behalf, \r\nshall be deemed to be the recognized agents by whom appearances, acts and applications under this \r\nCode may be made or done on behalf of such Ruler.] \r\n9[* * * * * * *] \r\n(2) An appointment under this section may be made for the purpose of a specified suit or of \r\nseveral specified suits, or for the purpose of all such suits as it may from time to time be necessary to \r\nprosecute or defend on behalf of the 10[Ruler]. \r\n(3) A person appointed under  this section may authorise or appoint persons to make  \r\nappearances  and applications and do acts in any such suit or suits as if he were himself a party thereto. \r\n1186. [Suits against Rulers. ] Repealed by the State Immunity Ordinance, 1981 (VI of 1981), \r\ns.19. \r\n86A. Suits against diplomatic agents.__ (1) No proceeding in any Court shall lie against a  \r\ndiplomatic agent except in a case relating to__ \r\n \r\n1Ins. by the code of Civil Procedure (Amdt.) Act, 1965 (19 of 1965), s.2.  \r\n2Subs. by A.O., 1949. \r\n3The words “of one of His Majesty’s Secretaries of State or” omitted, ibid. \r\n4Subs. by F.A.O., 1975, Art. 2 and Table. \r\n5Subs. by A.O., 1949. \r\n6The words “His majesty or by” omitted by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956). \r\n7Subs. by F.A.O., 1975, Art.2 and Table. \r\n8Subs. and shall be deemed to have been so subs. on the 14th day of October, 1955, by the Code of Civil Procedure (Amdt.) Ordinance, \r\n1960 (22 of 1960), s.3, for the existing sub­section (1), as amended by A.O., 1949 and the Central laws (Statute Reform) Ordinance, \r\n1960 (21 of 1960), s.3 and 2nd Sch. \r\n9The Explanation which had been ins. by A.O., 1937, omitted by A.O. 1949. \r\n10Subs. and shall be deemed to have been so subs. on the 14th day of October, 1955, by Ordinance 22 of 1960, s.3. \r\n11This section was previously amended from time to time by various enactments. \r\n  \r\n   \r\n \r\nPage 41 of 318 \r\n \r\n(a) any private immoveable property situated in Pakistan held by him in his private \r\ncapacity and not on behalf of the sending State for the purpose of the mission ; \r\n(b) a succession in which the diplomatic agent is involved as executor, \r\nadministrator, heir or legatee as a private person and not on behalf of the sending \r\nState; \r\n(c) any professional or commercial activity exercised by the diplomatic agent in \r\nPakistan outside his official functions. \r\n(2) No measures of execution shall be taken in respect of a diplomatic agent except in cases \r\nwhich come under clauses (a), (b) and (c) of sub­section (1) and in which such measures can be taken \r\nwithout infringing the inviolability of his person or of his residence. \r\n(3) The initiation of any proceedings in a Court by a diplomatic agent shall preclude him from \r\ninvoking immunity from jurisdiction under this section in respect of any counter­claim directly \r\nconnected with the principal claim. \r\n(4) The immunity of a diplomatic agent under sub­section (1) or sub­section (2) may be waived \r\nby the sending State; and any such waiver shall be express. \r\n(5) Waiver of immunity in respect of any proceedings shall not be held to imply waiver of  \r\nimmunity in respect of any measure of execution for which a separate waiver shall be necessary. \r\n(6) In this section, 'diplomatic agent' in relation to a State means the head of the mission in \r\nPakistan of that State and includes a member of the staff of that mission having diplomatic rank.] \r\n187. [Style of Rulers as Parties to suits.] Repealed by the State Immunity Ordinance, 1981 (VI \r\nof 1981), s. 19. \r\n2[* * *] \r\n387A. [Application of sections 85 and 86 to Rulers of Acceding States, etc .]  Omitted by the \r\nCode of Civil Procedure (Amdt.) Act, 1972 (II of 1972), s.2. \r\nINTERPLEADER \r\n88. Where inter pleader suit may be instituted. Where  two or more  persons claim adversely \r\nto one another the same debt, sum of money or other property, moveable or immoveable, from another \r\nperson, who claims no interest therein other than for charges or costs and who  is  ready  to  pay  or \r\ndeliver it to the rightful claimant, such other person may institute a suit of' interpleader against all the \r\nclaimants for the purpose of obtaini ng a decision as to the person to whom the payment or delivery    \r\nshall be made and of obtaining indemnity for himself : \r\nProvided that where any suit is pending in which the rights of all parties can properly be \r\ndecided, no such suit of interpleader shall be instituted. \r\n \r\n1This section was previously amended by various enactments from time to time. \r\n2The heading “SUITS AGAINST RULERS OF ACCEDING AND MERGED STATES” as ins. by Ord. 22 of 1960, s.6, has been omitted by the Cod e \r\nof Civil Procedure (Amdt.) Act, 1972 (2 of 1972), s.2. \r\n3S.87A was ins. by ord. 22 of 1960, s. 6. \r\n  \r\n   \r\n \r\nPage 42 of 318 \r\n \r\nPART V  \r\nSPECIAL PROCEEDINGS \r\nARBITRATION \r\n89. [Arbitration.] Omitted by the Arbitration Act, 1940 (X of 1940), s. 49 and Third Schedule. \r\n1[89A. Alternate dispute resolution .__ The Court may, where it considers necessary, having \r\nregard to the facts and circumstances of the case, with the object of securing expeditious disposal of a \r\ncase, in or in relation to a suit, adopt with the consent of  the  parties  alternate  dispute  resolution \r\nmethod, including mediation and conciliation]. \r\nSPECIAL CASE \r\n90. Power to state case for opinion of Court.  Where any persons agree in writing to state a \r\ncase for the opinion of the Court, then the Court shall try and determine the same in the manner \r\nprescribed. \r\nSUITS RELATING TO PUBLIC MATTERS \r\n91. Public nuisances.__ (1) In the case of a public nuisance the Advocate General, or two or \r\nmore persons having 2[with the leave of the Court], may institute a suit, though no special damage has \r\nbeen caused, for a declaration and injunction or for such other relief as may be appropriate to the \r\ncircumstances of the case. \r\n(2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which \r\nmay exist independently of its provisions. \r\n92. Public charities.__ (1) In the case of any alleged breach of any express or constructive trust \r\ncreated for public purposes of a charitable or religious nature, or where the direction of the Court is \r\ndeemed necessary for the administration of any such trust , the Advocate  General, or two or more  \r\npersons having an interest in the trust and having obtained the 2[with the leave of the Court], may \r\ninstitute a suit, whether contentious or not, in the principal Civil Court of original jurisdiction or in any \r\nother Court empowered in that behalf by the 3[Provincial  Government]  within  the  local  limits  of \r\nwhose  jurisdiction  the  whole  or  any  part  of  the  subject­matter  of  the  trust  is  situate,  to  obtain  \r\na decree__ \r\n(a) removing any trustee ; \r\n(b) appointing a new trustee ; \r\n(c) vesting any property in a trustee  ; \r\n(d) directing accounts and  inquiries ; \r\n(e) declaring what proportion of the trust­property or of the  interest  therein shall \r\nbe  allocated  to any particular object of the trust ; \r\n \r\n1Ins. by ord. 34 of 02, s. 2. \r\n2Subs. by Act No. XLVIII of 2016, s.2. \r\n3Subs. by A.O., 1937. \r\n   \r\n \r\nPage 43 of 318 \r\n \r\n(f) authorising the whole or any part of the trust­property to be let, sold, mortgaged \r\nor exchanged ; \r\n(g) settling a scheme ; or \r\n(h) granting such further or other relief as the nature of the case may require. \r\n(2) 1[* * *] 1[No] suit claiming any of the reliefs specified in sub­section (1) shall be instituted \r\nin respect of any such trust as is therein referred to except in conformity with the provisions of that \r\nsub­ section. \r\n93. Exercise of powers of Advocate General. The powers conferred by sections 91 and 92 on \r\nthe Advocate General may, 2[* * *] , be, with the previous sanction of the 3[Provincial Government], \r\nexercised also by the Collector or by such officer as the 3[Provincial Government], may appoint in this \r\nbehalf. \r\n_______ \r\nPART VI  \r\nSUPPLEMENTAL PROCEEDINGS \r\n94. Supplemental Proceedings. In order to prevent the ends of justice from being defeated the \r\nCourt may, if it is so prescribed,__ \r\n(a) issue a warrant to arrest the defendant and bring him before the Court to show \r\ncause why he should not give security for his appearance, and if he fails to \r\ncomply with any order for security commit him to the civil prison ; \r\n(b) direct the defendant to furnish security to pro duce any property belonging to \r\nhim and to place the same at the disposal of the Court or order the attachment \r\nof any property ; \r\n(c) grant a temporary injunction and in case of disobedience commit the person \r\nguilty thereof    to the civil prison and order t hat his property be attached and \r\nsold ; \r\n(d) appoint a receiver of any property and enforce the performance of his duties by \r\nattaching and selling his property ; \r\n(e) make such other interlocutory orders as may appear to the Court to be just and \r\nconvenient. \r\n95. Compensation, for obtaining arrest, attachment or injunction on in sufficient \r\ngrounds.__ (1) Where, in any suit in which an arrest or attachment has been effected or a temporary  \r\ninjunction granted under the  last  preceding section,__ \r\n(a) it appears to the Court that such arrest, attachment or injunction was applied for \r\non insufficient grounds, or \r\n \r\n1Omitted and subs. by Act No. XLVIII of 2016, s.3. \r\n2The words “outside the Presidency­towns” omitted by A.O., 1949. \r\n3Subs. by A.O., 1937. \r\n   \r\n \r\nPage 44 of 318 \r\n \r\n(b) the suit of the plaintiff fails and it appears to the Court that there was no \r\nreasonable or probable ground for instituting the same, \r\nthe defendant may apply to the Court and the Court may, upon such application, award against \r\nthe plaintiff by its order such amount, n ot exceeding 1[ten] thousand rupees, as it deems a \r\nreasonable compensation to the defendant for the expense or injury caused to him : \r\nProvided that a Court shall not award, under this section, an amount exceeding the limits of its \r\npecuniary jurisdiction. \r\n(2) An order determining any such application shall bar any suit for compensation in respect \r\nof such arrest, attachment or injunction. \r\n_______ \r\nPART VII \r\nAPPEALS \r\nAPPEALS FROM ORIGINAL DECREES \r\n2[96. Appeal from original decree.__ Save where otherwise expressly provided in the body of \r\nthis Code or by any other law for the time being in force, an appeal shall lie from every decree passed \r\nby any Court exercising original jurisdiction to the Court authorized to hear appeal from the decisions \r\nof such Court. \r\n(2) An appeal may lie from an original decree passed ex-parte. \r\n(3) No appeal shall lie from a decree passed by the Court with consent of the parties.] \r\n97. Appeal from final decree where no appeal from preliminary decree.  Where any party \r\naggrieved by a preliminary decree passed after the commencement of this Code does not appeal from \r\nsuch decree, he shall be precluded from disputing its correctness in any appeal which may be preferred \r\nfrom the final decree.  \r\n98. Decision where appeal heard by two or more Judges.__ (l) where  an appeal is heard by \r\na  Bench of two or more Judges, the appeal shall be decided in accordance with  the  opinion  of  such \r\nJudges or of the majority (if any) of such Judges. \r\n(2) Where there is no such majority which concurs in a judg ment varying or reversing the \r\ndecree appealed from, such decree shall be confirmed : \r\nProvided that where the Bench hearing the appeal is composed of two judges belonging to a \r\nCourt consisting of more than two Judges, and the Judges composing the Bench differ in opinion on a \r\npoint of law, they may state the  point  of law upon which they differ and the  appeal shall then be  \r\nheard upon  that point only by one or more of the other Judges, and such point shall be decided \r\naccording to the opinion of the majority (if any) of the Judges who have  heard the  appeal, including \r\nthose  who first  heard it. \r\n3[(3) Nothing in this section shall be deemed to alter or otherwise affect any provision of the \r\nletters patent of any High Court.] \r\n1Subs. by Act XIV of 1994, s.8. \r\n2Subs. by Act XIX of 2023, s.9. \r\n3Sub­section (3) ins. by the Repealing and Amending Act, 1928 (18 of 1928), s.2 and First Sch. \r\n   \r\n \r\nPage 45 of 318 \r\n \r\n99. No decree to be reversed or modified for error or irregularity not affecting merits or \r\njurisdiction. No decree shall be reversed or substantially varied, nor shall any case be remanded, in \r\nappeal on account of any misjoinder of parties or causes of action or any error, defect or irregularity \r\nin any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the Court. \r\nAPPEALS FROM APPEALATE DECREES \r\n1[100. Second appeal.__ (1) Save where otherwise expressly provided in the body of this Code \r\nor in any other law, for the time being in force, an appeal shall lie to the High Court from every decree \r\npassed in appeal by any Court subordinate to that High Court, on any of the followin g grounds, \r\nnamely:__ \r\n(a) the decision being contrary to law or to some usage having the force of law; \r\n(b)  the decision having failed to determine some material issue of law or usage \r\nhaving the force of law; or  \r\n(c)  a substantial error or defect in the pr ocedure provided by this Code or by any \r\nother law for the time being in force, which may possibly have produced error \r\nor defect in the decision of the case upon the merits. \r\n101. Second appeal on no other grounds.__ No second appeal shall lie except on the grounds \r\nmentioned in section 100. \r\n102. No second appeal in certain cases.__ No second appeal shall lie in any suit except when \r\nthe amount or value of the subject matter of the original suit does not exceed the amount or value as \r\nmay be prescribed. \r\n103. Power of High Court to determine issues of fact.__ In any second appeal, the High Court \r\nmay, if the evidence on the record is suffi cient, determine any issue of fact necessary for disposal of \r\nthe appeal which has not been determined by the lower appellate Court or which has been wrongly \r\ndetermined by such Court by reason of any illegality, omission, error or defect such as is referred to in \r\nsub-section (1) of section 100.] \r\nAPPEALS FROM ORDERS \r\n104. Orders from which  appeal lies.__ (1) An appeal shall lie from the following orders, and \r\nsave as otherwise expressly provided in  the body of this Code or by any law for the time  being in  \r\nforce, from no other orders:__ \r\n2[* * * * * * *] \r\n3[(f)  an order under section 35A;  \r\n(ff)  an order under section 47;] \r\n4[(fff) an order under section 91 or section 92 refusing leave to institute a suit;] \r\n \r\n1Subs by Act No. XIX of 2023, s.10. \r\n2Cls. (a) to (f) omitted by the Arbitration Act No. X of 1940, s. 49 and 3rd Sch. \r\n3Subs. by Ord. 12 of 1972, s.2 and Sch., for cl. (ff) which was previously ins. by the Civil Procedure (Amdt.) Act No. IX of 1922, s. 3. \r\n4Ins. by Act No. XLVIII of 2016, s.4. \r\n   \r\n \r\nPage 46 of 318 \r\n \r\n(g) an order under section 95; \r\n(h) an order under any of the provisions of this Code imposing a fine or directing \r\nthe arrest or detention in the civil prison of any person except where such arrest \r\nor detention is in execution of a decree; \r\n(i) any order made under rules from which an appeal is expressly allowed by rules: \r\n1[Provided that no appeal shall lie against any order specified in clause 2[(f)] save on the ground \r\nthat no order, or an order for the payment of a less amount, ought to have been made.] \r\n(2) No appeal shall lie from any order passed in appeal under this section. \r\n105. Other orders.__ (1) Save as otherwise expressly provided, no appeal shall lie from any \r\norder made by a Court in the exercise of its original or appellate jurisdiction; but , where a decree is \r\nappealed from, any error, defect or irregularity in  any order, affecting the  decision of the  case, may \r\nbe  set  forth as a ground of objection in the memorandum of appeal. \r\n(2) Notwithstanding anything contained in sub­section (1), where any party aggrieved by an \r\norder of remand made after the commencement of this Code from which an appeal lies does not appeal \r\ntherefrom, he shall thereafter be precluded from disputing its correctness. \r\n3[106. What Courts to hear appeals. Where an appeal from any order is allowed, it shall lie \r\nto the Court to which an appeal would lie from the decree in the suit in which such order was made, or \r\nwhere such order is made by a Court (not being a High Court) in the exercise of appellate jurisdiction, \r\nthen to the High Court.] \r\nGENERAL PROVISIONS RELATING TO APPEALS \r\n107. Powers of Appellate Court.__ (1) Subject to such conditions and limitations as may be  \r\nprescribed, an Appellate Court shall have power__ \r\n(a) to determine a case finally; \r\n(b) to remand a case; \r\n(c) to frame issues and refer them for trial; \r\n(d) to take additional evidence or to require such evidence to be taken. \r\n(2) Subject as aforesaid, the Appellate Court shall have the same powers and shall perform as \r\nnearly as may be the same duties as are conferred and imposed by this Code on Courts of original \r\njurisdiction in respect of suits instituted therein. \r\n108. Procedure in appeals from appellate decrees and orders.  The provisions of this Part \r\nrelating to appeals from original decrees shall, so far as may be, apply to appeals__ \r\n(a) from appellate decrees, and \r\n(b) from orders made under this Code or under any special or local law in which a \r\ndifferent procedure is not provided. \r\n \r\n1Proviso ins. by the Civil Procedure (Amdt.) Act No. IX of 1922, s. 3.  \r\n2Subs. by the Federal Laws (Revision and Declaration) Ordinance, No. XXVII of 1981, s. 3 and Second Sch.  \r\n3Subs. by Act No. XIX of 2023, s. 11. \r\n   \r\n \r\nPage 47 of 318 \r\n \r\n1APPEALS TO THE 2[SUPREME COURT] \r\n3[109. When appeals, lie to the Supreme Court. An appeal from a judgment, decree or final order \r\nof a High Court shall lie to the Supreme Court__ \r\n(a) if the amount or  value or the subject­matter of the dispute in the Court of first \r\ninstance was and also in appeal is (unless varied by an Act of Parliament) fifty \r\nthousand rupees or upward and the judgment, decree or final order appealed from \r\nhas varied or set aside the judgment, decree or final order of the Court immediately \r\nbelow; or \r\n(b) if the judgment, decree or final order involves, directly or indirectly, some claim or \r\nquestion respecting property of the like amount or value and the judgment, decree \r\nor final order appealed from has varied or set aside the judgment, decree or final \r\norder of the Court immediately below; or \r\n(c) if the High Court certifies that the case involves a substantial question of law as to \r\nthe interpretation of the Constitution.] \r\n4110.[Omitted]. \r\n111. Bar of certain appeals. Notwithstanding anything contained in section 109, no appeal shall \r\nlie to 5[the Supreme Court]: \r\n(a) from the decree or order of one Judge of a High Court 6[* * *], or of one Judge of \r\na Division Court, or of two or mor e Judges of such High Court, or of a Division \r\nCourt constituted by two or more Judges of such High Court, where such Judges \r\nare equally divided in opinion and do not amount in number to a majority of the \r\nwhole of the Judges of the High Court at the time being ; or \r\n7[(b) from any decree from which, under section 102, no second appeal lies.] \r\n8111A. [Omitted]. \r\n112. Savings.__ 9[(1) Nothing contained in this Code shall be deemed__ \r\n(a) to affect the powers of the Supreme Court under Article 10[191 of the Constitution \r\nor any other provision thereof] ; or \r\n(b) to interfere with any rules made by the Supreme Court, and for the time being in \r\nforce, for the presentation of appeals to that Court, or their conduct before that \r\nCourt.] \r\n \r\n1See also the Federal Court (Enlargement of Jurisdiction) Act No. I of 1950, s. 6 and the Privy council (Abolition of Jurisdiction) Act, 1950, s. 9. \r\n2Subs. by Adaptation Order, 1961, Art. 2 and sch., (with effect from the 23rd March, 1956). \r\n3The original s. 109 has successively been amended by the Central Laws (Statute Reform) Ordinance, No. XXI of 1960, s.3 and 2nd Sch. (with effect \r\nfrom the 14th October, 1955), Adaptation Order, 1961, Art.2 and Sch. (with effect from the 23rd March, 1956), and Federal Adaptation Order, 1975, \r\nArt.2 and Sch. (with effect from the 14th August,1973), to read as above. \r\n4Omitted by Federal Adaptation Order, 1975, Art. 2 and Sch. (with effect from the 14th August, 1973). \r\n5Subs. by Adaptation Order, 1961, Art. 2 and Sch., (with effect from the 23rd March, 1956). \r\n6Amended by Adaptation Order, 1937 and Act No. XIII of 1916. Sch., have been Omitted by Adaptation Order, 1961, Art. 2 and Sch. (with effect from \r\nthe 23rd March, 1956). \r\n7Subs. by Act No. XIX of 2023, s.12. \r\n8Omitted by the Federal Court Act, 1941 (XXI of 1941), s. 2. \r\n9Subs. by Adaptation Order 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956). \r\n10Amended by Adaptation Order, 1964, Art. 2 and Sch. and Federal Adaptation Order, 1975, Art. 2 and Sch. (with effect from the 14th August, 1973). \r\n \r\n \r\n(2) Nothing herein contained applies to any matter of criminal or admiralty or vice-admiralty \r\n   \r\n \r\nPage 48 of 318 \r\n \r\njurisdiction, or to appeals from orders and decrees of Prize Courts. \r\n \r\nPART VIII \r\nREFERENCE, REVIEW AND REVISION \r\n113. Reference to High Court. Subject to such conditions and limitations as may be prescribed, \r\nany Court may state a case and refer the same for the opinion of the High Court, and the High Court may \r\nmake such order thereon as it thinks fit. \r\n1[114. Review.__ (1) Subject as aforesaid, any person considering himself aggrieved by a degree or \r\norder from which__ \r\n(a) an appeal is allowed by this Code, but from which no appeal has been preferred; or \r\n(b) no appeal is allowed by this Code,  \r\nmay apply for a review of judgment to the Court which passed the degree or made the order, and the Court \r\nmay make such order thereon as it think fit.] \r\n1[115. Revision.__ (1) A High Court may call for the record of any case which has been decided by \r\nany Court subordinate to that High Court and in which no appeal lies thereto, and if such subordinate Court \r\nappears__ \r\n(a) to have exercised a jurisdiction not vested in it by law; or \r\n(b) to have failed to exercise a jurisdiction so vested; or \r\n(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, \r\nthe High Court may make such order in the case as it thinks fit: \r\nProvided that where a person makes an application under this sub­section, he shall, in support of \r\nsuch application, furnish copies of the plead ings, documents and order of the subordinate Court and the \r\nHigh Court shall, except for reasons to be recorded, dispose of such application without calling for the \r\nrecord of the subordinate Court: \r\nProvided further that such application shall be made within  ninety days of the decision of the \r\nsubordinate Court which shall provide a copy of such decision within three days thereof and the High Court \r\nshall dispose of such application within six months. \r\n(2) A District Court may exercise the powers conferred on th e High Court by sub­section (1) in \r\nrespect of any case decided  by a Court subordinate to that District Court in which no appeal lies and the \r\namount or value of the subject­matter whereof does not exceed the limits of the appellate jurisdiction of \r\nthe District Court. \r\n(3) If an application under sub­section (1) in respect of a case within the competence of the District \r\nCourt has been made either to the High Court or the District Court, no further such application shall be \r\nmade to either of them. \r\n(4) No proceedings in revision shall be entertained by the High Court against an order made under \r\nsub­section (2) by the District Court.] \r\n \r\n1Subs. by Act No. XIX of 2023, s. 13-14. \r\n   \r\n \r\nPage 49 of 318 \r\n \r\nPART IX \r\nSPECIAL PROVISION RELATING TO 1[* *] HIGH COURTS \r\n116. Part to apply only to certain High Courts. This Part applies only to High Courts 2[* * *] \r\n117. Application of Code to High Courts.  Save as provided in this Part or in Part X or in \r\nrules, the provisions of this Code shall apply to 1[*] High Courts. \r\n118. Execution of decree before ascertainment of costs. Where any 3* High Court considers \r\nit necessary that a decree passed in the exercise of its original civil jurisdiction should be executed \r\nbefore the amount of the costs incurred in the suit can be ascertained by taxation, the Court may order \r\nthat the decree shall be executed forthwith, except as to so much thereof as relates to the costs; \r\nand, as to so much thereof as relates to the costs, that the decree may be executed as soon as \r\nthe amount of the costs shall be ascertained by taxation. \r\n119. Unauthorised persons not to address Courts. Nothing in this Code shall be deemed to \r\nauthorise any person on behalf of another to address the Court in the exercise of its original civil \r\njurisdiction, or to examine witnesses, except where the Court shall have in the exercise of the power \r\nconferred by its charter authorised him so to do, or to interfere with the power of the High Court to \r\nmake rules concerning advocates, vakils and attorneys. \r\n120. Provisions not applicable to High Court in original   civil jurisdiction .__ (1) The \r\nfollowing provisions shall not apply to the High Court in the exercise of its original civil jurisdiction, \r\nnamely, sections 16, 17 and 20. \r\n4[* * * * * * *] \r\nPART X \r\nRULES \r\n121. Effect of rules in First Schedule.  The rules in the First Schedule shall have effect as if \r\nenacted in the body of this Code until annulled or altered in accordance with the provisions or this Part. \r\n122. Power of certain High Courts to make rules.  4[ The High Courts] 5[* * *] may, from \r\ntime to time after previous publication, make rules regulating their own procedure and the procedure \r\nof the Civil Courts subject to their superintendence, and may by such rules annul, alter or add to all or \r\nany of the rules in the First Schedule. \r\n \r\n \r\n \r\n1Omitted by the Central Laws (Statute Reform) Ordinance, No. XXI of 1960, s.3 and 2nd Sch. (with effect from the 14th October,1955). \r\n2Amended by Adaptation Order., 1937 and Act No. XIII of 1916, Sch., have been omitted by Ordinance No. XXI of 1960. s.3 and 2nd Sch. (with effect \r\nfrom the 14th October, 1955). \r\n3Sub­section (2) omitted by the Presidency­towns Insolvency Act No. III of 1909, s. 127 and Third Sch. \r\n4Subs. by the Central Laws (Statute Reform) ordinance, No. XXI of 1960,s. 3 ad 2nd Sch. (with effect from the 14th October, 1955) and the Government \r\nof India Act, 1935’’ as amended by Adaptation Order, 1937, Adaptation Order, 1949 and the Oudh Courts (Supplementary) Act No. XXXII of 1925, s.2 \r\nand Sch. \r\n5Omitted by the Repealing and Amending Act No. XI of 1923, s. 3 and Second Sch. and subs. by the repealing and Amending Act No. XVIII of 1919, s. \r\n2 and First Sch. \r\n \r\n   \r\n \r\nPage 50 of 318 \r\n \r\n123. Constitution of Rules Committees in certain Provinces.__ (1) A Committee, to be called \r\nthe Rule Committee, shall be constituted at 1[the town which is the usual place of sitting of each of the \r\nHigh Courts 2[* * *] 3[* * *] referred to in section 122]. \r\n(2) Each such Committee shall consist of the following persons, namely:__ \r\n(a) three Judges of the High Court established at the town at which such Committee \r\nis constituted, one of whom at least has served as a District Judge or 4* * * a \r\nDivisional Judge for three years, \r\n5[* * * * * * *] \r\n5\r\n[(c)  two advocates practising in that Court, and] \r\n(d)  a Judge of a Civil Court subordinate to the High Court,  \r\n5[* * * * * * *] \r\n(3) The members of each such Committee shall be appointed by the Chief Justice 6[* * *] who \r\nshall also nominate one of their member to be President: \r\nProvided that, if the Chief Justice 6[* * *] elects to be  himself  a  member of a  Committee, the  \r\nnumber of other Judges appointed to be members shall be two, and the Chief Justice  6[* * *] shall be \r\nthe President of the Committee. \r\n(4) Each member of any such Committee shall hold office for such period as may be prescribed \r\nby the Chief Justice 6[* * *] in this behalf;  and whenever any member retires, resigns, dies or ceases \r\nto reside in the Province in which the Committee was constituted, or becomes incapable of acting as a \r\nmember of the Committee, the said Chief Justice 6[* * *]   may appoint another person to be a member   \r\nin his stead. \r\n(5) There shall be a Secretary to each such Committee, who shall be appointed by the Chief \r\nJustice 6[* * * ] and shall receive such remuneration as may be provided in this behalf 7[by the \r\nProvincial Government]. \r\n124. Committee to report to High Court.  Every Rule Committee shall make a report to the \r\nHigh Court established at the town at which it is constit uted on any proposal to annul, alter or add to \r\nthe rules in the First Schedule or to make new rules, and before making any rules under section 122 \r\nthe High Court shall take such report into consideration. \r\n8125. [Omitted].  \r\n \r\n \r\n \r\n1Subs. by the Amending Act No. XIII 1916, s. 2 and Sch. \r\n2Ins. by Act No. XXXII of 1925, s. 2 and Sch., were omitted by Adaptation Order, 1949. \r\n3Omitted by Act No. XI of 1923, s. 2 and First Sch and previously subs by Act No. XVIII of 1919, s. 2 and First Sch. \r\n4Subs. by s. 2 and First Sch. of Act No. XVIII of 1919, and were subsequently omitted by s. 3 and Second Sch. of Act No. XI of 1923. \r\n5Clause (b) omitted, clause (c) subs., and clause (e) omitted by the Federal Laws (Revision and Declaration) Ordinance, No. XVII of 1981, s. 3 and \r\nSecond Sch. \r\n6Omitted by the Central Laws (Statute Reforms) Ordinance, No. XXI of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955). \r\n7Subs. by Adaptation Order, 1937. \r\n8Omitted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), S.3 and 2nd Sch. (with effect from the 14th October, 1955). \r\n   \r\n \r\nPage 51 of 318 \r\n \r\n1[126. Rules to be subject to approval . Rules made under the foregoing provisions shall be \r\nsubject to the previous approval of the Government of the Province in which the Court whose \r\nprocedure the rules regulate is situate or, if that Court is not situate in any Province, to the previous \r\napproval of the 2[Federal Government]. \r\n127. Publication of rules. Rules so made and 3[approved] shall be published in the 4[official \r\nGazette * * *], and shall from the date of publication or from such other date as may be specified have \r\nthe same force and effect, within the local limits of the jurisdiction of the High Court which made \r\nthem, as if they had been contained in the First Schedule. \r\n128. Matters for which rules may provide.__ (1) Such rules shall be not inconsistent with the \r\nprovisions in the body of this Code, but, subject thereto, may provide for any matters relating to the \r\nprocedure of Civil Courts. \r\n(2) In particular, and without prejudice to the generality of the powers conferred by sub­section \r\n(1), such rules may provide for all or any of the following matters, namely:__ \r\n(a) the service of summonses, notices and other processes by post or in any other \r\nmanner either generally or in any specified areas, and the proof of such service; \r\n(b) the maintenance and cus tody, while under attachment, of  live­stock and other \r\nmoveable property, the fees payable for such maintenance and custody, the sale \r\nof such live­stock and property, and the proceeds of such sale; \r\n(c) procedure in suits by way of counterclaim, and the valuation of such suits for \r\nthe purposes of jurisdiction; \r\n(d) procedure in garnishee and charging orders either in addition to, or in \r\nsubstitution for, the attachment and sale of debts ; \r\n(e) procedure where the defendant claims to be entitled to contribution or indemnity \r\nover against any person whether a party to the suit or not; \r\n(f) summary procedure__ \r\n(i) in suits in which the plaintiff seeks only to recover a debt or liquidated \r\ndemand in money p ayable by the defendant, with or without interest, \r\narising on a contract express or implied; or \r\non an enactment where the sum sought to be recovered is a fixed sum of \r\nmoney or in the nature of a debt other than a penalty; or \r\non a guarantee, where the claim  against the principle is in respect of a \r\ndebt or a liquidated demand only; or \r\non a trust; or \r\n \r\n \r\n1Subs. by Adaptation Order, 1937, for s. 126 as amended by the Amending Act No. XIII of 1916, Sch. \r\n2Subs. by Federal Adaptation Order , 1975, Art.2 and Sch. which had been subs. by Adaptation Order , 1961, Art. 2 ( with effect from the 23rd March, \r\n1956). \r\n3Subs. by the Repealing and Amending Act No. XXVII of 1917, s. 2 and First Sch. \r\n4Subs. by Adaptation Order, 1937, para 4 (1). \r\n \r\n   \r\n \r\nPage 52 of 318 \r\n \r\n(ii) in suits for the recovery of immoveable property, with or without a claim \r\nfor rent or mesne profits, by a landlord against a tena nt whose term has \r\nexpired or has  been duly determined by notice to quit, or has become \r\nliable to forfeiture for non­payment of rent, or against persons claiming \r\nunder such tenant; \r\n(g) procedure by way of originating summons; \r\n(h) consolidation of suits, appeals and other proceedings; \r\n(i)  delegation to any Registrar, Prothonotary or master or other official of the Court \r\nof any judicial, quasi­judicial and non­judicial duties; and \r\n(j)  all forms, registers, books, entries and accounts which may be necessary or \r\ndesirable for the transaction of the business of Civil Courts. \r\n1[(3) The High Court shall make rules, not inconsistent with the provisions of this Cod e, for \r\ncase management and scheduling conferences binding the parties to follow the schedules and timelines \r\nprescribed therein.] \r\n129. Power of 2[*] the High Courts to   make rules   as   to   their   original   civil procedure. \r\nNotwithstanding anything in this Code, any High Court 3[* * *] may make such rules not inconsistent \r\nwith 4[its Letters Patent] to regulate its own procedure in the exercise of its original civil jurisdiction \r\nas it shall think fit, and nothing herein contained shall affect the validity of any such rules in force at \r\nthe commencement of this Code. \r\n5130. [Omitted].   \r\n131. Publication of rules.  Rules made in accordance with section 129  6[* *  * ] shall be  \r\npublished in  the 7[official Gazette * * *] and shall from the date of publication or from such other date \r\nas may be specified have the force of law. \r\nPART XI  \r\nMISCELLANEOUS \r\n132. Exemption of certain women from personal appearance.__ (1) Women who, according \r\nto the customs and manners of the country 7 ought not to be compelled to appear in public shall be \r\nexempt from personal appearance in Court. \r\n(2) Nothing herein contained shall be deemed to exempt such women from arrest in execution \r\nof civil process in any case in which the arrest of women is not prohibited by this Code. \r\n \r\n \r\n \r\n \r\n1Ins. by Act No. VII of 2020, s. 16. \r\n2Omitted by the Federal Laws (Revision and Declaration) Ordinance, No. XVII of 1981, s. 3 and Second Sch. \r\n3Amended by Adaptation Order, 1937 and the Amending Act No. XIII of 1916, Sch., have been omitted by the Central Laws (Statute Reform) \r\nOrdinance, No. XXI of 1960, s.3 and 2nd Sch. (with effect from the 14th October, 1955). \r\n4Subs. by Ordinance, No. XXI of 1960, s. 3 and 2nd Sch. (with effect from the 14th October, 1955). \r\n5Omitted by Adaptation Order, 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956). \r\n6Omitted by Adaptation Order, 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956). \r\n7Subs. by Adaptation Order, 1937, para 4(1). \r\n  \r\n   \r\n \r\nPage 53 of 318 \r\n \r\n133. Exemption of other persons. __ (1) The 1[Provincial Government] may, by notification 2 \r\nin the 1[official Gazette], exempt from personal appearance in Court  any person whose  rank, in  the  \r\nopinion  of such Government, entitles him to the privilege of exemption. \r\n(2) The names and residences of the persons so exempted shall, from time to time, be forwarded \r\nto the High Court by the 1[Provincial Government] and a list of such persons shall be kept in such \r\nCourt, and a list of such persons as reside within the local limit s of the jurisdiction of each Court \r\nsubordinate to the High Court shall be kept in such subordinate Court. \r\n(3) Where any person so exempted claims the privilege of such exemption, and it is \r\nconsequently necessary to examine him by commission, he shall pay the costs of that commission, \r\nunless the party requiring his evidence pays such costs. \r\n134. Arrest other than in execution of decree. The provisions of sections 55, 57 and 59 shall \r\napply, so far as may be, to all persons arrested under this Code. \r\n135. Exemption from arrest under civil process.__ (1) No Judge, Magistrate or other judicial \r\nofficer shall be liable to arrest under civil process while going to, presiding in, or returning from, his \r\nCourt. \r\n(2) Where any matter is pending before a tribunal having jurisdiction therein,  or  believing in  \r\ngood faith that it has such jurisdiction, the parties thereto, their pleaders, mukhtars, revenue­agents and \r\nrecognized agents, and their witnesses acting in obedience to a summons, shall be exempt from arrest \r\nunder civil process other than process issued by such tribunal for contempt of Court while going to or \r\nattending such tribunal for the purpose of such matter, and while returning from such tribunal. \r\n(3) Nothing in sub­section (2) shall enable a judgment­debtor to claim exemption from arrest \r\nunder an order for immediate execution or where such judgment­debtor attends to show cause why he \r\nshould not be committed to prison in execution of a decree. \r\n3[l35A. Exemption of members of Legislative bodies from arrest and detention under civil \r\nprocess.__ (1) No person shall be liable to arrest or detention in prison under civil process__ \r\n6[(a)  if he is member of a 4[*] Legislature 4[* *  *] 5[*  *  *] ,during the continuance \r\nof any meeting  of such Legislature 4[* *];] \r\n(b)  if he is  a member of any committee of such 1[Legislature 4* * *], during the \r\ncontinuance of any meeting of such committee; \r\n6[* * * * * * *] \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by Adaptation Order, 1937. \r\n2For such notifications, see the different local Rules and Orders. \r\n3S. 135A ins. by the Legislative Members Exemption Act, 1925 (23 of 1925), s.3. \r\n4Omitted by Adaptation Order, 1949. \r\n5Omitted by Adaptation Order, 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956). \r\n6The original cl. (c) was first subs. by Adaptation Order, 1937 and then omitted by Adaptation Order, 1949. \r\n \r\n   \r\n \r\nPage 54 of 318 \r\n \r\nand during the fourteen days before and after such meeting or sitting. \r\n(2) A person released from detention under sub­section (1 ) shall, subject to the provisions of \r\nthe said sub­section, be liable to re­arrest and to the further detention to which he would have been \r\nliable if he had not been released under the provisions of sub­section (1).] \r\n136. Procedure where person to be arrested or property to be attached is outside district.__ \r\n(1) Where an application is made that any  person shall be arrested or that property shall be  attached \r\nunder any provision of this Code not relating to the execution of  decrees, and such person resides o r  \r\nsuch property is situate outside the local limits of the jurisdiction of the Court to which the application \r\nis made, the Court may, in its discretion, issue a warrant of arrest or make an order of attachment, and \r\nsend to the District Court within the local limits of whose jurisdiction such person or property resides \r\nor is situate a copy of the warrant or order, together with the probable amount of the costs of the arrest \r\nor attachment. \r\n(2) The district Court shall, on receipt of such copy and amount, cause the arrest or attachment to \r\nbe made by its own officers, or by a Court subordinate to itself, and shall inform the Court which issued or \r\nmade such warrant or order of the arrest or attachment \r\n(3) The Court making an arrest under this section  shall send the person arrested to the Court by \r\nwhich the warrant of arrest was issued, unless he shows cause to the satisfaction of the former Court why \r\nhe should not be sent to the latter Court, or unless he furnishes sufficient security for his appearance before \r\nthe latter Court or for satisfying any decree that may be passed against him by that Court, in either of which \r\ncases the Court making the arrest shall release him. \r\n1[* * * * * * *] \r\n137. Language of subordinate Courts. __ (1) The language which, on the commencement of this  \r\nCode, is the language of any Court subordinate to a High Court shall continue  to be  the  language  of such \r\nsubordinate Court until the 2[Provincial Government] otherwise directs. \r\n(2) The 2[Provincial Government] may declare what shall be the language of any such Court and \r\nin what character applications to and proceedings in such Courts shall be written. \r\n(3) Where this Code requires or allows anything other than the recording of evidence to be done in \r\nwriting in any such Court, such writing may be in English;  but if any party or his pleader is unacquainted \r\nwith English a translation into the language of the Court shall, at his request, be supplied to him; and the \r\nCourt shall make such order as it thinks fit in respect of the payment of the costs of such translation. \r\n138. Power of High Court to require evidence to be recorded in English.__ (1) The 3[High Court] \r\nmay, by notification in the 2[official Gazette], direct with respect to any Judge specified in the notification, \r\nor failing under a description set forth therein, that evidence in cases in which an appeal is allowed shall \r\nbe taken down by him in the English language and in manner prescribed. \r\n(2) Where a Judge is prevented by any sufficient reason from complying with a direction under \r\nsub­section (1), he shall record the reason and cause the evidence to be taken down in writing from his \r\ndictation in open Court. \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Amended by Adaptation Order, 1937, has been omitted by Adaptation Order, 1949. \r\n2Subs. by Adaptation Order, 1937. \r\n3Subs. by the Decentralization Act, No. IV of 1914, s.2 and Sch., Pt. I. \r\n \r\n   \r\n \r\nPage 55 of 318 \r\n \r\n139. Oath on affidavit by whom to be administered. In the case of any affidavit under this Code__ \r\n(a) any Court or Magistrate, or \r\n(b) any officer or other person whom a High Court may appoint in this behalf, or \r\n1(c)  any officer appointed by any other Court which the 2[Provincial Government] has \r\ngenerally or specially empowered in this behalf, \r\nmay administer the oath to the deponent. \r\n140. Assessors in causes of savages, etc. __ (1) In any Admiralty or Vice­Admiralty cause of  \r\nsalvage, towage or collision, the Court, whether it be exercising its original or its appellate jurisdiction, \r\nmay, if it thinks fit, and shall upon request of either party to such ca use, summon to its assistance, in \r\nsuch manner as it may direct or as may be prescribed, two competent assessors;  and such assessors \r\nshall attend and assist accordingly. \r\n(2) Every such assessor shall receive such fees for his attendance, to be paid by such  of the \r\nparties as the Court may direct or as may be prescribed. \r\n3[141. Miscellaneous proceedings.__ The procedure provided in this Code with regard to suits \r\nshall be followed, as far as it can be made applicable, in all proceedings in any Court of civil \r\njurisdiction.] \r\n142. Orders and notices to be in writing.  All orders and notices served on or given to  any \r\nperson under the provisions of this Code shall be in writing. \r\n143. Postage. Postage, where chargeable on a notice, summons or letter issued under this Code \r\nand forwarded by post, and the fee for registering the same, shall be paid within a time to be fixed \r\nbefore the communication is made: \r\nProvided that the 2[Provincial Government] 4[* * *] may remit such postage, or fee, or both, or \r\nmay prescribe a scale of court­fees to be levied in lieu thereof. \r\n144. Application for restitution. __ (1) Where and in so far as a decree is varied or reversed,  \r\nthe Court of first instance shall, on the application of any party entitled to any benefit by way of \r\nrestitution or otherwise, cause such restitution to be made as will, so far as may be, place the  parties \r\nin the position which they would have occupied but  for such decree  or such part  thereof as has been  \r\nvaried or reversed; and, for this purpose, the Court may make any orders,  including orders for the  \r\nrefund of costs and for the  payment  of interest, damages, compensation  and mesne profits, which are \r\nproperly consequential on such variation or reversal. \r\n \r\n \r\n \r\n1Gaz. Of P. 1956, Pt. 1. p. 294. \r\n2Subs. by Adaptation Order, 1937. \r\n3Subs. by Act No.  XIX of 2023, s.15. \r\n4Omitted by the Devolution Act, No. XXXVIII of 1920), s.2 and first Sch., Pt.I. \r\n  \r\n   \r\n \r\nPage 56 of 318 \r\n \r\n(2) No suit shall be instituted for the purpose of obtaining any restitution or other relief which \r\ncould be obtained by application under sub­section (1). \r\n145. Enforcement of liability of surety. Where any person has become liable as surety__ \r\n(a) for the performance of any decree or any part thereof, or \r\n(b) for the restitution of any property taken in execution of a decree, or \r\n(c) for the payment of any money, or for the fulfillment of any conditi on imposed \r\non any person, under an order of the Court in any suit or in any proceedings \r\nconsequent thereon, \r\nthe decree or order may be executed against him, to the extent to which he has rendered himself \r\npersonally liable, in the manner herein provided for the execution of decrees, and such person \r\nshall, for the purposes of appeal, be deemed a party within the meaning of section 47: \r\nProvided that such notice as the Court in each case thinks sufficient has been given to the \r\nsurety. \r\n146. Proceedings by or against representatives. Save as otherwise provided by this Code or \r\nby any law for the time being in force, where any proceeding may be taken or application made by or \r\nagainst any person, then the proceeding may be taken or the application may be made by or a gainst \r\nany person claiming under him. \r\n147. Consent or agreement by person under disability. In all suits to which any person under \r\ndisability is a party, any consent or agreement, as to any proceeding shall, if given or made with the \r\nexpress leave of the Court by the next friend or guardian for the suit, have the same force and effect as   \r\nif such person, were under no disability and had given such consent or made such agreement. \r\n148. Enlargement of time. Where any period is fixed or granted by the Court for the doing of \r\nany act prescribed or allowed by this Code, the Court may, in its discretion, from time to, enlarge such \r\nperiod, even though the period originally fixed or granted may have expired. \r\n149. Power to make up deficiency of court­fees.  Where the whole or any part of any fee \r\nprescribed for any document by the law for the time being in force relating to court­fees has not been \r\npaid, the Court may, in its discretion, at any stage, allow the  person, by whom such fee  is payable, to  \r\npay the whole or part, as the case may be, of such court­fee; and upon such payment the document, in \r\nrespect of which such fee is payable, shall have the same  force and effect as if  such fee had been paid   \r\nin the first instance. \r\n150. Transfer of business. Save as otherwise provided, where the business of any Court is \r\ntransferred to any other Court, the Court to which the business is so transferred shall have the same \r\npowers and shall perform the same duties as those respectively conferred and imposed by or under this \r\nCode upon the Court from which the business was so transferred. \r\n151. Saving of inherent powers of Court.  Nothing in this Code shall be deemed to limit or \r\notherwise affect the inherent power of the Court 1[to be exercised after recording reasons] to make  \r\n \r\n1Ins. by Act No. VII of 2020, s.18.  \r\n   \r\n \r\nPage 57 of 318 \r\n \r\nsuch orders as may be necessary for the ends   of justice or to prevent abuse of the process of the Court. \r\n152. Amendment of judgments, decrees or orders.  Clerical or arithmetical mistakes in \r\njudgments, decrees or orders or errors arising therein from any accidental slip or omission may at any \r\ntime be corrected by the Court either of its own motion or on the application of any of the parties. \r\n153. General power to amend. The Court may at any time, and on such terms as to costs or \r\notherwise as it may think fit, amend any defect or error in any proceeding in a suit; and all necessary \r\namendments shal1 be made for the purpose of determining the real question or issue raised by or \r\ndepending on such proceeding. \r\n154. 1[Omitted].  \r\n155. 2[Omitted]. \r\n156. 3[Repeals.]  \r\n157. Continuance of orders under repealed enactments.  Notifications  published,  \r\ndeclarations and rules made, places appointed, agreements filed, scales prescribed,  forms  framed,  \r\nappointments made and powers conferred under Act VIII of 1859 or under any Code of Civil Procedure \r\nor any Act amending the same or under any other enactment hereby repealed shall,  so far as they are  \r\nconsistent  with this Code, have the same force and effect as if they had been respectively published, \r\nmade, appointed, filed, prescribed, framed and conferred under this Code and by  the authority \r\nempowered thereby in such behalf. \r\n158. Reference to Code of Civil Procedure and other repealed enactments.  In every \r\nenactment or notification passed or issued before the commencement of this Code in which reference \r\nis made to or to any Chapter or section of Act VIII of 1859 or any Code of Civil Procedure or any Act \r\namending the same or any other enactment hereby repealed, such reference shall, so far as may be \r\npracticable, be taken to be made to this Code or to its corresponding Part, Order, section or rule. \r\n4[159. Saving of proceedings.__ All proceedings instituted prior to the commencement of the \r\nCode of Civil Procedure (Amendment) Act, 2023 (Act of 2023) shall be deemed to be the proceedings \r\nof, and dealt in accordance with , the provisions of th is Code which existed prior to the aforesaid \r\ncommencement. \r\nExplanation.__ In this section , the expression “proceedings” includes suit, appeal, review, \r\nrevision, execution applications or any other proceedings and any matter incidental thereto.] \r\n \r\n1Omitted by the Federal Laws (Revision and Declaration) Ordinance, No. XXVII of 1981, s.3and Second Sch. \r\n2Omitted by the Federal Laws (Revision and Declaration) Ordinance, No. XXVII of 1981, s.3 and Second Sch. \r\n3Rep. by the Second Repealing and Amending Act No. XVII of 1914, s.3 and Second Sch. \r\n4Subs. by Act No. XIX of 2023, s. 16. \r\n \r\n \r\n \r\n  \r\n   \r\n \r\nPage 58 of 318 \r\n \r\nTHE FIRST SCHEDULE \r\n(See section 121) \r\n________ \r\nORDER I  \r\nPARTIES TO SUITS \r\n1. Who may be joined as plaintiffs. All Persons may be joined in one suit as plaintiffs in \r\nwhom any right to relief in respect of or arising out of the same act or transaction or series of acts or \r\ntransactions is alleged to exist, whether jointly, severally or in the alternative, where, if such persons \r\nbrought separate suits, any common question of law or fact would arise. \r\n2. Power of Court to order separate trials. Where it appears to the Court that any joinder of \r\nplaintiffs may embarrass or delay the trial of the suit, the Court may put the plaintiffs to their election \r\nor order separate trials or make such other order as may be expedient. \r\n3. Who may be joined as defendants. All persons may be joined as defendants against whom \r\nany right to relief in respect of or arising out of the same act or transaction or series of acts or \r\ntransactions is alleged to exist, whether jointly, severally or in the alternative, where, if separate suits \r\nwere brought against such persons, any common question of law or fact would arise. \r\n4. Court may give judgement for or against one or more of joint parties. Judgment may be \r\ngiven without any amendment__ \r\n(a) for such one or more of the plaintiffs as may be found to be entitled to relief, for \r\nsuch relief as he or they may be entitled to; \r\n(b) against such one or more o f the defendants as may be found to be liable, \r\naccording to their respective liabilities. \r\n5. Defendant need not be interested in all the relief claimed.  It shall not be necessary that \r\nevery defendant shall be interested as to all the relief claimed in any suit against him. \r\n6. Joinder of parties liable on same contract. The plaintiff may, at his option, join as parties \r\nto the same suit all or any of the persons severally, or jointly and severally, liable on any  one  contract,  \r\nincluding parties to bills of exchange, hundis and promissory notes. \r\n7. When plaintiff in doubt from whom redress is to be sought . Where the plaintiff is in \r\ndoubt as to the person from whom he is entitled to obtain redress, he may join two or more defendants \r\nin order that the question as to which of the defendants is liable, and to what extent, may be determined \r\nas between all parties. \r\n8. One person may sue or defend on behalf of all in same interest. __ (1) Where there are  \r\nnumerous persons having the same interest in one suit, one or more of such persons may, with the \r\npermission of the Court, sue or be sued, or may defend, in  such suit, on behalf of or for the  benefit  \r\nof  all persons so interested. But the Court shall in such case give, at the plaintiff's expense, notice of \r\nthe institution of the suit to all such persons either by personal service or, where from the number of \r\npersons or any other cause such service is not reasonably practicable, by public advertisement, as the \r\nCourt in each case may direct. \r\n   \r\n \r\nPage 59 of 318 \r\n \r\n \r\n(2) Any person on whose behalf or for whose benefit a suit is instituted or defended under sub­ \r\nrule (1) may apply to the Court to be made a party to such suit. \r\n9. Misjoinder and nonjoinder. No suit shall be defeated by reason of the  misjoinder  or  non­ \r\njoinder of parties, and the Court may in every suit deal with the matter in controversy so far as regards  \r\nthe rights and interests of the parties actually before it. \r\n10. Suit  in  name  of wrong plaintiff.__ (1) Where a suit has been instituted in the name of the \r\nwrong person as plaintiff or where it is doubtful whether it has been instituted in the name of the right \r\nplaintiff, the Court may at any stage of the suit, if satisfied that the  suit  has been instituted through a \r\nbona fide mistake, and that it is necessary for the determination of the real matter in dispute so to do, \r\norder any other person to be substituted or added as plaintiff upon such terms as the Court thinks just. \r\n(2) Court may strike out or add parties . The Court may at any stage of the proceedings, \r\neither upon or without the  application of either party, and on such terms as may appear to the  Court  \r\nto be  just, order that the name  of any party improperly  join ed, whether as plaintiff or defendant, be  \r\nstruck  out, and that the name of any person who ought  to have  been joined, whether as plaintiff  or \r\ndefendant, or whose presence before the Court may be necessary in order to enable the Court \r\neffectually and completely to adjudicate upon and settle all the questions involved in the suit, be added. \r\n(3) No person shall be added as a plaintiff suing without a next friend or as the next friend of a \r\nplaintiff under any disability without his consent. \r\n(4) Where defendant added, plaint to be amended. Where a defendant is added, the plaint \r\nshall, unless the Court otherwise directs, be amended in such manner as may be necessary, and \r\namended copies of the summons and of the plaint shall be served on the new defendant and, if the \r\nCourt thinks fit, on the original defendant. \r\n(5) Subject to the provisions of the 1[Limitation Act, 1908 ( IX of 1908 )], section 22, the \r\nproceedings as against any person added as defendant shall be deemed to have begun only on the \r\nservice of the summons. \r\n11. Conduct of suit.  The Court may give the conduct of the suit to such person as it deems \r\nproper. \r\n12. Appearance of one of several plaintiffs of defendants for others.__ (1) where there are \r\nmore plaintiffs than one, any one  or more  of them may be  authorized by any other of them to appear, \r\nplead  or act for such other in any proceeding ; and in like manner, where there are more defendants \r\nthan one, any one or more of them may be authorized by any other of them to appear, plead or act for \r\nsuch other   in any proceeding. \r\n(2) The authority shall be in writing signed by the party giving it and shall be filed in Court. \r\n13. Objections as to non­joinder or misjoinder. All objections on the ground of non­joinder \r\nor misjoinder of parties shall be taken at the earliest possible opportunity and, in all cases where issues \r\nare settled, at or before such settlement, unless the ground of objection has subsequently arisen, and \r\nany such objection not so taken shall be deemed to have been waived. \r\n1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and Second Sch., for “Indian Limitation Act, 1877 (15 of \r\n1877)”. \r\n  \r\n   \r\n \r\nPage 60 of 318 \r\n \r\nORDER II  \r\nFRAME OF SUIT \r\n1. Frame of suit. Every suit shall as far as practicable be framed so as to afford ground for \r\nfinal decision upon the subjects in dispute and to prevent further litigation concerning them. \r\n2. Suit to include the whole claim.__ (1) Every suit shall include the whole of the claim which \r\nthe plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish any \r\nportion  of his claim in order to bring the suit within the jurisdiction of any Court. \r\n(2) Relinquishment of part of claim.  Where a pla intiff omits to sue in respect of, or \r\nintentionally relinquishes, any portion of his claim, he shall not afterwards sue in respect of the portion \r\nso omitted or relinquished. \r\n(3) Omission to sue for one of several reliefs.  A person entitled to more than one  relief in \r\nrespect of the same cause of action may sue for all or any of such reliefs ; but if he omits, except with \r\nthe leave of the Court, to sue for all such reliefs, he shall not afterwards sue for any relief so omitted. \r\nExplanation.__ For the purposes  of this rule an obligation and a collateral security for its  \r\nperformance and successive claims arising under the same obligation shall be deemed respectively to \r\nconstitute but one cause of action. \r\nIllustration \r\nA lets a house to B at a yearly rent of Rs.1,200. The rent for the whole of the years 1905, 1906 \r\nand 1907 is due and unpaid. A sues B in 1908 only for the rent, due for 1906. A shall not afterwards \r\nsue B for the rent due for 1905 or 1907. \r\n3. Joinder of causes of action. __ (1) Save as otherwise provid ed, a plaintiff may unite in the \r\nsame suit several causes of action against the same defendant, or the same defendants jointly;  and any \r\nplaintiffs having causes of action in which they are jointly interested against the same defendant or the \r\nsame defendants jointly may unite such causes of action in the same suit. \r\n(2) Where causes of action are united, the jurisdiction of the Court as regards the suit shall \r\ndepend on the amount or value of the aggregate subject-matters at the date of instituting the suit. \r\n4. Only certain claims to be joined for recovery of immoveable property.  No cause of \r\naction shall, unless with the leave of the Court, be joined with a suit for the recovery of immoveable \r\nproperty, except__ \r\n(a) claims for mesne profits or arrears of rent in respect of the property claimed or \r\nany part thereof; \r\n(b) claims for damages for breach of any contract under which the property or any \r\npart thereof is held; and \r\n(c) claims in which the relief sought is based on the same cause of action: \r\nProvided that nothing in this rule shall be deemed to prevent any party in a suit for foreclosure \r\nor redemption from asking to be put into possession of the mortgaged property. \r\n  \r\n   \r\n \r\nPage 61 of 318 \r\n \r\n5. Claims by or against executor, administrator or heir. No claim by or against an executor, \r\nadministrator or heir, as such, shall be joined with claims by or against him personally, unless the last \r\nmentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or \r\ndefendant sues or is sued as executor, administrator or heir, or are such as he was entitled to, or liable \r\nfor, jointly with the deceased person whom he represents. \r\n6. Power of Court to order separate trials. Where it appears to the Court that any causes of \r\naction joined in one suit cannot be convenie ntly tried or disposed of together, the Court may order \r\nseparate trials or make such other order as may be expedient. \r\n7. Objections as to misjoinder. All objections on the ground of misjoinder of causes of action \r\nshall be taken at the earliest possible opportunity and, in all cases where issues arc settled, at or before \r\nsuch settlement, unless the ground of objection has subsequently arisen, and any such objection not so \r\ntaken shall be deemed to have been waived. \r\nORDER   III  \r\nRECOGNIZED AGENTS AND PLEADERS \r\n1. Appearances etc., may be in person, by recognized agent or by pleader. Any appearance, \r\napplication or act in or to any Court, required or authoriz ed by law to be made or done by a party in \r\nsuch Court, may, except where otherwise expressly provided by any law for the time being in force, \r\nbe made or done by the party in person, or by his recognized agent, or by a pleader 1[appearing, \r\napplying or acting, as the case may be,] on his behalf: \r\nProvided that any such appearance shall, if the Court so directs, be made by the party in person. \r\n2. Recognized agents.  The recognized agents of parties by whom such appearances, \r\napplications and acts may be made or done are__ \r\n(a) persons holding powers­of­attorney, authorizing them to make and do such \r\nappearances, applications and acts on behalf of such parties ; \r\n(b) persons carrying on trade or business for and in the names of parties not resident \r\nwithin the local li mits of the jurisdiction of the Court within which limits the \r\nappearance, application or act is made or done, in matters connected with such \r\ntrade or business only, where no other agent is expressly authorized to make and \r\ndo such appearances, applications and acts. \r\n3. Service of process on recognized agent.__ (1) Processes served on the recognized agent of \r\na party shall be as effectual as if the same had been served on the party in person, unless the Court \r\notherwise directs. \r\n(2) The provisions for the service of process on a party to a suit shall apply to the service of \r\nprocess on his recognized agent. \r\n2[4. Appointment of pleader.__ (1) No pleader shall act for any person in any Court, unless he  \r\n \r\n1Subs. by the Code of Civil Procedure (Second Amdt.) Act, 1926 (22 of 1926) s.2, for “duly appointed to act”. \r\n2Subs. by the Code of Civil Procedure (Second Amdt.) Act, 1926 (22 of 1926), s.2, for the original rule 4. \r\n  \r\n   \r\n \r\nPage 62 of 318 \r\n \r\nhas been appointed for the purpose by such person by a document in writing signed by such person or \r\nby his recognized agent or by some other person duly authorized by or under a power­of­attorney to \r\nmake such appointment. \r\n(2) Every such appointment shall be filed in Court and shall be deemed to be in force until \r\ndetermined with the leave of the Court by a writing signed by the client or the pleader, as the case may \r\nbe, and filed in Court, or until the client or the pleader dies, or until all proceedings in the suit are \r\nended so far as regards the client. \r\n(3) For the purposes of sub­rule (2) an application for review of judgment, an application under \r\nsection 144 or section 152 of this Code, any appeal from any decree or order in the suit and any \r\napplication or act for the purpose of obtaining copies of documents or return of documents produced \r\nor filed in the suit or of obtaining refund of monies paid into the Court in connection with the suit shall \r\nbe deemed to be proceedings in the suit. \r\n(4) The High Court may, by general order, direct that, where the person by whom a pleader is \r\nappointed is unab le to write his name, his mark upon the document appointing the pleader shall be \r\nattested by such person and in such manner as may be specified by the order. \r\n(5) No pleader who has been engaged for the purpose of pleading only shall plead on behalf of \r\nany party, unless he has filed in Court a memorandum of appearance signed by himself and stating__ \r\n(a) the names of the parties to the suit, \r\n(b) the name of the party for whom he appears, and \r\n(c) the name of the person by whom he is authorized to appear: \r\nProvided that nothing in this sub­rule shall apply to any pleader engaged to plead on behalf of \r\nany party by any other pleader who has been duly appointed to act in Court on behalf of such party.] \r\n5. Service of process on pleader. Any process served on the pleader of any party or left at the \r\noffice or ordinary residence of such pleader, and whether the same is for the personal appearance of \r\nthe party or not, shall be presumed to be duly communicated and made known to the party whom the \r\npleader represents, and, unless the Court otherwise directs, shall be as effectual for all purposes as if \r\nthe same had been given to or served on the party in person. \r\n6. Agent to accept service.__ (1) Besides the recognized agents described in rule 2 any person \r\nresiding within the jurisdiction of the Court may be appointed an agent to accept service of process. \r\n(2) Appointment to be in writing and to be filed in Court. Such appointment may be special \r\nor general and shall be made by an instrument in writing signed by the principal, and such instrument \r\nor, if the appointment is general, a certified copy thereof shall be filed in Court. \r\n     _________ \r\nORDER IV  \r\nINSTITUTION OF SUITS \r\n1. Suit to be commenced by plaint.__ (1) Every suit  shall be  instituted by  presenting a  plaint  \r\nto the Court or such officer as it appoints in this behalf. \r\n  \r\n   \r\n \r\nPage 63 of 318 \r\n \r\n(2) Every plaint shall comply with the rules contained in Orders VI and VII, so far as they are \r\napplicable. \r\n2. Register of suits. The Court shall cause the particulars of every suit to be entered in a book \r\nto be kept for the purpose and called the register of civil suits. Such entries shall be numbered in every \r\nyear according to the order in which the plaints are admitted. \r\n     _________ \r\n \r\nORDER V \r\nISSUE AND SERVICE OF SUMMONS \r\n \r\nIssue of Summons \r\n1. Summons.__ (1) When a suit has been duly instituted a summons may be issued to the \r\ndefendant to appear and answer the claim on a day to be therein specified: \r\nProvided that no such summons shall be issued when the defendant has appeared at the \r\npresentation of the plaint and admitted the plaintiff’s claim. \r\n(2) A defendant to whom a summons has been issued under sub­rule (1) may appear__ \r\n(a) in person, or \r\n(b) by a pleader duly instructed and able to answer all material questions relating to \r\nthe suit, or \r\n(c) by a pleader accompanied by some person able to answer all such questions. \r\n(3) Every such summons shall be signed by the Judge or such officer as he appoints, and shall \r\nbe sealed with the seal of the Court. \r\n2. Copy or statement annexed to Summons. Every summons shall be accompanied by a copy \r\nof the plaint or, if so permitted, by a concise statement. \r\n3. Court may order defendant or plaintiff to appear in person. __ (1) Where the Court sees \r\nreason to require the personal appearance of the defendant, the summo ns shall order him to appear in \r\nperson in Court on the day therein specified. \r\n(2) Where the Court sees reason to require the personal appearance of the plaintiff on the same \r\nday, it shall make an order for such appearance. \r\n4. No party to be ordered to appear in person unless resident within certain limits.  No \r\nparty shall be ordered to appear in person unless he resides__ \r\n(a) within the local limits of the Court's ordinary original jurisdiction, or \r\n(b) without such limits but at a place less than fifty or (where there is railway or \r\nsteamer communication or other established public conveyance for five­sixths \r\nof the distance between the place where he resides and the place where the Court \r\nis situate) less than two hundred miles distance from the court­house. \r\n  \r\n   \r\n \r\nPage 64 of 318 \r\n \r\n5. Summons to be either to settle issues or for final disposal.  The Court shall determine, at \r\nthe time of issuing the summons, whether it shall be for the settlement of issues onl y, or for the final \r\ndisposal of the suit ; and the summons shall contain a direction accordingly: \r\nProvided that, in every suit heard by a Court of small Causes, the summons shall be for the \r\nfinal disposal of the suit. \r\n6. Fixing day for appearance of defendant. The day for the appearance of the defendant shall \r\nbe fixed with reference to the current business of the Court, the place of residence of the defendant and     \r\nthe time necessary for the service of the summons; and the day shall be so fixed as t o allow the \r\ndefendant sufficient time to enable him to appear and answer on such day. \r\n7. Summons to order defendant to produce documents relied on by him.  The summons to \r\nappear and answer shall order the defendant to produce all documents in his possession or power upon \r\nwhich he intends to rely in support of his case. \r\n8. On issue of summons for final disposal, defendant to be directed to produce his \r\nwitnesses. Where the summons is for the final disposal of the suit, it shall also direct the defendant to \r\nproduce, on the day fixed for his appearance, all witnesses upon whose evidence he intends to rely in \r\nsupport of his case. \r\nService of Summons \r\n9. Delivery or transmission of summons for service.__ (1) Where the defendant resides within \r\nthe jurisdiction of the Court in which the suit is instituted, or has an agent resident  within  that  \r\njurisdiction who is empowered to accept the service of the summons, the  s ummons shall,  unless the  \r\nCourt otherwise directs, be delivered or sent to the proper officer to be served by him or one of his \r\nsubordinates. \r\n(2) The proper officer may be an officer of a Court other than that in which the suit is instituted, \r\nand, where he is such an officer, the summons may be sent to him by post or in such other manner as \r\nthe Court may direct. \r\n1[(3) Unless the Court otherwise directs, the proper officer or an officer authorised by him in \r\nthis behalf shall cause the service of summons and return it to the Court within fifteen days of issue of \r\nsummons.] \r\n10. Mode of service. Service of the summons shall be made by delivering or tendering a copy \r\nthereof signed by the Judge or such officer as he appoints in this behalf, and sealed with the seal of the \r\nCourt. \r\n2[10­A. Service by post .__ (1) Simultaneously with the issue of summon s under rule 9, there \r\nshall be sent, unless otherwise ordered by the Court, to the defendant,  by registered post, \r\nacknowledgment due, another copy of the summons signed and sealed in the manner provided in rule \r\n10. \r\n \r\n \r\n1Added by Act. XIV of 1994, s.11 \r\n2Rule 10­A ins. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. \r\n \r\n   \r\n \r\nPage 65 of 318 \r\n \r\n(2) An acknowledgment purporting to be signed by the defendant of the receipt of the registered \r\ncommunication or endorsement by a postal employee that the defendant refused to take delivery of the \r\nsame shall be deemed by the Court issuing the summons to be prima facie  proof of service of \r\nsummons.] \r\n11. Service on several defendants.  Save as otherwise prescribed, where there are more \r\ndefendants than one, service of the summons shall be made on each defendant. \r\n12. Service to be on defendant in person when practica ble or on his agent. Wherever it is \r\npracticable, service shall be made on the defendant in person, unless he has an agent empowered to \r\naccept service, in which case service on such agent shall be sufficient. \r\n13. Service on agent by whom defendant carries o n business.__ (1) In a suit relating to any  \r\nbusiness or work against a person who does not reside within the local limits of the jurisdiction of the \r\nCourt from which the summons is issued, service on any manager or agent, who, at the time of service, \r\npersonally carries on such business or work for such person within such limits, shall be deemed good \r\nservice. \r\n(2) For the purpose of this rule the master of a ship shall be deemed to be the agent of the owner \r\nor charterer. \r\n14. Service on agent in charge in suits for immoveable property. Where in a suit to obtain \r\nrelief respecting, or compensation for wrong to, immoveable property, service cannot be made on the \r\ndefendant in person, and the defendant has no agent empowered to accept the service, it may be made \r\non any agent of the defendant in charge of the property. \r\n15. Where service may be on male member of defendant ’s family. Where in any suit the \r\ndefendant cannot be found and has no agent empowered to accept service of the summons on his \r\nbehalf, service may be made on any adult male member of the family of the defendant who is residing \r\nwith him. \r\nExplanation.__ A servant is not a member of the family within the meaning of this rule. \r\n16. Person served to sign acknowledgment.  Where the serving officer delivers or te nders a \r\ncopy   of the summons to the defendant personally, or to an agent or other person on his behalf, he \r\nshall require the signature of the person to whom the copy is so delivered or tendered to an \r\nacknowledgment of service endorsed on the original summons. \r\n17. Procedure when defendant refuses to accept service, or cannot be found.  Where the \r\ndefendant or his agent or such other person as aforesaid refuses to sign the acknowledgment, or where  \r\nthe serving officer, after using all due and reasonable dilige nce, cannot find the defendant, and there \r\nis   no agent empowered to accept service of the summons on his behalf, nor any other person on whom \r\nservice can be made, the serving officer shall affix a copy of the summons on the outer door or some \r\nother conspicuous part of the house in which the defendant ordinarily resides or carries on business or \r\npersonally works for gain,  and shall then return the original to the Court from which it  was issued, \r\nwith  a report endorsed thereon or annexed thereto stating th at he has so affixed the copy, the \r\ncircumstances under which he did so, and the name and address of the person (if any) by whom the  \r\nhouse  was identified and in whose presence the copy was affixed. \r\n18. Endorsement of time and manner of service . The servin g officer shall, in all cases in \r\nwhich  the  summons  has  been  served under  rule 16, endorse  or  annex, or  cause to be endorsed or \r\n  \r\n   \r\n \r\nPage 66 of 318 \r\n \r\nannexed, on or to the original summons, a return stating the time when and the manner in which the \r\nsummons was served, and the name and address of the person (if any) identifying the person served \r\nand witnessing the delivery or tender of the summons. \r\n19. Examination of serving officer . Where a summons is returned under rule 17, the Court \r\nshall, if the return under that rule has not been verified by the affidavit of the serving officer, and may, \r\nif it has been so verified, examine the serving officer on oath, or cause him to be so examined by \r\nanother Court, touching his proceedings, and may make such further inquiry in the matter as it thinks \r\nfit; and shall either declare that the summons has been duly served or order such service as it thinks \r\nfit. \r\n20. Substituted service. 1[(1) Where the Court is satisfied that there is reason to believe that \r\nthe defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason \r\nthe summons cannot be served in the ordinary way, the Court shall order for service of summons by__ \r\n(a) affixing a copy of the summons at some conspicuous part of the house, if any,  \r\nin which the defendant is known to have last resided or carried on business or \r\npersonally worked for gain; or \r\n(b) any electronic device of communication which may include telegram, \r\ntelephone, phonogram, telex, fax, radio and television; or \r\n(c) urgent mail service or public courier services; or \r\n(d) beat of drum in the locality where the defendant resides; or \r\n(e) publication in press; or \r\n(f) any other manner or mode as it may think fit: \r\nProvided that the Court may order the use of all or any of the aforesaid manners and modes of \r\nservice simultaneously.] \r\n(2) Effects of substituted service. Service substituted by order of the Court shall be as effectual \r\nas if it had been made on the defendant personally. \r\n(3) Where service substituted, time for appearance to be fixed. Where service is substituted \r\nby order of the Court, the Court shall fix such time for the appearance of the defendant as the case may \r\nrequire 1[which shall not ordinarily exceed fifteen days.] \r\n21. Service of summons where defendant resides within jurisdiction of another Court. A \r\nsummons may be sent by the Court by which it is issued, whether within or without the province, either \r\nby one of its officers or by post to any Court (not being the High Court) having jurisdiction in the place \r\nwhere the defendant resides. \r\n22. [Service within Presidency towns of summons issued by Courts outside.] Omitted by A. O., \r\n1949. \r\n \r\n \r\n1Subs and added by Act. XIV of 1994, s.11. \r\n   \r\n \r\nPage 67 of 318 \r\n \r\n23. Duty of Court to which summons is sent.  The Court to which a summons is sent under rule \r\n21 1[* *  *] shall, upon receipt thereof, proceed as if  it  had been issued by such Court and shall then return  \r\nthe summons to the Court of issue, together with the record (if any) of its proceedings with  regard  thereto. \r\n24. Service on defendant in prison.  Where the defendant is confined in a prison, the summons \r\nshall be delivered or sent by post or otherwise to the officer in charge of the prison for service on the \r\ndefendant. \r\n25. Service where defendant resides out of Pakistan and has no agent . Where the def endant \r\nresides out of 2[Pakistan] and has no agent in 2[Pakistan] empowered to accept service, the summons shall \r\n3[except in the cases mentioned in rule 26A] be addressed to the defendant at the place where he is residing \r\nand sent to him by post, if there is postal communication between such place and the place where the Court \r\nis situate. \r\n426. Service in foreign territory through Political Agent or Court. Where__ \r\n(a) in the exercise of any foreign 5[or extra  provincial jurisdiction vested in the \r\n6[Federal Government]], a Political Agent has been appointed, or a Court has been \r\nestablished or continued, with power to serve a summons issued by a Court under \r\nthis Code in any foreign territory in which the defendant resides, or \r\n \r\n1The words and figures “or rule 22” omitted by A.O., 1949. \r\n2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Provinces \r\nand the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”. \r\n3Ins. by the Code of Civil Procedure (Amdt.) Act, 1950 (68 of 1950), s.2 (with effect from the 1st September, 1951). \r\n1Provisions of s.29 have been applied to__ \r\n(i)the Civil Courts in the Federation of Malaya in so far as the Chief Commissioner’s Province of Baluchistan and the Capital of the Federation are \r\nconcerned, see Gaz. of P., 1949, Pt.I, P.258 and ibid., Pt.II A, P. 68 \r\n(ii)all Civil and Revenue Courts of India; and service by any Civil or Revenue Court of India of any summons issued under the Code of Civil Procedure, \r\n1908, by a Court of the Province of Sind shall be deemed to be valid, see Sind Government Gazette, Extraordinary, dated 3rd July, 1952. Pt. I, P. 437. \r\n(iii)all Civil and Revenue Courts in India and Service by such Courts of any summons issued under the said Code by a Court in the N.W.F.P, Baluchistan \r\nor Karachi shall be deemed to be valid service, see N.W.F.P Government Gazette, 1952, Pt. I, P. 248 and Gaz., of P. 1952, Pt. I, P. 119 and ibid., Pt. VI, \r\np. 126. \r\n(iv)all Civil and Revenue Courts in India; and that service by such Courts of any summons issued under the said Code by a Court in Khairpur State shall \r\nbe deemed to be valid service, see Khairpur State Gazette, Ext., 1952, dated the 18th September, 1952. \r\n(v)all Civil and Revenue Courts in India; and service by such Courts of any summons issued under the said Code by a Court in the Bahawalpur State \r\nshall be deemed to be valid service, see Bahawalpur Govt. Gazette, dated the 2nd October, 1952. \r\n(vi)all Civil and Revenue Courts of India; and service by any civil or Revenue Court in India, within whose jurisdiction the person to be served resides \r\nof any summons issued by a Court under the said  Code shall be deemend to be valid service, see Punjab Gazette, Ext., 1951, dated the 1st September, \r\n1951, p. 1743. \r\n(vii)all Civil and Revenue Courts in the Union of Burma, in respect of Baluchistan; and service by such Courts of any summons  issued under the said \r\nCode by a Court in Baluchistan shall be deemed to be valid service see Gaz. of P., Ext., 1954, p. 1873. \r\n(viii)all Civil and Revenue Courts in the Union of Burma, in respect of Karachi; and service by such Courts of any summons issued under the said Code \r\nby a Court in Karachi shall be deemed to be valid service, see Gaz. of p., Extra., 1954, p. 1997. \r\n(ix)all Civil and Revenue Courts of the Union of Burma; and service by such Courts of Summonss issued under the said Code by A Court in East Bengal \r\nshall be deemed to be valid service, see Dacca Gazette, Ext., dated 18th October, 1954, Pt. I, p. 3053. \r\n(x)all Civil and Revenue Courts of the Union of Burma; and service by such Courts of any summons issued under the said Code by a Court in the N.W.F.P, \r\nshall be deemed to be valid service, see N.W.F.P, Gazette, 1954, Pt. I, p. 523. \r\n(xi)all Civil and Revenue Courts of the Union of Burma; and service by such Courts of any summons issued under the said Code by a Court in the \r\nProvince of Punjab, shall be deemed to be valid service, see Gaz. of Punjab, 1954, Pt. I, p. 843. \r\n(xii)all Civil and Revenue Courts of the Union of Burma; and service by such Courts of any summons issued under the said Code  by a Court in the \r\nProvince of Sind, shall be deemed to be valid service, w.e.f. 18th October, 1954, see Gaz. of Sind, 1954, pt I, p. 940. \r\n(xiii)all Civil and Revenue Courts in the Federal Republic of Germany; and service by such Courts of summons issued under the said Code by a Court in \r\nBaluchistan shall be deemed to be valid service, see Gaz. of P. 1955, Pt. I, p. 126. \r\n(xiv)the summonses issued by any Civil or Revenue Courts in Pakistan may be sent to the Courts in the Union of Burma and served as if they had been \r\nissued by such Courts, see Gaz of 1955, P.I, p. 143. \r\n(xv)service by any Court situated in Pakistan, of any summons issued by a Court of the Union of Burma shall be deemed to be valid service, see Gaz. of \r\nP., 1955, Pt. I, p. 143. \r\n(xvi)all Civil and Revenue Courts in the Federal Republic of Germany an services by such Courts of any summons issued under the said Code by a Court \r\nin Karachi, shall be deemed to be valid service, with effect on and from the 1st June, 1955, see Gaz. Of P., 1955, Pt. VI, p. 102. \r\n(xvii)all Civil and Revenue Courts in the Federal Republic of Germany; and service by such Courts of any summons issued under the said Code by a \r\nCourt in the Province of East Bengal shall be deemed to be valid service see Dacca Gazette, 1955, Pt. I, p. 1051. \r\n(xviii)all Civil Courts in Switzerland and the service by such Courts of any summons issued under the Code (C.Pr.C.) by a Court in the Province of W. \r\nPakistan shall be deemed to be valid service, see W.P. Gaz., 1959, Ext. p. 843. \r\n5Subs. by A.O., 1949, for “jurisdiction vested in His Majesty or in [the Central Govt. or the Crown Representative]”. The words in crotchet had been \r\nsubs., for “the G.G in C.” by A.O., 1937. \r\n6Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\n  \r\n   \r\n \r\nPage 68 of 318 \r\n \r\n1[(b)  2[the Provincial Government] has, by notification in the 3[official Gazette], \r\ndeclared4, in respect of any Court situate in any such territory and not  \r\nestablished or continued in the exercise of any such jurisdiction as aforesaid, \r\nthat service by such Court of any summons 5[issued under this Code by a Court \r\nof the Province] shall be deemed to be valid service,] \r\nthe summons may be sent to such Political Agent or Court, by post or otherwise, for the purpose \r\nof being served upon the defendant ; and, if the Political Agent or Court returns the summons \r\nwith an endorsement signed by s uch Political Agent or by the Judge or other officer of the \r\nCourt that the summons has been served on the defendant in manner hereinbefore directed, \r\nsuch endorsement shall be deemed to be evidence of service. \r\n6[26A. Service on civil public officer or on servant of railway company or local authority, \r\nin India. where the defendant is a servant (not belonging to the military, naval or air forces) of any \r\nGovernment in India, or a servant of a railway company or local authority in India, the summons \r\ntogether with a copy of it to be retained by the defendant shall be sent, with a request that it may be  \r\nserved on the defendant,__ \r\n(a) in the case of a defendant serving in connection with the affairs of the \r\nGovernment of India or a servant of a Railway in India, to the Secretary to the \r\nGovernment of India in the Ministry of Home Affairs, and \r\n(b) in the case of a defendant serving in connection with the affairs of any other \r\nGovernment in India, or in the case of a servant of a local authority in India, to \r\nthe Home Sec retary to that Government or, as the case may be, to the Home \r\nSecretary to the Government in whose territories the local authority has its \r\njurisdiction.] \r\n27. Service on civil public officer or on servant of railway company or local authority.  \r\nWhere the defendant is a public officer (not belonging to 7[the armed forces of Pakistan] 8[* * *], or is \r\nthe servant of a railway company or local authority, the Court may, if it appears to it that the summons \r\nmay be most conveniently so served, send if for service on  the defendant to the head of the office in \r\nwhich he is employed, together with a copy to be retained by the defendant. \r\n28. Service on soldiers, sailors or airmen . Where the defendant is a soldier, 9[sailor] 10[or \r\nairman], the Court shall send the summons for service to his commanding officer together with a copy \r\nto be retained by the defendant. \r\n \r\n \r\n1Subs. by the Second Repealing and Amending Act, 1914 (17 of 1914), s.2 and First Sch., for the original cl. (b). \r\n2Subs. by A.O., 1937, for “the G.G. in C.”.  \r\n3Subs. ibid., for “Gazette of Inda”. \r\n4Service by any Civil Court in the Federation of Malaya, of any summons issued under the Code of Civil Procedure by a Court of the Chief Commissioners’ \r\nProvinces of Baluchistan and Karachi, shall be deemed to be valid service, see Gaz. Of P., dated the 29th February, 1952 Pt. I, p. 144, and ibid., dated the \r\n14th March, 1952, Pt. IIA, p. 60. \r\n5Subs. by A.O., 1937, for “issued by a Court under this Code”. \r\n6S.26A ins. by the Code of Civil Procedure (Amdt.) Act, 1950 (68 of 1950), s.3 (with effect from the 1st September, 1951). \r\n7Subs. by A.O., 1961, Art 2 and Sch. (with effect from the 23rd March, 1956), for “His Majesty’s military, [naval or air] forces”. The words in crotchets \r\nhad been subs. by the Repealing and Amending Act, 1927 (10 of 1927), s.2 and 1st Sch., “or naval”. \r\n8The words “or His Majesty’s Indian Marine Service” omitted by the Amending Act, 1934 (35 of 1934), s.2 and Sch. \r\n9Ins. ibid. \r\n10Ins. by Act 10 of 1927, s.2 and 1s Sch. \r\n  \r\n   \r\n \r\nPage 69 of 318 \r\n \r\n29. Duty of person to whom summons is delivered or sent for services. __ (1) Where a \r\nsummons is delivered or sent to any person for service under rule 24, rule 27 or rule  28, such person \r\nshall be  bound to serve it, if possible, and to return it under his signature, with the written \r\nacknowledgement of  the defendant, and such signature shall be deemed to be evidence of service. \r\n(2) Where from any cause service is impossible, the summons shall be returned to the Court \r\nwith a full statement of such cause and of the steps taken to procure service, and such statement shall \r\nbe deemed to be evidence of non­service. \r\n30. Substitution of letter for summons. __ (1) The Court may, notwithstanding  anything  \r\nherein  before contained, substitute for a summons a letter sig ned by the Judge  or such officer as he  \r\nmay  appoint in this behalf, where the defendant is, in the  opinion  of the  Court, of a  rank entitling \r\nhim to such mark of consideration. \r\n(2) A letter substituted under sub­rule (1) shall contain all the particul ars required to be stated \r\nin a summons, and, subject to the provisions of sub­rule (3), shall be treated in all respects as a \r\nsummons. \r\n(3) A letter so substituted may be sent to the defendant by post or by a special messenger \r\nselected by the Court, or in any other manner which the Court thinks fit; and, where the defendant has \r\nan agent empowered to accept service, the letter may be delivered or sent to such agent. \r\nORDER VI  \r\nPLEADINGS GENERALLY \r\n1. Pleading. “Pleading” shall mean plaint or written statement. \r\n2. Pleading to state material facts and not evidence.  Every pleading shall contain, and \r\ncontain only, a statement in a concise form of the material facts on which the party pleading relies for \r\nhis claim or defence, as the case may be, but not the evidence by which they are to be proved, and \r\nshall, when necessary, be divided into paragraphs, numbered consecutively. Dates, sums and numbers \r\nshall be expressed in figures. \r\n3. Forms of pleading.  The forms in Appendix A when applicable, and where they are not \r\napplicable forms of the like character, as nearly as may be, shall be used for all pleadings. \r\n4. Particulars to be given where necessary. In all cases in which the party pleading relies on \r\nany misrepresentation, fraud, breach of trust, willful default, or undue influence, and in all other cases \r\nin which particul ars may be necessary beyond such as are exemplified in the forms aforesaid \r\nparticulars (with dates and items if necessary) shall be stated in the pleading. \r\n5. Further and better statement, or particulars. A further and better statement of the nature \r\nof the claim or defence, or further and better particulars of any matter stated in any pleading, may in \r\nall cases be ordered, upon such terms, as to costs and otherwise, as may be just. \r\n6. Condition precedent. Any condition precedent, the performance or occurrence of which is \r\nintended to be contested, shall be distinctly specified in his pleading by the plaintiff or defendant, as \r\nthe case may be; and, subject thereto, an averment of the performance or occurrence of all conditions \r\nprecedent necessary for the case of the plaintiff or defendant shall be implied in his pleading. \r\n \r\n   \r\n \r\nPage 70 of 318 \r\n \r\n7. Departure. No pleading shall, except by way of amendment, raise any new ground of claim \r\nor contain any allegation of fact inconsistent with the previous pleadings of the party pleading the \r\nsame. \r\n8. Denial of contract. Where a contract is alleged in any pleading, a bare denial of the same \r\nby the opposite party shall be construed only as a denial in fact of the express contract alleged or of \r\nthe matters of fact from which the same may be implied, and not as a denial of t he legality or \r\nsufficiency in law of such contract. \r\n9. Effect of document to be stated.  Wherever the contents of any document are material, it \r\nshall be sufficient in any pleading to state the effect thereof as briefly as possible, without setting out \r\nthe whole or any part thereof, unless the precise words of the document or any part thereof are material. \r\n10. Malice, knowledge, etc.  Wherever it is material to allege malice, fraudulent intention, \r\nknowledge or other condition of the mind of any person, it shal l be sufficient to allege the same as a \r\nfact without setting out the circumstances from which the same is to be inferred. \r\n11. Notice. Wherever it is material to allege notice to any person of any fact, matter or thing, \r\nit shall be sufficient to allege such notice as a fact, unless the form or the precise terms of such notice, \r\nor the circumstances from which such notice is to be inferred, are material. \r\n12. Implied contract or relation. Whenever any contract or any relation between any persons \r\nis to be implied from a series of letters or conversations or otherwise from a number of circumstances, \r\nit shall be sufficient to allege such contract or relation as a fact, and to refer generally to such letters, \r\nconversations or circumstances without setting them out i n detail. And if in such case the person so \r\npleading desires to rely in the alternative upon more contracts or relations than one as to be implied \r\nfrom such circumstances, he may state the same in the alternative. \r\n13. Presumptions of law. Neither party need in any pleading allege any matter of fact which \r\nthe law presumes in his favour or as to which the burden of proof lies upon the other side unless the \r\nsame has first been specifically denied (e.g., consideration for a bill of exchange where the plaintiff \r\nsues only on the bill and not for the consideration as a substantive ground of claim). \r\n14. Pleading to be signed. Every pleading shall be signed by the party and his pleader (if any): \r\nProvided that where a party pleading is, by reason of absence or for other good cause, unable to sign    \r\nthe pleading, it may be signed by any person duly authorized by him to sign the same or to sue or \r\ndefend on his behalf. \r\n15. Verification of pleadings.__ (1) Save as otherwise provided by any law for the  time  being \r\nin force, every pleading shall be verified 1[on oath or solemn affirmation] at the foot  by the  party or \r\nby  one of the  parties pleading or by some other person proved to the satisfaction of the Court to be \r\nacquainted with the facts of the case. \r\n(2) The person verifying shall specify, by reference to the numbered paragraphs of the pleading, \r\nwhat he verifies of his own know ledge and what he verifies upon information received and believed \r\nto be true. \r\n(3) The verification shall be signed by the person making it and shall state the date on which \r\nand the place at which it was signed. \r\n \r\n1Ins. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. \r\n   \r\n \r\nPage 71 of 318 \r\n \r\n16. Striking out pleadings. The Court may at any stage of the proceedings order to be struck \r\nout or amended any matter in any pleading which may be unnecessary or scandalous or which may \r\ntend to prejudice, embarrass or delay the fair trial of the suit. \r\n17. Amendment of pleadings. The Court may at any stage of the proceedings allow either \r\nparty to alter or amend his pleadings in such manner and on such terms as may be just, and all such \r\namendments shall be made as may be necessary for the purpose of determining the real questions i n \r\ncontroversy between the parties. \r\n18. Failure to amend after order.  If a party who has obtained an order for leave to amend \r\ndoes not amend accordingly within the time limited for that purpose by the order, or if no time is \r\nthereby limited then within fourteen days from the date of the order, he shall not be permitted to amend \r\nafter the expiration of such limited time as aforesaid or of such fourteen days, as the case may be, \r\nunless the time is extended by the Court. \r\n_______ \r\nORDER VII \r\nPLAINT \r\n1. Particulars to be contained in plaint. The plaint shall contain the following particulars:__ \r\n(a) the name of the Court in which the suit is brought; \r\n(b) the name, description and place of residence of the plaintiff; \r\n(c) the name, description and place of residence of the defendant, so far as they can \r\nbe ascertained; \r\n(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a \r\nstatement to that effect; \r\n(e) the facts constituting the cause of action and when it arose; \r\n(f) the facts showing that the Court has jurisdiction; \r\n(g) the relief which the plaintiff claims; \r\n(h) where the plaintiff has allowed a set­off or relinquished a portion of his claim, \r\nthe amount so allowed or relinquished; and \r\n(i) a statement of the value of the subject­matter of the suit for the purposes of \r\njurisdiction and of court­fees, so far as the case admits.  \r\n2. In money suits. Where the plaintiff seeks the recovery of money, the plaint shall state the \r\nprecise amount claimed: \r\nBut where the plaintiff sues for mesne profits, or for an amount which will be found due to him \r\non taking unsettled accounts between him and the defendant, the plaint shall state approximately the \r\namount sued for. \r\n \r\n   \r\n \r\nPage 72 of 318 \r\n \r\n3. Where the subject­matter of the suit is immoveable property.  Where the subject­matter \r\nof the suit is immoveable property, the plaint shall contain a description of the property sufficient to \r\nidentify it, and, in case such property can be identified by boundaries or numbers in a record of \r\nsettlement of survey, the plaint shall specify such boundaries or numbers. \r\n4. When plaintiff sues as representative. Where the plaintiff sues in a representative character \r\nthe plaint shall show not only that he has an actual existing interest in the subject­matter, but that he \r\nhas taken the steps (if any) necessary to enable him to institute a suit concerning it. \r\n5. Defendant`s interest and liability to be shown. The plaint shall show that the defendant is \r\nor claims to be interested in the subject­matter, and that he is liable to be called upon to answer the \r\nplaintiff's demand. \r\n6. Grounds of exemption from limitation law. Where the suit is instituted after the expiration \r\nof the period prescribed by the law of limitation, the plaint shall show the ground upon which \r\nexemption from such law is claimed. \r\n7. Relief to be specifically stated . Every plaint shall state specifically the relief which the \r\nplaintiff claims either simply or in the alternative, and it shall not be necessary to ask for general or \r\nother relief which may always be given as the Court may think just to the same extent as if it had been \r\nasked for. And the same rule shall apply to any relief claimed by the defendant in his written statement. \r\n8. Relief founded on separate grounds. Where the plaintiff seeks relief in respect of several \r\ndistinct claims or causes of action founded upon separate and distinct grounds, they shall be stated as \r\nfar as may be separately and distinctly. \r\n9. Procedure of admitting plaint.__ 1[(1)The plaintiff shall endorse on the plaint, or annex \r\nthereto, a list of the documents (if any) which he has produced along with it. \r\n(1A) The plaintiff shall present with his plaint__ \r\n(a) as many copies on plain paper of the plaint as there are defendants, plus two \r\nextra copies, unless the Court, by reason of the length of the plaint or the number \r\nof the defendants, or for any other sufficient reason, permits him to present a \r\nlike number of concise statements of the nature of the claim made, or of the \r\nrelief claimed in the suit, in which case he shall present such statements; and \r\n(b) draft forms of summons and fees for the service thereof.] \r\n(2) Concise statements. Where the plaintiff sues, or the defendant or any of the defendants is \r\nsued,    in a representative capacity, such statements shall show in what capacity the plaintiff or \r\ndefendant sues   or is sued. \r\n(3) The plaintiff may, by leave of the Court, amend such statements so as to make them \r\ncorrespond with the plaint. \r\n(4) The chief ministerial officer of the Court shall sign such list and copies or statements if, on \r\nexamination, he finds them to be correct. \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for the original sub­rule (1). \r\n  \r\n   \r\n \r\nPage 73 of 318 \r\n \r\n10. Return of plaint.__ (1) The plaint shall at any stage of the suit be returned to be presented \r\nto the Court in which the suit should have been instituted. \r\n(2) Procedure on returning plaint. On returning a plaint the Judge shall endorse thereon the \r\ndate of its presentation and return, the name of the party presenting it, and a brief statement of the \r\nreasons for returning it. \r\n11. Rejection of plaint. The plaint shall be rejected in the following cases:__ \r\n(a) where it does not disclose a cause of action: \r\n(b) where the relief claimed is under valued, and the plaintiff, on being required by \r\nthe Court to correct the valuation within a time to be fixed by the Court, fails to \r\ndo so: \r\n(c) where the relief claimed is properly valued, but the plaint is written upon paper \r\ninsufficiently stamped, and the plaintiff, on being required by the Court to \r\nsupply the requisite stamp­paper within a time to be fixed by the Court, fails to \r\ndo so: \r\n(d) where the suit appears from the statement in the plaint to be barred by any law. \r\n12. Procedure on rejecting plaint. Where a plaint is rejected the Judge shall record an order \r\nto that effect with the reasons for such order. \r\n13. Where rejection of plaint does not preclude presentation of fresh plaint. The rejection \r\nof the plaint on any of the grounds hereinbefore mentioned shall not of its own force preclude the \r\nplaintiff from presenting a fresh plaint in respect of the same cause of action. \r\nDocuments relied on in Plaint \r\n14. Production   of document   on   which plaintiff sues. __ (1) Where a plaintiff sues upon a \r\ndocument in his possession or power, he shall produce it in  Court  when the  plaint  is presented, and  \r\nshall at the same time deliver the document or a copy thereof to be filed with the plaint. \r\n(2) List of other documents.  Where he relies on any other documents (whether in his \r\npossession or power or not) as evidence in support of his claim, he shall enter such documents in a list \r\nto be added or annexed to the plaint. \r\n15. Statement in case of documents not in plaintiff’s possession or power. Where any such \r\ndocument is not in the possession or power of the plaintiff, he shall, if possible, state in whose \r\npossession or power it is. \r\n16. Suits on last negotiable instruments.  Where the suit is founded upon a negotiable \r\ninstrument, and it is proved that the instrument is lost, and an indemnity is given by the plaintiff, to the \r\nsatisfaction   of the Court, against the claims of any other person upon such instrument, the Court may \r\npass such decree as it would have passed if the plaintiff had produced the instrument in Court when \r\nthe plaint was presented, and had at the same time delivered a copy of the instrument to be filed with \r\nthe plaint. \r\n \r\n  \r\n   \r\n \r\nPage 74 of 318 \r\n \r\n17. Production of shop­book. __ (1) Save in so far as is otherwise provided by the Bankers ’ \r\nBooks Evidence Act, 1891 (XVIII of 1891), where the document on which the plaintiff sues is an entry \r\nin a shop­book or other account in his possession or power the plaintiff shall produce the book,  or \r\naccount at the time of filing the plaint, together with a copy of the entry on which he relies. \r\n(2) Original entry to be marked and returned.  The Court, or such officer as it appoints in \r\nthis behalf shall forthwith mark the document for the purpose of identification; and, after examining \r\nand comparing the copy with the original, shall, if it is found correct, certify it to be so and return the \r\nbook, to the plaintiff and cause the copy to be filed. \r\n18. Inadmissibility of document not produced when plaint filed. __ (1) A document which \r\nought to be produced in Court by the plaintiff when the plaint is presented, or to be entered in the list  \r\nto be added or annexed to the  pliant, and which is no t  produced, or entered accordingly,  shall not, \r\nwithout  the leave of the Court, be received in evidence on his behalf at the hearing of the suit. \r\n(2) Nothing in this rule applies to documents produced for cross­examination of the defendant’s \r\nwitnesses, or in answer to any case set up by the defendant or handed to a witness merely to refresh \r\nhis memory. \r\n1[19. Address to be filed with plaint .__ (1) Every plaint or original petition shall be \r\naccompanied by a proceeding giving an address at which service  of notice, summons or other process \r\nmay be  made  on the plaintiff or petitioner. \r\n(2) Plaintiffs or petitioners subsequently added shall immediately on being so added file a \r\nproceeding of this nature. \r\n(3) The address filed under this rule shall be entered in the Register of suits maintained under \r\nOrder IV, rule 2. \r\n20. Nature of address to be filed. An address for service filed under the preceding rule shall \r\nbe within the local limits of the District Court within which the suit or petition is filed, or of the District \r\nCourt within which the party ordinarily resides. \r\n21. Consequences of failure to file address.  Where a plaintiff or petitioner fails to file an \r\naddress for service 2[the court may direct him to file such address and if he fails to do so after giving  \r\nhim opportunity], he shall be liable to have his suit dismissed or his petition rejected by the Court suo \r\nmoto or any party may apply for an order to that effect, and the Court may make such order as it thinks \r\njust. \r\n22. Procedure when party not found at t he place of address. __ (1) Where a  party is not  \r\nfound at  the address given by him for service and no agent or adult male  member of his  family  on \r\nwhom a  notice, summons or other process can be served is present, a copy of the notice, summons or \r\nother  process shall be fixed to the outer door of the house. \r\n(2) If, on the date fixed, such party is not present, another date shall be fixed and a copy of the \r\nnotice, summons or other process shall be sent to the said address by registered post, and such service \r\nshall be deemed to be as effectual as if the notice, summons or other process had been personally \r\nserved. \r\n \r\n1Rules 19 to 26 added by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. \r\n2Added by S.R.O. 579(1)/2014, dt: 18­6­2014. \r\n   \r\n \r\nPage 75 of 318 \r\n \r\n23. Service on pleader. Where a party engages a pleader, notices, summons or other processes \r\nfor service on him shall be served in the manner prescribed by Order III, rule 5, unless the Court directs \r\nservice at the address for service given by the party. \r\n24. Change of address. A party who desires to change the address for service given by him as \r\naforesaid shall file a verified petition, and the Court may direct the amendment of the record \r\naccordingly. Notice of such petition shall be given to such other parties to the suit as the Court may \r\ndeem it necessary to inform, and may be either served upon the pleaders for such parties or be sent to \r\nthem by registered post, as the Court thinks fit. \r\n25. Service by other modes. Nothing in these rules shall prevent the Court from directing the \r\nservice of a notice, summons or other process in any other manner, if, for any reasons, it thinks fit to \r\ndo so. \r\n26. List of legal representatives of Plaintiff.__ (1) In every suit of the nature referred to in rule \r\n3, Order XXII, the plaint shall be accompanied by a statement giving__ \r\n(a) the names and addresses of the persons whom, in the event of the death of the \r\nplaintiff, may be made a party as his legal representatives; \r\n(b) the name and address of the person who, in the event of the death of the plaintiff, \r\nshall intimate such fact to the Court, furnish the Court with the names, \r\nparticulars and addresses   of the legal representatives of the plaintiff and make \r\nan application for the legal representatives to be made a party. \r\n(2) A plaintiff may at any time__ \r\n(a) file in the Court an amended list, of his presumptive legal representatives; \r\n(b) nominate another person, in the place of the person nominated under clause (b) \r\nof sub­rule (1), for the purposes of that clause. \r\n(3) A nomination made under clause (b) of sub­rule (1) shall, unless varied under clause (b) of \r\nsub­rule (2) remain in force throughout the pendency of the suit and any proceedings arising therefrom, \r\nincluding appeal, revision and review.]. \r\n_______ \r\nORDER VIII \r\nWRITTEN STATEMENT AND SET­OFF \r\n1. Written statement. The defendant may, and, if so required by the Court, shall, at or before \r\nthe first hearing or within such time as the Court may permit, present a written statement of his defence \r\n[:]1 \r\n2[Provided that the period allowed for filing the written statement shall not ordinarily exceed  \r\n3[thirty] days.] \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. for full­stop. \r\n2Proviso added ibid. \r\n3Subs. by Act. XIV of 1994, S.11. \r\n  \r\n   \r\n \r\nPage 76 of 318 \r\n \r\n \r\n2. New facts must be specially pleaded. The defendant must raise by his pleading all matters, \r\nwhich show the suit not to be maintainable, or that the transaction is either void or voidable in point of \r\nlaw, and all such grounds of defence as, if not raised, would be likely to take the opposite p arty by \r\nsurprise, or would raise issues of fact not arising out of the plaint, as, for instance, fraud, limitation, \r\nrelease, payment, performance, or facts showing illegality. \r\n3. Denial to be specific.  It shall not be sufficient for a defendant in his writ ten statement to \r\ndeny generally the grounds alleged by the plaintiff, but the defendant must deal specifically with each \r\nallegation of fact of which he does not admit the truth, except damages. \r\n4. Evasive denial. Where a defendant denies an allegation of fact in the plaint, he must not do \r\nso evasively, but answer the point of substance. Thus, if it is alleged that he received a certain sum of \r\nmoney, it shall not be sufficient to deny that he received that particular amount, but he must deny that \r\nhe received that sum or any part thereof, or else set out how much he received. And if an allegation is \r\nmade with diverse circumstances, it shall not be sufficient to deny it along with those circumstances. \r\n5. Specific denial.  Every allegation of fact in the plaint, if not denied specifically or by \r\nnecessary implication, or stated to be not admitted in the pleading of the defendant, shall be taken to \r\nbe admitted except as against a person under disability: \r\nProvided that the Court may in its discretion require any fact so admitted to be proved otherwise \r\nthan by such admission. \r\n6. Particular  of set­off to  be  given in written statement. __ (1) Where in a suit for the \r\nrecovery of money the defendant claims to set­off against the  plaintiff's demand any ascertained sum \r\nof money  legally recoverable by him from the plaintiff, not  exceeding the  pecuniary limits  of the  \r\njurisdiction  of the Court, and both parties fill the same  character as they fill in the  plaintiff's suit, the  \r\ndefendant  may,  at the first hearing of the suit, but not afterwards unless permitted by the Court, \r\npresent a written statement containing the particulars of the debt sought to be set­off. \r\n(2) Effect of Set­off. The written statement shall have the same effect as a plaint in a cross­suit \r\nso as to enable the Court to pronounce a final judgement in respect both of the original claim and of \r\nthe set­off: but this shall not affect the lien, upon the amount decreed, of any pleader in respect of the \r\ncosts payable to him under the decree. \r\n(3) The rules relating to a written statement by a defendant apply to a written statement in \r\nanswer    to a claim of set­off. \r\nIllustrations \r\n(a) A bequeaths Rs.2,000 to B and appoints C h is executor and residuary legatee. \r\nB dies and D takes out administration to B's effect. C pays Rs.1,000 as surety \r\nfor D: then D sues C for    the legacy. C cannot set­off the debt of Rs.1,000 \r\nagainst the legacy, for neither C nor D fills the same character  with respect to \r\nthe legacy as they fill with respect to the payment of the Rs.1,000. \r\n(b) A dies intestate and in debt to B.C takes out administration to A's effects and B \r\nbuys part of the effects from C. In a suit for the purchase­ money by C against \r\nB, the latter cannot set­ off the debt against the price, for C fills two different \r\ncharacters, one as the vendor to B, in which he sues B, and the other as \r\nrepresentative to A. \r\n   \r\n \r\nPage 77 of 318 \r\n \r\n(c) A sues B on a bill of exchange. B alleges that A has wrongfully neglected to \r\ninsure B’s goods and is liable to him in compensation which he claims to set­off. \r\nThe amount not being ascertained cannot be set­off. \r\n(d) A sues B on a bill of exchange for Rs.500, B holds a judgment against A for \r\nRs.1,000. The two claims being both definite pecuniary demands may be set­off. \r\n(e) A sues B for compensation on account of trespass. B holds a promissory note \r\nfor Rs.1,000 from A and claims to set­off that amount against any sum that A \r\nmay recover in the suit. B may do so for, as soon as A recovers , both sums as \r\ndefinite pecuniary demands. \r\n(f) A and B sue C for Rs.1,000, C cannot set­off a debt due to him by A alone. \r\n(g) A sues B and C for Rs.1,000. B cannot set­off a debt due to him alone by A. \r\n(h) A owes the partnership firm of B and C Rs.1,000. B  dies, leaving C surviving.  \r\nA sues C for   a debt of Rs.1,500 due in his separate character. C may set­off the \r\ndebt of Rs.1,000. \r\n7. Defence or set­off founded on separate grounds. Where the defendant relies upon several \r\ndistinct grounds of defence or set­off founded upon separate and distinct facts, they shall be stated, as \r\nfar as may be, separately and distinctly. \r\n8. New ground of defence. Any ground of defence which has arisen after the institution of the \r\nsuit or the presentation of a written statement claiming a set­off may be raised by the defendant or \r\nplaintiff, as the case may be, in his written statement. \r\n9. Subsequent Pleadings. No pleading subsequent to the written statement of a defendant other \r\nthan by way of defence to a set­off shall be presented except by the leave of the Court and upon such \r\nterms as the Court thinks fit, but the Court may at any time require a written statement or additional \r\nwritten statement from any of the parties and fix a time for presenting the same. \r\n10. Procedure when party fails to present written statement called for by Court . Where \r\nany party from whom a written statement is so required fails to present the same within the time fixed \r\nby Court, the Court may pronounce judgment against him, or make such order in relation to the suit as \r\nit thinks fit. \r\n1[11. Address for service .__ (1) Every party, whether original, added or substituted, who \r\nappears in any suit or other proceeding, shall,  on or before the date fixed in  the summons,  notice or \r\nother  process served on him, file in Court a proceeding stating his address for service. \r\n(2) Such address shall be entered in the Register of suits to be maintained under Order IV, rule \r\n2. \r\n(3) Rules 20, 23, 24 and 25 of Order VII shall apply, so far as may be, to addresses for service \r\nfiled under this rule. \r\n \r\n1Rules 11, 12 and 13 added by the Law Reforms Ordinance, 1972 (12 of 1972) s.2 and Sch. \r\n \r\n  \r\n   \r\n \r\nPage 78 of 318 \r\n \r\n12. Consequences of failure to file address. __ (1) Where a party fails to file an address for  \r\nservice as provided in the preceding rule, 1[the court may direct him to file such address and if he fails  \r\nto do so after giving him opportunity to file the address] he shall be liable to have his defence, if any, \r\nstruck out and to be placed in the same position as if he had not defended. \r\n(2) The Court may pass an order under sub­rule (1) suo moto or on the application of any party. \r\n13. List of legal representatives of defendant.__ (1) In every suit of the nature referred to in \r\nrule 4, Order XXII, the written statement shall be accompanied by a statement giving__ \r\n(a) the names and addresses of the persons who, in the event of the death of the \r\ndefendant, may be made a party as his legal representatives; \r\n(b) the name and address of the person, who in the event of the death of the \r\ndefendant, shall intimate such fact to the Court, furnish the Court with the \r\nnames, particulars and addresses of the legal representatives of the defendant \r\nand make an application for the legal representatives to be made a party. \r\n(2) A defendant may at any time__ \r\n(a) file in the Court an amended list of his presumptive legal representatives. \r\n(b) nominate another person, in the place of the person nominated under clause (b) \r\nof sub­rule (1), for the purposes of that clause. \r\n(3) A nomination made under clause (b) of sub­rule (1) shall, unless varied under clause (b) of \r\nsub­ rule (2), remain in force throughout the pendency of the suit and any proceedings arising \r\ntherefrom, including appeal, revision or review.] \r\nORDER IX \r\nAPPEARANCE OF PARTIES AND CONSEQUENCE OF NON­APPEARANCE \r\n1. Parties to appear on day fixed in summons for defendant to appear and answer. On the \r\nday fixed in the summons for the defendant to appear and answer, the parties shall be in attendance at \r\nthe Court­house in person or by their respective pleaders, and the suit shall then be heard unless the \r\nhearing is adjourned to a future day fixed by the Court. \r\n2. Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay \r\ncosts. Where on the day so fixed it is found that the summons has not been served upon the defendant    \r\nin consequence of the failure of the plaintiff to pay the court­fee or postal charges (if any) chargeable    \r\nfor such service, the Court may make an order that the suit be dismissed: \r\nProvided that no such order shall be made although the summons has not been served upon the \r\ndefendant, if on the day fixed for him to appear and answer he attends in person or by agent when he \r\nis allowed to appear by agent. \r\n \r\n1Added by SRO 579(1)/2014, dated 18­06­2014 \r\n \r\n  \r\n   \r\n \r\nPage 79 of 318 \r\n \r\n3. Where neither party appears, suit to be dismissed. Where neither party appears when the \r\nsuit is called on for hearing, the Court may make an order that the suit be dismissed. \r\n4. Plaintiff may bring fresh suit or Court may restore suit to file. Where a suit is dismissed \r\nunder rule 2 or rule 3, the plaintiff may (subject to the law of limitation) bring a fresh suit; or he may \r\napply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause  \r\nfor his not paying the court­fee and postal charges (if  any) requi red within the time  fixed before the  \r\nissue of the summons, or for his non­appearance, as the case may be, the Court shall make an order  \r\nsetting aside the dismissal and shall appoint a day for proceeding with the suit. \r\n5. Dismissal of suit where plaintif f, after summons returned unserved, fails for three \r\nmonths to apply for fresh summons.__ 1[(1) Where, after a summons has been issued to the defendant, \r\nor to one of several defendants, and returned unserved, the plaintiff fails, for a period of three  months \r\nfrom  the date of the return made to the Court by the officer ordinarily certifying to the Court returns \r\nmade      by the serving officers, to apply for the issue of a fresh summons the Court shall make an \r\norder that the suit be dismissed as against such defendant, unless the plaintiff has within the said period \r\nsatisfied the Court that__ \r\n(a) he has failed after using his best endeavours to discover the residence of the \r\ndefendant who has not been served, or \r\n(b) such defendant is avoiding service of process, or \r\n(c) there is any other sufficient cause for extending the time, in which case the Court \r\nmay extend the time for making such application for such period as it thinks fit.] \r\n(2) In such case the plaintiff may (subject to the law of limitation) bring a fresh suit. \r\n6. Procedure when only plaintiff appears.__ (1) Where the plaintiff appears and the defendant \r\ndoes not appear when the suit is called on for hearing, then__ \r\n(a) When summons duly served. if it is proved that the summons was duly served, \r\nthe Court may proceed ex parte 2[and pass decree without recording evidence;] \r\n(b) When summons not duly served. if it is not proved that the summons was duly \r\nserved, the Court shall direct a second summons to be issued and served on the \r\ndefendant; \r\n(c) When summons served, but not in due time. if it is proved that the summons \r\nwas served on the defendant, but not in sufficient time to enable him to appear \r\nand answer on the day fixed in the summons, the Court shall postpone the \r\nhearing of the suit to a future day to be fixed by the Court, and shall direct notice \r\nof such day to be given to the defendant. \r\n(2) Where it is owing to the plaintiff's default that the summons was not duly served or was not \r\nserved in su fficient time, the Court shall order the plaintiff to pay the costs occasioned by the \r\npostponement. \r\n7. Procedure where defendant appears on day of adjourned hearing and assigns good \r\ncause for previous non­appearance. Where the Court has adjourned the hearing of the suit ex­parte, \r\nand  the defendant, at  or before such hearing, appears  and assigns good cause for his previous non- \r\n1Subs. by the Code of Civil Procedure (Amdt.) Act, 1920 (24 of 1920), s.2, for the original sub­rule (1). \r\n2Ins. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. \r\n   \r\n \r\nPage 80 of 318 \r\n \r\nappearance, he may, upon such terms as the Court directs as to costs or otherwise, be heard in answer \r\nto the suit as if he had appeared on the day fixed for his appearance. \r\n8. Procedure where defendant only appears. Where the defendant appears and the plaintiff \r\ndoes not appear when the suit is called on for hearing, the Court shall make an order that the suit be \r\ndismissed, unless the defendant admits the claim, or part thereof, in which case the Court shal l pass a \r\ndecree against the defendant upon such admission, and, where part only of the claim has been admitted, \r\nshall dismiss the suit so far as it relates to the remainder. \r\n9. Decree against plaintiff by default bars fresh suit. __ (1) Where a suit is wholly or partly \r\ndismissed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same \r\ncause of action. But he may apply for an order to set the dismissal aside, and if he  satisfies the Court \r\nthat there was sufficient c ause for his non­appearance when the suit was called on for hearing, the \r\nCourt shall make an order setting aside the dismissal upon such terms as to costs or otherwise as it \r\nthinks fit, and shall appoint a day for proceeding with the suit. \r\n(2) No order shall be made under this rule unless notice of the application has been served on \r\nthe opposite party. \r\n1(3) The provisions of section 5 of the Limitation Act, 1908 (IX of 1908), shall apply to \r\napplications under sub­rule (1)]. \r\n10. Procedure in case of non­attendance of one or more of several plaintiffs.  Where there \r\nare more plaintiffs than one, and one or more of them appear, and the others do not appear, the Court \r\nmay, at the instance of the plaintiff or plaintiffs appearing, permit the suit to proceed in the same way \r\nas if   all the plaintiffs had appeared, or make such order as it thinks fit. \r\n11. Procedure in case of non­attendance of one or more of several defendants. Where there \r\nare more defendants than one, and one or more of them appear, and the others do  not appear, the suit \r\nshall proceed, and the Court shall, at the time of pronouncing judgment, make such order as it thinks \r\nfit with respect to the defendants who do not appear. \r\n12. Consequence of non­attendance, without sufficient cause shown, of party ordered to \r\nappear in person. Where a plaintiff or defendant, who has been ordered to appear in person, does not \r\nappear in person, or show sufficient cause to the satisfaction of the Court for failing so to appear, he \r\nshall be subject to all the provisions of the foregoing rules applicable to plaintiffs and defendants, \r\nrespectively, who do not appear. \r\nSetting aside Decree Ex Parte \r\n2[13. Setting aside decree ex­parte against defendant.__ (1)] In any case in which a decree is \r\npassed ex parte against a defendant, he may apply to the Court by which the decree was passed for an \r\norder to set it aside; and if he satisfies the Court that the summons was not duly served, or that he was \r\nprevented  by  any  sufficient  cause  from  appearing  when  the  suit  was  called  on  for  hearing, the \r\nCourt shall make an order setting aside the decree as against him upon such terms as to costs, payment \r\ninto Court or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit: \r\nProvided that where the decree is of such a nature that it cannot be set aside as against \r\nsuch defendant only it may be set aside as against all or any of the other defendants also [:]3 \r\n3[Provided further that no decree passed ex parte shall be set aside merely on the ground \r\nof any irregularity in the service of summons, if the Court is satisfied, for reason to be recorded, \r\nthat the defendant had knowledge of the date of hearing in sufficient time to appear on that \r\ndate and answer the claim.] \r\n1New sub­rule (3) added by the Code of Civil Procedure (Amdt.) Ordinance, 1980 (10 of 1980), s. 14. \r\n2Rule 13 re­numbered as sub­rule (1) of that rule by the Code of Civil Procedure (Amdt.) Ordinance, 1980 (10 of 1980), s. 14. \r\n3Subs. and added by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch. \r\n   \r\n \r\nPage 81 of 318 \r\n \r\n 1[(2) The provisions of section 5 of the Limitation Act, 1908 ( IX of 1908 ), shall apply to \r\napplications under sub­rule (1)]. \r\n14. No decree to be set aside without  notice to opposite party. No decree shall be set aside on    \r\nany such application as aforesaid unless notice thereof has been served on the opposite party. \r\n____________ \r\nORDER X \r\nEXAMINATION OF PARTIES BY THE COURT \r\n1. Ascertainment whether allegations in pleadings are admitted or denied. At the first hearing \r\nof the suit the Court shall ascertain from each party or his pleader whether he admits or denies such \r\nallegations of fact as are made in the plaint or written statement (if any) of the opposite party, and as are \r\nnot expressly or by necessary implication admitted or denied by the party against whom they are made. \r\nThe Court shall record such admissions and denials. \r\n2[1A. The Court may adopt any lawful procedure not inconsistent with the provisions of this Code \r\nto__ \r\n(i) Conduct preliminary proceedings and issue orders for expediting processing of the \r\ncase; \r\n(ii) issue, with the consent of parties, commission to examine witnesses, admit \r\ndocuments and take other steps for the purpose of trial; \r\n(iii) adopt, wit h the consent of parties, any alternative method of dispute resolution \r\nincluding mediation, conciliation or any such other means.] \r\n2. Oral examination of party or companion of party.  At the first hearing of the suit, or at any  \r\nsubsequent hearing, any party appearing in person or present in Court, or any person able to answer any \r\nmaterial questions relating to the suit by whom such party or his pleader is accompanied, 3[shall] be  \r\nexamined orally by the Court; and the Court may, if it thinks fit, put in the c ourse of such examination \r\nquestions suggested by either party. \r\n3. Substance of examination to be written. The substance of the examination shall be reduced to \r\nwriting by the Judge, and shall form part of the record. \r\n4. Consequence of refusal or inability of pleader to answer.__ (1) Where the pleader of any party \r\nwho appears by a pleader or any such person accompanying a pleader as is referred to in rule 2, refuses or \r\nis unable to answer any material question relating to the suit which the Court is of opini on that the party \r\nwhom he represents ought to answer, and is likely to be able to answer if interrogated in person, the Court \r\nmay postpone the hearing of the suit to a  future  day and direct  that such party shall appear in person on \r\nsuch day. \r\n(2) If such party fails without lawful excuse to appear in person on the day so appointed, the Court \r\nmay pronounce judgment against him, or make such order in relation to the suit as it thinks fit. \r\n_______ \r\nORDER XI \r\nDISCOVERY AND INSPECTION \r\n1. Discovery by interrogatories. In any suit the plaintiff or defendant by leave of the Court may \r\ndeliver interrogatories in writing for the examination of the opposite parties or any one or more of such \r\nparties, and such interrogatories when delivered shall have a note at the foot thereof stating which of  such \r\ninterrogatories each of such persons is required to answer: Provided that  no party shall deliver  more than  \r\n \r\n3Sub­rule (2) added by Ord. 10 of 1980, s. 14. \r\n2Ins. by ord. 34 of 02, s.3. \r\n3Subs. by Act XIV of 1994, s.11 \r\n   \r\n \r\nPage 82 of 318 \r\n \r\none set of interrogatories to the same party without an order for that purpose: Provided also that \r\ninterrogatories which do not relate to any matters in question in the suit shall be deemed irrelevant, \r\nnotwithstanding that they might be admissible on the oral cross­examination of a witness. \r\n2. Particular interrogatories to be submitted . On an application for leave to deliver \r\ninterrogatories, the particular interrogatories proposed to be delivered shall be submitted to the Court.  \r\nIn deciding upon such application, the Court shall take into account any offer, which may be made by \r\nthe party sought to be interrogated to deliver particulars, or to make admissions, or to produce \r\ndocuments relating to the matters in question, or any of them, and leave shall be given as to such only \r\nof the interrogatories submitted as the Court shall consider necessary either for disposing fairly of the \r\nsuit or for saving costs. \r\n3. Costs of interrogatories.  In adjusting the costs of the suit inquiry shall at the instance of \r\nany party be made into the propriety of exhibiting such interrogatories, and if it is the opinion of the \r\ntaxing officer or of the Court, either with or without an application for inquiry, that such interrogatories \r\nhave been exhibited unreasonably, vexatiously, or at improper length, the costs occasioned by the said \r\ninterrogatories and the answers thereto shall be paid in any event by the party in fault. \r\n4. Forms of interrogatories. Interrogatories shall be in Form No.2 in Appendix C, with such \r\nvariations as circumstances may require. \r\n5. Corporations. Where any party to a suit is a corporation or a body of persons, whether \r\nincorporated or not, empowered by law to sue or be sued, whether in its own name or in the name of \r\nany officer or other person, any opposite party may  apply for an order allowing him to deliver \r\ninterrogatories to any member or officer of such corporation or body, and an order may be made \r\naccordingly. \r\n6. Objections to interrogatories by answer. Any objection to answering any interrogatory on \r\nthe ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit, or \r\nthat the matters inquired into are not sufficiently material at that stage, or on any other ground, may be   \r\ntaken in the affidavit in answer. \r\n7. Setting aside and striking out interrogatories. Any interrogatories may be set aside on the \r\nground that they have been exhibited unreasonably or vexatiously, or struck out on the ground that \r\nthey are prolix, opp ressive, unnecessary or scandalous; and any application for this purpose may be \r\nmade within seven days after service of the interrogatories. \r\n8. Affidavit in answer, filing. Interrogatories shall be answered by affidavit to be filed within \r\nten days, or within such other time as the Court may allow. \r\n9. Forms of affidavit in answer.  An affidavit in answer to interrogatories shall be in Form \r\nNo.3 in Appendix C, with such variations as circumstances may require. \r\n10. No exception to be taken. No exception shall be taken to any affidavit in answer, but the \r\nsufficiency or otherwise of any such affidavit objected to as insufficient shall be determined by the \r\nCourt. \r\n11. Order to answer or answer further.  Where any person interrogated omits to answer, or \r\nanswers insufficiently, the party interrogating may apply to the Court for an order requiring him to \r\nanswer, or to answer further, as the case may be. And an order may be made requiring him to answer \r\nor answer further, either by affidavit or by viva voce examination, as the Court may direct. \r\n12. Application for discovery of documents.  Any party may, without filing any affidavit, \r\napply to the Court for an order directing any other party to any suit to make discovery on oath of the \r\n  \r\n   \r\n \r\nPage 83 of 318 \r\n \r\ndocuments which are or have been in his  possession or power, relating to any matter in question \r\ntherein. On the hearing of such application the Court may either refuse or adjourn the same, if satisfied \r\nthat such discovery is not necessary, or not necessary at that stage of the suit, or make suc h order, \r\neither generally or limited to certain classes of documents, as may, in its discretion, be thought fit: \r\nProvided that discovery shall not be ordered when and so far as the Court shall be of opinion that it is \r\nnot necessary either for disposing fairly of the suit or for saving costs. \r\n13. Affidavit of documents. The affidavit to be made by a party against whom such order as \r\nis mentioned in the last preceding rule has been made, shall specify which (if any) of the documents \r\ntherein mentioned he object s to produce, and it shall be in Form No.5 in Appendix C, with such \r\nvariations as circumstances may require. \r\n14. Production of documents. It shall be lawful for the Court, at any time during the pendency \r\nof any suit, to order the production by any party thereto, upon oath, of such of the documents in his \r\npossession or power, relating to any matter in question in such suit, as the Court shall think right;  and \r\nthe Court may deal with such documents, when produced, in such manner as shall appear just. \r\n15. Inspection of documents referred to in pleadings or affidavits. Every party to a suit shall \r\nbe entitled at any time to give  notice to any o ther party, in whose pleadings or affidavits reference is \r\nmade  to any document, to produce such document for the inspection of the party giving such notice, \r\nor of his pleader, and to permit him or them to take copies thereof; and  any  party  not  complyi ng \r\nwith  such notice shall not afterwards be at liberty to put any such document in evidence on his behalf \r\nin such suit unless he shall satisfy the Court that  such document  relates only to his own title, he  being \r\na  defendant to the suit, or that he had some other cause or excuse which the Court shall deem sufficient \r\nfor not complying with such notice, in which case the Court may allow the same to be put in evidence \r\non such terms as to costs and otherwise as the Court shall think fit. \r\n16. Notice to produce. Notice to any party to produce any documents referred to in his pleading \r\nor affidavits shall be in Form No.7 in Appendix C, with such variations as circumstances may require. \r\n17. Time for inspection when notice given.  The party to whom such notice is given shall, \r\nwithin ten days from the receipt of such notice, deliver to the party giving the same a notice stating a  \r\ntime within three days from the delivery thereof at which the documents, or such of them as he  does \r\nnot  object to produce, may be inspected at the office of his pleader, or in  the  case  of bankers' books \r\nor  other books of account or books in constant use for the purposes of any trade or business, at their \r\nusual place of custody, and stating which (if any) of the documents he objects to produce, and  on  what \r\nground. Such notice shall be in Form No.8 in Appendix C, with such variations as circumstances may \r\nrequire. \r\n18. Order for  inspection.__ (1) Where the party served with notice under rule 15 omits to give \r\nsuch notice of a time for inspection or objects to give inspection, or offers inspection elsewhere than \r\nat the office of his pleader, the Court may, on the application of the party desiring it, make an order \r\nfor inspection in such place and in such m anner as it may think fit: Provided that the  order shall not  \r\nbe  made when and so far as the Court shall be of opinion that it  is not necessary either for disposing \r\nfairly   of the suit or for saving costs. \r\n(2) Any application to inspect documents, exce pt such as are referred to in the pleadings, \r\nparticulars or affidavits of the party against whom the application is made or disclosed in his affidavit   \r\nof documents, shall be founded upon an affidavit showing of what documents inspection is sought, \r\nthat the party applying is entitled to inspect them, and that they are in the possession or power of the \r\nother party. The Court shall not make such order for inspection of such documents when and so far as  \r\n  \r\n   \r\n \r\nPage 84 of 318 \r\n \r\nthe Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving \r\ncosts. \r\n19. Verified copies.__ (1) Where inspection of any business books is applied for the Court may, \r\nif it thinks fit, instead of ordering inspection of the  original books, order a  copy of any entries therein \r\nto  be furnished and verified by the affidavit of some person who has examined the copy with the \r\noriginal entries, and such affidavit shall state whether or not there are in the original book  any  and  \r\nwhat erasures, interlineations or alterations: Provided that, notwithstanding that  such  copy  has  been \r\nsupplied, the Court may order inspection of the book from which the copy was made. \r\n(2) Where on an application for an order for inspection privilege is claimed for any document, \r\nit shall be lawful for the Court to inspect the document for the purpose of deciding as to the validity of     \r\nthe claim of privilege. \r\n(3) The Court may, on the application of any party to a suit at any time, and whether an affidavit \r\nof documents shall or shall not have already been ordered or made, make an order requiring any other \r\nparty to state by affidavit whether any one or more specific documents, to be specified in the \r\napplication, is or are, or has or have at any time been, in his possession or power; and, if n ot then in \r\nhis possession, when he parted with the same and what has become thereof.  Such application shall be \r\nmade on an affidavit stated that in the belief of the deponent the party against whom the application is \r\nmade has, or has at some  time had, in his possession or power the document or documents specified   \r\nin the application, and that they relate to the matters in question in the suit, or to some of them.  \r\n20. Premature discovery. Where the party from whom discovery of any kind or inspection  is  \r\nsought objects to the same, or any part thereof, the Court may, if satisfied that  the  right  to  the  \r\ndiscovery or inspection sought depends on the determination of any issue or question in dispute in the \r\nsuit, or that for any other reason it is desirable that any issue or question in dispute in the suit should \r\nbe determined before deciding upon the right to the discovery or inspection, order that such issue  or \r\nquestion be determined first, and reserve the question as to the discovery or inspection. \r\n21. Non­compliance with order for discovery.  Where any party fails to comply with any \r\norder to answer interrogatories, or for discovery or inspection of documents, he shall, if a plaintiff, be \r\nliable to have his suit dismissed for want of prosecution, and, if a defendant, to have his defence, if \r\nany, struck out, and to be placed in the same position as if he had not defended, and the party \r\ninterrogating or seeking discovery or inspection may apply to the Court for an order to that effect, and \r\nan order may be made accordingly. \r\n22. Using answers to interrogatories at trial.  Any party may, at the trial of a suit, use in \r\nevidence any one or more of the answers or any part of an answer of the opposite party to \r\ninterrogatories without putting in the others or the whole of such answer: Provided always that in such \r\ncase the Court may look at the whole of the answers, and if it shall be of opinion that any others of \r\nthem are so connected with those put in that the last­mentioned answers ought not to be used without \r\nthem, it may direct them to be put in. \r\n23. Order to apply to minors. This order shall apply to minor plaintiffs and defendants, and \r\nto the next friends and guardians for the suit of persons under disability. \r\n_______ \r\n  \r\n   \r\n \r\nPage 85 of 318 \r\n \r\nORDER XII  \r\nADMISSIONS \r\n1. Notice of admission of case.  Any party to a suit may give notice, by his pleading, or \r\notherwise in writing, that he admits the truth of the whole or any part of the case of any other party. \r\n2. Notice to admit documents.  Either party may call upon the other party to admit any \r\ndocument, saving all just exceptions; and in case of refusal or neglect to admit, after such notice, the \r\ncosts of  proving any such document shall be paid by the party so neglecting or refusing, whatever the  \r\nresult  of the suit may be, unless the Court otherwise directs; and no costs of proving any document \r\nshall be allowed unless such notice is given, except where the omission  to give  the notice is,  in  the \r\nopinion of  the Court, a saving of expense. \r\n3. Form of notice. A notice to admit documents shall be in F orm No.9 in Appendix C, with \r\nsuch variations as circumstances may require. \r\n4. Notice to admit facts. Any party may, by notice in writing, at any time not later than nine \r\ndays before the day fixed for the hearing, call on any other party to admit, for the purposes of the suit \r\nonly, any specific fact or facts mentioned in such notice. And in case of refusal or neglect to admit the \r\nsame within six days after service of such notice, or within such further time  as may  be  allowed  by  \r\nthe Court, the costs of proving such fact or facts shall be paid by the party so neglecting or  refusing, \r\nwhatever the result of the suit may be, unless the Court otherwise directs: Provided that any admission \r\nmade in pursuance of such notice is to be deemed to be made  only for the  purposes of the  particular \r\nsuit, and not as an admission to be used against the party on any other occasion or in  favour of any  \r\nperson other than the party giving the notice: Provided also that the Court may at any time allow any  \r\nparty to amend or withdraw any admission so made on such terms as may be just. \r\n1[4A. Power of Court to record admission of documents and facts. __ Notwithstanding that \r\nno notice to admit documents or facts has been given under Rules 2 and 4 respectively, the Court may,  \r\nat any stage of the proceedings before it, of its own motion, call upon any party to admit any document \r\nor fact and shall in such a case, record whether the party admits or refuses or neglects to admit such \r\ndocument or fact.] \r\n5. Forms of admission. A notice to admit facts shall be in Form No.10 in Appendix C, and \r\nadmissions of facts shall be in Form No.11 in Appendix C, with such variations as circumstances may \r\nrequire. \r\n6. Judgment on admissions. Any party may, at any stage of a suit, where admissions of fact \r\nhave been made, either on the pleadings, or otherwise, apply to the Court for such judgment or order \r\nas upon such admissions he may be entitled to, without waiting for the determination of an y other \r\nquestion between the parties: and the Court may upon such application make such order, or give such \r\njudgment, as the Court may think just. \r\n7. Affidavit of signature. An affidavit of the pleader or his clerk, of the due signature of any \r\nadmissions made in pursuance of any notice to admit documents or facts, shall be sufficient evidence \r\nof such admissions, if evidence thereof is required. \r\n \r\n \r\n1Added by No. 300 Rules/XI­Y­26, dated 2nd October, 2001. \r\n   \r\n \r\nPage 86 of 318 \r\n \r\n8. Notice to produce documents.  Notice to produce docu ments shall be in Form No.12 in \r\nAppendix C, with such variations as circumstances may require. An affidavit of the pleader, or his \r\nclerk, of the service of any notice to produce, and of the time when it was served, with a copy of the \r\nnotice to produce, shall in all cases be sufficient evidence of the service of the notice, and of the time \r\nwhen it was served \r\n9. Costs. If a notice to admit or produce specifies documents which are not necessary, the costs \r\noccasioned thereby shall be borne by the party giving such notice. \r\n_______ \r\nORDER XIII \r\nPRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS \r\n1. Documentary evidence to be produced at first hearing.__ (1) The parties or their pleaders \r\nshall produce, at the first hearing of the suit, all the documentary evidence of every description in their \r\npossession or power, on which they intend to rely,  and which has not  already been filed  in  Court, \r\nand  all documents which the Court has ordered to be produced. \r\n(2) The Court shall receive the documents so produced: Provided that they are accompanied by \r\nan accurate list thereof prepared in such form as the High Court directs. \r\n1[(3) On production of documents under this rule, the Court may call upon the parties to admit \r\nor deny the documents produced in the Court and record their admission or, as the case may be, denial.] \r\n2. Effect of non­production of documents.  No documentary evidence in the possession or \r\npower of any party which should have been but has not been produced in accordance with the \r\nrequirements of rule 1 shall be received at any subsequent stage of the proceedings unless good cause \r\nis shown to the satisfaction of the Court for the non­production thereof; and the Court receiving any \r\nsuch evidence shall record the reasons for so doing. \r\n3. Rejection of irrelevant or inadmissible documents. The Court may at any stage of the suit \r\nreject any document which it considers irrelevant or otherwise inadmissible, recording the ground of \r\nsuch rejection. \r\n4. Endorsement on documents admitted in evidence. __ (1) Subject to the provisions of the \r\nnext following sub­rule, there shall be endorsed on every document which has been admitted in \r\nevidence  in the suit the following particulars, namely:__ \r\n(a) the number and title of the suit, \r\n(b) the name of the person producing the document, \r\n(c) the date on which it was produced, and \r\n(d) a statement of its having been so admitted; \r\nand the endorsement shall be signed or initiated by the judge. \r\n \r\n \r\n1Added by Act XIV of 1994, S.11. \r\n   \r\n \r\nPage 87 of 318 \r\n \r\n(2) Where a document so admitted is an entry in a book, account or record, and a copy thereof \r\nhas been substituted for the original under the next following rule, the particulars aforesaid shall be \r\nendorsed on the copy and the endorsement thereon shall be signed or initialled by the Judge. \r\n5. Endorsements on copies of admitted entries in books, accounts and records.__ (1) Save \r\nin  so  far as is otherwise provided by the Banker's Books Evidence Act, 1891 (XVIII of 1891), where \r\na document admitted in evidence in  the suit  is an entry in  a letter­book, or a shop­book or other \r\naccount  in current use, the party on whose behalf the book or account is produced may furnish a copy \r\nof the  entry. \r\n(2) Where such a document is an entry in a public record produced from a public office, or by \r\na public officer, or an entry in a book or account belonging to a person other than a party on whose \r\nbehalf the book, or account is produced, the Court may require a copy of the entry to be furnished__ \r\n(a) where the record, book or account is produced on behalf of a party, then by that \r\nparty, or \r\n(b) where the record, book or account is produced in obedience to an order of the \r\nCourt acting   of its own motion, then by either or any party. \r\n(3) Where a copy of an entry is furnished under the foregoing provisions of this rule, the Court \r\nshall, after causing the copy to be examined, compared and certified in manner mentioned in rule 17 \r\nof Order VII, mark the entry and cause he book, account or record in which it occurs to be returned to \r\nthe person producing it. \r\n6. Endorsements on documents rejected as inadmissible in evidence.  Where a document \r\nrelied on as evidence by either party is considered by the Court to be inadmissible in evidence, there \r\nshall be endorsed thereon the particulars mentioned in clauses (a), (b) and (c) of rule 4, sub­rule (1) \r\ntogether with a statement of its having been rejected, and the endorsement shall be signed or initialed \r\nby the Judge. \r\n7. Recording of admitted and return of rejected documents.__ (1) Every document which \r\nhas been admitted in evidence or a copy thereof where a  copy has been substituted for the  original \r\nunder  rule 5, shall form part of the record of the suit. \r\n(2) Documents not admitted in evidence shall not form part of the record and shall be returned \r\nto the persons respectively producing them. \r\n8. Court may order any document to be impounded.  Notwithstanding anything contained \r\nin rule 5 or rule 7 of this Order or in rule 17 of Order VII, the Court may, if it sees suff icient cause, \r\ndirect any document or book produced before it in any suit to be impounded and kept in the custody \r\nof an officer of the Court, for such period and subject to such conditions as the Court thinks fit. \r\n9. Return of admitted documents.__ (1) Any person, whether a party to the suit or not, desirous \r\nof receiving back any document produced by him in the suit and placed on the record shall, unless the \r\ndocument is impounded under rule 8, be entitled to receive back the same,__ \r\n(a) where the suit is one in which an appeal is not allowed, when the suit has been \r\ndisposed of, and \r\n(b) where the suit is one in which an appeal is allowed, when the Court is satisfied \r\nthat the time for preferring an appeal has elapsed and that no appeal has been \r\n   \r\n \r\nPage 88 of 318 \r\n \r\npreferred or, if an appeal has been preferred, when the appeal has been disposed \r\nof: \r\nProvided that a document may be returned at any time earlier than that prescribed by this rule \r\nif the person applying therefor delivers to the proper officer a certified copy to the subst ituted for the \r\noriginal and undertakes to produce the original if required to do so: \r\nProvided also that no document shall be returned which, by force of the decree, has become \r\nwholly void or useless. \r\n(2) On the return of a document admitted in evidence, a receipt shall be given by the person \r\nreceiving it. \r\n10. Court may send for papers from its own records or from other Courts.__ (1) The Court \r\nmay of its own motion, and may in its discretion upon the application of any of the  parties to a  suit,  \r\nsend for, either from its own records or from any other Court, the record of any  other  suit  or  \r\nproceeding, and inspect the same. \r\n(2) Every application made under this rule shall (unless the Court otherwise directs) be \r\nsupported by an affidavit showing how the re cord is material to the suit in which the application is \r\nmade, and that the applicant cannot without unreasonable delay or expense obtain a duly authenticated \r\ncopy of the record or of such portion thereof as the applicant requires, or that the production o f the \r\noriginal is necessary for the purposes of justice. \r\n(3) Nothing contained in this rule shall be deemed to enable the Court to use in evidence any \r\ndocument which under the law of evidence would be inadmissible in the suit. \r\n11. Provisions as to documents applied to material objects. The provisions herein contained \r\nas to documents shall, so far as may be, apply to all other material objects producible as evidence. \r\n________ \r\nORDER XIV \r\nSETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR \r\nON ISSUES AGREED UPON \r\n1. Framing of issues.__ (1) Issues arise when a material proposition of fact or law is affirmed \r\nby the one party and denied by the other. \r\n(2) Material propositions are those propositions of law or fact which a plaintiff must allege in \r\norder to show a right to sue or a defendant must allege in order to constitute his defence. \r\n(3) Each material proposition affirmed by one party and denied by the other shall form the \r\nsubject of a distinct issue. \r\n(4) Issues are of two kinds: (a) issues of fact, (b) issues of law. \r\n(5) At the first hearing of the suit the Court shall, after reading the plaint and the written \r\nstatements if any, and after such examination of the parties as may appear necessary, ascertain upon \r\nwhat material propositions of fact or of law the parties are at variance, and shall thereupon proceed to \r\nframe and record the issues on which the right decision of the case appears to depend. \r\n   \r\n \r\nPage 89 of 318 \r\n \r\n(6) Nothing in this rule requires the Court to frame and record issues where the defendant at \r\nthe first hearing of the suit makes no defence. \r\n2. Issue of law and fact.  Where issues both of law and of fact arise in the same suit, and the \r\nCourt is of opinion that the case or any part thereof may be disposed of on the issues of law only, it \r\nshall try those issues first, and for that purpose may, if it thinks fit, postpone the settlement of the issues \r\nof fact until after the issues of law have been determined. \r\n3. Materials from which issues may be framed. The Court may frame the issues from all or \r\nany of the following materials__ \r\n(a) allegations made on oath by the parties, or by any persons present on their \r\nbehalf, or made by the pleaders of such parties; \r\n(b) allegations made in the pleadings or in answers to interrogatories delivered in \r\nthe suit; \r\n(c) the contents of documents produced by either party. \r\n4. Court may examine witnesses or documents before framing issues.  Where the Court is \r\nof opinion that the issues cannot be correctly framed without the examination of some person not \r\nbefore   the Court or without the inspection of some document not produced in the suit, it may adjourn \r\nthe framing of the issues to a futur e day, and may (subject to any law for the time being in force) \r\ncompel the attendance of any person or the production of any document by the person in whose \r\npossession or power it is by summons or other process. \r\n5. Power to amend, and strike out, issues. __ (1) The Court may at any time before passing a  \r\ndecree amend the issues or frame additional issues on such terms as it thinks fit,. and all such \r\namendments or additional issues as may be necessary for determining the matters in controversy \r\nbetween the parties shall be so made or framed. \r\n(2) The Court may also, at any time before passing a decree, strike out any issues that appear \r\nto it   to be wrongly framed or introduced. \r\n6. Questions of fact or law may by agreement be stated in form of issues. Where the parties \r\nto a suit are agreed as to the question of fact or of law to be decided between them, they may state the \r\nsame in the form of an issue, and enter into an agreement in writing that, upon the finding of the Court \r\nin the affirmative or the negative of such issue,__ \r\n(a) a sum of money specified in the agreement or to be ascertained by the Court, or \r\nin such manner as the Court may direct, shall be paid by one of the parties to \r\nthe other of them, or that one of them be declared entitled to some right or \r\nsubject to some liability specified in the agreement; \r\n(b) some property specified in the agreement and in dispute in the suit shall be \r\ndelivered by one of the parties to the other of them, or as that other may direct; \r\nor \r\n(c) One or more of the parties shall d o or abstain from doing some particular act \r\nspecified in the agreement and relating to the matter in dispute. \r\n  \r\n   \r\n \r\nPage 90 of 318 \r\n \r\n7. Court, if satisfied that agreement was executed in good faith, may pronounce judgment. \r\nWhere the Court is satisfied, after making such inquiry as it deems proper,__ \r\n(a) that the agreement was duly executed by the parties, \r\n(b) that they have a substantial interest in the decision of such question as aforesaid, \r\nand \r\n(c) that the same is fit to be tried and decided, \r\nit shall proceed to record and try the issue and state its finding or decision thereon in the same \r\nmanner as if the issue had been framed by the Court; \r\nAnd shall, upon the finding or decision on such issue, pronounce judgment accordi ng to the \r\nterms of the agreement; and, upon the judgment so pronounced, a decree shall follow. \r\n________ \r\nORDER XV \r\nDISPOSAL OF THE SUIT AT THE FIRST HEARING \r\n1. Parties not at issue. Where at the first hearing of a suit it appears that the parties are not at \r\nissue on any question of law or of fact, the Court may at once pronounce judgment. \r\n2. One of several a defendants not at issue.  Where there are more defendants than one, and \r\nany one of the defendants is not at issue with the plaintiff on any question of law or of fact, the Court \r\nmay at once pronounce judgment for or against such defendant and the suit shall proceed only against \r\nthe other defendants. \r\n3. Parties at issue.__ (1) Where the parties are at issue on some question of law or of fact, and \r\nissues have been framed by the Court as hereinbefore provided, if the Court is satisfied that no further \r\nargument or evidence than the parties can at once adduce is required upon such of the  issues as may \r\nbe sufficient for the decision of the suit, and that no injustice will result from proceeding with the suit \r\nforthwith, the Court may proceed to determine such issues, and, if  the  finding thereon is sufficient  \r\nfor the decision, may pronounce judgment accordingly, whether the summons has been issued for the \r\nsettlement of issues only or for the final disposal of the suit: \r\nProvided that, where the summons has been issued for the settlement of issues only, the parties \r\nor their pleaders are present and none of them objects. \r\n(2) Where the finding is not sufficient for the decision, the Court shall postpone the further \r\nhearing of the suit, and shall fix a day for the production of such further evidence, or for such further \r\nargument as the case requires. \r\n4. Failure to provide evidence. Where the summons has been issued for the final disposal of \r\nthe suit and either party fails without sufficient cause to produce the evidence on which he relies, the     \r\nCourt may at once pronounce judgment, or may, if it thinks fit, after framing and recording issues \r\nadjourn the suit for the production of such evidence as may be necessary for its decision upon such \r\nissues. \r\n_______ \r\n   \r\n \r\nPage 91 of 318 \r\n \r\nORDER XVI \r\nSUMMONING AND ATTENDANCE OF WITNESSES \r\n1[1. Summons to attend to give evidence o r produce documents.__ (1) Not later than seven \r\ndays after the settlement of issues, the parties shall present in Court a 2[, certificate of readiness to \r\nproduce evidence, along with a] list of witnesses whom they propose  to  call  or  produce  either  to   \r\ngive  evidence or to produce documents. \r\n(2) A party shall not be permitted to call or produce witnesses other than those contained in the \r\nsaid list, except with the permission of the Court and after showing good cause for the omission the     \r\nsaid witnesses from the list; and the Court grants such permission, it shall record reasons for so doing. \r\n(3) On application to the Court or such officer as it appoints in this behalf, the parties may \r\nobtain summons for persons whose attendance is required in Court: \r\nProvided that no summons shall be issued for service on a person under rule 8 unless an \r\napplication in that behalf is made not later than fourteen days prior to the date fixed for the hearing of \r\nthe suit and the necessary expenses for the summoning of such person are deposited] \r\n2. Expenses of witness to be paid into Court on applying for summons. __ (1) The party \r\napplying for a summons shall, before the  summons is granted and within  a  period to be  fixed, pay \r\ninto Court  such a sum of money as appears to the Court to be sufficient to defray  the  travelling  and  \r\nother expenses of the person summoned in passing to and from the Court in  which he  is  required to \r\nattend, and for one day's attendance. \r\n(2) Experts. In determining the amount payable under this rule, the Court may, in the case of \r\nany person summoned to give evidence as an expert, allow reasonable remuneration for the time \r\noccupied both in giving evidence and in performing any work of an expert character necessary for the \r\ncase. \r\n(3) Scale of expenses. Where the Court is subordinate to a High Court, regard shall be had, in \r\nfixing the scale of such expenses, to any rules made in that behalf.  \r\n3. Tender of expenses to witness. The sum so paid into Court shall be tendered to the person \r\nsummoned, at the time of serving the summons, if it can be served personally. \r\n4. Procedure  where  insufficient  sum paid in.__ (1) Where it appears to the Court or to such \r\nofficer as it appoints in  this behalf that the sum paid into Court is not sufficient to cover such expenses  \r\nor reasonable remuneration, the Court may direct such further sum to be  paid to the  person summoned \r\nas appears to be necessary on that account, and, in case  of defaul t  in  payment, may order such sum \r\nto  be levied by attachment and sale of the moveable property of the party obtaining the summons ; or \r\nthe Court may discharge the person summoned, without requiring him to give evidence ; or may both \r\norder such levy and discharge such person as aforesaid. \r\n(2) Expenses of witness detained more than one day . Where it is necessary to detain the \r\nperson summoned for a longer period than one day, the Court may, from time to time, order the party \r\nat whose instance he was summoned to pay into Court such sum as is sufficient to defray the expenses \r\nof his  \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for the original rule 1. \r\n2Ins. by Act. XIV of 1994, S.11. \r\n   \r\n \r\nPage 92 of 318 \r\n \r\ndetention for such further period, and, in default of such deposit being made, may order such sum to \r\nbe levied by attachment and sale of the movable property of such party ; or the Court may discharge \r\nthe person summoned without requiring him to give evidence; or may both order such levy and \r\ndischarge such person as aforesaid. \r\n5. Time, place and purpose of attendance to be specified in summons. Every summons for \r\nthe attendance of a person to give evidence or to produce a document shall specify the time and place \r\nat which he is required to attend, and also whether his attendance is required for the purpose of giving \r\nevidence or to produce a docum ent, or for both purposes;  and any particular document which the \r\nperson summoned is called on to produce, shall be described in the summons with reasonable accuracy. \r\n6. Summons to produce document. Any person may be summoned to produce a document, \r\nwithout being summoned to give evidence; and any person summoned merely to produce a document \r\nshall be deemed to have complied with the summons if he causes such document to be produced instead \r\nof attending personally to produce the same. \r\n7. Power to require persons present in Court to give evidence or produce document. Any \r\nperson present in Court may be required by the Court to give evidence or to produce any document \r\nthen and there in his possession or power. \r\n1[7A. Service of summons by parties. __ (1) Except where it appears to the Court that a \r\nsummons  under this Order should be served by the Court in the same manner as a summons to a \r\ndefendant, the Court shall make over for service all summons under this Order to the party applying \r\ntherefore. \r\n(2) The service shall be effected by or on behalf of such party by delivering or tendering to the \r\nwitness in person a copy thereof signed by the Judge or such officer as he appoints in this behalf and \r\nsealed with the seal of the Court. \r\n(3) Rules 16 and 18 of Order V shall apply to summons personally served under this rule, as \r\nthough the person effecting service were a serving officer.]. \r\n2[8. Service of summons by Court.  Every summons under this Order, not being a summons \r\nmade over to a party for service under rule 7A of this Order, shall be served as nearly as may be in the \r\nsame manner as a summons to a defendant, and the rules in Order V as to proof of service shall apply \r\nthereto.]. \r\n9. Time for serving summons. Service shall in all cases be made a sufficient time before the \r\ntime specified in the summons for the attendance of the person summoned, to allow him a reasonable \r\ntime for preparation and for travelling to the place at which his attendance is required. \r\n10. Procedure where  witness fails to  comply with summons.__ (1) Where a person to \r\nwhom a summons has been issued  either to attend to give  evidence or to produce a document fails to \r\nattend or    to produce the document in compliance with such summons, the Court shall, if the certificate \r\nof the serving­officer has not been verified by affidavit, and may, if it has been so verified, examine \r\nthe serving­officer on oath, or cause him to be so examined by another Court, touching the service or \r\nnon­ service of the summons. \r\n \r\n1Rule 7A ins. by the Law Reforms Ordinance 1972 (12 of 1972), s.2 and Sch. \r\n2Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for the original rule 8. \r\n  \r\n   \r\n \r\nPage 93 of 318 \r\n \r\n(2) Where the Court sees reason to believe that such evidence or produc tion is material, and \r\nthat  such person has without lawful excuse, failed to attend or to produce the document in compliance \r\nwith such summons or has intentionally avoided service, it may issue a  proclamation requiring him to \r\nattend  to give  evidence or to produce the document at a time  and place to be named therein ; and a \r\ncopy of  such proclamation shall be affixed on the outer door or other conspicuous part of the house in \r\nwhich he ordinarily resides. \r\n(3) In lieu of or at the time of issuing such proc lamation, or at any time afterwards, the Court \r\nmay, in its discretion, issue a warrant, either with or without bail, for the arrest of such person, and \r\nmay make an order for the attachment of his property to such amount as it thinks fit not exceeding the \r\namount of the costs of attachment and of any fine which may be imposed under rule 12: \r\nProvided that no Court of Small Causes shall make an order for the attachment of immovable \r\nproperty. \r\n11. If witness appears attachment may be withdrawn.  Where, at any time  after the \r\nattachment of his property, such person appears and satisfies the Court,__ \r\n(a) that he did not, without lawful excuse, fail to comply with the summons or \r\nintentionally avoid service, and \r\n(b) where he has failed to attend at the time and place named in a proclamation \r\nissued under the last preceding rule, that he had no notice of such proclamation \r\nin time to attend, \r\nthe Court shall direct that the property be released from attachment, and shall make such order as to \r\nthe costs of the attachment as it thinks fit. \r\n12. Procedure if witness fails to appear. The Court may, where such person does not appear, \r\nor appears but fails so to satisfy the Court, impose upon him such fine not exceeding 1[two thousand] \r\nrupees as it thinks fit, having regard to his condition in life and all the circumstances of the case, and \r\nmay order his property, or any part thereof, to be attached and sold or, if already attached under rule \r\n10, to be sold for the purpose of satisfying all costs of such attachment, together with th e amount of \r\nthe said fine, if any: \r\nProvided that, if the person whose attendance is required pays into Court the costs and fine \r\naforesaid, the Court shall order the property to be released from attachment. \r\n13. Mode of attachment. The provisions with regard to the attachment and sale of property in \r\nthe execution of a decree shall, so far as they are applicable be deemed to apply to any attachment and \r\nsale under this Order as if the person whose property is so attached were a judgment­debtor. \r\n14. Court may of its accord summon as witnesses strangers to suit. Subject to the provisions \r\nof this Code as to attendance and appearance and to any law for the time being in  force, where the \r\nCourt at any time  thinks it  is necessary to examine any person other than a party    to the suit and not \r\ncalled as a witness by a party to the suit, the Court  may,  of its own motion, cause  such person to be \r\nsummoned as a witness to give evidence, or to produce any document in  his  possession, on a day to \r\nbe appointed, and may examine  him as a  witness or require  him to produce  such document. \r\n \r\n1Subs. by Act XIV of 1994, S.11 \r\n  \r\n   \r\n \r\nPage 94 of 318 \r\n \r\n15. Duty of persons summoned to give evidence or produce document.  Subject as last \r\naforesaid whoever is summoned to appear and give evidence in a suit shall attend at the time and place \r\nnamed in the summons for that purpose, and whoever is summoned to produce a document shall either \r\nattend to produce it, or cause it to be produced, at such time and place. \r\n16. When they may depart.__ (1) A person so summoned and attending shall, unless the Court \r\notherwise directs, attend at each hearing until the suit has been disposed of. \r\n(2) On the application of either party and the pay ment through the Court of all necessary \r\nexpenses (if any), the Court may require any person so summoned and attending to furnish security to \r\nattend at the next or any other hearing or until the suit is disposed of and, in default of his furnishing \r\nsuch security, may order him to be detained in the civil prison. \r\n17. Application of rules 10 to 13.  The provisions of rules 10 to 13 shall, so far as they are \r\napplicable, be deemed to apply to any person who having attended in compliance with a summons \r\ndeparts, without lawful excuse, in contravention of rule 16. \r\n18. Procedure where witness apprehended cannot give evidence or produce document.  \r\nWhere any person arrested under a warrant is brought before the Court in custody and cannot, owing \r\nto the absence of the parties or any of them, give the evidence or produce the document which he has \r\nbeen summoned to give or produce, the Court may require   him to give  reasonable  bail or other \r\nsecurity for  his appearance at such time and place as it thinks fit, and, on such bail or security being \r\ngiven, may release him, and, in default of his giving such bail or security, may order him to be detained \r\nin the civil prison. \r\n1[19. No witness to be ordered to attend in person unless resident within certain limits. A \r\nperson shall not be asked by a Court to attend in person to give evidence unless he resides at any place   \r\nin Pakistan.]. \r\n20. Consequence of refusal of party to give evidence when called on by Court.  Where any \r\nparty to a suit present in Court refuses, without lawful excuse, when required by the Court, to give \r\nevidence or to produce any document then and there in his possession or power, the Co urt may \r\npronounce judgment against him or make such order in relation to the suit as it thinks fit. \r\n21. Rules as to witnesses to apply to parties summoned. Where any party to a suit is required \r\nto give evidence or to produce a document, the provisions as t o witnesses shall apply to him so far as \r\nthey are applicable. \r\n_______ \r\nORDER XVII \r\nADJOURNMENTS \r\n1. Court may grant time and adjourn hearing.__ (1) The Court may, if sufficient cause is \r\nshown, at any stage of the suit grant time  to the  parties or to any of them, and may from time  to time  \r\nadjourn the hearing of the suit. \r\n2. Costs of adjournment. In every such case the Court shall fix a day for the further hearing \r\nof the suit, and may make such order as it thinks fit with respect to the costs occasioned by t he \r\nadjournment: \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for the original rule 19. \r\n  \r\n   \r\n \r\nPage 95 of 318 \r\n \r\nProvided that, when the hearing of evidence has once begun, the hearing of the suit shall be \r\ncontinued from day to day until all the witnesses in attendance have been examined, unless the Court \r\nfinds the adjournment of the hearing beyond the following day to be necessary for reasons to be \r\nrecorded. \r\n2. Procedure if parties fails to appear on day fixed. Where, on any day to which the hearing \r\nof the suit is adjourned, the parties or any of them fail to appear, the Court may proceed to dispose of \r\nthe suit in one of the modes directed in that behalf by Order IX or make such other order as it thinks \r\nfit. \r\n3. Court may proceed not withstanding either party fails to produce evidence, etc. Where \r\nany party to a suit to whom time has been granted fails to produce his evidence, or to cause the \r\nattendance of his witnesses, or to perform any other act necessary to the further progress of the suit, \r\nfor which   time has been allowed, the Court may, notwithstanding such default, proceed to decide the \r\nsuit forthwith. \r\n1[4. Appearance of parties on the day next after holiday.  Where a suit or proceeding is set \r\ndown for a day which is a holiday, the parties thereto shall appear in the Court on the day next following \r\nthat day, or, when two or more successive days are holidays, on the day next following the last of such \r\nsuccessive days, and the Court may then either proceed with the suit on such day, or fix some other \r\nday thereafter. \r\n5. Appearance of parties on the day when the presiding officer is absent. When on any day \r\nthe presiding officer of the Court is absent by reason of illness or any other cause, the parties to the \r\nsuit or proceeding set down for that day (notwithstanding the knowledge that the presiding officer \r\nwould be absent) shall appear in the Court in the Court­house on that day and the ministerial officer of \r\nthe Court authorized in that behalf shall hand over to the parties slips of paper specifying the other date \r\nfixed for proceeding with the suit or proceeding and signed by him.]. \r\nORDER XVIII \r\nHEARING OF THE SUIT AND EXAMINATION OF WITNESSES \r\n1. Right to begin.  The plaintiff has the right to begin unless the defendant admits the facts \r\nalleged by the plaintiff and contends that either in point of law or on some additional facts alleged by \r\nthe defendant the plaintiff is not entitled to any part of the relief which he seeks, in which case the \r\ndefendant has the right to begin. \r\n2. Statement and production of evidence.__ (1) On the day fixed for the hearing of the suit or \r\non any other day to which the hearing is adjourned, the party having the right to begin shall state  his \r\ncase and produce his evidence in support of the issues which he is bound to prove. \r\n(2) The other party shall then state his case and produce his evidence (if any) and may then \r\naddress the Court generally on the whole case. \r\n(3) The party beginning may then reply generally on the whole case. \r\n3. Evidence where several issues. Where there are several issues, the burden of proving some \r\nof which lies on the other party, the party beginning may, at his option, either produce his evidence on \r\nthose  issues or  reserve  it  by  way of answer to the evidence produced by the other party ; and, in  the \r\n1Rule 4 and 5 were added by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. \r\n  \r\n   \r\n \r\nPage 96 of 318 \r\n \r\nlatter case, the party beginning may produce evidence on those issues after the other party has produced \r\nall his evidence, and the other party may then reply specially on the evidence so produced by the party \r\nbeginning ; but the party beginning will then be entitled to reply generally on the whole case. \r\n4. Witnesses to be examined in open Court. The evidence of the witnesses in attendance shall \r\nbe taken orally in open Court in the presence and under the personal direction and superintendence of \r\nthe Judge. \r\n5. How evidence shall be taken in appealable cases.  In cases in which an appeal is allowed \r\nthe evidence of each witness shall be taken down in writing, in the language of the Court, by or in the \r\npresence and under the personal direction and superintendence of the Judge, not ordinarily in the form    \r\nof question and answer, but in that of a narrative, and, when completed, shall be read over in the \r\npresence of the Judge and of the witness, and the Judge shall, if necessary, correct the same, and shall \r\nsign it \r\n6. When deposition to be interpreted.  Where the evidence is taken down in a language \r\ndifferent from that in which it is given, and the witness does not understand the language in which it \r\nis taken down, the evidence as taken down in writing shall be interpreted to him in the language in \r\nwhich it is given. \r\n7. Evidence under section 138. Evidence taken down under section 138 shall be in the form \r\nprescribed by rule 5 and shall be read over and signed and, as occasion may require, interpreted and \r\ncorrected as if it were evidence taken down under that rule. \r\n8. Memorandum when evidence not taken down by judge. Where the evidence is not taken \r\ndown in writing by the Judge, he shall be bound, as the examination of each witness proceeds, to make   \r\na memorandum of the substance of what each witness deposes, and such memorandum shall be written \r\nand signed by the Judge and shall form part of the record. \r\n9. When evidence may be taken in English. Where English is not the language of the Court, \r\nbut all the parties to the suit who appear in person, and the pleaders of such as appear by pleaders, do \r\nnot object to have such evidence as is given in English taken down in English, the Judge may so take \r\nit down. \r\n10. Any particular question and answer may be taken down.  The Court may, of its own \r\nmotion or on the application of any party or his pleader, take down any particular question and answer, \r\nor any objection to any question, if there appears to be any special reason for so doing. \r\n11. Questions objected to and allowed by Court. Where any question put to a witness is  \r\nobjected to by a party or his pleader, and the Court allows the same to be put, the Judge shall take \r\ndown the question, the answer, the objection and the name of the person making it, together with the \r\ndecision of the Court thereon. \r\n12. Remarks on demeano ur of witnesses.  The Court may record such remarks as it thinks \r\nmaterial respecting the demeanour of any witness while under examination. \r\n13. Memorandum of evidence in un­appealable cases.  In cases in which an appeal is not \r\nallowed, it shall not be necessary to take down the evidence of the witnesses in writing at length ; but   \r\nthe Judge, as the examination of each witness proceeds, shall make a memorandum of the substance \r\nof what he depos es, and such memorandum shall be written and signed by the Judge and shall form \r\npart of the record. \r\n   \r\n \r\nPage 97 of 318 \r\n \r\n14. Judge unable to make such memorandum to record reasons of his inability.__ (1) \r\nWhere the Judge is unable to make a memorandum as required by this Order, he shall cause the reason \r\nof such inability to be recorded, and shall cause the memorandum to be made in writing from his \r\ndictation in open Court. \r\n(2) Every memorandum so made shall form part of the record. \r\n15. Power to deal with evidence taken before ano ther Judge.__ (1) Where a Judge is \r\nprevented by death, transfer or other cause from concluding the trial of a suit, his successor may deal \r\nwith any evidence or memorandum taken down or made under the foregoing rules as if such evidence \r\nor memorandum had been taken down or made by him or under his direction under the said rules and \r\nmay proceed with the suit from the stage at which his predecessor left it. \r\n(2) The provisions of sub­rule (1) shall, so far as they are applicable, be deemed to apply to \r\nevidence taken in a suit transferred under section 24. \r\n16. Power   to   examine witness immediately. __ (1) Where a witness is about to leave the  \r\njurisdiction of the Court, or other sufficient cause is shown to the satisfaction of the Court why his \r\nevidence should be taken immediately, the Court may, upon the  application of any party or of the  \r\nwitness, at any time after the institution of the suit, take the evidence of such witness in manner \r\nhereinbefore provided. \r\n(2) Where such evidence is not taken forthwith and  in the presence of the parties, such notice \r\nas the Court thinks sufficient, of the day fixed for the examination, shall be given to the parties. \r\n(3) The evidence so taken shall be read over to the witness, and, if he admits it to be correct, \r\nshall be signed by him, and the Judge shall, if necessary, correct the same, and shall sign it, and it may \r\nthen   be read at any hearing of the suit. \r\n17 Court may recall and examine witness.  The Court may at any stage of a suit recall any \r\nwitness who has been examined and may (subject to the law of evidence for the time being in force) \r\nput such questions to him as the Court thinks fit. \r\n18 Power of Court to inspect.  The Court may at any stage of a suit inspect any property or \r\nthing concerning which any question may arise. \r\n_______ \r\nORDER XIX  \r\nAFFIDAVITS \r\n1. Power to order any point to be proved by affidavit.  Any Court may at any time for \r\nsufficient reason order that any particular fact or facts may be proved by affidavit, or that the affidavit \r\nof any witness may be read at the hearing, on such conditions as the Court thinks reasonable: \r\nProvided that where it appears to the Court that either party bona fide desires the production of \r\na witness for cross­examination, and that such witness can be produced, and order shall not be made \r\nauthorizing the evidence of such witness to be given by affidavit. \r\n2. Power to order attendance of deponent for cross examination.__ (1) Upon any application \r\nevidence may be given by affidavit, but the Court may, at the instance of either party, order the \r\nattendance for cross­examination of the deponent. \r\n   \r\n \r\nPage 98 of 318 \r\n \r\n(2) Such attendance shall be in Court, unless the deponent is exempted from per sonal \r\nappearance in Court, or the Court otherwise directs. \r\n3. Matters to which affidavit shall be confined. __ (1) Affidavits shall be confined to such \r\nfacts as the deponent is able of his own knowledge to prove, except on interlocutory applications, on \r\nwhich statements of his belief may be admitted : Provided that the grounds thereof are stated. \r\n(2) The cost of every affidavit which shall unnecessarily set forth matter of hearsay or \r\nargumentative matter, or copies of or extracts from documents, shall (unles s the Court otherwise \r\ndirects) be paid by the party filing the same. \r\n_______ \r\nORDER XX  \r\nJUDGMENT AND DECREE \r\n1[1. Judgment when pronounced.__ (1) On completion of evidence, the Court shall fix a date, \r\nnot exceeding fifteen days, for hearing of arguments of parties. \r\n(2) The Court shall, after the case has been heard, pronounce judgment in open Court, either at \r\nonce or on some future day not exceeding thirty days, for which due notice shall be given to the parties \r\nor their advocates.] \r\n2. Power to pronounce judgment written by judge's predecessor. A Judge may pronounce \r\na judgment written but not pronounced by his predecessor. \r\n3. Judgment to be signed. The judgment shall be dated and signed by the Judge in open Court \r\nat the time of pronouncing it and, when once signed, shall not afterwards be altered or added to, save \r\nas provided by section 152 or on review. \r\n4. Judgment of Small Cause Courts. __ (1) Judgments of a Court of Small Causes need not \r\ncontain more than the points for determination and the decision thereon. \r\n(2) Judgments of other Courts. Judgments of other Courts shall contain a concise statement \r\nof the case, the points for determination, the decision thereon, and the reasons for such decision. \r\n5. Court to state its decision on each issue.  In suits in which issues have been framed, the \r\nCourt shall state its finding or decision, with the reasons therefore, upon each separate issue, unless \r\nthe finding upon any one or more of the issues is sufficient for the decision of the suit. \r\n6. Contents of decree. __ (1) The decree shall agree with the ju dgment ; it shall contain the \r\nnumber of the suit, the names and descriptions of the parties, and particulars of the claim, and shall \r\nspecify  clearly the relief granted or other determination of the suit. \r\n(2) The decree shall also state the amount of costs incurred in the suit, and by whom or out of \r\nwhat property and in what proportions such costs are to be paid. \r\n(3) The Court may direct that the costs payable to one party by the other shall be set­off against \r\nany sum which is admitted or found to be due from the former to the latter. \r\n \r\n1Subs. by Act XIV of 1994, s.11. \r\n   \r\n \r\nPage 99 of 318 \r\n \r\n7. Date of decree. The decree shall bear date the day on which the judgment was pronounced, \r\nand, when the Judge has satisfied himself that the decree, has been drawn up in accordance with the \r\njudgment, he shall sign the decree. \r\n8. Procedure where Judge has vacated office before signing decree . Where a Judge has \r\nvacated office after pronouncing judgment but without signing the decree a decree drawn up in \r\naccordance with such judgment may be signed by his successor or, if the Court has ceased to exist, by \r\nthe Judge of any Court to which such Court was subordinate. \r\n9. Decree for recovery of immovable property.  Where the subject­mater of the suit is \r\nimmovable property, the decree shall contain a description of such property sufficient to identify the \r\nsame, and where such property can be identified by boundaries or by numbers in a record of settlement \r\nor survey, the decree shall specify such boundaries or numbers. \r\n10. Decree for delivery of movable property.  Where the suit is for moveable property, and \r\nthe decree is for the deliv ery of such property, the decree shall also state the amount of money to be \r\npaid     as an alternative if delivery cannot be had. \r\n11. Decree may direct payment by installments.__ (1) Where and in so far as a decree is for \r\nthe payment of money, the Court may for any sufficient reason at the time of passing the decree order \r\nthat payment of the amount decreed shall be postponed or shall be made by installments, with or \r\nwithout interest, notwithstanding anything contained in the contract under which the money is payable. \r\n(2) Order, after decree, for payment by instalments . After the passing of any such decree \r\nthe Court may, on the application of the judgment­debtor and with the consent of the decree­holders, \r\norder that payment of the amount decreed shall be postponed or shall be made by installments on such \r\nterms   as to the payment of interest, the attachment of the property of the judgment­debtor, or the \r\ntaking of security from him, or otherwise, as it thinks fit. \r\n12. Decree for possession and mesne profits. __ (1) Where a suit is for the recovery of \r\npossession of immovable property and for rent or mesne profits, the Court may pass a decree__ \r\n(a) For the possession of the property; \r\n(b) For the rent or mesne profits which have accrued on the property during a period \r\nprior to the institution of the suit or directing an inquiry as to such rent or mesne \r\nprofits; \r\n(c) Directing an inquiry as to rent or mesne profits from the institution of the suit \r\nuntil__ \r\n(i) the delivery of possession to the decree­holder; \r\n(ii) the relinquishment of possession by the judgment­debtor with notice to  \r\nthe decree­ holder through the Court; or \r\n(iii) the expiration of three years from the date of the decree, whichever event \r\nfirst occurs. \r\n(2) Where an inquiry is directed under clause(b) or cl ause (c), a final decree in respect of the \r\nrent or mesne profits shall be passed in accordance with the result of such inquiry. \r\n  \r\n   \r\n \r\nPage 100 of 318 \r\n \r\n13. Decree in administration suit.__ (1) Where a suit is for an account of any property and for \r\nits due administration under the decree of the Court, the Court shall, before passing the final decree, \r\npass a preliminary decree, ordering such accounts and inquiries to be taken and made, and giving such \r\nother directions as it thinks fit. \r\n(2) In the administration by the Court of the property of any deceased person, if  such property  \r\nproves to be insufficient for the payment in full of his debts and liabilities, the same rules shall be  \r\nobserved as to the respective rights of secured and unsecured creditors and as to debts and liabi lities \r\nprovable, and as to the valuation of annuities and future and contingent  liabilities  respectively, as may  \r\nbe in force for the time being, within the local limits of the Court in which the administration suit is \r\npending with respect to the  estates of persons adjudged or declared insolvent;  and all persons who in \r\nany such case would be entitled to be paid out of such property, may come in under the preliminary \r\ndecree, and make such claims against the same as they may respectively be entitled to by virtue of this \r\nCode. \r\n14. Decree  in pre­emption suit. __ (1) Where the Court decrees a claim to pre­emption in \r\nrespect of a particular sale of property and the purchase­money has not been paid into Court, the decree \r\nshall__ \r\n(a) specify a day on or before which the purchase­money shall be so paid, and \r\n(b) direct that on payment into Court of such purchase­money, together with the \r\ncosts (if any) decreed against the plaintiff, on or before the day referred to in \r\nclause (a), the defendant shall deliver possession of the property to the plaintiff, \r\nwhose title thereto shall be deemed    to have accrued from the date of such \r\npayment, but that, if the purchase­money and the costs (if any) are not so paid, \r\nthe suit shall be dismissed with costs \r\n(2) Where the Court has adjudicated upon rival claims to pre­emption, the decree shall direct,__ \r\n(a) if and in so far as the claims decreed are equal in degree, that the claim of each \r\npre­emptor complying with the provisions of sub­rule (1) shall take effect in \r\nrespect of a proportionate share of the property including any proportionate \r\nshare in respect of which the claim of any pre­emptor failing to comply with the \r\nsaid provisions would, but for such default, have taken effect ; and \r\n(b) if and in so far as the claims decreed  are different in degree, that the claim of \r\nthe inferior pre­emptor shall not take effect unless and until the superior \r\npre­emptor has failed to comply with the said provisions. \r\n15. Decree in suit for dissolution of partnership.  Where a suit is for the dis solution of a \r\npartnership, or the taking of partnership accounts, the Court, before passing a final decree, may pass \r\nas preliminary decree declaring the proportionate shares of the parties, fixing the day on which the \r\npartnership shall stand dissolved or be deemed to have been dissolved, and directing such accounts to \r\nbe taken, and other acts to be done, as it thinks fit. \r\n16. Decree in suits for account between principal and agent.  In a suit for an account of \r\npecuniary transactions between a principal and a n agent, and in any other suit not herein­before \r\nprovided for, where it is necessary, in order to ascertain the amount of money due to or from any party, \r\nthat an account should be taken, the Court shall, before passing its final decree, pass a preliminary \r\ndecree directing such accounts to be taken as it thinks fit. \r\n   \r\n \r\nPage 101 of 318 \r\n \r\n \r\n17. Special directions as to accounts. The Court may either by the decree directing an account \r\nto  be taken or by any subsequent order give special directions with regard to the mode  in  which  the \r\naccount is to be taken or vouched and in particular may direct that in taking the account the books of \r\naccount in which the accounts in question have been kept shall be taken as prima facie evidence of the \r\ntruth of the matters therein contained with liberty to the parties interested to take such objection  thereto \r\nas they may be advised. \r\n18. Decree in suit for partition of property or separate possession of a share therein.   \r\nWhere the Court passes a decree for the partition of property or for the separate possession of a share \r\ntherein, then,__ \r\n(1) if and in so far as the decree relates to an estate assessed to the payment of \r\nrevenue to the Government, the decree shall declar e the rights of the several \r\nparties interested in the property, but shall direct such partition or separation to \r\nbe made by the Collector, or any gazetted subordinate of the Collector deputed \r\nby him in this behalf, in accordance with such declaration and w ith the \r\nprovisions of section 54; \r\n(2) if and in so far as such decree relates to any other immoveable property or to \r\nmoveable property, the Court may, if partition or separation cannot be \r\nconveniently made without further inquiry, pass a preliminary decree declaring \r\nthe rights of the several parties interested in the property and giving such further \r\ndirections as may be required. \r\n19. Decree when set­off is allowed. __ (1) Where the defendant has been allowed a set­off \r\nagainst    the claim of the plaintiff, t he decree shall state what amount is due to the plaintiff and what \r\namount is  due to the defendant, and shall be for the recovery of any sum which appears to be due to \r\neither party. \r\n(2) Appeal from decree relating to set­off.  Any decree passed in a suit in  which a set­off is \r\nclaimed shall be subject to the same provisions in respect of appeal to which it would have been subject \r\nif no set­off had been claimed. \r\n(3) The provisions of this rule shall apply whether the set­off is admissible under rule 6 of \r\nOrder VIII or otherwise. \r\n20. Certified copies of the judgment and decree to be furnished.  Certified copies of the \r\njudgment and decree shall be furnished to the parties on application to the Court, and at their expense. \r\n_______ \r\nORDER XXI \r\nEXECUTION OF DECREES AND ORDERS \r\nPayment under Decree \r\n1. Modes of paying money under decree .__ (1) All money payable under a decree shall be \r\npaid as follows, namely:__ \r\n(a) into the Court whose duty it is to execute the decree; or \r\n   \r\n \r\nPage 102 of 318 \r\n \r\n(b) out of Court to the decree­holder 1[through a bank or by postal money order or \r\nevidence by writing signed by the decree­ holder or his authorized agent] ; or \r\n(c) otherwise as the Court which made the decree directs. \r\n(2) Where any payment is made under clause (a) of sub­rule (1), notice of such payment  shall \r\nbe given to the decree­holder. \r\n2. Payment out of Court to decree holder.__ (1) Where any money payable under a decree of \r\nany kind is paid out of Court, or the decree is otherwise adjusted in whole  or in part to the satisfaction    \r\nof the decree­holder, the decree­holder shall certify such payment or adjustment to the Court  whose  \r\nduty it is to execute the decree, and the Court shall record the same accordingly. \r\n(2) The judgment­debtor also may inform the Court of such payment or adjustment, and apply \r\nto the Court to issue a notice to the decree­holder to show cause, on a day to be fixed by the Court, \r\nwhy such payment or adjustment should not be recorded as certified; and if, after service of such notice, \r\nthe decree­holder fails to show cause why the  payment or adjustment should not be recorded as \r\ncertified, the Court shall record the same accordingly. \r\n2[(3) Any payment not made in the manner provided in rule 1 or any adjustment not made in \r\nwriting shall not be recognized by the Court executing the decree.] \r\nCourts executing Decrees \r\n3. Lands situate in more than one jurisdiction. Where immoveable property forms one estate \r\nor tenure situate within the local limits of the jurisdiction of two or more Courts, any one of such \r\nCourts may attach and sell the entire estate or tenure. \r\n4. [Transfer to Court of Small Causes.] Omitted by the A.O., 1949. \r\n5. Mode of transfer. Where the Court to which a decree is to be sent for execution is situate \r\nwithin the same district as the Court which passed such decree, such Court shall send the same directly \r\nto the former Courts. But, where the Court to which the decree is to be sent for execution is situate in \r\na different district, the Court which passed it shall send it to the District Court of the district in which \r\nthe decree is to be executed. \r\n6. Procedure where Court desires that its own decree shall be executed by another Court. \r\nThe Court sending a decree for execution shall send__ \r\n(a) a copy of the decree; \r\n(b) a certificate setting forth that satisfaction of the decree has not been obtained by \r\nexecution within the jurisdiction of the Court by which it was passed, or, where \r\nthe decree has been executed in part, the extent to which satisfaction has been \r\nobtained and what part of the decree remains unsatisfied; and \r\n(c) a copy of any order for the execution of the decree, or, if no such order has been \r\nmade, a certificate to that effect. \r\n \r\n1Ins. by the Law Reforms Ordinance, 1972 (12 of 1972), S.2 and Sch. \r\n2Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for the original sub­rule (3). \r\n  \r\n   \r\n \r\nPage 103 of 318 \r\n \r\n7. Court receiving copies of decree, etc., to file same without proof.  The Court to which a \r\ndecree is so sent shall cause such copies and certificates to be filed, without any further proof of the \r\ndecree or order for execution, or of the copies thereof, unless the Court, for any special reasons to be \r\nrecorded under the hand of the Judge, requires such proof. \r\n8. Execution of decree or order by Court to which it is sent. Where such copies are so filed, \r\nthe decree or order may, if the Court to which it is sent is the District Court, be executed by such Court \r\nor be transferred for execution to any subordinate Court of competent jurisdiction. \r\n9. Execution by High Court of decree transferred by other Court. Where the Court to which \r\nthe decree is sent for execution is a High Court, the decree shall be executed by such Court in the same \r\nmanner as if it had been passed by such Court in the exercise of its ordinary original civil jurisdiction. \r\nApplication for Execution \r\n10. Application for execution. Where the holder of a decree desires to execute it, he shall \r\napply to the Court which passed the decree or to the officer (if any) appointed in this behalf, or if the \r\ndecree   has been sent under the provisions hereinbefore contained to another Court then to such Court \r\nor to the proper officer thereof. \r\n11. Oral application.__ (1) Where a decree is for the payment of money the Court may, on he \r\noral application of the decree­holder at the time of the passing of the decree, order immediate execution \r\nthereof by the arrest of the judgment­debtor, prior to the preparation of a warrant if he is within the \r\nprecincts of the Court. \r\n(2) Written application. Save as otherwise provided by sub­rule (1), every application for the \r\nexecution of a decree shall be in writing, signed and verified by the applicant or by some other person \r\nproved to the satisfaction of the Court to be acquainted with the facts of the case, and shall contain in \r\na tabular form the following particulars, namely:__ \r\n(a) the number of the suit ; \r\n(b) the names of the parties ; \r\n(c) the date of the decree ; \r\n(d) whether any appeal has been preferred from the decree ; \r\n(e) whether any, and (if any), what, payment or other adjustment of the matter in \r\ncontroversy has been made between the parties subsequently to the decree ; \r\n(f) whether any, and (if any) what, previous applications have been made for the \r\nexecution of the decree, the dates of such applications and their results ; \r\n(g) the amount with interest (if any) due upon the decree, or other relief granted \r\nthereby, together with particulars of any cross­decree, whether passed before or \r\nafter the date of the decree sought to be executed ; \r\n(h) the amount of the costs (if any) awarded ; \r\n(i) the name of the person against whom execution of the decree is sought ; and \r\n  \r\n   \r\n \r\nPage 104 of 318 \r\n \r\n(j) the mode in which the assistance of the Court is required, whether__ \r\n(i) by the delivery of any property specifically decreed ; \r\n(ii) by the attachment and sale, or by the sale without attachment, of any \r\nproperty ; \r\n(iii) by the arrest and detention in prison of any person ; \r\n(iv) by the appointment of a receiver ; \r\n(v) otherwise, as the nature of the relief granted may require. \r\n(3) The Court to which an application is made under sub­rule (2) may require the applicant to \r\nproduce a certified copy of the decree. \r\n12. Application for attachment of moveable property not in judgment­debtor ’s \r\npossession. Where an application is made for the attachment of any movable property belonging to a \r\njudgment­ debtor but not in his possession, the  decree­ holder shall annex to the application an \r\ninventory of the property to be attached, containing a reasonably accurate description of the same. \r\n13. Application for attachment of immoveable property to contain particulars.  Where an \r\napplication is made for the attachment of any immoveable property belonging to a judgment­debtor, it \r\nshall contain at the foot__ \r\n(a) a description of such property sufficient to identify the same and, in case such \r\nproperty can be identified by boundaries or numbers in a record of settlement \r\nor survey, a specification of such boundaries or numbers ; and \r\n(b) a specification of the judgment­debtor's share or interest in such property to the \r\nbest of the belief of the applicant, and so far as he has been able to ascertain the \r\nsame. \r\n14. Power to require certified extract from Collector`s register in certain cases. Where an \r\napplication is made for the attachment of any land which is registered in the office of the Collector, \r\nthe Court may require the applicant to produce a certif ied extract from the register of such office, \r\nspecifying the persons registered as proprietors of, or as possessing any transferable interest in, the \r\nland or its revenue, or as liable to pay revenue for the land and the shares of the registered proprietors. \r\n15. Application for execution by joint decree holder. __ (1) Where a decree has been passed  \r\njointly in favour of more persons than one, any one or more of such persons may, unless the decree \r\nimposes any condition to the contrary, apply for the execution o f the whole decree for the benefit  of  \r\nthem all, or, where any of them has died, for the  benefit  of the  survivors and the  legal representatives  \r\nof the deceased. \r\n(2) Where the Court sees sufficient cause for allowing the decree to be executed on an \r\napplication made under this rule, it shall make such order as it deems necessary for protecting the \r\ninterests of the persons who have not joined in the application. \r\n16. Application for execution by transferee of decree.  Where a decree or, if a decree has \r\nbeen passed jointly in favour of two or more persons, the interest of any decree­holder in the decree is \r\ntransferred by assignment in writing or by operation of law, the transferee may apply for execution of \r\nthe decree to the Court which passed it ; and the d ecree may be executed in the same manner and \r\n   \r\n \r\nPage 105 of 318 \r\n \r\nsubject to the same conditions as if the application were made by such decree­holder: \r\nProvided that, where the decree, or such interest as aforesaid, has been transferred by \r\nassignment, notice of such applicatio n shall be given to the transferor and the judgment­debtor, and \r\nthe decree shall not be executed until the Court has heard their objections (if any) to its execution: \r\nProvided also that, where a decree for the payment of money against two or more persons h as \r\nbeen transferred to one of them, it shall not be executed against the others. \r\n17. Procedure on receiving application for execution of decree .__ (1) On receiving an \r\napplication for the execution of a decree as provided by rule  11,  sub­rule(2), the  Court  shall ascertain \r\nwhether  such of the requirements of rules 11 to 14 as may be applicable to the case have been complied \r\nwith ;  and, if they h ave not been complied with, the Court may reject the application, or may allow \r\nthe defect   to be remedied then and there or within a time to be fixed by it. \r\n(2) Where an application is amended under the provisions of sub­rule (1), it shall be deemed to \r\nhave been an application in accordance with law and presented on the date when it was first presented. \r\n(3) Every amendment made under this rule shall be signed or initiated by the Judge. \r\n(4) When the application is admitted, the Court shall enter in the prop er register a note of the \r\napplication and the date on which it was made, and shall, subject to the provisions hereinafter \r\ncontained, order execution of the decree according to the nature of the application: \r\nProvided that, in the case of decree for the payment of money, the value of the property attached \r\nshall, as nearly as may be, correspond with the amount due under the decree. \r\n18. Execution in case of cross­decrees. __ (1) Where applications are made to a Court for the  \r\nexecution of cross­decrees in separate suits for the payment of two sums of money passed between the \r\nsame parties and capable of execution at the same time such Court, then__ \r\n(a) if the two sums are equal, satisfaction shall be entered upon both decrees; and \r\n(b) if the two sums are unequal, execution may be taken out only by the holder of \r\nthe decree for the larger sum and for so much only as remains after deducting \r\nthe smaller sum, and satisfaction for the smaller sum shall be entered on the \r\ndecree for the larger sum as well as satisfaction o f the decree for the smaller \r\nsum. \r\n(2) This rule shall be deemed to apply where either party is an assignee of one of the decrees \r\nand as well in respect of judgment­debts due by the original assignor as in respect of judgment­debts \r\ndue by the assignee himself. \r\n(3) This rule shall not be deemed to apply unless__ \r\n(a) the decree­holder in one of the suits in which the decrees have been made is the \r\njudgment­ debtor in the other and each party fills the same character in both \r\nsuits; and \r\n(b) the sums due under the decree are definite. \r\n(4) The holder of a decree passed against several persons jointly and severally may treat it as a \r\ncross­decree in relation to a decree passed against him singly in favour of one or more of such persons. \r\n   \r\n \r\nPage 106 of 318 \r\n \r\nIllustrations \r\n(a) A holds a dec ree against B for Rs1,000. B holds a decree against A for the \r\npayment of Rs.1,000 in case A fails to deliver certain goods at a future day.  B \r\ncannot treat his decree as a cross­decree under this rule. \r\n(b) A and B, co­plaintiffs, obtain a decree for Rs.1,0 00 against C, and C obtains a \r\ndecree for Rs.1,000 against B. C cannot treat his decree as a cross­decrees under \r\nthis rule. \r\n(c) A obtains a decree against B for Rs.1,000. C who is a trustee for B, obtains a \r\ndecree on behalf of B against A for Rs.1, 000. B c annot treat C's decree as a \r\ncross­decree under this rule. \r\n(d) A, B, C, D, and E are jointly and severally liable for Rs.1,000 under a decree \r\nobtained by F.  A obtains a decree for Rs.100 against F singly and applies for \r\nexecution to the Court in which the joint­decree is being executed, F may treat \r\nhis joint­decree as a cross­decree under this rule. \r\n19. Execution in case of cross­claims under same decree.  Where application is made to a \r\nCourt for the execution of a decree under which two parties are entitled to recover sums of money from \r\neach other, then,__ \r\n(a) if the two sums are equal, satisfaction for both shall be entered upon the decree; \r\nand \r\n(b) if the  two sums are unequal, execution may be taken out only by the party \r\nentitled to the larger sum and for so much only as remains after deducting the \r\nsmaller sum, and satisfaction for the smaller sum shall be entered upon the \r\ndecree. \r\n20. Cross­decrees and cross­claims in mortgage suits. The provisions contained in rules 18 \r\nand 19 shall apply to decrees for sale in enforcement of a mortgage or charge. \r\n21. Simultaneous execution. The Court may, in its discretion, refuse execution at the same \r\ntime against the person and property of the judgment­debtor. \r\n22. Notice to show cause against execution in certain cases. __ (1) Where an application for \r\nexecution is made__  \r\n(a) more than one year after the date of the decree, or  \r\n(b) against the legal representative of a party to the decree,  \r\n1[or where an application is made for execution of a decree filed under the provisions of section 44A,] \r\nthe Court executing the decree shall issue a notice to the person against whom execution is applied for \r\nrequiring him to show cause, on a date to be fixed, why the decree should not be executed against him: \r\nProvided that no such notice shall be necessary in consequence of more than one year having \r\nelapsed between the date of the decree and the ap plication for execution if the application is made \r\nwithin one year from the date of the last order against the party against whom execution is applied for,  \r\n1Ins. by the Code of Civil Procedure (Amdt.) Act, 1937 (8 of 1937), section 3. \r\n  \r\n   \r\n \r\nPage 107 of 318 \r\n \r\nmade on any previo us application for execution, or in consequence of the application being made \r\nagainst the legal representative of the judgment­debtor, if upon a previous application for execution \r\nagainst the same person the Court has ordered execution to issue against him. \r\n(2) Nothing in the foregoing sub­rule shall be deemed to preclude the Court from issuing any  \r\nprocess in execution of a decree without issuing the notice thereby prescribed, if, for reasons to be \r\nrecorded, it considers that the issue of such notice would cause unreasonable delay or would defeat the \r\nends of justice. \r\n23. Procedure after issue of notice.__ (1) Where the person to whom notice is issued under the \r\nlast preceding rule does not appear or does not show cause to the satisfaction of the Court  why the  \r\ndecree should not be executed, the Court shall order the decree to be executed. \r\n(2) Where such person offers any objection to the execution of the decree, the Court shall \r\nconsider such objection and make such order as it thinks fit. \r\n1[Objection to Execution \r\n23­A. Deposit of decretal amount, etc. An objection by the judgment­debtor to the execution \r\nof a decree shall not be considered by the Court unless__ \r\n(a) in the case of a decree for the payment of money, he either deposits the decretal \r\namount in Court or furnishes security for its payment; and \r\n(b) in the case of any other decree, he furnishes security for the due performance of \r\nthe decree.]. \r\nProcess for Execution \r\n24. Process for Execution .__ (1) When the preliminary measures (if any) required by the \r\nforegoing rule have been taken, the Court shall, unless it sees cause to the contrary, issue its process \r\nfor the execution of the decree. \r\n(2) Every such process shall bear date the day on which it is issued, and shall be signed by the \r\nJudge or such officer as the Court may appoint in this behalf, and shall be sealed with the seal of the \r\nCourt and delivered to the proper officer to be executed. \r\n(3) In every such process a day shall be specified on or before which it shall be executed. \r\n25. Endorsement on process. __ (1) The officer entrusted with the execution of the process \r\nshall endorse thereon the day on, and the  manner in,  which it  was executed, and, if  the  latest  day \r\nspecified in the process for the return thereof has been exceeded, the reason of the delay, or,  if  it  was  \r\nnot executed, the reason why it was not  executed, and shall return the  process with  such endorsement  \r\nto  the Court. \r\n(2) Where the endorsement is to the effect that su ch officer is unable to execute the process, \r\nthe Court shall examine him touching his alleged inability, and may, if it thinks fit, summon and \r\nexamine witnesses as to such inability, and shall record the result. \r\n \r\n1Rule 23A and heading ins. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. \r\n  \r\n   \r\n \r\nPage 108 of 318 \r\n \r\nStay of Execution \r\n26. When   Court   may stay  execution. __ (1) The Court to which a decree has been sent for  \r\nexecution shall, upon sufficient cause being shown, stay the execution of such decree for a reasonable \r\ntime, to enable the judgment­debtor to apply to the Court by which the decree was passed, or to any \r\nCourt having appellate jurisdiction in  respect  of the  decree  or the  execution thereof, for an order to  \r\nstay execution, or for any other order relating to the decree or execution which might  have  been made  \r\nby such Court of first instance or appellate Court if execution had been issued thereby, or if application \r\nfor execution had been made thereto. \r\n(2) Where the property or person of the jud gment­debtor has been seized under an execution \r\nthe Court which issued the execution may order the restitution of such property or the discharge of \r\nsuch person pending the result of the application. \r\n1[* * * * * * *] \r\n27. Liability of judgment debtor or disc harged. No order of restitution or discharge under \r\nrule 26 shall prevent the property or person of a judgment­debtor from being retaken in execution of \r\nthe decree sent for execution. \r\n28. Order of Court which passed decree or of appellate Court to be bindin g upon Court \r\napplied to. Any order of the Court by which the decree was passed, or of such Court of appeal as \r\naforesaid, in relation to the execution of such decree, shall be binding upon the Court to which the \r\ndecree was sent for execution. \r\n29. Stay of execution pending suit between decree­holder and judgment­debtor.  Where a \r\nsuit is pending in any Court against the holder of a decree of such Court, on the part of the person \r\nagainst whom the decree was passed, the Court may, on such terms as to security or  otherwise, as it \r\nthinks fit, stay execution of the decree until the pending suit has been decided. \r\nMode of Execution \r\n30. Decree for payment of money. Every decree for the payment of money, including a decree \r\nfor the payment of money as the alternative to some other relief, may be executed by the detention in \r\n2[* * *] prison of the judgment­debtor, or by the attachment and sale of his property, or by both. \r\n31. Decree for specific moveable property. __ (1) Where the decree is for any specific \r\nmoveable, or for any share in a specific moveable, it may be executed by the seizure, if practicable,  of  \r\nthe moveable or share, and by the delivery thereof to the p arty to whom it has been adjudged, or to \r\nsuch person as he appoints to receive delivery on his behalf, or by the detention in 2[* * *] prison of \r\nthe judgment­debtor, or by the attachment of his property, or by both. \r\n(2) Where any attachment under sub­rule (1) has remained in force for six months, if the \r\njudgment debtor has not obeyed the decree and the decree holder has applied to have the  attached \r\nproperty sold, such property may be sold, and out of the proceeds the Court may award to the \r\ndecree­holder, in cases where any amount has been fixed by the decree to be paid as an alternative to \r\ndelivery of moveable property, such amount, and, in other cases, such compensation as it thinks fit, \r\nand shall pay the balance (if any) to the judgment debtor on his application. \r\n \r\n1Sub­rule (3) omitted by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. \r\n2Omitted by Act XIV of 1994, s.11. \r\n   \r\n \r\nPage 109 of 318 \r\n \r\n(3) Where the judgment­debtor has obeyed the decree and paid all costs of executing the  same  \r\nwhich he is bound to pay, or where, at the end of six months from the date of the attachment, no \r\napplication to have the  property sold  has been made, or,  if  made, has been refused, the  attachment  \r\nshall cease. \r\n32. Decree for specific performance for restitution of conjugal rights, or for an injuction.__ \r\n(1) Where the party against  whom a decree for the specific performance of a contract, or for restitution  \r\nof conjugal rights, or for an injunction, has been passed, has had an opportunity of obeying the decree  \r\nand has willfully failed to obey it, the decree may be enforced 1[in the  case  of a  decree  for restitution  \r\nof conjugal rights by the attachment of his property or, in the case of a decree for the specific  \r\nperformance of a contract  or for an injunction] by his detention in  2[* * *] prison, or by the  attachment  \r\nof his property, or by both. \r\n(2) Where the party against whom a decree for specific performance or for an injunction has \r\nbeen passed is a corporation, the decree may be enforced by the attachment of the property  of the \r\ncorporation, or, with the leave of the Court, by the detention in 2[* * *] prison of the directors or other \r\nprincipal officers thereof, or by both attachment and detention. \r\n(3) Where any attachment under sub­rule (1) or sub­rule (2) has remained in force for one year, \r\nif the judgment­debtor has not obeyed the decree and the decree­holder has applied to have the attached \r\nproperty sold, such property may be sold ; and out of the proceeds the Court may award to the decree­ \r\nholder such compensation as it thinks fit, and shall pay the balance (if any) to the judgment­debtor on \r\nhis application. \r\n(4) Where the judgment debtor has obeyed the decree and paid all costs of executing the same \r\nwhich he is bound to pay, or where, at the end of one year from the dat e of the attachment, no \r\napplication to have the property sold has been made, or if made has been refused, the attachment shall \r\ncease. \r\n(5) Where a decree for the specific performance of a contract or for an injunction has not been \r\nobeyed, the Court may, in lieu of or in  addition to all or any of the  processes aforesaid, direct  that  \r\nthe act required to be done may be done so far as practicable by the decree­holder or some other person \r\nappointed by the Court, at the cost of the judgment­debtor and upon the  act being done the expenses \r\nincurred may be ascertained in such manner as the Court may direct and may be recovered as if they \r\nwere included in the decree. \r\nIllustration \r\nA, a person of little substance, erects a building which renders uninhabitable a family mansion \r\nbelonging to B. A, in­spite of his detention in prison and the attachment of his property, declines to \r\nobey a decree obtained against him by B and directing him to remove the building. The Court is of \r\nopinion that no sum realizable by the sa le of A's property would adequately compensate B for the \r\ndepreciation in the value of his mansion. B may apply to the Court to remove the building and may \r\nrecover the cost of such removal from A in the execution­proceedings. \r\n \r\n \r\n1Ins. by the Code of Civil Procedure (Amdt.) Act, 1923 (29 of 1923), s.2. \r\n2Omitted by Act. XIV of 1994, s.11. \r\n  \r\n   \r\n \r\nPage 110 of 318 \r\n \r\n33. Discretion of Court in executing decrees for restitution of conjugal rights. __ (1) \r\nNotwithstanding anything in rule 32, the Court, either at the time of passing a decr ee 1[ against a  \r\nhusband] for the restitution  of  conjugal  rights  or  at  any  time  afterwards,  may  order  that  the  \r\ndecree 2[shall be executed in the manner provided in this rule]. \r\n(2) Where the Court has made an order under sub­rule (1) 3[* * * ], it may order that, in the \r\nevent of the decree not being obeyed within such period as may be fixed in this behalf, the \r\njudgment­debtor shall make to the decree­holder such periodical payments as may be just, and, if it \r\nthinks fit, require   that the judgment­debtor shall, to its satisfaction, secure to the decree­holder such \r\nperiodical payments. \r\n(3) The Court may from time to time vary or modify any order made under sub­rule (2) for the \r\nperiodical payment of money, either by altering the times of payment or by increasing or diminishing \r\nthe amount, or may temporarily suspend the same as to the whole or any part of the money so ordered \r\nto be paid, and again revive the same, either wholly or in part as it may think just. \r\n(4) Any money ordered to be paid under this rule may be recovered as though it were payable \r\nunder a decree for the payment of money. \r\n34. Decree for execution of document, or endorsement of negotiable instruments. __  (1) \r\nWhere a decree is for the execution of a document or for the endorsement of a  negotiable instrument \r\nand the judgment­debtor neglects or refuses to obey the decree, the decree­holder may prepare a draft \r\nof the document or endorsement in accordance with the terms of the decree and deliver the same to the \r\nCourt. \r\n(2) The Court shall thereupon cause the draft to be served on the judgment­debtor together with \r\na notice requiring his objections (if any) to be made within such time as the Court fixes in this behalf. \r\n(3) Where the judgment­debtor objects to the draft, his objections shall be stated in writing \r\nwithin such time, and the Court shall make such order approving or altering the draft, as it thinks fit. \r\n(4) The decree­holder shall deliver to the Court a copy of the draft with such alterations (if any) \r\nas the Court may have directed up on the proper stamp­paper if a stamp is required by the law for the \r\ntime being in force; and the Judge or such officer as may be appointed in this behalf shall execute the \r\ndocuments so delivered. \r\n(5) The execution of a document or the endorsement of a negotiable instrument under this rule \r\nmay be in the following form, namely:__ \r\n“C.D., Judge of the Court of \r\n(or as the case may be), for A. B., in a suit by E.F. against A.B.\",  \r\nand shall have the same effect as the execution of the document or the endorsement of the negotiable \r\ninstrument by the party ordered to execute or endorse the same. \r\n(6) The Court, or such officer as it may appoint in this behalf, shall cause the document to be \r\nregistered if its registration is required by the law for the time being in  force  or  the  decree­holder \r\ndesires to have it registered, and may make such order as it thinks fit  as to the payment of the expenses  \r\nof the registration. \r\n \r\n1Ins. by the Code of Civil Procedure (Amdt.) Act, 1923 (29 of 1923). \r\n2Subs. ibid., for “shall not be executed by detention in prison”. \r\n3The words “and the decree­holder is the wife” omitted, by the Code of Civil Procedure (Amdt.) Act, 1923 (29 of 1923). \r\n  \r\n   \r\n \r\nPage 111 of 318 \r\n \r\n35. Decree for immoveable property. __ (1) Where a decree is for the delivery of any \r\nimmoveable property, possession thereof shall be delivered to the party to whom it has been adjudged, \r\nor to such person as he may appoint to receive delivery on his behalf, and, if necessary, by removing \r\nany person bound by the decree who refuses to vacate the property. \r\n(2) Where a decree is for the joint possession of immoveable property, such possession shall \r\nbe delivered by affixing a copy of the warrant in some conspicuous place on the property and \r\nproclaiming by beat of drum, or other customary mode, at some convenient place, the substance of the \r\ndecree. \r\n(3) Where possession of any building or enclosure is to be delivered and the person in \r\npossession, being bound by the decree, does no afford free access, the Court, through its officers, may, \r\nafter giving reasonabl e warning and facility to any woman not appearing in public according to the \r\ncustoms of the country to withdraw, remove or open any lock or bolt or break open any door or do any \r\nother act necessary for putting the decree­holder in possession. \r\n36. Decree for delivery of immoveable property when in occupancy of tenant.  Where a \r\ndecree is for the delivery of any immoveable property in the occupancy of a tenant or other person \r\nentitled to occupy the same and not bound by the decree to relinquish such occupancy, the Court shall \r\norder delivery to be made by affixing a copy of the warrant in some conspicuous place on the property, \r\nand proclaiming to the occupant by beat of drum or other customary mode, at some convenient place, \r\nthe substance of the decree in regard to the property. \r\nArrest and Detention in 1[* *] Prison \r\n37. Discretionary power to permit judgment­debtor to show cause against detention in  \r\nprison.__ (1) Notwithstanding anything in these rules, where an application is for the execution of a  \r\ndecree for the payment of money by the arrest and detention in 1[* *] prison of a judgment­debtor who   \r\nis liable to be arrested in pursuance of the  application, the  Court  2[shall], instead of issuing a  warrant \r\nfor his arrest, issue a notice calling upon him to appear before the Court on a day to be specified in the \r\nnotice and show cause why he should not be 1[detained in] prison : \r\n3[Provided that such notice shall not be necessary if the Court is satisfied, by affidavit, or \r\notherwise, that, with the object or effect of delaying the execution of the decree, the judgment­ debtor \r\nis likely to abscond or leave the local limits of the jurisdiction of the Court.] \r\n(2) Where appearance is not made in obedience to the notice, the Court shall, if the \r\ndecree­holder so requires, issue a warrant for the arrest of the judgment­debtor. \r\n38. Warrant for arrest to direct judgment­debtor to be brought up.  Every warrant for the \r\narrest of a judgment­debtor shall direct the officer entrusted with its execution to bring him before the \r\nCourt with all convenient speed, unless the amount which he has been ordered to pay, together with \r\nthe interest thereon and the cost (if any) to which he is liable, be sooner paid. \r\n39. 1[*  * * * * * *] \r\n \r\n \r\n1Omitted and Subs. by Act XIV of 1994, s.11 \r\n2Subs. by the Code of Civil Procedure (Amdt.) Act, 1936 (21 of 1936), s.3, for “may”. \r\n3Proviso ins. ibid. \r\n   \r\n \r\nPage 112 of 318 \r\n \r\n1[40.   Proceedings   on   appearance   of   judgment­debtor   in   obedience   to   notice   or \r\nafter arrest.__ (1) When a judgment­debtor appears before the Court in obedience to a notice issued \r\nunder rule 37, or is brought before the Court after being arrested in execution of a decree for the \r\npayment of money, the Court shall proceed to hear the decree­holder and take all such evidence  as  \r\nmay  be  produced by him in support of his application for exe cution, and shall then give the \r\njudgment­debtor an opportunity of showing cause why he should not be 2[detained in] prison. \r\n(2) Pending the conclusion of the inquiry under sub­rule (1) the Court may, in its discretion, \r\norder the judgment­debtor to be detained in the custody of an officer of the Court or release him on his \r\nfurnishing security to the satisfaction of the Court for his appearance when required. \r\n(3) Upon the conclusion of the inquiry under sub­rule (1) the Court may, subject to the \r\nprovisions   of section 51 and to the other provisions of this Code, make an order for the detention of \r\nthe judgment­debtor in 2[* *] prison and shall in that event cause him to be arrested if he is not already \r\nunder arrest: \r\nProvided that in order to give the judgment­debtor an opportunity of satisfying the decree, the \r\nCourt may, before making the order of detention, leave the judgment­debtor in the custody of an officer \r\nof the Court for a specified period not exceeding fifteen days or release him on his furnishing security \r\nto the satisfaction of the Court for his appearance at the expiration of the specified period if the decree \r\nbe not sooner satisfied. \r\n(4) A judgment­debtor released under this rule may be re­arrested. \r\n(5) When the Court does not make an order of detention under sub­rule (3), it shall disallow \r\nthe application and, if the judgment­debtor is under arrest, direct his release.] \r\nAttachment of Property \r\n41. Examination of judgment­debtor as to his property. Where a decree is for the payment \r\nof money the decree­holder may apply to the Court for an order that__ \r\n(a) the judgment­debtor, or \r\n(b) in the case of a corporation, any officer thereof, or \r\n(c) any other person, \r\nbe orally examined as to whether any or what debts are owing to the judgment­debtor and whether the \r\njudgment­debtor has any and what other property or means of satisfying the decree ; and the Court \r\nmay make an order for the attendance and examination of such judgment­debtor, or officer or other \r\nperson, and for the production of any books or documents. \r\n42. Attachment in case of decree for rent or mesne profits or other matter, amount of \r\nwhich to be subsequently determined. Where a decree directs an inquiry as to rent or mesne profits \r\nor any other matter, the property of the judgment­debtor may,  before the amount due from him has \r\nbeen ascertained, be attached, as in the case of an ordinary decree for the payment of money. \r\n \r\n1Subs. by the Code of Civil Procedure (Amdt.) Act, 1936 (21 of 1936), s.4, for the original rule 40. \r\n2Subs. and Omitted by Act XIV of 1994, s.11 \r\n  \r\n   \r\n \r\nPage 113 of 318 \r\n \r\n43. Attachment of moveable property other than agricultural produce, in possession of \r\njudgment­debtor. Where the property to be attached is movable property, other than agricultural \r\nproduce, in the possession of the judgment­debtor, the attachment shall be made by actual seizure, and \r\nthe attaching officer shall keep the property in his own custody or in the custody of one of his \r\nsubordinates, and shall be responsible for the due custody thereof: \r\nProvided that, when the property seize d is subject to speedy and natural decay, or when the \r\nexpense of keeping it in custody is likely to exceed its value, the attaching officer may sell it at once. \r\n44. Attachment of agricultural produce.  Where the property to be attached is agricultural \r\nproduce, the attachment shall be made by affixing a copy of the warrant of attachment,__ \r\n(a) where such produce is a growing crop, on the land on which such crop has \r\ngrown, or \r\n(b) where such produce has been cut or gathered, on the threshing­floor or place for \r\ntreading out grain or the like or fodder­stack on or in which it is deposited, \r\nand another copy on the outer door or on some other conspicuous part of the house in which the \r\njudgment­debtor ordinarily resides or, with the leave of the Court, on the outer door or on some other \r\nconspicuous part of the house in which he carries on business or personally works for gain or in which   \r\nhe is known to have last resided or carried on business or personally worked for gain ; and the produce \r\nshall thereupon be deemed to have passed into the possession of the Court. \r\n45. Provisions as to agricultural produce under attachment.__ (1) Where agricultural \r\nproduce is attached, the Court shall make such arrangements for the custody  thereof  as it  may  deem \r\nsufficient and, for the purpose of enabling the Court to make such arrangements, every application for \r\nthe attachment of a growing crop shall specify the time at which it is likely to be fit to be cut or \r\ngathered. \r\n(2) Subject to such conditions as may be imposed by the Court in this behalf either in the order \r\nof attachment or in any subsequent order, the judgment­debtor may tend, cut, gather  and  store  the  \r\nproduce and to any other act necessary for maturing or preserving it; and if the judgment­debtor fails \r\nto do all or any of such acts, the decree­holder may, with the permission of the  Court  and subject  to \r\nthe  like conditions, do all or any of them either by himself or by any person  appointed  by  him in  \r\nthis behalf, and the costs incurred by the decree­holder shall be recoverable from the judgment­debtor \r\nas if they were included in, or formed part of, the decree. \r\n(3) Agricultural produce attached as a growing crop shall not be deemed to have ceased to be \r\nunder attachment or to require re­attachment merely because it has been severed from the soil. \r\n(4) Where an order for the attachment of a growing crop has been made at a considerable time \r\nbefore the crop is likely to be fit to be cut or gathered, the Court may suspend the execution of the \r\norder for such time as it thi nks fit, and may, in its discretion make a further order prohibiting the \r\nremoval of the crop pending the execution of the order of attachment. \r\n(5) A growing crop which from its nature does not admit of being stored shall not be attached \r\nunder this rule at any time less than twenty days before the time at which it is likely to be fit to be cut \r\nor gathered. \r\n  \r\n   \r\n \r\nPage 114 of 318 \r\n \r\n46. Attachment of debt, share and other property not in possession of judgment debtor.__ \r\n(1) In the case of__ \r\n(a) a debt not secured by a negotiable instrument, \r\n(b) a share in the capital of a corporation, \r\n(c) other moveable property not in the possession of the judgment­debtor, except \r\nproperty deposited in, or in the custody of, any Court, \r\nthe attachment shall be made by a written order prohibiting,__ \r\n(i) in the case of the debt, the creditor from recovering the debt and the debtor from \r\nmaking payment thereof until the further order of the Court; \r\n(ii) in the case of the share, the person in whose name the share may be standing \r\nfrom transferring the same or receiving any dividend thereon; \r\n(iii) in the case of the other moveable property except as aforesaid, the person in \r\npossession of the same from giving it over to the judgment­debtor. \r\n(2) A copy of such order shall be affixed on some conspicuous part of  the court­house and \r\nanother copy shall be sent in the case of the debt, to the debtor, in the case of the share, to the proper \r\nofficer of the corporation, and, in the case of the other movable property (except as aforesaid), to the \r\nperson in possession of the same. \r\n(3) A debtor prohibited under clause (i) of sub­rule (1) may pay the amount of his debt into \r\nCourt, and such payment shall discharge him as effectually as payment to the party entitled to receive \r\nthe same. \r\n47. Attachment of share in moveables. Where the property to be attached consists of the share \r\nor interest of the judgment­debtor in moveable property belonging to him and another as co­owners, \r\nthe attachment shall be made by a notice to the judgment­debtor prohibiting him from transferring the \r\nshare or interest or charging it in any way. \r\n48. Attachment of salary or allowances of public officer or servant of railway company \r\nor local authority.__ (1) Where the property to be attached is the salary or allowance of a 1[servant of \r\nthe State] or of a servant of a company or local authority, the Court, whether the judgment­debtor or \r\nthe disbursing officer is or is not within the local limits of the Court's jurisdiction,  may  order  that  \r\nthe amount shall, subject to the provisions of section 60, be w ithheld from such salary or allowances \r\neither  in one payment or by monthly instalments as the Court may direct;  and, upon notice of the \r\norder to such officer as  2[the appropriate Government may by notification in the official Gazette] \r\nappoint 3[in this behalf,__ \r\n(a) where such salary or allowances are to be disbursed within the local limits to \r\nwhich this Code for the time being extends, the officer or other person whose \r\nduty it is to disburse the same shall withhold and remit to the Court the amount \r\ndue under the order, or the monthly installments, as the case may be; \r\n \r\n1The original words “public officer” were first subs. by the Code of Civil Procedure (Amdt.) Act, 1943, (5 of 1943) s.3, and then amended by A.O. , 1961, \r\nArt. 2 and Sch. (with effect from the 23rd March, 1956), to read as above. \r\n2Subs. by the Repealing and Amending Act, 1942 (25 of 1942), s. 3 and Second Sch., for “the Central Governemnt or the Provincial Governemnt may by \r\nnotification in their official Gazette” which had been subs., by A.O., 1937, for “the Govt. may by notification in the Gazette of India or in the local official \r\nGazette, as the case may be.” \r\n3Subs. by the Code of Civil Procedure (Amdt.) Act, 1939 (26 of 1939), s.2, for certain words. \r\n   \r\n \r\nPage 115 of 318 \r\n \r\n(b) where such salary or allowances are to be disbursed beyond the said limits, the \r\nofficer or other person within those limits whose duty it  is to instruct the \r\ndisbursing  authority  regarding the amount of the salary or allowances to be  \r\ndisbursed shall remit  to the  Court  the amount due un der the order, or the \r\nmonthly installments, as the case may be, and shall direct the disbursing \r\nauthority to reduce the aggregate of the amounts from time to time be disbursed \r\nby the aggregate of the amounts from time to time remitted to the Court.] \r\n(2) Where the attachable proportion of such salary or allowances is already being withheld and \r\nremitted to a Court in pursuance of a previous and unsatisfied order of attachment, the officer appointed \r\nby 1[the appropriate Government] in this behalf shall forthwith return the subsequent order to the Court \r\nissuing it with a full statement of all the particulars of the existing attachment. \r\n(3) Every order made under this rule, unless it is returned in accordance with the provisions of \r\nsub­ rule (2), shall, without f urther notice or other process, bind 2[the appropriate  Government]  or  \r\nthe railway company or local authority, as the case may be, while the judgment debtor is within the \r\nlocal limits to which this Code for the time being extends and while he is beyond those limits if  he  is  \r\nin receipt of any salary or allowances payable out of 3[the revenues of the 4[Federal Government] or a \r\nProvincial Government] or the funds of a railway company carrying on business in any part of \r\n5[Pakistan] or local authority in 5[Pakistan]; and 2[the appropriate Government] or  the  railway  \r\ncompany or local authority, as the case may be, shall be liable for any sum paid in contravention of \r\nthis rule. \r\n6[Explanation.__ In this rule “appropriate Government” means__ \r\n(i)  as respects any 7[person] in the service of the 4[Federal Government], or any \r\nservant 8* * *   of a   cantonment   authority   or   of   the   port   authority   of   \r\na   major   port, the 4[Federal Government] ; \r\n9[* * * * * * *] \r\n(iii)  as respects any other 10[Servant of the State] or a servant of any 11[*]railway or \r\nlocal authority, the Provincial Government.] \r\n49. Attachment of partnership property. __ (1) Save as otherwise provided by this rule, \r\nproperty belonging to a partnership shall not be attached or sold in execution of a decree other than a \r\ndecree  passed against the firm or against the partners in the firm as such. \r\n \r\n1Subs. by Act 25 of 1942, for “the Central or the Provincial Govt., as the case maybe” which were subs. by A.O., 1937, for “the Gvot.”. \r\n2Subs. by the Repealing and Amending Act, 1942 (25 of 1942), for “the Central Government or the Provincial Government” which w as subs. by A.O., \r\n1937, for “the Government”.  \r\n3Subs. by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March 1956) for “His Majesty’s [Pakistan Revenues]”. The words in crotchets were subs. \r\nby A.O., 1949, for “Indian revenues”. \r\n4Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\n5Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for \"the Provinces \r\nand the Capital of the Federataion\" which had been subs. by A.O., 1949, for “British India”. \r\n6Explanation added by Act 25 of 1942, s.3 and Second Sch. \r\n7Subs. by the Code of Civil Procedure (Amdt.) Act, 1943 (5 of 1943) s.3, for “public officer”. \r\n8The words “of a* Railway or” omitted by A.O., 1964, Art. 2 and Sch. The asterisk denotes the omission of “Federal” by A.O., 1 961, Art. 2 and Sch. \r\n(with effect from the 23rd March, 1956). \r\n9Cl. (ii) omitted by A.O., 1949. \r\n10The original words “public officer” were first subs. by Act 5 of 1943, s.3 and then amended by A.O., 1961, Art. 2 and Sch. ( with effect from the 23rd \r\nMarch, 1956), to read as above. \r\n11The word “other” omitted by A.O., 1964, Art. 2 and Sch. \r\n  \r\n   \r\n \r\nPage 116 of 318 \r\n \r\n(2) The Court may, on the application of the holder of a decree against a partner make an order \r\ncharging the interest of such partner in the partnership property and profits  with  payment  of  the  \r\namount due under the decree, and may, by the same or a subsequent order, appoint  a  receiver of the \r\nshare of such partner in  the  profits (whether already declared or accruing) and of any other money  \r\nwhich may be coming to him in respect of the  partnership, and direct  accounts and inquiries and make  \r\nan order for the sale  of such interest or other orders as might  have been directed or made if  a charge   \r\nhad been made in favour of the decree­holder by such partner, or as the circumstances of the case may \r\nrequire. \r\n(3) The other partner or partners shall be at liberty at any time to redeem the interest charged, \r\nor, in the case of a sale being directed, to purchase the same. \r\n(4) Every application for an order under sub­rule (2) shall be served on the judgment­debtor \r\nand on his partners or such of them as are within1[Pakistan]. \r\n(5) Every application made by any partner of the judgment­debtor under sub­rule (3) shall be \r\nserved on the decree­holder and on the judgment­debtor, and on such of the other partners as do not \r\njoin in the application and as are within 1[Pakistan]. \r\n(6) Service under sub­rule (4) or sub­rule (5) shall be deemed to be service on all the partners, \r\nand all orders made on such applications shall be similarly served. \r\n50. Execution of decree against firm. __ (1) Where a decree has been passed against a firm,  \r\nexecution may be granted__  \r\n(a) against any property of the partnership; \r\n(b) against any person who has appeared in his own name under rule 6 or rule 7 of \r\nOrder XXX or who has admitted on the pleadings th at he is, or who has been \r\nadjudged to be, a partner ; \r\n(c) against any person who has been individually served as a partner with a \r\nsummons and has failed to appear: \r\nProvided that nothing in this sub­rule shall be deemed to limit or otherwise affect the provisions \r\nof section 247 of the Contract Act, 1872 (IX of 1872). \r\n(2) Where the decree­holder claims to be entitled to cause the decree to be executed against \r\nany person other  than such a person as is referred to in sub­rule (1), clauses (b) and (c), as being a \r\npartner in the firm, he may apply to the Court which passed the decree for leave, and where the liability \r\nis not disputed, such Court may grant such leave, or, where suc h liability is disputed, may order that \r\nthe liability of such person be  tried and determined in  any manner in  which  any issue in a suit may \r\nbe tried and determined. \r\n(3) Where the liability of any person has been tried and determined under sub­rule (2), the order \r\nmade thereon shall have the same force and be subject to the same conditions as to appeal or otherwise \r\nas if it were a decree. \r\n \r\n1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. ( with effect from the 14 October, 1955), for “the Province \r\nand the Capital of the Federation” which had been subs. by A.O, 1949, for “British India”. \r\n  \r\n   \r\n \r\nPage 117 of 318 \r\n \r\n(4) Save as against any property of the partnerships, a decree against a firm shall not release, \r\nrender liable or otherwise affect  any partner therein unless he has been served with a summons to \r\nappear and answer. \r\n51. Attachment of negotiable instruments. Where the property is a negotiable instrument not \r\ndeposited in a Court, nor in the custody of a public officer, the attachment sha ll be made by actual \r\nseizure, and the instrument shall be brought into Court and held subject to further orders of the Court. \r\n52. Attachment of property in custody of Court or public officer. Where the property to be \r\nattached is in the custody of any Court  or public officer, the attachment shall be made by a notice to \r\nsuch Court or officer, requesting that such property, and any interest or dividend becoming payable \r\nthereon, may be held subject to the further orders of the Court from which the notice is issued: \r\nProvided that, where such property is in the custody of a Court, any question of title or priority \r\narising between the decree­holder, and any other person, not being the judgment­debtor; claiming to \r\nbe interested in such property by virtue of any assi gnment, attachment or otherwise, shall be \r\ndetermined by such Court. \r\n53. Attachment of decrees.__ (1) Where the property to be attached is a decree, either for the  \r\npayment of money or for sale in enforcement of a mortgage or charge, the attachment shall be made,__ \r\n(a) if the decrees were passed by the same Court, then by order of such Court, and \r\n(b) if the decree sought to be attached was passed by another Court, then by the \r\nissue to such other Court of a notice by the Court which passed the decree sought \r\nto be executed, requesting such other Court to stay the execution of its decree \r\nunless and until__ \r\n(i) the Court which passed the decree sought to be executed cancels the \r\nnotice, or \r\n(ii) the holder of the decree sought to be executed or his judgment­debtor \r\napplies to the Court receiving such notice to execute its own decree. \r\n(2) Where a Court makes an order under clause (a) of sub­rule (1), or receives an application \r\nunder sub­head (ii) of clause (b) of the said sub­rule, it shall, on the application of the creditor who has \r\nattached the decree or his judgment­debtor, proceed to execute the attached decree and apply the net \r\nproceeds in satisfaction of the decree sought to be executed. \r\n(3) The holder of a decree sought to be executed by the attachment of another  decree of the \r\nnature specified in sub­rule (1) shall be deemed to be the representative of the holder of the attached \r\ndecree and to be entitled to execute such attached decree in any manner lawful for the holder thereof. \r\n(4) Where the property to be attac hed in  the execution of a decree is a decree other than a \r\ndecree of the nature referred to in sub­rule (1), the attachment shall be made, by a notice by the Court \r\nwhich passed the decree sought to be executed, to the holder of the decree sought to be atta ched, \r\nprohibiting  him from transferring or charging the same in any way; and, where such decree has been \r\npassed by any other Court, also by sending to such other Court a notice to abstain from executing the \r\ndecree sought to be attached until such notice is cancelled by the Court from which it was sent. \r\n(5) The holder of a decree attached under this rule shall give the Court executing the decree \r\nsuch information and aid as may reasonably be required. \r\n   \r\n \r\nPage 118 of 318 \r\n \r\n(6) On the application of the holder of a decree sought t o be executed by the attachment of \r\nanother decree, the Court making an order of attachment under this rule shall give notice of such order \r\nto the judgment­debtor bound by the decree attached; and no payment or adjustment of the attached \r\ndecree made by the judgment­debtor in contravention of such order after receipt of notice  thereof,  \r\neither through the Court or otherwise, shall be recognized by any Court so long as the attachment \r\nremains in force. \r\n54. Attachment of immoveable  property.__ (1) Where the property is  immoveable, the  \r\nattachment shall be made by an order prohibiting the judgment­debtor from transferring or charging \r\nthe property in any way, and all persons from taking any benefit from such transfer or charge. \r\n(2) The order shall be proclaimed at some place on or adjacent to such property by beat of drum \r\nor other customary mode, and a copy of the order shall be affixed on a conspicuous part of the property \r\nand then upon a conspicuous part of the court­house, and also, where the property is land  paying \r\nrevenue to the Government, in the office of the Collector of the district in which the land is situate. \r\n55. Removal of attachment after satisfaction of decree. Where__ \r\n(a) the amount decreed with costs and all charges and expenses resulting from the \r\nattachment of any property are paid into Court, or \r\n(b) satisfaction of the decree is otherwise made through the Court or certified to the \r\nCourt, or \r\n(c) the decree is set aside or reversed, \r\nthe attachment shall be deemed to be withdrawn, and, in the cas e of immovable property, the \r\nwithdrawal shall, if the judgment­debtor so desires, be proclaimed at his expense, and a copy of the \r\nproclamation shall be affixed in the manner prescribed by the last preceding rule. \r\n56. Order for payment of coin or currency notes to party entitled under decree. Where the \r\nproperty attached is current coin or currency notes, the court may, at any time during the continuance \r\nof the attachment, direct that such coin or notes, or a part thereof sufficient to satisfy the decree, be \r\npaid over to the party entitled under the decree to receive the same. \r\n57. Determination of attachment.  Where any property has been attached in execution of a \r\ndecree but by reason of the decree­holder ’s default the Court is unable to proceed further with the \r\napplication   for execution, it shall either dismiss the application or for any sufficient reason adjourn \r\nthe proceedings to a future date. Upon the dismissal of such application the attachment shall cease. \r\nInvestigation of Claims and Objections \r\n58. Investigation of claims to, and objections to attachment of, attached property.__ (1) \r\nWhere any claim is preferred to, or any objection is made to the attachment of, any property attached \r\nin execution of a decree on the ground that such property is not liabl e to such attachment, the Court \r\nshall proceed to investigate the claim or objection with the like power as regards the examination of \r\nthe claimant or objector, and in all other respects, as if he was a party to the suit: \r\n  \r\n   \r\n \r\nPage 119 of 318 \r\n \r\n1[Provided that no such investigation shall be made where it appears to the Court that the claim \r\nor objection (whether made before or after the sale) has been designedly or unnecessarily delayed, or \r\nwas not made within a reasonable time or within one year of the date of the first attachment of the said \r\nproperty in the execution of the said decree, whichever is earlier, unless the claimant or objector__ \r\n(a) proves title acquired in good faith and for consideration subsequent to the date \r\nof the first attachment ; \r\n(b) Proves that his predecessors­in­interest, whether their interest existed at the time \r\nof such attachment or was acquired thereafter, fraudulently omitted to make a \r\nclaim or objection ; and \r\n(c) impleads all such predecessors­in­interest, as parties.]. \r\n(2) Postponement of sale. Where the property to which the claim or objection applies has been \r\nadvertised for sale, the Court ordering the sale may postpone it pending the investigation of the claim    \r\nor objection. \r\n2[59. Evidence to be adduced by claimant.  The claimant or obj ector must adduce evidence \r\nto show that at the date of the attachment he had a title to, or right or interest in, the property attached. \r\n60. Release of property from attachment.  Where upon the said investigation the Court is \r\nsatisfied that the claimant or objector had a title to, or right or interest in, the said property and the said \r\nproperty was not, by reason of such title, right or interest, wholly or partly liable to attachment, the \r\nCourt shall make an order releasing the property, wholly, or, as the case may be, to such extent as it is \r\nnot so liable, from attachment. \r\n61. Continuance of attachment subject to claim of encumbrancer.  Where the Court is \r\nsatisfied that the property is subject to mortgage or charge in favour of some person, and thinks fit to \r\ncontinue the attachment, it may do so subject to such mortgage or charge. \r\n62. Questions relating to rights, etc., of claimant in attached property to be decided by \r\nCourt. All questions relating to the right, title or interest of the claimant or objector in  the attached \r\nproperty shall be adjudicated upon and determined by the Court and no separate suit shall lie to \r\nestablish such title, right or interest.]. \r\n63. [Saving of suits to establish right to attached property .] Omitted by the Law Reforms \r\nOrdinance, 1972 (XII of 1972), s.2 and Sch]. \r\nSale Generally \r\n64. Power to order property attached to be sold and proceeds to be paid to person entitled.  \r\nAny Court executing a decree may order that any property attached by it and liable to sale, or such \r\nportion thereof as may seem necessary to satisfy the decree, shall be sold, and that the proceeds of such \r\nsale, or a sufficient portion thereof, shall be paid to the party entitled under the decree to receive the \r\nsame. \r\n65. Sales by whom conducted and how made.  Save as o therwise prescribed, every sale in \r\nexecution of a decree shall be conducted by an officer of the Court or by such other person as the Court \r\nmay appoint in this behalf, and shall be made by public auction in manner prescribed. \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for the original proviso. \r\n2Subs. ibid. for the original rules 59­62. \r\n   \r\n \r\nPage 120 of 318 \r\n \r\n66. Proclamation of sales by public auction. __ (1) Where any property is ordered to be sold \r\nby public auction in execution of a decree, the Court shall cause a proclamation of the intended sale to \r\nbe made in the language of such Court. \r\n(2) Such proclamation shall be drawn up after notice to the decree­holder and the \r\njudgment­debtor and shall state the time and place of sale, and specify as fairly an d accurately as \r\npossible__ \r\n(a) the property to be sold ; \r\n(b) the revenue assessed upon the estate or part of the estate, where the property to \r\nbe sold is an interest in an estate or in part of an estate paying revenue to the \r\nGovernment; \r\n(c) any incumbrance to which the property is liable; \r\n(d) the amount for the recovery of which the sale is ordered; and \r\n(e) every other thing which the Court considers material for a purchaser to know in \r\norder to judge of the nature and value of the property. \r\n(3) Every application for an order for sale under this rule shall be accompanied by a statement \r\nsigned and verified in the manner hereinbefore prescribed for the signing and verification of pleadings \r\nand containing, so far as they are known to or can be ascertained by the person making the verification, \r\nthe matters required by sub­rule (2) to be specified in the proclamation. \r\n(4) For the purpose of ascertaining the matters to be specified in the proclamation, the Court \r\nmay summon any person whom it thinks necessary to summon and may examine him in respect to any \r\nsuch matters and require him to produce any document in his possession or power relating thereto. \r\n67. Mode of making proclamation.__ (1) Every proclamation shall be made and published, as \r\nnearly as may be, in the manner prescribed by rule 54, sub­rule (2). \r\n(2) Where the Court so directs, such proclamation shall also be published in the 1[official \r\nGazette] or in a local newspaper, or in both, and the costs of such publication shall be deemed to be \r\ncosts of the sale. \r\n(3) Where property is divided into lots for the purpose of being sold separately, it shall not be \r\nnecessary to make a separate proclamation for each lot unless proper notice of the sale cannot, in the \r\nopinion of the Court, otherwise be given. \r\n68. Time of sale. Save in the case of property of the kind described in the proviso to rule 43, \r\nno sale hereunder shall, without the consent in writing of the judgment­debtor, take place until after \r\nthe expiration of at least thirty days in the case of immoveable property, and of at least fifteen days in \r\nthe case of moveable property, calculated from the date on which the copy of the proclamation has \r\nbeen affixed on the court­house of the Judge ordering the sale. \r\n69. Adjournment or stoppage of sale.__ (1) The Court may, in its discretion, adjourn any sale \r\nhereunder to a specified day and hour, and the officer conducting any such sale may in his discretion \r\nadjourn the sale, recording his reasons for such adjournment: \r\n1Subs. by A.O., 1937, for “local official Gazette”. \r\n \r\n   \r\n \r\nPage 121 of 318 \r\n \r\nProvided that, where the sale is made in, or within the precincts of, the court­house, no such \r\nadjournment shall be made without the leave of the Court. \r\n(2) Where a sale is adjourned under sub­rule  (1) for a longer period than seven days, a fresh \r\nproclamation under rule 67 shall be made, unless the judgment­debtor consents to waive it. \r\n(3) Every sale shall be stopped if, before the lot is knocked down, the debt and costs (including \r\nthe costs of the sale) are tendered to the officer conducting the sale, or proof is given to his satisfaction \r\nthat the amount of such debt and costs has been paid into the Court which ordered the sale. \r\n70. Saving of certain sales. Nothing in rules 66 to 69 shall be deemed to apply to any case in \r\nwhich the execution of a decree has been transferred to the Collector. \r\n71. Defaulting purchaser answerable for loss on re­sale. Any deficiency of price which may \r\nhappen on a re­sale by reason of the purchaser’s default, and all expenses attending such re­sale, shall \r\nbe certified to the Court or to the Collector or subordinate of the Collector, as the case may be, by the \r\nofficer or other person holding the sale, and shall, at the instance of either the decree holder or the \r\njudgment­debtor, be recoverable from the defaulting purchaser under th e provisions relating to the \r\nexecution of a decree for the payment of money. \r\n72. Decree holder not to bid for or buy property without permission. __ (1) No holder of a \r\ndecree in execution of which property is sold shall, without the express permission of th e  Court, bid \r\nfor  or purchase the property. \r\n(2) Where decree­holder purchases, amount of decree may be taken as payment. Where a \r\ndecree­holder purchases with such permission, the purchase­money and the amount due on the decree \r\nmay, subject to the provisions of section 73, be set­off against one another, and the Court executing \r\nthe decree shall enter up satisfaction of the decree in whole or in part accordingly. \r\n(3) Where a decree­holder purchases, by himself or through another person, without such \r\npermission, the Court may, if it thinks fit, on the application of the judgment­debtor or any other person \r\nwhose interests are affected by the sale, by order, set aside the sale;  and the costs of such application \r\nand order, and any deficiency of price which may happen on the re­sale and all expenses attending it, \r\nshall be paid by the decree­holder. \r\n73. Restriction on bidding or purchase by officers.   No officer or other person having any \r\nduty   to perform in connection with any sale shall, either directly or indirectly bid for, acquire or \r\nattempt to acquire any interest in the property sold. \r\nSale of Moveable Property \r\n74. Sale of agricultural produce.__ (1) Where the property to be sold is agricultural produce, \r\nthe sale shall be held,__ \r\n(a) if such produce is a growing crop, on or near the land on which such crop has \r\ngrown, or, \r\n(b) if such produce has been cut or gathered, at or near the threshing­floor or place \r\nfor treading out grain or the like or fodder­stack on or in which it is deposited: \r\nProvided that the Court may direct the sale to be held at the nearest place of public resort, if it \r\nis of opinion that the produce is thereby likely to sell to greater advantage. \r\n   \r\n \r\nPage 122 of 318 \r\n \r\n(2) Where, on the produce being put up for sale,__ \r\n(a) a fair price, in the estimation of the person holding the sale, is not offered for it, \r\nand \r\n(b) the owner of the produce or a person authorized to act in his behalf a pplies to \r\nhave the sale postponed till the next day or, if a market is held at the place of \r\nsale, the next market­day, \r\nthe sale shall be postponed accordingly and shall be then completed, whatever price may  be offered \r\nfor the produce. \r\n75. Special provision s relating to growing crops.  (1) Where the property to be sold is a  \r\ngrowing crop and the crop from its nature admits of being stored but has not yet been stored, the day \r\nof the sale shall be so fixed as to admit of its being made ready for storing before t he arrival of such \r\nday, and the sale shall not be held until the crop has been cut or gathered and is ready for storing. \r\n(2) Where the crop from its nature does not admit of being stored, it may be sold before it is \r\ncut and gathered, and the purchaser shall be entitled to enter on the land, and to do all that is necessary \r\nfor the purpose of tending and cutting an or gathering it. \r\n76. Negotiable instruments and shares in corporations.  Where the property to be sold is a \r\nnegotiable instrument or a share in a c orporation, the Court may, instead of directing the sale to be \r\nmade by public auction, authorize the sale of such instrument or share through a broker. \r\n77. Sale by public auction.__ (1) Where moveable property is sold by public auction the price \r\nof each lot shall be paid at the time of sale or as soon after as the officer or other person holding the \r\nsale directs, and in default of payment the property shall forthwith be re­sold. \r\n(2) On payment of the purchase­money, the officer or other person holding the sale shall grant \r\na receipt for the same, and the sale shall become absolute. \r\n(3) Where the moveable property to be sold is a share in  goods belonging to the \r\njudgment­debtor and a co­owner, and two or more persons, of whom one is such co­owner, \r\nrespectively bid the same sum for such property or for any lot, the bidding shall be deemed to be the \r\nbidding of the co­owner. \r\n78. Irregularity not to vitiate sale, but any person injured may sue . No irregularity in \r\npublishing or conducting the sale of moveable property shall vitiate the sale; but any person sustaining \r\nany injury by reason of such irregularity at the hand of any other person may institute a suit against \r\nhim for compensation or (if such other person is the purchaser) for the recovery of the specific property \r\nand for compensation in default of such recovery. \r\n79. Delivery of moveable property, debts and shares. __ (1) Where the property sold is \r\nmoveable property of which actual seizure has been made, it shall be delivered to the purchaser. \r\n(2) Where the property sold is moveable property in the possession of some person other than \r\nthe judgment­debtor, the delivery thereof to the purchaser shall be made by giving notice to the person \r\nin possession prohibiting him from delivering possession of the property to any person except the \r\npurchaser. \r\n(3) Where the property sold is a debt not secured by a negotiable instrument, or is a share in a \r\ncorporation, the delivery thereof shall be made by a written order of the Court prohibiting the creditor \r\n   \r\n \r\nPage 123 of 318 \r\n \r\nfrom receiving the debt or any interest thereon, and the debtor from making payment thereof to any \r\nperson except the purchaser, or prohibiting the person in whose name the share may be standing from \r\nmaking any transfer of the share to any person except the purchaser, or rec eiving payment of any \r\ndividend or interest thereon, and the manager, secretary or other proper officer of the corporation from \r\npermitting any such transfer or making any such payment to any person except the purchaser. \r\n80. Transfer  of negotiable  instruments and shares. __ (1) Where  the  execution of a  \r\ndocument or the endorsement of the party in whose name a negotiable instrument or a share in a \r\ncorporation is standing is required to transfer such negotiable instrument or share, the Judge or such \r\nofficer as he may appoint in this behalf may execute such document or make such endorsement as may \r\nbe necessary, and such execution or endorsement shall have the same effect as an execution or \r\nendorsement by the party. \r\n(2) Such execution or endorsement may be in the following form, namely:__ \r\nA.B by C.D., Judge of the Court of (or as the case may be), in a suit by E.F against A.B. \r\n(3) Until the transfer of such negotiable instrument or share, the Court may, by order, appoint \r\nsome person to receive any interest or divided due thereon and to sign a receipt for the same; and any \r\nreceipt so signed shall be as valid and effectual for all purposes as if the same had been signed by the \r\nparty himself. \r\n80. Vesting order in case of other property.  In case of any moveab le property not \r\nhereinbefore provided for, the Court may make an order vesting such property in the purchaser or as \r\nhe may direct; and such property shall vest accordingly. \r\nSales of immovable property \r\n82. What Courts may order sales. Sales of immovable property in execution of decrees may \r\nbe ordered by any Court other than a Court of Small Causes. \r\n83. Postponement of sale to enable judgment debtor to raise amount of decree.__ (1) Where \r\nan order for the sale of immoveable property has been made, if the judgment­debtor can satisfy the  \r\nCourt that there is reason to believe that the amount of the decree may be raised by the mortgage or \r\nlease or private sale of such property, or some part thereof, or of any other immoveable property of the \r\njudgement­debtor, the Court may, on his application, postpone the sale of the property comprised in \r\nthe order for sale on such terms and for such period as it thinks proper, to enable him to raise the \r\namount. \r\n(2) In such case the Court shall grant a certificate to the judgment­debtor authorizing him within \r\na period to be mentioned therein, and notwithstanding anything contained in section 64, to make the \r\nproposed mortgage, lease or sale: \r\nProvided that all monies payable under such mortgage, lease or sale s hall be paid, not to the \r\njudgment­debtor, but, save in so far as a decree­holder is entitled to set off such money under the \r\nprovisions of rule 72, into Court: \r\nProvided also that no mortgage, leases or sale under this rule shall become absolute until it has \r\nbeen confirmed by the Court. \r\n(3) Nothing in this rule shall be deemed to apply to a sale of property directed to be sold in \r\nexecution of a decree for sale in enforcement of a mortgage of, or charge on, such property. \r\n   \r\n \r\nPage 124 of 318 \r\n \r\n84. Deposit by purchaser and re­sale on default.__ (1) On every sale of immoveable property \r\nthe person declared to be the purchaser shall pay immediately after such declaration a deposit  of \r\ntwenty­  five per cent on the amount of his purchase­money to the officer or other person conducting \r\nthe  sale,  and in default of such deposit, the property shall forthwith be re­sold. \r\n(2) Where the decree­holder is the purchaser and is entitled to set­off the purchase­money under \r\nrule 72, the Court may dispense with the requirements of this rule. \r\n85. Time for payment in full of purchase money.  The full amount of purchase­money \r\npayable shall be paid by the purchaser into Court before the Court closes on the fifteenth day from the \r\nsale of the property: \r\nProvided that, in calculating the amount to be so paid into Court, the purchaser shall have the \r\nadvantage of any set­off to which he may be entitled under rule 72. \r\n86. Procedure in default of payment.  In default of payment within the period mentioned in \r\nthe last preceding rule, the deposit may, if the Court thinks fit, after defraying the expenses of the sale, \r\nbe forfeited to the Government, and the property shall be re­sold, and the  defaulting purchaser shall \r\nforfeit all claim to the property or to any part of the sum for which it may subsequently be sold. \r\n87. Notification on re­sale.  Every re­sale of immoveable property, in default of payment of \r\nthe purchase­money within the period allowed for such payment, shall be made after the issue of a \r\nfresh proclamation in the manner and for the period hereinbefore prescribed for the sale. \r\n88. Bid of co­sharer to have preference.  Where the property sold is a share of undivided \r\nimmoveable property and two or more persons, of whom one is a co­sharer, respectively bid the  same \r\nsum for such property or for any lot, the bid shall be deemed to be the bid of the co­sharer. \r\n89. Application to set aside sale on deposit.__ (1) Where immoveable property has been sold \r\nin execution of a  decree, any person, either owning such property or holding an interest  therein by \r\nvirtue  of a title acquired before such sale, may apply to have the sale set aside on his depositing in \r\nCourt,__ \r\n(a) for payment to the purchaser, a sum equal to five per cent of the \r\npurchase­money, and \r\n(b) for payment to the decree­holder, the amount specified in the proclamation of \r\nsale as that for the recovery of which the sale was ordered, less any amount \r\nwhich may, since the date of such proclamation of sale, have been received by \r\nthe decree­holder. \r\n(2) Where a person applies under rule 90 to set aside the sale  of his immoveable property, he \r\nshall not, unless he withdraws his application, be entitled to make or prosecute an application under \r\nthis rule. \r\n(3) Nothing in this rule shall relieve the judgement­debtor from any liability he may be under \r\nin respect of costs and interest not covered by the proclamation of sale. \r\n90. Application to set aside sale on ground  of irregularity or fraud.__ (1) Where any  \r\nimmoveable property has been sold in  execution of a  decree, the  decree­holder, or any person entitled  \r\nto share in a rateable distribution of assets, or whose interests are affected by the sale, may apply to  \r\n  \r\n   \r\n \r\nPage 125 of 318 \r\n \r\nthe Court to set aside the sale  on the ground of a material irregularity or fraud in publishing or \r\nconducting it: \r\nProvided that no sale shall be set aside  on the ground of irregularity or fraud unless upon the \r\nfacts proved the Court is satisfied that the applicant has sustained substantial injury by reason of such \r\nirregularity or fraud [:]1 \r\n2[Provided further that no such application shall be entertained un less the applicant deposits \r\nsuch amount, not exceeding twenty per cent of the sum realised at the sale, or furnishes such security, \r\nas the Court may direct.] \r\n91. Application by purchaser to set aside sale on ground of judgment debtor having no  \r\nsaleable interest. The purchaser at any such sale in  execution of a  decree  may apply to the  Court  \r\nto  set aside the sale, on the ground that the judgment­debtor had no saleable interest in the property \r\nsold. \r\n92. Sale when to become absolute or be set aside. __ (1) Where no application is made under \r\nrule 89, rule 90 or rule 91, or where such application is made and disallowed, the Court shall make an \r\norder confirming the sale, and thereupon the sale shall become absolute. \r\n(2) Where such application is made and allowed, and where, in the case of an application under \r\nrule 89, the deposit required by that rule is made within thirty days from the date of sale, the Court \r\nshall make an order setting aside the sale: \r\nProvided that no order shall be made unless notice of t he application has been given to all \r\npersons affected thereby. \r\n(3) No suit to set aside an order made under this rule shall be brought by any person against \r\nwhom such order is made. \r\n93. Return of purchase­money in certain cases. Where a sale of immoveable property is set \r\naside under rule 92, the purchaser shall be entitled to an order for repayment of his purchase­money, \r\nwith or without interest as the Court may direct, against any person to whom it has been paid. \r\n94. Certificate to purchaser. Where a sale of immoveable property has become absolute, the \r\nCourt shall grant a certificate specifying the property sold and the name of the person who at the time    \r\nof sale is declared to be the purchaser. Such certificate shall bear date the day on which the sale became \r\nabsolute. \r\n95. Delivery of property in occupancy of judgment­debtor.  Where  the  immoveable  \r\nproperty sold is in the occupancy of the judgment­debtor or of some person on his behalf or of some \r\nperson claiming under a title created by the judgment debt or subsequently to the attachment of such \r\nproperty and a certificate in respect thereof has been granted under rule 94, the Court shall, on the \r\napplication of the purchaser, order delivery to be made by putting such purchaser or any person whom \r\nhe may appoint to receive delivery on his behalf in possession of the  property, and, if  need be, by \r\nremoving any person  who refuses to vacate the same. \r\n96. Delivery of property in occupancy of tenant. Where the property sold is in the occupancy \r\nof a tenant or other person entitled to occupy the same and a certificate in respect thereof has been  \r\n \r\n1Subs. by the Law Reforms Ordinance 1972 (12 of 1972), s.2 and Sch., for full­stop. \r\n2Proviso added ibid. \r\n   \r\n \r\nPage 126 of 318 \r\n \r\ngranted under rule 94, the Court shall, on the application of the purchaser, order delivery to be made \r\nby affixing a copy of the certificate of sale in some conspicuous place on the property, and \r\nproclaiming to the occupant by beat of drum or other customary mode, at some convenient place, \r\nthat the interest of the judgment­debtor has been transferred to the purchaser. \r\nResistance to Delivery of Possession to Decree­holder Or Purchaser \r\n97. Resistance or obstruction to possession of immoveable property.__ (1) Where the holder \r\nof a decree for the possession of immoveable property or the purchaser of any such property sold in \r\nexecution of a decree is resisted or obstructed by any person in obtaining possession of the property, \r\nhe may make an application to the Court complaining of such resistance or obstruction. \r\n(2) The Court shall fix a day for investigating the matter and shall summon the party against \r\nwhom the application is made to appear and answer the same. \r\n98. Resistance or obstruction by judgment debtor.  Where the Court is satisfied that the  \r\nresistance or obstruction was occasioned without any just cause by the  judgment­debtor or by some  \r\nother person at his instigation, it  shall direct that the applicant be put into possession of the property,    \r\nand where the applicant is still resisted or obstructed in obtaining possession, the Court may also, at \r\nthe instance of the applicant, order the judgment­debtor, or any person acting at his instigation, to  be \r\ndetained in 1[* *] prison for a term which may extend to thirty days. \r\n99. Resistance or obstruction by bona fide claimant.  Where the Court is satisfied that the \r\nresistance or obstruction was occasioned by any person (other than the judgment­debtor) claiming in \r\ngood faith to be in possession of the property on his own account or on account of some person other \r\nthan the judgment­debtor, the Court shall make an order dismissing the application. \r\n100. Dispossession   by   decree­holder or purchaser.__ (1) Where any person other than the \r\njudgment­debtor is dispossessed of immovable property by the holder of a decree for the possession \r\nof such property or, where such property has been sold in execution of a  decree, by the  purchaser \r\nthereof, he may make an application to the Court complaining of such dispossession. \r\n(2) The Court shall fix a day for investigating the matter and shall summon the party against \r\nwhom the application is made to appear and answer the same. \r\n101. Bona fide claimant to be restored to possession. Where the Court is satisfied that the \r\napplicant was in possession of the property on his own account or on account of some person other \r\nthan the judgement­debtor, it shall direct that the applicant be put into possession of the property. \r\n102. Rules not applicable to transferee lite bendente. Nothing in rules 99 and 101 shall apply \r\nto resistance or obstruction in execution of a decree for the possession of immoveable property by a \r\nperson to whom the judgment­debtor has transferred the property after the ins titution of the suit in \r\nwhich the decree was passed or to the dispossession of any such person. \r\n2[103. Certain orders conclusive and suit barred.  All questions arising as to title, right or \r\ninterest in, or possession of immoveable property between an applicant under rule 97 and the opposite \r\nparty, or between an applicant under rule 100 and the opposite party, shall be adjudicated upon and \r\ndetermined by the Court, and no separate suit shall lie for the determination of any such matter.]. \r\n_______ \r\n \r\n1Omitted by Act XIV of 1994, s.11. \r\n2Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. for the original rule 103. \r\n   \r\n \r\nPage 127 of 318 \r\n \r\nORDER XXII \r\nDEATH, MARRIAGE AND INSOLVENCY OF PARTIES \r\n1. No abatement by party ’s death, if right to sue survives.  The death of a plaintiff or \r\ndefendant shall not cause the suit to abate if the right to sue survives. \r\n2. Procedure where one of several plaintiffs or defendants dies and right to sue survives. \r\nWhere there are more plaintiffs or defendants than one, and an y of them dies, and where the right to \r\nsue survives to the surviving plaintiffs or plaintiffs alone, or against the surviving defendant of \r\ndefendants alone, the Court shall cause an entry to that effect to be made on the record, and the suit \r\nshall proceed at the instance of the surviving plaintiff, or plaintiffs, or against the surviving defendant    \r\nor defendants. \r\n3. Procedure in case of death of one of several plaintiffs or of sole plaintiff. __ (1) Where \r\none of two or more plaintiffs dies and the right to sue  does not  survive  to the  surviving plaintiffs \r\nalone  1[, or on receipt of an intimation of the death of such plaintiff from the person nominated by him \r\nfor that purpose under rule 26, Order VII], or a sol e plaintiff or sole surviving plaintiff dies and the \r\nright to sue survives, the Court, on an application made in that behalf, shall cause the legal \r\nrepresentative of the deceased plaintiff to be made a party and shall proceed with the suit. \r\n2[(2) Where within the time allowed by law no application is made or intimation is given under \r\nsub­rule (1), the Court may proceed with the suit, and any order made or judgment pronounced in such \r\nsuit shall, notwithstanding the death of such plaintiff, have the same forc e and effect as if it had been \r\nmade or pronounced before the death took place.] \r\n4. Procedure in case of death of one of several defendants or of sole defendant.__ (1) Where \r\none of two or more defendants dies and the right to sue does not survive  against  the  surviving  \r\ndefendant or defendants alone 1[,or on receipt of an intimation of the death of such defendant from the \r\nperson nominated by him for that purpose under rule 13, Order VIII], or a sole defendant or  sole \r\nsurviving defendant dies and the right to sue survives, the Court ,on an application made in that behalf, \r\nshall cause the legal representative of the deceased defendant  to be  made  a  party and shall proceed  \r\nwith the suit. \r\n(2) Any person so made a party may make any defence appropriate to h is character as legal \r\nrepresentative of the deceased defendant. \r\n2[(3) When within the time limited by law no application is made or intimation is given under \r\nsub­ rule (1), the Court may proceed with the suit, and any order made or judgment pronounced in \r\nsuch suit shall, notwithstanding the death of such defendant, have the same force and effect as if it had \r\nbeen pronounced before the death took place.]. \r\n3[(4) It shall not be necessary to substitute the legal representatives of any such defendant who \r\nhas failed to file a written statement or has failed to appear and contest the suit at the hearing;  and \r\njudgment may in such case be pronounced against the said defendant notwithstanding his death, and \r\nsuch judgment shall have the same force and effect as if ha d been pronounced before his death took \r\nplace.]. \r\n \r\n1Ins. by the Law Reforms Ordinance, 1972 (12 of 1972), s. 2 and Sch. for the original rule 103. \r\n2Sbus. ibid., s.2, for the original sub­rule (3). \r\n3Sub­rule (4) added ibid. \r\n   \r\n \r\nPage 128 of 318 \r\n \r\n5. Determination of question as to  legal representative.  Where a question arises as to \r\nwhether any person is or is not the legal representative of a deceased plaintiff or a deceased defendant, \r\nsuch question shall be determined by the Court. \r\n6. No abatement by reason of death after hearing.  Notwithstanding anything contained in \r\nthe foregoing rules, whether the cause of action survives or not, there shall be no abatement by reason \r\nof the death of either party between the conclusion of the hearing and the pronouncing of the judgment, \r\nbut judgment may in such case be pronounced notwithstanding the death and shall have the same force \r\nand effect as if it had been pronounced before the death took place. \r\n7. Suit not abated by marriage of female party. __ (1) The marriage of a female plaintiff or  \r\ndefendant shall not cause the suit to abate, but the suit may notwithstanding be proceeded with to \r\njudgment, and, where the decree is against a female defendant, it may be executed against her alone. \r\n(2) Where the husband is by law liable for the debts of his wife the decree may, with the \r\npermission of the Court, be executed against the husband also; and, in case of judgment for the wife, \r\nexecution of the decree may, with such permission, be issued upon the application of the husband, \r\nwhere the husband is by law entitled to the subject­matter of the decree. \r\n8. When plaintiff’s insolvency bars suit.__ (1) The insolvency of a plaintiff in any suit which \r\nthe assignee or receiver might maintain for the benefit of his creditors, shall not cause the suit  to abate,  \r\nunless such assignee or receiver declines to continue the suit or (unless for any special reason the Court \r\notherwise directs) to give security for the costs thereof within such time as the Court may direct. \r\n(2) Procedure where assignee fails to continue suit or give security. Where the assignee or \r\nreceiver neglects or refuses to continue the suit and to give such security within the time so ordered, \r\nthe defendant may apply for the dismissal of the suit on the ground of the plaintiff's insolvency, and \r\nthe Court may make an order dismissing the suit and awarding to the defendant the costs which he has \r\nincurred in defending the same to be proved as a debt against the plaintiff's estate. \r\n1[9. Effect of dismissal. __ (1) When a suit is dismissed under rule 8, n o fresh suit shall be \r\nbrought on the same cause of action. \r\n(2) Any person claiming to be the legal representative of a deceased plaintiff or defendant or \r\nthe assignee or the receiver in the case of an insolvent plaintiff may apply to the Court for setting aside \r\nany order made or judgment pronounced by it in his absence; and if  it  is proved that  he  was prevented \r\nby any sufficient cause from continuing the suit  or defending the suit, as the case may be, the Court \r\nshall  set aside the order or the judgment ,upon such terms as to costs or otherwise as it thinks fit.]. \r\n2[(3) The provisions of section 5 of the Limitation Act, 1908, (IX of 1908) shall apply to \r\napplications under sub­rule (2).]. \r\n10. Procedure in case of assignment before final order in suit. __ (1) In other cases of an  \r\nassignment, creation or devolution of any interest during the pendency of a suit, the suit  may,  by leave  \r\nof the Court, be continued by or against the person to or upon whom such interest  has  come  or \r\ndevolved. \r\n \r\n \r\n1Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for the Original rule 9. \r\n2Sub­rule (3) added by the Civil Procedure (Amdt.) Act, 1990 (4 of 1990), s.2. \r\n   \r\n \r\nPage 129 of 318 \r\n \r\n(2) The attachment of a decree pending an appeal therefrom shall be deemed to be an interest \r\nentitling the person who procured such attachment to the benefit of sub­rule (1). \r\n11. Application of Order to appeals. In the application of this Order to appeals, so far as may \r\nbe, the word “Plaintiff” shall be held to include an appellant, the word “defendant” a respondent, and \r\nthe word “suit” an appeal. \r\n12. Application of Order to proceedings.  Nothing in rules 3,  4 and 8 shall apply to \r\nproceedings in execution of a decree or order. \r\n________ \r\nORDER XXIII \r\nWITHDRAWAL AND ADJUSTMENT OF SUITS \r\n1. Withdrawal of suit or abandenment of part of claim.__ (1) At any time after the institution \r\nof a suit the plaintiff may, as against all or any of the defendants, withdraw his suit or abandon part of \r\nhis claim. \r\n(2) Where the Court is satisfied__ \r\n(a) that a suit must fail by reason of some formal defect, or \r\n(b) that there are other sufficient grounds for allowing the plaintiff to institute a \r\nfresh suit for the subject­matter of a suit or part of a claim. \r\nit may, on such terms as it thinks fit, grant the plaintiff permi ssion to withdraw from such suit or \r\nabandon such part of a claim with liberty to institute a fresh suit in respect of the subject­matter of \r\nsuch suit or such part of a claim. \r\n(3) Where the plaintiff withdraws from a suit, or abandons part of a claim, without the \r\npermission referred to in sub­rule (2), he shall be liable for such costs as the Court may award and \r\nshall be precluded from instituting any fresh suit in respect of such subject­matter or such part of the \r\nclaim. \r\n(4) Nothing in this rule shall be deemed to authorise the Court to permit one of several plaintiffs \r\nto withdraw without the consent of the others. \r\n2. Limitation law not affected by first suit. In any fresh suit instituted on permission granted \r\nunder the last preceding rule, the plaintiff shall be bound by the law of limitation in the same manner \r\nas if the first suit had not been instituted. \r\n3. Compromise of suit. Where it is proved to the satisfaction of the Court that a suit has been \r\nadjusted wholly or in part by any lawful agreement or  compromise, or where the defendant satisfies \r\nthe plaintiff in respect of the whole or any part of the subject­matter of the suit, the Court shall order \r\nsuch agreement, compromise or satisfaction to be recorded, and shall pass a decree in accordance \r\ntherewith so far as it relates to the suit. \r\n4. Proceedings in execution of decrees not affected. Nothing in this Order shall apply to any \r\nproceedings in execution of a decree or order. \r\n_______ \r\n   \r\n \r\nPage 130 of 318 \r\n \r\nORDER XXIV  \r\nPAYMENT INTO COURT \r\n1. Deposit by defendant of amount in satisfaction of claim.  The defendant in any suit to \r\nrecover a debt or damages may, at any stage of the suit, deposit in Court such sum of money as he \r\nconsiders a satisfaction in full of the claim. \r\n2. Notice of deposit. Notice of the deposit shall be given through the Court by the defendant \r\nto the plaintiff, and the amount of the deposit shall (unless the Court otherwise directs) be paid to the \r\nplaintiff on his application. \r\n3. Interest on deposit not allowed to plaintiff after notice.  No interest shall be al lowed to \r\nthe plaintiff on any sum deposited by the defendant from the date of the receipt of such notice, whether \r\nthe sum deposited is in full of the claim or falls short thereof. \r\n4. Procedure where plaintiff accepts deposit as satisfaction in part.__ (1) Where the plaintiff \r\naccepts such amount as satisfaction in part only of his claim, he may prosecute his suit for the balance; \r\nand, if the court decides that the deposit by the defendant was a full satisfaction of the plaintiff's claim, \r\nthe plaintiff shall pay the costs of the suit incurred after the deposit and the costs incurred previous \r\nthereto, so far as they were caused by excess in the plaintiff’s claim. \r\n(2) Procedure where he accepts it as satisfaction in full.  Where the plaintiff accepts such \r\namount as satisfaction in full of his claim, he shall present to the Court a statement to that effect, and \r\nsuch statement shall be filed and the Court shall pronounce judgment accordingly; and, in directing by \r\nwhom the costs of each party are to be paid, the Court shall consider which of the parties is most to \r\nblame for the litigation. \r\nIllustrations \r\n(a) A owes B Rs.100. B sues A for the amount, having made no demand for payment and \r\nhaving no reason to believe that the delay  caused by making A demand would place him at a \r\ndisadvantage. On the plaint being filed, A pays the money into Court. B accepts it in full satisfaction \r\nof his claim, but the Court should not allow him any costs, the litigation being presumably groundless \r\non his part. \r\n(b) B sues A under the circumstances mentioned in illustration (a). On the plaint being filed. A \r\ndisputes the claim. Afterwards A pays the money into Court. B accepts it in full satisfaction of his \r\nclaim. The Court should also give B his costs of suit, A’s conduct having shown that the litigation was \r\nnecessary. \r\n(c) A owes B Rs 100, and is willing to pay him that sum without suit. B claims Rs.150 and sues \r\nA for that amount. On the plaint being filed A pays Rs.100 into Court and disputes only his liability to \r\npay the remaining Rs. 50. B accepts the Rs. 100 in full satisfaction of his claim. The Court should \r\norder him to pay A’s costs. \r\n_________ \r\n  \r\n   \r\n \r\nPage 131 of 318 \r\n \r\nORDER XXV \r\nSECURITY FOR COSTS \r\n1. When security for costs may be required from plaintiff. __ (1) Where, at any stage of a \r\nsuit, it appears to the Court that a sole plaintiff is, or (when there are more plaintiffs than one) that all \r\nthe plaintiffs are residing out of 1[Pakistan], and that such plaintiff does not, or that no one of such \r\nplaintiff's does, possess any sufficient immoveable property within 1[Pakistan] other than the property \r\nin suit, the Court may, either of its own motion or on the application of any defendant, order the  \r\nplaintiff  or plaintiffs, within a time  fixed by it, to give  security for the  payment  of all costs incurred \r\nand likely  to  be incurred by any defendant. \r\n(2) Residence out of Pakistan.  Whoever leaves 1[Pakistan] under such circumstances as to \r\nafford reasonable probability that he will not be forthcoming whenever h e may be called upon to pay \r\ncosts shall be deemed to be residing out of 1[Pakistan] within the meaning of sub­rule (1). \r\n(3) On the application of any defendant in a suit for the payment of money, in which the plaintiff \r\nis a woman, the Court may at any stage of the suit make a like order if it is satisfied that such plaintiff \r\ndoes not possess any sufficient immoveable property within 1[Pakistan]. \r\n2. Effect of failure to furnish security.__ (1) In the event of such security not being furnished \r\nwithin the time fixed, the Court shall make an order dismissing the suit unless the plaintiff or plaintiffs \r\nare permitted to withdraw therefrom. \r\n(2) Where a suit is dismissed under this rule, the plaintiff may apply for an order to set the \r\ndismissal aside, and, if it is proved to the satisfaction of the Court that he was prevented by any \r\nsufficient cause from furnishing the security within th e time allowed, the Court shall set aside the \r\ndismissal upon such terms as to security, costs or otherwise as it thinks fit, and shall appoint a day for \r\nproceeding with the suit. \r\n(3) The dismissal shall not be set aside unless notice of such application has been served on the \r\ndefendant. \r\n________ \r\nORDER XXVI \r\nCOMMISSIONS \r\nCommissions to Examine Witnesses \r\n1. Cases in which Court may issue commission to examine witness.  Any court may in any \r\nsuit issue a commission for the examination on interrogatories or otherwise of any person resident \r\nwithin the local limits of its jurisdiction who is exempted under this Code from attending the Court or \r\nwho is from sickness or infirmity unable to attend it. \r\n2. Order for commission.  An order for the issue of a commission for the examination of a \r\nwitness may be made by the Court either of its own motion or on the application, supported by affidavit \r\nor otherwise, of any party to the suit or of the witness to be examined. \r\n1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Provinces \r\nand the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”. \r\n \r\n   \r\n \r\nPage 132 of 318 \r\n \r\n3. Where witness resides within Court’s jurisdiction. A commission for the examination of \r\na person who resides within the local limits of the jurisdiction of the Court issuing the same may be \r\nissued to any person whom the Court thinks fit to execute it. \r\n4. Persons for whose examination commission may issue. __ (1) Any Court may in any suit \r\nissue a commission for the examination of__ \r\n(a) any person resident beyond the local limits of its jurisdiction ; \r\n(b) any person who is about to leave such limits before the date on which he is \r\nrequired to be examined in Court ; and \r\n(c) 1[any person in the service of the 2[State]] who cannot, in the opinion of the \r\nCourt, attend without detriment to the public service. \r\n(2) Such commission may be issued to any Court, not being a High Court, within the local \r\nlimits of whose juri sdiction such person resides, or to any pleader or other person whom the Court \r\nissuing the commission may appoint. \r\n(3) The Court on issuing any commission under this rule shall direct whether the commission \r\nshall be returned to itself or to any subordinate Court. \r\n5. Commission or request to examine witness not within Pakistan.  Where any Court to \r\nwhich application is made for the issue of commission for the examination of a person residing at any \r\nplace not within 3[Pakistan] is satisfied that the evidence of such person is necessary, the Court may \r\nissue such commission or a letter of request. \r\n6. Court to examine witness pursuant to commission. Every Court receiving a commission \r\nfor the examination of any person shall examine him or cause him to be examined pursuant thereto. \r\n7. Return of commission with depositions of witnesses. Where a commission has been duly \r\nexecuted, it shall be returned, together with the evidence taken under it, to the Court from which it was \r\nissued, unless the order for issuing the commission has otherwise directed, in which case the \r\ncommission shall be returned in terms of such order ;  and the commission and the return t hereto and \r\nthe evidence taken under it shall (subject to the provisions of the next following rule) form part of the \r\nrecord of the suit. \r\n8. When depositions may be read in evidence. Evidence taken under a commission shall not \r\nbe read as evidence in the sui t without the consent of the party against whom the same is offered, \r\nunless__ \r\n(a) the person who gave the evidence is beyond the jurisdiction of the Court, or \r\ndead or unable from sickness or infirmity to attend to be personally examined, \r\nor exempted from personal appearance in Court, or is a 1[person in the service \r\nof the 2[State]] who cannot, in the opinion of the Court, attend without detriment \r\nto the public service, or \r\n \r\n1Subs. by A.O. 1937.  \r\n2Subs. by A.O. 1961, Art. 2 and Sch. \r\n3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Provinces \r\nand the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”. \r\n  \r\n   \r\n \r\nPage 133 of 318 \r\n \r\n(b) the Court in its discretion dispenses with the proof of any of the circumstances \r\nmentioned in clause (a), and authorises the evidence of any person being read \r\nas evidence in the suit, notwithstanding proof that the cause for taking such \r\nevidence by commission has ceased at the time of reading the same. \r\nCommissions for Local Investigations \r\n9. Commissions to make local investigations.  In any suit in which the Court deems a local \r\ninvestigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of \r\nascertaining the market value of any property, or the amount or any mesne profits or damages or annual \r\nnet profits, the Court may issue a commission to such person as it thinks fit directing him to make such \r\ninvestigation and to report thereon to the Court: \r\nProvided that, where the  1[Provincial Government] has made rules as to the person to whom \r\nsuch commission shall be issued, the Court shall be bound by such rules. \r\n10. Procedure of Commissioner. __ (1) The Commissioner, after such local inspection as he \r\ndeems necessary and after reducing to writing the evidence taken by him, shall return such evidence, \r\ntogether with his report in writing signed by him to the Court. \r\n(2) Report and depositions to be. The report of the Commissioner and the evidence taken by \r\nhim (but not the evidence without the report) shall be evidence in the suit and shall form part of the \r\nrecord ; but the Court or, \r\nwith the permission of the Court, any of the parties to the suit may examine the Commissioner \r\npersonally in open Court touching any of the matters referred to him or mentioned in his report, or as \r\nto his report, or as to the manner in which he has made the investigation. \r\n(3) Where the Court is for any reason dissatisfied with the proceedings of the Commissioner, \r\nit may direct such further inquiry to be made as it shall think fit. \r\nCommissions to examine Accounts \r\n11. Commission to examiner  adjust accounts.  In any suit in which an examination or \r\nadjustment of accounts is necessary, the Court may issue a commission to such person as it thinks fit \r\ndirecting him to make such examination or adjustment. \r\n12. Courts to   give   Commissioner necessary instructions.__(1) The Court shall furnish the \r\nCommissioner with such part of the proceedings and such instructions as appear necessary, and the \r\ninstructions shall distinctly specify whether the Commissioner is merely to transmit the proceedings \r\nwhich he may hold on the inquiry, or also to report his own opinion on the point referred for his \r\nexamination. \r\n(2) Proceedings and report to be evidence.  Court may direct further inquiry . The \r\nproceedings and report (if any) of the Commissioner shall be evidence in the suit, but where the Court \r\nhas reason to   be dissatisfied with them, it may direct such further inquiry as it shall think fit. \r\n \r\n1Subs. by A.O. 1937, for “L.G.”. \r\n \r\n  \r\n   \r\n \r\nPage 134 of 318 \r\n \r\nCommissions to make Partitions \r\n13. Commission to make partition of immoveable property. Where a preliminary decree for \r\npartition has been passed, the Court may, in any case not provided for by section 54, issue a \r\ncommission to such person as it thinks fit to make the partition or separation according to the rights as \r\ndeclared in such decree. \r\n14. Procedure of Commissioner.__ (1) The Commissioner shall, after such inquiry as may be \r\nnecessary, divide the property into as many shares as may be directed by the order under which the \r\ncommission was issued, and shall allot such shares to the parties, and may, if authorised thereto by the \r\nsaid order, award sum to be paid for the purpose of equalizing the value of the shares. \r\n(2) The Commissioner shall then prepare and sign a report or the Commissioners (where the \r\ncommission was issued to more than one person and they cannot agree) shall prepare and sign separate \r\nreports appointing the share of each party and distinguishing each share (if so directed by the said \r\norder) by metes and bounds. Such report or reports shall be annexed to the commission and transmitted \r\nto the Court; and the Court, after hearing any objections which the parties may make to the report or \r\nreports, shall confirm, vary or set aside the same. \r\n(3) Where the Court confirms or varies the report or reports it shall pass a decree in accordance \r\nwith the same as confirmed or varied; but where the Court sets aside the report or reports it shall either \r\nissue a new commission or make such other order as it shall think fit. \r\nGeneral Provisions \r\n15. Expenses of Commission to be paid into Co urt. Before issuing any commission under \r\nthis Order, the Court may order such sum (if any) as it thinks reasonable for the expenses of the \r\ncommission to be, within a time to be fixed, paid into Court by the party at whose instance or for   \r\nwhose benefit the commission is issued. \r\n16. Powers of Commissioners.  Any commissioner appointed under this Order may, unless \r\notherwise directed by the order of appointment,__ \r\n(a) examine the parties themselves and any witness whom they or any of them may \r\nproduce, and any other person whom the Commissioner thinks proper to call \r\nupon to give evidence in the matter referred to him; \r\n(b) call for and examine documents and other things relevant to the subject of \r\ninquiry; \r\n(c) at any reasonable time enter upon or into any land or building mentioned in the \r\norder. \r\n17. Attendance  and examination of witnesses  before Commissioner.__  (1) The provisions \r\nof this  Code relating to the summoning, attendance and examination of witnesses, and to the \r\nremuneration of, and penalties to be imposed upon, witnesses, shall apply to persons required to give \r\nevidence or to produce documents under this order whether the commission in  execution of which \r\nthey  are  so  required has been issued by a Court situate within or by a Court situate beyond the  limits \r\nof 1[Pakistan],  and for the purpose of this rule the Commissioner shall be deemed to be a Civil Court. \r\n(2) A Commissioner may apply to any Court (not being a High Court) within the local limits \r\nof whose jurisdiction a witness resides for the issue of any process which he may find it necessary to  \r\n1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Provinces \r\nand the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”. \r\n   \r\n \r\nPage 135 of 318 \r\n \r\nissue to or against such witness, and such Court may, in its discretion, issue such process as it considers \r\nreasonable and proper. \r\n18. Parties to appear before Commissioner. __ (1) Where a commission  is issued under this  \r\nOrder, the Court shall direct that the parties to the suit shall appear before the Commissioner  in  person  \r\nor by their agents or pleaders. \r\n(2) Where all or any of the parties do not so appear, the Commissioner may proceed in their \r\nabsence. \r\n1[Commissions issued at the instance of Foreign Tribunals] \r\n19. Cases in which High Court may issue commission to examine witness. __ (1) If a High \r\nCourt is a satisfied__ \r\n(a) that a foreign Court situated in a foreign country wishes to obtain the evidence \r\nof a witness in any proceeding before it, \r\n(b) that the proceeding is of a civil nature, and \r\n(c) that the witness is residing within the limits of the High Court ’s appellate \r\njurisdiction, \r\nit may, subject to the provisions of rule 20, issue a commission for the examination of such witness. \r\n(2) Evidence may be given of the matters specified in clauses (a), (b) and (c) of sub­rule (1)__ \r\n(a) by a certificate signed by the consular officer of the foreign country of the \r\nhighest rank in  2[Pakistan] and transmitted to the High Court through the \r\n3[Federal Government], or \r\n(b) by a letter of request issued by the foreign Court and transmitted to the High \r\nCourt through the 3[Federal Government], or \r\n(c) by a letter of request issued by the foreign Court and produced before the High \r\nCourt by a party to the proceeding. \r\n20. Application for commission. The High Court may issue a commission under rule 19__ \r\n(a) upon application by a party to the proceeding before the foreign Court, or \r\n(b) upon an application by a law officer of the 4[Provincial Government] acting \r\nunder instructions from the 4[Provincial Government]. \r\n21. To whom commissions may be issued. A commission under rule 19 may be issued to any \r\nCourt within the local limits of whose jurisdiction the witness resides, or, where 4[* * *] the witness \r\nresides within the local limits of 4[the ordinary original civil jurisdiction of the High Court], to an y \r\nperson whom the Court thinks fit to execute the commission. \r\n1Ins. by the Code of Civil Procedure (Amdt.) Act, 1932 (X of 1932), s.3. \r\n2Subs. by A.O., 1949. \r\n3Subs. F.A.O., 1975 Art. 2 and Table. \r\n4Subs. and rep. by A.O., 1937. \r\n  \r\n   \r\n \r\nPage 136 of 318 \r\n \r\n22. Issue, execution and return of commissions and transmission of evidence to foreign \r\nCourt. The provisions of rules 6, 15, 16, 17 and 18 of this Order in so far as they are applicable shall \r\napply to the issue, execution and return of such commissions, and when any such commission has been \r\nduly executed it shall be returned, together with the evidence taken under it, to the High Court, which \r\nshall forward it to the 1[Federal Government], along with the letter of request for transmission to the \r\nforeign Court.] \r\nORDER XXVII \r\nSUITS BY OR AGAINST 2[THE GOVERNMENT] OR PUBLIC OFFICERS IN THEIR \r\nOFFICIAL CAPACITY \r\n1. Suits by or against Government. In any suit by or against 3[the Government], the plaint or \r\nwritten statement shall be signed by such person as 3[the Government] may, by general o r special \r\norder, appoint in this behalf, and shall be verified by any person whom 2[the Government] may so \r\nappoint and who is acquainted with the facts of the case. \r\n42. Persons authorised to act for Government.  Persons being ex­officio or otherwise \r\nauthorised to act for 3[the Government] in respect of any judicial proceeding shall be deemed to be the \r\nrecognized agents by whom appearances, acts and applications under this Code may be made or done \r\non behalf of 3[the Government]. \r\n3. Plaints in suits by or against Government. In suits by or 5[against the Government], instead \r\nof inserting in the plaint the name and description and place of residence of the plaintiff or defendant, \r\nit shall be sufficient to insert 6[the appropriate name as provided in section 79, 7[* * *]]. \r\n8[4. Agent for Government to receive process. The 9[Government] pleader in any Court shall \r\nbe the agent of the 9[Government] for the purpose of receiving processes against the 9[Government] \r\nissued by such Court.]  \r\n5. Fixing of day for appearance on behalf of Government. The Court, in fixing the day for \r\n3[the Government] to answer to the plaint, shall allow a reasonable time for the necessary \r\ncommunication 10[with the Government] through the proper channel, and for the issue of instructions \r\nto the 11[Government pleader] to appear and answer on behalf of 3[the Government] 12[*  *  * ],  and  \r\nmay extend the time at its discretion. \r\n \r\n1Subs. by F.A.O., 1975, Art. 2 and Table. \r\n2Amended by A.O., 1961, Art. 2 and Sch (with effect from the 23rd March, 1956) to read as above. \r\n3The original words “the Secretary of State for India in Council” were first subs. by A.O., 1937 and then amended by A.O., 196 1, Art. 2 and Sch (with \r\neffect from the 23rd March, 1956) to read as above. \r\n4For notifn. under this rule, see Gaz. of P., 1956, Pt. I, P. 486. \r\n5The original words “against the Secretary of State for India in Council” were first subs by A.O., 1937 and then amended by A.O., 1961, Art. 2 and Sch. \r\n(with effect from the 23rd March, 1956), to read as above. \r\n6Subs. by A.O., 1937, for the words “The Secretary of State for India in Council”. \r\n7The words; “or, if the suit is against the Secretary of State,” the words “the Secretary of State,” omitted by A.O., 1949. \r\n8Subs. by A.O., 1937, for the orignal rule. \r\n9Subs. by A.O., 1961, Art. 2 and Sch. for “Crown” (with effect from the 23rd Marach, 1956). \r\n10The original words “with the Government” were first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd \r\nMarch, 1956), to read as above.  \r\n11The original words “Governemnt pleader” were first subs. by A.O., 1937, and than amended by A.O., 1961, Art.2 and Sch. (with effect from the 23rd \r\nMarch, 1956) to read as above.  \r\n12The words “or the Government” omitted by A.O., 1949. \r\n  \r\n   \r\n \r\nPage 137 of 318 \r\n \r\n6. Attendance of person able to answer questions relating to suit against Government .  \r\nThe Court may also, in any case in which the 1[Government pleader] is not accompanied by any person \r\non the part of 2[the Government], who may be able to answer any material questions relating to the \r\nsuit, direct the attendance of such a person. \r\n7. Extension of time to enable public officer to make reference to Government.__ (1) Where \r\nthe defendant is a public officer and, on receiving the summons, considers it  proper  to  make  a  \r\nreference to 3[the Government] before answering the plaint, he may apply to the Court to grant such \r\nextension of the time fixed in the summons as may be necessary to enable him to make  such reference \r\nand to receive orders thereon through the proper channel. \r\n(2) Upon such application the Court shall extend the time for so long as appears to it to be \r\nnecessary. \r\n48.  Procedure in suits against public officer.__ (1) Where 5[the Government] undertakes the \r\ndefence of a suit against a public officer 6[the Government pleader], upon being furnished  with  \r\nauthority to appear and answer the plaint, shall apply to the Court, and upon such application the Court \r\nshall cause a note of his authority to be entered in the register of civil suits. \r\n(2) Where no application under sub­rule (1) is made by 7[the Government pleader] on or before \r\nthe day fixed in the notice for the defendant to appear and answer, the case shall procee d as in a suit \r\nbetween private parties: \r\nProvided that the defendant shall not be liable to arrest, nor his property to attachment otherwise \r\nthan in execution of a decree. \r\n8[8A. No security to be required from Government or a public officer in certain cases.  No \r\nsuch security as is mentioned in rules 5 and 6 of Order XLI shall be required from the 5[Government] \r\nor, where the 5[Government] has undertaken the defence of the suit, from any public officer sued in \r\nrespect of an act alleged to be done by him in his official capacity. \r\n8B. Definitions of “Government” and “Government pleader.  In this Order \r\n“5[Government]” and “5[Government]” pleader means respectively__ \r\n(a) in relation to any suit by or against 9[* * * ] the 10[Federal Government], or \r\nagainst a publi c officer in the service of that Government, the 10[Federal \r\nGovernment] and such pleader as that Government may appoint whether \r\ngenerally or specially for the purposes of this Order; \r\n(b) 11[* * * * * *] \r\n \r\n1The original words “Governemnt pleader” were first subs. by A.O., 1937, and than amended by A.O., 1961, Art.2 and Sch. ( with effect from the 23rd \r\nMarch, 1956) to read as above. \r\n2The original words “the Secretary of State for India in Council” were first subs. by A.O., 1937 and then amended by A.O., 196 1, Art. 2 and Sch (with \r\neffect from the 23rd March, 1956). to read as above. \r\n3The orignal words \"the Government were first subs. by A.O., 1937, and then amended by A.O., 1961, Art.2 and Sch. (with effect from the 23rd March, \r\n1956) to read as above. \r\n4For notifn. Under these rules, see Gaz. Of P. 1956, Pt. 1, p. 486. \r\n5Subs. by A.O., 1961, Art. 2 and Sch. for “Crown” (with effect from the 23rd Marach, 1956). \r\n6The original words “the Government pleader” have successively been amended by A.O., 1937, and A.O., 1961, Art. 2 and Sch. (with effect the 23rd \r\nMarch, 1956), to read as above. \r\n7The original words “the Government pleader\" have successively been amended by A.O., 1937, and A.O., 1961, Art. 2 and Sch. (with effect from the \r\n23rd March, 1956), to read as above. \r\n8Rules 8A and 8B were ins. by A.O., 1937. \r\n9The words “the Secretary of State or “omitted by A.O., 1949.  \r\n10Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\n11Cl. (b) omitted by A.O., 1949. \r\n   \r\n \r\nPage 138 of 318 \r\n \r\n(c)  in relation to any suit by or against a P rovincial Government or against a public \r\nofficer in the service of a Province, the Provincial Government and the Government \r\npleader, or such other pleader as the Provincial Government may appoint, whether \r\ngenerally or specially, for the purposes of this Order.] \r\n_____________ \r\n1[ORDER XXVIIA \r\nSUITS INVOLVING 2[ANY SUBSTANTIAL QUESTION AS TO THE INTERPRETATION OF \r\nCONSTITIONAL LAW]. \r\n1. Notice to the Advocate General.  In any suit in which it appears to the Court that 2[ any \r\nsubstantial question as to the interpretation of constitutional law] is involved, the Court shall not proceed \r\nto determine that question until after notice has been given to the 2[Attorney General for Pakistan] if the \r\nquestion of law concerns the 3[Federal Government] and to the Advocate­General of the Province if the \r\nquestion of law concerns a Provincial Government. \r\n2. Court may add Government as party. The  Court  may at  any stage of the proceedings order  \r\nthat the 3[Federal Government] or a Provincial Government shall be added as a defendant in any suit \r\ninvolving  2[any  substantial  question  as  to  the  interpretation  of  constitutional  law]  if  the 2[Attorney \r\nGeneral for Pakistan] or the Advocate General of the Province as the case may be, whether upon receipt of \r\nnotice under rule 1, or otherwise, applies for such addition and the  Court  is  satisfied  that such addition \r\nis necessary or desirable for the satisfactory determination of the question of law involved. \r\n3. Costs when Government ad ded as party.  Where under rule 2 Government is added as a \r\ndefendant in a suit, 2[the Attorney General,] the Advocate­General or the Government shall not be entitled \r\nto or liable for costs in the Court which ordered the addition unless the Court having rega rd to all the \r\ncircumstances of the case for any special reason otherwise orders. \r\n4. Application of Order to appeals.  In the application of this Order to appeals the word \r\n“defendant” shall be held to include a respondent and the word “suit” an appeal.]. \r\n_______ \r\nORDER XXVIII \r\nSUITS BY OR AGAINST MILITARY 4[OR NAVAL] MEN 7[OR AIRMEN] \r\n1. Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to \r\nsue or defend for them.__ (1) Where any officer, 6[soldier, sailor or airman] actually 2[in the service of the \r\nState] in  7[such] capacity is a party to a suit, and cannot obtain leave of absence for the purpose of \r\nprosecuting or defending the suit in person, he may authorise any person to sue or defend in his stead. \r\n \r\n1Order XXVIIA ins. by the code of Civil Procedure (Amdt.) Act, 1942 (23 of 1942), s.2 \r\n2Subs. and Ins. by A.O., 1961, Art. 2 and Sch (with effect from the 23rd March, 1956). \r\n3Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. \r\n4Ins. by the Amending Act, 1934 (35 of 1934), s. 2 and Sch. \r\n5Ins. by the Repealing and Amending Act, 1927 (10 of 1927), s.2 and 1st Sch. \r\n6The words “soldier or airman” were subs. by Act, 10 of 1927, s.2 and 1st Sch., for the words “or soldier” and the word “sailor” was ins. by Act 35 of \r\n1934, s.2 and Sch. \r\n7Subs. by Act 35 of 1934, s.2 and Sch., for “a military or air­force” The words “or air­force” had been ins. by Act 10 of 1927, s.2 and 1st Sch. \r\n  \r\n   \r\n \r\nPage 139 of 318 \r\n \r\n(2) The authority shall be in writing and shall be signed by the officer, 1[soldier, sailor or \r\nairman] in the presence of (a) his commanding officer, or he next subordinate officer, if the party is \r\nhimself the commanding officer, or (b) where the officer, 1[soldier, sailor or airman] is serving in \r\nmilitary, 1[naval,] 2[or air force] staff employment, the head or other superior officer of the office in \r\nwhich he is employed. Such commanding or other officer shall countersign the authority, which shall \r\nbe filed in Court. \r\n(3) When so filed the countersignature shall be sufficient proof that the  authority was duly  \r\nexecuted, and that the officer, 1[soldier, sailor or airman] by whom it was granted could not  obtain \r\nleave of absence for the purpose of prosecuting or defending the suit in person. \r\nExplanation.__ In  this  Order  the  expression  “commanding  officer”  means  the  officer  in  \r\nactual command for the  time  being of any regiment,  corps, 1[ship,] detachment  or depot  to which \r\nthe  officer,1[soldier, sailor or airman] belongs. \r\n2. Person so auhtorised may act personally or appoint pleader. Any person authorised by \r\nan officer, 1[soldier, sailor or airman] to prosecute or defend a suit in his stead may prosecute or defend \r\nit in person in the same manner as the officer, 1[soldier, sailor or airman] could do if present; or he \r\nmay appoint a pleader to prosecute or defend the suit on behalf of such officer, 1[soldier, sailor or \r\nairman]. \r\n3. Service on person so authorised, or on his pleader to be good service.  Processes served \r\nupon any person authorised by an officer, 1[soldier, sailor or airman] under rule 1 or upon any pleader \r\nappointed as aforesaid by such person shall be as effectual as if they had been served on the party in \r\nperson. \r\n_______ \r\nORDER XXIX \r\nSUITS BY OR AGAINST CORPORATIONS \r\n1. Subscription and verification of pleading. In suits by or against a corporation, any pleading \r\nmay be signed and verified on behalf of the corporation by the secretary or by any director or other \r\nprincipal officer of the corporation who is able to depose to the facts of the case. \r\n2. Service on corporation.  Subject to any statutory provision regulating service of process, \r\nwhere the suit is against a corporation, the summons may be served__ \r\n(a) on the secretary, or on any director, or other principal officer of the corporation, \r\nor \r\n(b) by leaving it or sending it by post addressed to the corporation at the registered \r\noffice, or if there is no registered office then at the place where the corporation \r\ncarries on business. \r\n \r\n1Sus. and Ins. by Act 35 of 1934, s.2 and Sch. \r\n2Ins. by the Repealing and Amending Act, 1927 (10 of 1927), s.2 and 1st Sch. \r\n  \r\n   \r\n \r\nPage 140 of 318 \r\n \r\n3. Power to require personal attendance of officer of corporation.  The Court may, at any \r\nstage of the suit, require the personal appearance of the secretary or of any director, or other principal \r\nofficer of the corporation who may be able to answer material questions relating to the suit. \r\n_______ \r\nORDER XXX \r\nSUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES \r\nOTHER THAN THEIR OWN. \r\n1. Suing of partners in  name  of firm.__ (1) Any two or more persons claiming or being liable \r\nas partners and carrying on business in 1[Pakistan] may sue or be sued in the name of firm (if any) of \r\nwhich such persons were partners at the time of the accruing of the  cause  of action, and any party to \r\na  suit  may in such case apply to the Court for a statement of the  names and addresses of the persons \r\nwho were, at the time of the accruing of the cause of action, partners in such firm,  to be  furnished and  \r\nverified in such manner as the Court may direct. \r\n(2) Where persons sue or are sued as partners in the name of their firm under sub­rule (1), it \r\nshall, in the case of any pleadi ng or other document required by or under this Code to be signed, \r\nverified or certified by the plaintiff or the defendant, suffice if such pleading or other document is \r\nsigned, verified    or certified by any one of such persons. \r\n2. Disclosure of partner’s names.__ (1) Where a suit is instituted by partners in the name of \r\ntheir firm, the plaintiffs or their pleader shall, on demand in writing by or on behalf of  any  defendant, \r\nforthwith declare in writing the names and places of residence  of all the  persons constituting the  firm  \r\non whose behalf the suit is instituted. \r\n(2) Where the plaintiffs or their pleader fail to Comply with any demand made under sub­rule \r\n(1), all proceedings in the suit may, upon an application for that purpose, be stayed upon such terms \r\nas the Court may direct. \r\n(3) Where the names of the partners are declared in the manner referred to in sub­rule (1), the \r\nsuit shall proceed in the same manner, and the same consequences in all respects shall follow, as if \r\nthey had been named as plaintiffs in the plaint: \r\nProvided that all the proceedings shall nevertheless continue in the name of the firm. \r\n3. Service. Where persons are sued as partners in the name of their firm, the summons shall be \r\nserved either__ \r\n(a) upon any one or more of the partners, or \r\n(b) at the principal place at which the partnership business is carried on within \r\n1[Pakistan] upon any person having, at the time of service, the control or \r\nmanagement of the partnership business there, \r\nas the Court may direct ; and such service shall be deemed good service upon the firm so sued, whether \r\nall or any of the partners are within or without 1[Pakistan]: \r\n \r\n1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955). \r\n  \r\n   \r\n \r\nPage 141 of 318 \r\n \r\nProvided that, in the case of a partnership which has been dissolved to the knowledge of the \r\nplaintiff before the institution of the suit, the summons shall be served upon every person within \r\n1[Pakistan] whom it is sought to make liable. \r\n4. Right of suit on death of partner. __ (1) Notwithstanding anything contained in section 45 \r\nof the Contract Act, 1872 (IX of 1872), where two or more persons may sue or be sued in the name of \r\na firm under the foregoing provisions and any of such persons dies, whether before  the  institution or \r\nduring  the pendency of any suit, it shall not be necessary to join the legal representative of the deceased \r\nas a party to the suit. \r\n(2) Nothing in sub­rule (1) shall limit or otherwise affect any right which the legal \r\nrepresentative of the deceased may have__ \r\n(a) to apply to be made a party to the suit, or \r\n(b) to enforce any claim against the survivor or survivors. \r\n5. Notice in what capacity served. Where a summons is issued to a firm and is served in  the  \r\nmanner provided by rule 3, every person upon whom it is served shall be informed by notice in writing \r\ngiven at the time of such service, whether he is served as a partner or as a person having the control or \r\nmanagement of the partnership business, or in both characters, and, in  default  of  such  notice,  the \r\nperson served shall be deemed to be served as a partner. \r\n6. Appearance of partners. Where persons are sued as partners in the name of their firm, they \r\nshall appear individually in their own names, but all subsequent proceedings shall, nevertheless, \r\ncontinue in the names of the firm. \r\n7. No appearance except by partners.  Where a summons is served in the manner provided \r\nby rule 3 upon a person having the control or management of the partnership business, no appearance \r\nby him shall be necessary unless he is a partner of the firm sued. \r\n8. Appearance under protest. Any person served with summons as a partner under rule 3 may \r\nappear under protest, denying that he is a partner, but such appearance shall not preclude the plaintiff \r\nfrom otherwise serving a summons on the firm and obtaining a decree against the firm in default of \r\nappearance where no partner has appeared. \r\n9. Suits between co­partners. This Order shall apply to suits between a firm and one or more \r\nof the partners therein and to suits between firms having one or more partners in common;  but no \r\nexecution shall be issued in such suits except by leave of the Court, and, on an application for leave to \r\nissue such execution, all such accounts and inquiries may be directed to be taken and made and \r\ndirections given as may be just. \r\n10. Suit against person carrying on business in name other than his own.  Any person \r\ncarrying on business in a name or style other than his own name may be sued in such name or style as \r\nif it were a firm name ; and, so far as the nature of the case will permit, all rules under this Order shall \r\napply. \r\n_______ \r\n \r\n1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “the \r\nProvinces and the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”. \r\n   \r\n \r\nPage 142 of 318 \r\n \r\nORDER XXXI \r\nSUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS \r\n1. Representation of beneficiaries in suits concerning property vested in trustees etc.  In \r\nall suits concerning property vested in a trustee, executor or administrator, where the contention is \r\nbetween the persons beneficially interested in s uch property and a third person, the trustee, executor \r\nor administrator shall represent the persons so interested, and it shall not ordinarily be necessary to \r\nmake them parties to the suit. But the Court may, if it thinks fit, order them or any of them to be made \r\nparties. \r\n2. Joinder of trustees, executors and administrators.  Where there are several trustees, \r\nexecutors or administrators, they shall all be made parties to a suit against one or more of them: \r\nProvided that the executors who have not proved thei r testator’s will, and trustees, executors \r\nand administrators outside 1[Pakistan], need not be made parties. \r\n3. Husband of married executrix not to join. Unless the Court directs otherwise, the husband \r\nof a married trustee, administratrix or executrix shall not as such be a party to a suit by or against her. \r\n________ \r\nORDER XXXII \r\nSUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND \r\n1. Minor to sue by next friend.  Every suit by a minor shall be instituted in his name by a \r\nperson who in such suit shall be called the next friend of the minor. \r\n2. Where suit is instituted without next friend, plaint to be taken off the file.__ (1) Where a \r\nsuit is instituted by or on behalf of a minor without a next  friend, the  defendant  may apply to have  \r\nthe  plaint taken off the file, with costs to be paid by the pleader or other person by whom it was \r\npresented. \r\n(2) Notice of such application shall be given t o such person, and the Court, after hearing his \r\nobjections (if any), may make such order in the matter as it thinks fit. \r\n3. Guardian for the suit to be appointed by Court for minor defendant. __ (1) Where the \r\ndefendant is a minor, the Court, on being satisfied of the fact of his minority, shall appoint a proper  \r\nperson to be guardian for the suit for such minor. \r\n(2) An order for the appointment of a guardian for the suit may be obtained upon application \r\nin the name and on behalf of the minor or by the plaintiff. \r\n(3) Such application shall be supported by an affidavit verifying the fact that the proposed \r\nguardian has no interest in the matters in controversy in the suit adverse to that of the minor and that \r\nhe is a fit person to be so appointed. \r\n(4) No order shall be made on any application under this rule except upon notice to the minor \r\nand  to  any  guardian  of the minor appointed or declared by an authority competent in that behalf, or,  \r\n1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “the \r\nProvinces and the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”. \r\n   \r\n \r\nPage 143 of 318 \r\n \r\n \r\nwhere there is no such guardian, upon notice to the father or other natura l guardian of the minor, or, \r\nwhere there is no father or other natural guardian, to the person in whose care the minor is, and after \r\nhearing any objection which may be urged on behalf of any person served with notice under this \r\nsub­rule. \r\n1[(5) A person appointed under sub­rule (1) to be guardian for the suit for a minor shall, unless \r\nhis appointment is terminated by retirement, removal or death, continue as such throughout all \r\nproceedings arising out of the suit including proceedings in any appellate or revisional Court and any \r\nproceedings in the execution of a decree.]. \r\n4. Who may act as next friend or be appointed guardian for the suit.__ (1) Any person who \r\nis of sound mind and has attained majority may act  as next  friend of a  minor  or as his guardian for \r\nthe  suit: \r\nProvided that the interest of such person is not adverse to that of the minor and that he is not, \r\nin the case of a next friend, a defendant, or, in the case of a guardian for the suit, a plaintiff. \r\n(2) Where a minor has a guardian appointed or declared by competent authority, no person \r\nother than such guardian shall act as the next friend of the minor or be appointed his guardian for the \r\nsuit unless the Court considers for reasons to be recorded, that it is for the minor's welfare that another \r\nperson be permitted to act or be appointed, as the case may be. \r\n(3) No person shall without his consent be appointed guardian for the suit. \r\n(4) Where there is no other person fit and willing to act as guardian for the suit, the Court may \r\nappoint any of i ts officers to be such guardian, and may direct that the costs to be incurred by such  \r\nofficer in the performance of his duties as such guardian shall be borne either by the  parties or by any \r\none or more of the parties to the suit, or out of any fund in Court in which the minor is interested, and  \r\nmay give directions for the repayment of allowance  of such costs as justice  and the  circumstances of  \r\nthe case may require. \r\n5. Representation of minor by next friend or guardian for the suit. __(1) Every application \r\nto the Court on behalf of a minor,  other than an application under rule 10, sub­rule (2), shall be made \r\nby   his next friend or by his guardian for the suit. \r\n(2) Every order made in a suit or on any application , before the Court in or by which a min or \r\nis in any way concerned or affected, without such minor being represented by a next friend or guardian \r\nfor the suit, as the case may be, may be discharged and, where the pleader of the party at whose instance \r\nsuch order was obtained knew, or might reasonably have known, the fact of such minority, with costs \r\nto be paid by such pleader. \r\n6. Receipt by next friend or guardian for the suit of property under decree for minor.__(1) \r\nA next friend or guardian for the suit  shall not, without the leave of the Cour t, receive any money or \r\nother movable property on behalf of a minor either__ \r\n(a) by way of compromise before decree or order, or \r\n(b) under a decree or order in favour of the minor. \r\n \r\n1Sub­section (3) ins. by the Code of Civil Procedure (Third Amdt.) Act, 1937 (XVI of 1937), s.2. \r\n   \r\n \r\nPage 144 of 318 \r\n \r\n(2) Where the next friend or guardian for the suit has not been appointed or declared by \r\ncompetent authority to be  guardian of the  property of the  minor,  or,  having been so appointed or \r\ndeclared, is under any disability known to the Court to receive the money or other moveable property, \r\nthe Court  shall, if it grants him leave to receive the  property, require  such security and give  such \r\ndirections as  will, in its opinion, sufficiently protect the property from waste and ens ure its proper \r\napplication. \r\n7. Agreement or compromise by next friend or guardian for the suit.__ (1)  No  next  friend  \r\nor guardian for the suit shall, without the leave of the Court, expressly recorded in the proceedings, \r\nenter into any agreement or comp romise on behalf of a minor with reference to the suit  in which he \r\nacts as  next friend or guardian. \r\n(2) Any such agreement or compromise entered into without the leave of the Court so recorded   \r\nshall be voidable against all parties other than the minor. \r\n8. Retirement of next friend.__ (1) Unless otherwise ordered by the Court, a next friend shall \r\nnot retire without first procuring a fit person to be put in his place and giving security for the costs \r\nalready incurred. \r\n(2) The application for the appointment of a new next friend shall be supported by an affidavit \r\nshowing the fitness of the person proposed, and also that he has no interest adverse to that of the minor. \r\n9. Removal of next friend.__ (1) Where the interest of the next friend of a minor is adverse to \r\nthat of the minor or where he is so connected with a defendant whose  interest  is  adverse  to that  of \r\nthe  minor as to make it unlikely that the minor's interest  will be  properly protected by him,  or where  \r\nhe  does not do his duty, or, during the pendency of the suit, ceases to reside within 1[Pakistan],  or for \r\nany  other sufficient cause, application may be made on behalf of the minor or by a defendant  for his \r\nremoval; and the Court, if satisfied of the sufficiency of the cause assigned, may order the next friend     \r\nto be removed accordingly, and make such other order as to costs as it thinks fit. \r\n(2) Where the next friend is not a guardian appointed or declared by an authority competent in \r\nthis behalf, and an application is made by  a guardian so appointed or declared, who  desires to be \r\nhimself appointed in the place of the next friend, the Court  shall remove, the  next  friend unless it \r\nconsiders, for reasons to be recorded by it, that the guardian ought not  to be  appointed the next friend \r\nof the minor, and shall thereupon appoint the applicant to be next  friend in  his place  upon such terms \r\nas to the costs already incurred in the suit as it thinks fit. \r\n10. Stay of proceedings on removal, etc., of next friend.__ (1) On the retirement, removal or \r\ndeath of the next friend of a minor, further proceedings shall be stayed until the appointment of a next \r\nfriend in his place. \r\n(2) Where the pleader of such minor omits, within a reasonable time, to take steps to get a new \r\nnext friend appo inted, any person interested in the minor or in the matter in issue may apply to the \r\nCourt for the appointment of one, and the Court may appoint such person as it thinks fit. \r\n11. Retirement, removal or death of guardian for the suit.__ (1) Where the guardian for the \r\nsuit desires to retire or does not do his duty, or where other sufficient ground is made to appear, the  \r\nCourt may permit such guardian to retire or may remove  him,  and may make  such order as to costs \r\nas it thinks fit. \r\n1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “the \r\nProvinces and the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”. \r\n \r\n   \r\n \r\nPage 145 of 318 \r\n \r\n(2) Where the guardian for the suit retires, dies or is removed by the Court during the pendency \r\nof the suit, the Court shall appoint a new guardian in his place. \r\n12. Course  to be  followed by minor  plaintiff or  applicant on attaining majority.__ (1) A \r\nminor plaintiff or a minor not a party to a suit on whose behalf an application is pending shall, on \r\nattaining majority, elect whether he will proceed with the suit or application. \r\n(2) Where he elects to proceed with the suit or application, he shall apply for an order \r\ndischarging the next friend and for leave to proceed in his own name. \r\n(3) The title of the suit or application shall in such case may be corrected so as to read \r\nhenceforth thus:__ \r\n“A. B., late a minor, by C.D., his next friend, but now having attained majority.” \r\n(4) Where he elects to abandon the suit or application, he shall, if a sole plaintiff or sole \r\napplicant, apply for an order to dismiss the suit or application on repayment of the  costs  incurred  by  \r\nthe  defendant or opposite party or which may have been paid by his next friend. \r\n(5) Any application under this rule may be made ex parte: but no order discharging a next  \r\nfriend  and permitting a minor plaintiff to proceed in his own name shall be made without notice to the \r\nnext friend. \r\n13. Where minor co­plaintiff attainig majority desires to repudiate suit .__ (1) Where a \r\nminor co­plaintiff on attaining majority  desires to repudiate the suit, he shall apply to have his name \r\nstruck out as co­plaintiff; and the Court, if it finds that he is not a necessa ry party, shall dismiss him \r\nfrom the suit on such terms as to costs or otherwise as it thinks fit. \r\n(2) Notice of the application shall be served on the next friend, on any co­plaintiff and on the \r\ndefendant. \r\n(3) The costs of all parties of such application, and of all or any proceedings theretofore had in \r\nthe suit, shall be paid by such persons as the Court directs. \r\n(4) Where the applicant is a necessary party to the suit, the Court may direct him to be made a \r\ndefendant. \r\n14. Unreasonable or improper suit.__ (1) A minor on attaining majority may, if a sole \r\nplaintiff, apply that a suit instituted in his name by his next friend be dismissed on the ground that it \r\nwas unreasonable or improper. \r\n(2) Notice of the application shall be served on all the parties concer ned; and the Court, upon \r\nbeing satisfied of such unreasonableness or impropriety, may grant the application and order the next \r\nfriend to pay the costs of all parties in respect of the application and of anything done in the suit, or \r\nmake such other order as it thinks fit. \r\n15. Application of rules to persons of unsound mind. The provisions contained in rules 1 to \r\n14, so far as they are applicable, shall extend to persons adjudged to be of unsound mind and to persons \r\nwho though not so adjudged are found by th e Court on inquiry, by reason of unsoundness of mind or \r\nmental infirmity, to be incapable of protecting their interests when suing or being sued. \r\n  \r\n   \r\n \r\nPage 146 of 318 \r\n \r\n1[16. Certain laws not to be affected. Nothing in this Order shall be construed to affect or in \r\nany way derogate from the provisions of any local law for the time being in force relating to suits by \r\nor against minors or by or against lunatics or other persons of unsound mind.] \r\n________ \r\nORDER XXXIII \r\nSUITS BY PAUPERS \r\n1. Suits may be instituted in forma pauperis. Subject to the following provisions, any suit \r\nmay be instituted by a pauper. \r\nExplanation.__ A person is a “pauper” when he is not possessed of sufficient means to enable \r\nhim to pay the fee prescribed by law for the plaint  in such suit, or , where no such fee is prescribed, \r\nwhen he is not  entitled to property worth 2[one thousand] rupees other than his necessary \r\nwearing­apparel and  the subject-matter of the suit. \r\n2. Contents of application. Every application for permission to sue as a pauper shall contain \r\nthe particulars required in regard to plaints in suits : a schedule of any moveable or immoveable \r\nproperty belonging to the applicant, with the estimated value thereof, shall be annexed ther eto; and it \r\nshall be signed and verified in the manner prescribed for the signing and verification of pleadings. \r\n3. Presentation of application.  Notwithstanding anything contained in these rules, the \r\napplication shall be presented to the Court by the appli cant in person, unless he is exempted from \r\nappearing in Court, in which case the application may be presented by an authorised agent who can \r\nanswer all material questions relating to the application, and who may be examined in the same manner \r\nas the party represented by him might have been examined had such party attended in person. \r\n4. Examination of applicant.__  (1) Where the application is in proper form and duly presented, \r\nthe Court may,  if  it  thinks fit, examine the applicant ,or his agent when the applicant is allowed to \r\nappear  by agent, regarding the merits of the claim and the property of the applicant. \r\n(2) If presented by agent, Court may order applicant to be examined by commission.  \r\nWhere the application is presented by an agent, the Court may, if it thinks fit, order that the applicant \r\nbe examined by a commission in the manner in which the examination of an absent witness may be \r\ntaken. \r\n5. Rejection of applications. The Court shall reject an application for permission to  sue  as  a \r\npauper__ \r\n(a) where it is not framed and presented in the manner prescribed by rules 2 and 3, \r\nor \r\n(b) where the applicant is not a pauper, or \r\n(c) where he has, within two months next before the presentation of the application, \r\ndisposed of any property fraudulently or in  order to be able to apply for \r\npermission to sue as a pauper, or \r\n \r\n1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s.3 and second Sch. \r\n2Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. \r\n  \r\n   \r\n \r\nPage 147 of 318 \r\n \r\n(d) where his allegations do not show a cause of action, or \r\n(e) where he has entered into any agreement with reference to the subject­matter of \r\nthe proposed suit under which any other person has obtained an interest in such \r\nsubject­matter. \r\n6. Notice of day for receiving evidence of applicants pauperism.  Where the Court sees no \r\nreason to reject the application on any of the grounds stated in rule 5, it shall fix a day (of which at last \r\nten day's clear notice shall be given to the opposite party and the Government  pleader) for receiving \r\nsuch evidence as the applicant may adduce in proof of his pauperism, and for hearing any evidence \r\nwhich may be adduced in disproof thereof. \r\n7. Procedure at hearing.__ (1) On the day so fixed or as soon thereafter as may be convenient, \r\nthe Court shall examine the witnesses (if any) produced by either party, and may examine the applicant \r\nor  his agent, and shall make a memorandum of the substance of their evidence. \r\n(2) The Court shall also hear any argument which the parties may desire to offer on the question \r\nwhether, on the face of the application and of the evidence (if any) taken by the Court as herein \r\nprovided, the applicant is or is not subject to any of the prohibitions specified in rule 5. \r\n(3) The Court shall then either allow or refuse to allow the applicant to sue as a pauper. \r\n8. Procedure if application admitted. Where the application is granted, it shall be numbered \r\nand registered, and shall be deemed the plaint in the suit, and the suit shall proceed in all other respects \r\nas a suit instituted in the ordinary manner, except that plaintiff shall not be liable to pay any court­fee \r\n(other than fee payable for service of process) in respect of any petition, appointm ent of a pleader or \r\nother proceeding connected with the suit. \r\n9. Dispaupering. The Court may, on the application of the defendant, or of the Government \r\npleader, of which seven day’s clear notice in writing has been given to the plaintiff, order the plaintiff \r\nto be dispaupered__ \r\n(a) if he is guilty of vexatious or improper conduct in the course of the suit; \r\n(b) if it appears that his means are such that he ought not to continue to sue as a \r\npauper; or \r\n(c) if he has entered into any agreement with reference to the subject­matter of the \r\nsuit under which any other person has obtained an interest in such \r\nsubject­matter. \r\n10. Costs where pauper succeeds.  Where the plaintiff succeeds in the suit, the Court shall \r\ncalculate the amount of court­fees which would have bee n paid by the plaintiff if he had not been \r\npermitted to sue as a pauper; such amount shall be recoverable by the 1[Provincial Government] from \r\nany party ordered by the decree to pay the same, and shall be a first charge on the subject­matter of the \r\nsuit. \r\n \r\n1Subs. by A.O., 1937, for “Govt.” \r\n  \r\n   \r\n \r\nPage 148 of 318 \r\n \r\n11. Procedure where pauper fails.  Where the plaintiff fails in the suit or is dispaupered, or \r\nwhere the suit is withdrawn or dismissed,__ \r\n(a) because the summons for the defendant to appear and answer has not been \r\nserved upon him in consequence of the failure of the plaintiff to pay the court \r\nfee or postal charges (if any) chargeable for such service, or \r\n(b) because the plaintiff does not appear when the suit is called on for hearing, \r\nthe Court shall order the plaintiff, or any person added as a co­plaintiff to the suit, to pay the court fees \r\nwhich would have been paid by the plaintiff if he had not been permitted to sue as a pauper. \r\n1[11A. Procedure where pauper suit abates. Where the suit abates by reason of the death of \r\nthe plaintiff or of any person added as a co­plaintiff the Court shall order that the amount of court­fees \r\nwhich would have been paid by the plaintiff if he had not been permitted to sue as a pauper shall be \r\nrecoverable by the Provincial Government from the estate of the deceased plaintiff.] \r\n12. Provincial Government may apply for payment or court­fees.  The 2[Provincial \r\nGovernment] shall have the right at any time to apply to the Court to make an order for the payment \r\nof court­fees under rule 10, 2[rule 11 or rule 11­A]. \r\n13. Provincial Government to be deemed a party.  All matters arising between the \r\n2[Provincial Government] and any party to the suit under rule 10, rule 11, 2[rule 11A] or rule 12 shall \r\nbe deemed to be questions arising between the parties to the suit within the meaning of section 47. \r\n3[14. Recovery of amount of court­fees. Where an order is made under rule 10, rule 11 or rule \r\n11A the Court shall forthwith cause a copy of the decree or order to be forwarded to the Collector, \r\nwho may, without prejudice to any other mode of recovery, recover the amount of court­fees specified \r\ntherein from the person or property liable for the payment as if it were an arrear of land revenue.] \r\n15. Refusal to allow applicant to sue as pauper to bar subsequent applic ation of like \r\nnature. An order refusing to allow the applicant to sue as a pauper shall be a bar to any subsequent \r\napplication of the like nature by him in respect of the same right to sue; but the applicant shall be at \r\nliberty to institute a suit in the ordinary manner in respect of such right, provided that he first pays the \r\ncosts (if any) incurred by the 2[Provincial Government] and by the opposite party in opposing his \r\napplication for leave to sue as a pauper. \r\n16. Costs. The costs of an application for permission to sue as a pauper and of an inquiry into \r\npauperism shall be costs in the suit. \r\n_________ \r\n \r\n \r\n1Rule 11A ins. by the Code of Civil Procedure (Second Amdt.) Act, 1942 (24 of 1942), s.2. \r\n2Subs. by A.O., 1937. \r\n3Subs. by Act 24 of 1942, s.2, for the Original s. 14. \r\n \r\n \r\n \r\n  \r\n   \r\n \r\nPage 149 of 318 \r\n \r\nORDER XXXIV \r\nSUITS RELATING TO MORTGAGES OF IMMOVEABLE PROPERTY \r\n1. Parties to suits for foreclosure, sale and redemption.  Subject to the provisions of this \r\nCode, all persons having an interest either in the mortgage­security or in the right of redemption shall \r\nbe joined as parties to any suit relating to the mortgage. \r\nExplanation.__ A puisne mortgagee may sue for foreclosure or for sale without making the prior \r\nmortgagee a party to the suit; and a prior mortgagee need not be joined in  a suit to redeem a  subsequent \r\nmortgage. \r\n1[2. Preliminary decree in foreclosure suit. In a suit for foreclosure, if the plaintiff succeeds, \r\nthe Court shall pass a preliminary decree__ \r\n(a) Ordering that an account be taken of what was due to the plaintiff at the date of \r\nsuch decree for__ \r\n(i) principal and interest on the mortgage, \r\n(ii) the costs of suit, if any, awarded to him, and \r\n(iii) other costs, charges and expenses properly incurred by him up to that \r\ndate in respect of his mortgage­security, together with interest thereon; \r\nor \r\n(b) declaring the amount so due at that date; and \r\n(c) directing__ \r\n(i) that, if the defendant pays into Court the amount so found or declared \r\ndue on or before such date as the Court may fix within six months from \r\nthe date on which the Court confirms and countersigns the account taken \r\nunder clause (a), or from the date on which such amount is declared in \r\nCourt under cl ause (b), as the case may be, and thereafter pays such \r\namount as may be adjudged due in respect of subsequent costs, charges \r\nand expenses as provided in rule 10, together with subsequent interest \r\non such sums respectively as provided in rule 11, the plaint iff shall \r\ndeliver up to the defendant, or to such person as the  defendant  appoints,  \r\nall documents in his possession or power relating to the mortgaged \r\nproperty, and shall, if so required, re­transfer the property to the \r\ndefendant at his cost free from the  mortgage  and from all encumbrances \r\ncreated by the plaintiff or any person claiming under him, or, where the \r\nplaintiff claims, by derived title, by those under whom he claims, and \r\nshall also, if necessary, put the defendant in possession of the propert y; \r\nand \r\n(ii) that, if payment of the amount found or declared due under or by the \r\npreliminary decree is not made on or before the date so fixed, or the \r\ndefendant fails to pay within such time as the Court may fix, the  \r\n \r\n1Rules 2 to 8 were subs. by the Transfer of Property (Amdt.) Supplementary Act, 1929 (XXI of 1929), s.4. \r\n   \r\n \r\nPage 150 of 318 \r\n \r\namount adjudged due in respect of subsequent costs, charges, expenses \r\nand interest, the plaintiff shall be entitled to apply for a final decree \r\ndebarring the defendant from all right to redeem the property. \r\n(2) The Court may, on good cause shown and upon terms to be fixed by the Court, from time \r\nto time, at any time before a final decree is passed, extend the time fixed for the payment of the amount \r\nfound or declared due under sub­rule (1) or of the amount adjudged due in respect of subsequent costs, \r\ncharges, expenses and interest. \r\n(3) Where, in a suit for foreclosure, subsequent mortgagees or persons deriving title from, or \r\nsubrogated to the rights of, any such mortgagees are joined as part ies, the preliminary decree shall \r\nprovide for the adjudication of the respective rights and liabilities of the parties to the suit in the manner \r\nand form set forth in Form No.9 or Form No.10, as the case may be, of Appendix D with such variations \r\nas the circumstances of the case may require. \r\n3. Final decree in foreclosure suit.__ (1) Where, before a final decree debarring the defendant \r\nfrom all right to redeem the mortgaged property has been passed, the defendant makes payment  into \r\nCourt of all amounts due  from him under sub­rule (1) of rule 2, the Court shall, on application made \r\nby the defendant in this behalf, pass a final decree__ \r\n(a) ordering the plaintiff to deliver up the documents referred to in the preliminary \r\ndecree,  \r\nand, if necessary,__ \r\n(b) ordering him to re­transfer at the cost of the defendant the mortgaged property \r\nas directed in the said decree, and also, if necessary,__ \r\n(c) ordering him to put the defendant in possession of the property. \r\n(2) where payment in accordance with sub­rule (1)  has not been made, the Court shall, on \r\napplication made by the plaintiff in this behalf, pass a final decree declaring that the defendant and all \r\npersons claiming through or under him are debarred from all right to redeem the mortgaged property \r\nand also, if necessary, ordering the defendant to put the plaintiff in possession of the property. \r\n(3) On the passing of a final decree under sub­rule (2), all liabilities to which the defendant is \r\nsubject in respect of the mortgage or on account of the suit shall be deemed to have been discharged. \r\n4. Preliminary  decree  in suit for sale. __ (1) In a suit for sale, if the plaintiff succeeds, the \r\nCourt shall pass a preliminary decree to the effect mentioned in clauses (a), (b) and (c) (i) of sub­rule  \r\n(1) of  rule 2, and further directing that, in default of the defendant paying as therein mentioned, the \r\nplaintiff shall be entitled to apply for a final decree directing that the mortgaged property or a sufficient \r\npart thereof be sold, and the proceeds of the sale (after deduction therefrom of the expenses of the sale) \r\nbe paid into Court and applied in payment of what has been found or declared under or by the \r\npreliminary decree due to the plaintiff, together with such amount as may have been adjudged due in \r\nrespect of su bsequent costs, charges, expenses and interest, and the balance, if any, be paid to the \r\ndefendant or  other persons entitled to receive the same. \r\n(2) The Court may, on good cause shown and upon terms to be fixed by the Court, from time \r\nto  time, at any time before at final decree for sale is passed, extend the time fixed for the payment of \r\nthe amount found or declared due under sub­rule (1) or of the amount adjudged due in respect  of  \r\nsubsequent costs, charges, expenses and interest. \r\n   \r\n \r\nPage 151 of 318 \r\n \r\n(3) Power to decree sa le in foreclosure suit . In a suit for foreclosure in the case of an \r\nanomalous mortgage, if the plaintiff succeeds, the Court may, at the instance of any party to the suit \r\nor of any other person interested in the mortgage­security or the right of redemption, pass a like decree \r\n(in lieu of a decree for foreclosure) on such terms as it thinks fit, including the deposit in Court of a \r\nreasonable sum fixed by the Court to meet the expenses of the sale and to secure the performance of \r\nthe terms. \r\n(4) Where, in a su it for sale or a suit for foreclosure in  which sale is ordered,  subsequent \r\nmortgagees or persons deriving title from, or subrogated to the rights of,  any  such  mortgagees are  \r\njoined as parties, the preliminary decree referred to in sub­rule (1) shall p rovide for the adjudication \r\nof  the respective rights and liabilities of the parties to the suit in the manner and form set forth in \r\nForm, No.9, Form No.10 or Form No.11, as the case may be, of Appendix D with such variations as \r\nthe circumstances of the case may require. \r\n5. Final decree in suit for sale. __ (1) Where, on or before the day fixed or at any time before \r\nthe confirmation of a sale made in pursuance of a final decree passed under sub­rule (3) of this rule, \r\nthe defendant makes payment into Court of  all amounts due from him under sub­sule (1) of  rule  4,  \r\nthe Court shall, on application made by the defendant in this behalf, pass a final decree or, if such \r\ndecree has been passed, an order__ \r\n(a) ordering the plaintiff to deliver up the documents referred to in the preliminary \r\ndecree,  \r\nand if necessary,__ \r\n(b) ordering him to transfer the mortgaged property as directed in the said decree, \r\nand,  \r\nalso, if necessary,__ \r\n(c) ordering him to put the defendant in possession of the property. \r\n(2) where the mortgaged property or part thereof has been sold in pursuance of a decree passed \r\nunder sub­rule (3) of this rule, the Court shall not pass an order under sub­rule (1) of this rule, unless \r\nthe defendant, in addition to the amount mentioned in sub­rule (1), deposits in Court for payment to \r\nthe purchaser a sum equal to five per cent of the amount of the purchase­money paid into Court by the \r\npurchaser. \r\nWhere such deposit has been made, the purchaser shall be entitled to an order for re­payment \r\nof the amount of the purchase­money paid into Court by him, together with a sum equal to five per  \r\ncent, thereof. \r\n(3) Where payment in accordance with sub­rule (1) has not been made, the Court shall, on \r\napplication made by the plaintiff in this behalf, pass a final decree directing that the mortgaged property \r\nor a sufficient part thereof be sold, and that the proceeds of the sale be dealt with in the manner provided \r\nin sub­rule (1) of rule 4. \r\n  \r\n   \r\n \r\nPage 152 of 318 \r\n \r\n6. Recovery of balance due on mortgage in suit for sale.  Where the net proceeds of any sale \r\nheld under the last preceding rule are found insufficient to pay the amount due to the plaintiff, the \r\nCourt, on application by him may, if the balance is legally recoverable from the defendant otherwise \r\nthan out of the property sold, pass a decree for such balance. \r\n7. Preliminary decree in redemption suit .__ (1) In a suit for redemption, if the plaintiff \r\nsucceeds, the Court shall pass a preliminary decree__ \r\n(a) ordering that an account be taken of what was due to the defendant at the date \r\nof such decree for__ \r\n(i) principal and interest on the mortgage, \r\n(ii) the costs of suit, if any, awarded to him, and \r\n(iii) other costs, charges and expenses properly incurred by him up to that \r\ndate, in respect of his mortgage security, together with interest thereon; \r\nor \r\n(b) declaring the amount so due at that date; and \r\n(c) directing__ \r\n(i) that, if the plaintiff pays into Court the amount so found or declared due \r\non or before such date as the Court may fix within six months from the \r\ndate on which the Court confirms and countersigns the account taken \r\nunder clause (a), or from the date on  which such amount is declared in \r\nCourt under clause (b), as the case may be, and thereafter pays such \r\namount as may be adjudged due in respect of subsequent costs, charges \r\nand expenses as provided in rule 10 together with subsequent interest on \r\nsuch sums respectively as provided in rule 11, the defendant shall deliver \r\nup the plaintiff,  or to such  person as the plaintiff appoints, all \r\ndocuments in his possession or power rel ating to the mortgaged \r\nproperty, and shall, if so required, re­transfer the property to the plaintiff \r\nat his cost free from the mortgage and from all encumbrances created by \r\nthe defendant or any person claiming under him, or where the defendant \r\nclaims by derived title, by those under whom he claims, and  shall  also  \r\nif  necessary, put the plaintiff in possession of the property; and \r\n(ii) that, if payment of the amount found or declared due under or by the \r\npreliminary decree is not made on or before the dat e so fixed, or the \r\nplaintiff fails to pay, within such time as the Court may fix, the amount \r\nadjudged due in respect of subsequent costs, charges, expenses, and \r\ninterest, the defendant shall be entitled to apply for a final decree__ \r\n(a) in the case of a mortgage other than a usufructuary mortgage, a \r\nmortgage by conditional sale, or an anomalous mortgage the \r\nterms of which provide for foreclosure only and not for sale, that \r\nthe mortgaged property be sold, or \r\n(b) in the case of a mortgage by conditional sal e or such an \r\nanomalous mortgage as aforesaid, that the plaintiff be debarred \r\nfrom all rights to redeem the property. \r\n   \r\n \r\nPage 153 of 318 \r\n \r\n(3) The Court may, on good cause shown and upon terms to be fixed by the Court, from time \r\nto time, at any time before the passing of a fina l decree for foreclosure or sale, as the case may be, \r\nextend the time fixed for the payment of the amount found or declared due under sub­rule (1) or of the \r\namount adjudged due in respect of subsequent costs, charges, expenses and interest. \r\n8. Final decree in redemption suit.__ (1) Where, before a final decree debarring the plaintiff \r\nfrom all right to redeem the mortgaged property has been passed or before the confirmation of a sale \r\nheld in pursuance of a final decree passed under sub­rule (3) of this rule, the  plaintiff  makes payment  \r\ninto Court of all amounts due from him under sub­rule (1) of rule 7, the Court shall, on application \r\nmade by the plaintiff in this behalf, pass a final decree or, if such decree has been passed an order__ \r\n(a) ordering the defendant to deliver up the documents referred to in the preliminary \r\ndecree. \r\n and, if necessary,__ \r\n(b) ordering him to re­transfer at the cost of the plaintiff the mortgaged property as \r\ndirected in the said decree, \r\nand, also, if necessary,__ \r\n(c) ordering him to put the plaintiff in possession of the property. \r\n(2) Where the mortgaged property or a part thereof has been sold in pursuance of a decree \r\npassed under, sub­rule (3) of this rule, the Court shall not pass an order under sub­rule (1) of this rule, \r\nunless   the plaintiff, in addition to the amount mentioned is sub­rule (1), deposits in Court for payment \r\nto the purchaser a sum equal to five per cent of the amount of the purchase­money paid into Court by \r\nthe purchaser. \r\nWhere such deposit has been made,  the purchaser shall be entitled to an order for repayment \r\nof the amount of the purchase­money paid into Court by him, together with a sum equal to five  per \r\ncent  thereof. \r\n(3) Where payment in accordance with sub­rule (1) has not been made, the Court shal l, on \r\napplication made by the defendant in this behalf,__ \r\n(a) in the case of a mortgage by conditional sale or of such an anomalous mortgage \r\nas is hereinbefore referred to in rule 7, pass a final decree declaring that the \r\nplaintiff and all persons claiming  under him are debarred from all right to \r\nredeem the mortgaged property and, also, if necessary, ordering the plaintiff to \r\nput the defendant in possession of the mortgaged property; or \r\n(b) in the case of any other mortgage, not being a usufructuary mortgag e, pass a \r\nfinal decree that the mortgaged property or a sufficient part thereof be sold, and \r\nthe proceeds of the sale (after deduction therefrom of the expenses of the sale) \r\nbe paid into Court and applied in payment of what is found due to the defendant, \r\nand the balance, if any, be paid to the plaintiff or other persons entitled to receive \r\nthe same.] \r\n  \r\n   \r\n \r\nPage 154 of 318 \r\n \r\n1[8A Recovery of balance due on mortgage in suit for redemption. Where the net proceeds \r\nof any sale held under the last preceding rule are found insufficient  to pay the amount due to the \r\ndefendant, the Court, on application by him, may, if the balance is legally recoverable from the plaintiff \r\notherwise than out of the property sold, pass a decree for such balance.] \r\n9. Decree where nothing is found due or where  mortgagee has been over paid.  \r\nNotwithstanding anything hereinbefore contained, if it appears, upon taking the account referred to in \r\nrule 7, that nothing is due to the defendant or that he has been overpaid, the Court shall pass a decree \r\ndirecting the defendant, if so required, to re­transfer the property and to pay to the plaintiff the amount \r\nwhich may be found due to him: and the plaintiff shall, if necessary, be put in possession of the \r\nmortgaged property. \r\n1[10. Costs of mortgagee subsequent to decree. In finally adjusting the amount to be paid to \r\na mortgagee in case of a foreclosure, sale or redemption, the Court shall, unless in the case of costs or \r\nthe suit the conduct of the mortgagee has been such as to disentitle him thereto, add to the \r\nmortgage­money such costs of the suit and other costs, charges and expenses as have been properly \r\nincurred by him since the date of the preliminary decree for foreclosure, sale or redemption up to the \r\ntime of actual payment. \r\n11. Payment of interest.  In any decree pas sed in a suit for foreclosure, sale or redemption, \r\nwhere interest is legally recoverable, the Court may order payment of interest to the mortgagee as \r\nfollows, namely:__ \r\n(a) interest upto the date on or before which payment of the amount found or \r\ndeclared due is under the preliminary decree to be made by the mortgagor or \r\nother person redeeming the mortgage__ \r\n(i) on the principal amount found or declared due on the mortgage, at the \r\nrate payable on the principal, or, where no such rate is fixed, at such rate \r\nas the Court deems reasonable, \r\n(ii) on the amount of the costs of the suit awarded to the mortgagee, at such \r\nrate as the Court deems reasonable from the date of the preliminary \r\ndecree, and \r\n(iii) on the amount adjudged due to the mortgagee for costs, charges  and \r\nexpenses properly incurred by the mortgagee in respect of the \r\nmortgage­security up to the date of the preliminary decree and added to \r\nthe mortgage money at the rate agreed between the parties, or, failing \r\nsuch rate, at the same rate as is payable on the principle, or failing both \r\nsuch rates, at nine per cent per annum; and \r\n(b) subsequent interest up to the date of realization or actual payment at such rate \r\nas the Court deems reasonable__ \r\n(i) on the aggregate of the principal sums specified in  clause  (a) and of the  \r\ninterest  thereon as calculated in accordance with that clause; and \r\n \r\n \r\n1Ins. by the Transfer of Property (Amdt.) Supplementary Act, 1919 (21 of 1929), ss.5-6. \r\n   \r\n \r\nPage 155 of 318 \r\n \r\n(ii) on the amount adjudged due to the mortgagee in respect  of such further \r\ncosts, charges  and expenses as may be payable under rule 10.] \r\n12. Sale of property subject to prior mortgage.  Where any property the sale of which is \r\ndirected under this Order is subject to a prior mortgage, the Court may, with the consent of the prior \r\nmortgagee, direct that the property be sold free from the same, giving to such prior mortgagee the same \r\ninterest in the proceeds of the sale as he had in the property sold. \r\n13. Application of proceeds.__ (1) Such proceeds shall be brought into Court and applied a s  \r\nfollows:__ \r\nfirst, in payment of all expenses incident to the sale or properly incurred in any attempted sale; \r\nsecondly, in payment of whatever is due to the prior mortgagee on account of the prior \r\nmortgage, and of costs, properly incurred in connection therewith; \r\nthirdly, in payment of all interest due on account of the mortgage in consequence whereof the \r\nsale was directed, and of the cost of the suit in which the decree directing the sale was \r\nmade; \r\nfourthly, in payment of the principal money due on account of that mortgage; and \r\nlastly, the residue (if any) shall be paid to the person proving himself to the interested in the \r\nproperty sold, or if there are more such persons than one, then to such persons according \r\nto their respective interests therein or upon their joint receipt. \r\n(2) Nothing in this rule or in rule 12 shall be deemed to affect the powers conferred by section \r\n57 of the Transfer of Property Act, 1882 (IV of 1882). \r\n14. Suit for sale necessary for bringing mortgaged property to sale. __  (1) Where  a  \r\nmortgagee  has obtained a decree for the payment  of money in  satisfaction of a  claim arising under \r\nthe  mortgage, he shall not be entitled to bring the mortg aged property to sale otherwise than by \r\ninstituting a  suit  for sale in enforcement of the mortgage, and he may institute such suit  \r\nnotwithstanding anything contained  in Order II, rule 2. \r\n(2) Nothing in sub­rule (1) shall apply to any territories to which the Transfer of Property Act, \r\n1882 (IV of 1882), has not been extended. \r\n1[15. Mortgages by the deposit of title­deeds and charges.  All the provisions contained in \r\nthis Order which apply to a simple mortgage shall, so far as may be, apply to a mortgage by deposit of \r\ntitle­ deeds within the meaning of section 58, and to a charge within the meaning of section 100 of  the \r\nTransfer of Property Act, 1882 (IV of 1882)] \r\n_______ \r\n \r\n \r\n1Subs. by the Transfer of Property (Amdt.) Supplementary Act, 1929 (XXI of 1929), s.7. \r\n  \r\n   \r\n \r\nPage 156 of 318 \r\n \r\nORDER XXXV \r\nINTERPLEADER \r\n1. Plaint in interpleader­suits. In every suit of interpleader the plaint shall, in addition to other \r\nstatements necessary for plaints, state__ \r\n(a) that the plaintiff claims no interest in the subject­matter in dispute other than for \r\ncharges or costs; \r\n(b) the claims made by the defendants severally ; and \r\n(c) that there is no collusion between the plaintiff and any of the defendants. \r\n2. Payment of thing claimed into Court.  Where the thing claimed is capable of being paid \r\ninto Court or placed in the custody of the Court, the plaintiff may be required to so pay or place it \r\nbefore he can be entitled to any order in the suit. \r\n3. Procedure where defen dant issuing plaintiff.  Where any of the defendants in an \r\ninterpleader­suit is actually suing the plaintiff in respect of the  subject­matter of such suit, the  Court  \r\nin  which the  suit against  the plaintiff is pending shall, on being informed by the Co urt in which the \r\ninterpleader-suit  has been instituted, stay the proceedings as against him; and his costs in the suit so \r\nstayed may be provided for in such suit; but if, and in so far as, they are not provided for in  that  suit, \r\nthey may be  added to his costs incurred in the interpleader­suit. \r\n4. Procedure at first hearing.__ (1) At the first hearing the Court may__ \r\n(a) declare that the plaintiff is discharged from all liability to the defendants in \r\nrespect of the thing claimed, award him his costs, and dismiss him from the suit; \r\nor \r\n(b) if it thinks that justice or convenience so require, retain all parties until the final \r\ndisposal of the suit. \r\n(2) Where the Court finds that the admissions of the parties or other evidence enable it to do \r\nso, it may adjudicate the title to the thing claimed. \r\n(3) Where the admissions of the parties do not enable the Court so to adjudicate, it may direct__ \r\n(a) that an issue or issues between the parties be framed and tried, and \r\n(b) that any claimant be made a plaintiff in lieu of or in addition to the original \r\nplaintiff,  \r\nand shall proceed to try the suit in the ordinary manner. \r\n5. Agents and tenants may not institute interpleader suits.  Nothing in this Order shall be \r\ndeemed to enable agents to sue their principals, or tenants to sue their landlords, for the  purpose of \r\ncompelling them to interplead with any persons other than persons making claim through such \r\nprincipals or the landlords. \r\n  \r\n   \r\n \r\nPage 157 of 318 \r\n \r\nIllustrations \r\n(a) A deposits a box of jewels with B as his agent. C alleges that the jewels were wrongfully \r\nobtained from him by A, and claims them from B. B cannot institute an interpleader­suit against A and \r\nC. \r\n(b) A deposits a box of jewels with B as his agent. He then writes to C for the purpose of \r\nmaking the jewels a security for a debt due from himself to C. A afterwards alleges that C's debt is \r\nsatisfied, and C alleges the contrary. Both claim the jewels from B. B may institute an interpleader­suit \r\nagainst A and C. \r\n6. Charge for plaintiff's costs. Where the suit is properly instituted the Court may provide for \r\nthe costs of the original plaintiff by giving him a charge on the  thing claimed  or in  some  other \r\neffectual  way. \r\n________ \r\nORDER XXXVI \r\nSPECIAL CASE \r\n1. Power to state case for Court opinion. __ (1) Parties claiming to be  interested in  the  \r\ndecision of any question of fact or law may enter into an agreement in  writing stating such question \r\nin  the  form of  a case for the opinion of the C ourt, and providing that, upon the finding of the Court  \r\nwith  respect  to such question,__ \r\n(a) a sum of money fixed by the parties or to be determined by the Court shall be \r\npaid by one of the parties to the other of them ; or \r\n(b) some property, movable or  immovable, specified in the agreement, shall be \r\ndelivered by one of the parties to the other of them; or \r\n(c) one or more of the parties shall do, or refrain from doing, some other particular \r\nact specified in the agreement. \r\n(2) Every case stated under this rule shall be divided into consecutively numbered paragraphs, \r\nand shall concisely state such facts and specify such documents as may be necessary to enable the \r\nCourt to decide the question raised thereby. \r\n2. Where value of subject­matter must be stated. Where the agreement is for the delivery of \r\nany property, or for the doing, or the refraining from doing, any particular act, the estimated value of \r\nthe property to be delivered, or to which the act specified has reference, shall be stated in the agreement. \r\n3. Agreement to be filed and regietered as suit.__ (1) The agreement, if framed in accordance \r\nwith the rules hereinbefore contained, may be filed in the Court which would have jurisdiction to \r\nentertain a suit, the amount or value of the subject­matter of which is the same as the amount or value \r\nof the subject­matter of the agreement. \r\n(2) The agreement when so filed, shall be  numbered and registered as a  suit  between one  or \r\nmore of the parties claiming to be interested as plaintiff or plaintiffs, and the other or the others of \r\nthem as defendant or defen dants; and notice shall be given to all the parties to the  agreement, other \r\nthan the  party or parties by whom it was presented. \r\n   \r\n \r\nPage 158 of 318 \r\n \r\n4. Parties to be subject to Court ’s jurisdiction.  Where the agreement has been filed, the \r\nparties to it shall be subject to th e jurisdiction of the Court and shall be bound by the statements \r\ncontained therein. \r\n5. Hearing and disposal of case.__ (1) The case shall be set down for hearing as a suit instituted \r\nin the ordinary manner, and the provisions of this Code shall apply to such suits so far as the same are \r\napplicable. \r\n(2) Where the Court is satisfied, after examination of the parties or after taking such evidence \r\nas it thinks fit,__ \r\n(a) that the agreement was duly executed by them, \r\n(b) that they have a bona fide interest in the question stated therein, and \r\n(c) that the same is fit to be decided, \r\nit shall proceed to pronounce judgement thereon, in the same way as in an ordinary suit, and upon the \r\njudgement so pronounced a decree shall follow. \r\n_______ \r\nORDER XXXVII \r\nSUMMARY PROCEDURE ON NEGOTIABLE INSTRUMENTS \r\n1[1. Application of Order . This order shall apply only to the High Court 2[, to the District \r\nCourt, and to any other Civil Court notified in this behalf by the High Court].] \r\n2. Institution of summary suits upon bills of   exchange, etc. __ (1) All suits upon bills of  \r\nexchange, hundies or promissory notes may, in case the plaintiff desires to proceed hereunder, be \r\ninstituted by presenting a plaint in the form prescribed; but the summons shall  be in Form No.4 in \r\nAppendix B or in such other form as may be from time to time prescribed. \r\n(2) In any case in which the plaint and summons are in such forms, respectively the defendant \r\nshall not appear or defend the suit unless he obtains leave from a Ju dge as hereinafter provided so to \r\nappear and defend; and, in default of his obtaining such leave or of his appearance and defence in \r\npursuance thereof, the allegations in the plaint shall be deemed to be admitted, and the plaintiff shall \r\nbe entitled to a decree__ \r\n3[(a) for the principal sum due on the  instrument and for interest calculated in  \r\naccordance  with  the provisions of section 79 or section 80, as the case may be,  \r\nof  the  Negotiable Instruments Act, 1881, (XXVI of 1881) up to the date of the  \r\ninstitution of the  suit, or for  the sum mentioned in the summons, whichever is \r\nless, and for interest up to the date of the decree at the same rate or at such other \r\nrate as the Court thinks fit; and \r\n \r\n1The original rule 1 has successively been amended by A.O., 1937 A.O., 1949, the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and \r\n2nd Sch. (with effect from the 14th October, 1955) and the civil Procedure and Limitation (Amdt.) Ordinance, 1961 (9 of 1961), s.2, to read as above. \r\n2Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. for “and to the District Court”. \r\n3Subs. by the Negotiable Instruments (Interest) Act, 1926 (30 of 1926), section 4, for certain original words. \r\n \r\n   \r\n \r\nPage 159 of 318 \r\n \r\n(b) for such subsequent interest, if any, as the Court may order under section 34 of \r\nthis Code;  and \r\n(c) for such sum for costs as may be prescribed: \r\nProvided that, if the plaintiff claims more than such fixed sum for costs, the costs shall \r\nbe ascertained in the ordinary way. \r\n(3) A decree passed under this rule may be executed forthwith.] \r\n3. Defendant showing defence on merit to have leave to appear.__ (1) The Court shall, upon \r\napplication by the defendant, give leave to appea r and to defend the  suit,  upon  affidavits  which  \r\ndisclose such facts as would make it  incumbent  on the  holder to prove  consideration, or such other  \r\nfacts as the Court may deem sufficient to support the application. \r\n(2) Leave to defend may be given unconditionally or subject to such terms as to payment into \r\nCourt, giving security, framing and recording issues or otherwise as the Court thinks fit. \r\n1[(3) The provisions of section 5 of the Limitation Act, 1908 ( IX of 1908 ), shall apply to \r\napplications under sub­rule (1),]. \r\n4. Power to set aside decree.  After decree the Court may, under special circumstances, set \r\naside the decree, and if necessary stay or set aside execution, and may give leave to the defendant to \r\nappear to the summons and to defend the suit, if it seems reasonable to the Court so to do, and on such \r\nterms as the Court thinks fit. \r\n5. Power to order bill, etc., to be deposited with officer Court.  In any proceedings under \r\nthis Order the Court may order the bill, hundi or note on which the suit is founded to be forthwith \r\ndeposited with an officer of the Court, and may further order that all proceedings shall be stayed until \r\nthe plaintiff gives security for the costs thereof. \r\n6. Recovery of cost of nothing non­acceptance of dishonoured bill or note.  The holder of \r\nevery dishonoured bill of exchange or promissory note shall have the same remedies for the recovery \r\nof the expe nses incurred in noting the same for non­acceptance or non­payment, or otherwise, by \r\nreason of such dishonour, as he has under this Order for the recovery of the amount of such bill or \r\nnote. \r\n7. Procedure suits. Save as provided by this Order, the procedure  in suits hereunder shall be \r\nthe same as the procedure in suits instituted in the ordinary manner. \r\n_______ \r\nORDER XXXVIII \r\nARREST AND ATTACHMENT BEFORE JUDGMENT \r\nArrest before Judgment \r\n1. Where defendant may be called upon to furnish security for appearnce.  Where at any \r\nstage of a suit, other than a suit of the nature referred to in section 16, clauses (a) to (d), the Court is \r\nsatisfied, by affidavit or otherwise,__ \r\n \r\n1Added by the Code of Civil Procedure (Amdt.), Ordinance, 1980 (X of 1980), s.14. \r\n   \r\n \r\nPage 160 of 318 \r\n \r\n(a) that the defendant, with intent to delay the plaintiff, or to avoid any process of \r\nthe Court or to obstruct or delay the execution of any decree that may be passed \r\nagainst him,__ \r\n(i) has absconded or left the local limits of the jurisdiction of the Court, or \r\n(ii) is about to abscond or leave the local limits of the jurisdiction of the \r\nCourt, or \r\n(iii) has disposed of or removed from the local limits of the jurisdiction of \r\nthe Court his property or any part thereof, or \r\n(b) that the defendant is about to leave 1[Pakistan] under circumstances affording \r\nreasonable probability that the plaintiff will or may thereby be obstructed or \r\ndelayed in the execution of any decree that may be passed against the defendant \r\nin the suit, \r\nthe Court may issue a warrant to arrest the defendant and bring him before the Court to show cause \r\nwhy he should not furnish security for his appearance: \r\nProvided that the defendant shall not be arrested if he pays to the officer entrusted with the \r\nexecution of the warrant any sum specified in the warrant as sufficient to satisfy the plaintiff’s claim;  \r\nand such sum shall be held in deposit by the Court until the suit is disposed of or until the further order \r\nof the Court. \r\n2. Security.__ (1) Where the defendant fails to show such cause the Court shall order him either \r\nto deposit in Court money or other property sufficient to answer the claim against him, or  to  furnish \r\nsecurity for his appearance at any time when called upon while the suit is pending and until satisfaction \r\nof any decree that may be passed against him in the suit, or make such order as it thinks fit, in regard \r\nto the sum which may have been paid by the defendant under the proviso to the last preceding rule. \r\n(2) Every surety for the appearance of a defendant shall bind himself, in defau lt of such \r\nappearance, to pay any sum of money which the defendant may be ordered to pay in the suit. \r\n3. Procedure on application by surety to be discharged.__ (1) A surety for the appearance of \r\na defendant may at any time apply to the Court  in  which he  became  such surety to be  discharged \r\nfrom his obligation. \r\n(2) On such application being made, the Court shall summon the defendant to appear or, if it \r\nthinks fit, may issue a warrant for his arrest in the first instance. \r\n(3) On the appearance of the defe ndant in pursuance of the summons or warrant, or on his \r\nvoluntary surrender, the Court shall direct the surety to be discharged from his obligation, and shall \r\ncall upon the defendant to find fresh security. \r\n4. Procedure where defendant fails to furnish security or find fresh security.  Where the \r\ndefendant fails to comply with any order under rule 2 or rule 3, the Court may commit him to 2[* * *] \r\nprison until the decision of the suit or, where a decree is passed against the defendant, until the decree \r\nhas been satisfied: \r\n1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Provinces \r\nand the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”. \r\n2Omitted by Act XIV of 1994, s.11. \r\n   \r\n \r\nPage 161 of 318 \r\n \r\nProvided that no person shall be detained in prison under this rule in any case for a longer \r\nperiod than six months, nor for a longer period than six weeks when the amount or value of the \r\nsubject­matter   of the suit does not exceed fifty rupees: \r\nProvided also that no person shall be detained in prison under this rule after he has complied \r\nwith such order. \r\nAttachment before Judgment \r\n5. Where defendant may be called upon to furnish security for production of property. __ \r\n(1) Where, at any stage of a suit, the Court is satisfied, by affidavit or otherwise, that the defendant, \r\nwith intent to obstruct or delay the execution of any decree that may be passed against him__ \r\n(a) is about to dispose of the whole or any part of his property, or \r\n(b) is about to remove the whole or any part of his property from the local limits of \r\nthe jurisdiction of the Court, \r\nthe Court may direct the defendant, within a time to be fixed by it, either to furnish security, in such \r\nsum as may be specified in the order, to produce and place at the disposal of the Court, when required, \r\nthe said property or the value of the same, or such portion thereof as may  be sufficient to satisfy the \r\ndecree, or to appear and show cause why he should not furnish security. \r\n(2) The plaintiff shall, unless the Court otherwise directs, specify the property required to be \r\nattached and the estimated value thereof. \r\n(3) The Court may also in the order direct the conditional attachment of the whole or any \r\nportion of the property so specified. \r\n6. Attachment where cause not shown or security not furnished.__ (1) Where the defendant \r\nfails  to show cause why he should not furnish security, or fails to furnish the  security required, within  \r\nthe  time fixed by the Court, the Court may order that the property specified, or such portion thereof \r\nas appears sufficient to satisfy any decree which may be passed in the suit, be attached. \r\n(2) Where the defendant shows such cause or furnishes the required security, and the property \r\nspecified or any portion of it has been attached, the Court shall order the attachment to be withdrawn, \r\nmake such other order as it thinks fit. \r\n7. Mode of making attachment . Save as otherwise expressly provided, the attachment shall \r\nbe made in the manner provided for the attachment of property in execution of a decree. \r\n8. Investigation of claim to property attached before judgment.  Where any claim is \r\npreferred to property attached before judgment, such claim shall be investigated in  the  manner  \r\nhereinbefore provided for the investigation of claims to property attached in  execution of a  decree   \r\nfor the  payment  of money. \r\n9. Removal of attachemnt when security furnished or suit dismissed.  Where  an order is  \r\nmade  for attachment before judgment, the Court shall order the attachment to be withdrawn when the  \r\ndefendant furnishes the security required, together with security for the  costs of  the  attachment,  or \r\nwhen the suit is dismissed. \r\n \r\n   \r\n \r\nPage 162 of 318 \r\n \r\n10. Attachment before judgment not to affect rights of strangers nor bar decree­holder \r\nfrom applying for sale.  Attachment before judgment shall not affect the rights, existing prior to the \r\nattachment, of persons not parties to the suit, nor bar any person holding a decree against the defendant \r\nfrom applying for the sale of the property under attachment in execution of such decree. \r\n11. Property attached before judgment not to be re­attached in execution of decree. Where \r\nproperty is under attachment by virtue of the provisions of this Order and a decree is subsequently \r\npassed in favour of the plaintiff, it shall not be necessary upon an application for execution of such \r\ndecree to apply for a re­attachment of the property. \r\n12. Agricultural produce not attachable before judgment.  Nothing in this Order shall be \r\ndeemed to authorise the plaintiff to apply for the attachment of any agricultural produce in the  \r\npossession of an agriculturist, or to empower the Court to order the attachment or production of such \r\nproduce. \r\n1[13. Small Cause Court not to attach immoveable property. Nothing in this Order shall be \r\ndeemed to empower any Court of Small Causes to make an order for the attachment of immovable \r\nproperty.] \r\nORDER XXXIX \r\nTEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS \r\nTemporary Injunctions \r\n1. Cases in which temporary injunction may be granted.  Where in any suit it is proved by \r\naffidavit or otherwise__ \r\n(a) that any property in dispute in a suit is in danger of being wasted, damaged or \r\nalienated by any party to the suit, or wrongfully sold in execution of a decree, \r\nor \r\n(b)  that the defendant threatens, or intends, to remove or dispose of his property \r\nwith a view to defraud his creditors. \r\nthe Court may by order grant a temporary injunction to restrain such act, or make such other order  for \r\nthe purpose of staying and preventing the wasting, damaging,  alienation,  sale,  removal  or  disposition \r\nof the property as the Court thinks fit, until the disposal of the suit or until further orders. \r\n2. Injunction to restrain repetition or continuance of breach.__ (1) In any suit for restraining \r\nthe defendant from committing a  breach of contract  or other injury  of any kind, whether compensation \r\nis claimed in the suit or not, the plaintiff may, at any time  after the  commencement  of the  suit, and  \r\neither before or after judgment, apply to the Court for a temporary injunction to restrain the defendant \r\nfrom committing the breach of contract  or injury  complained of, or any breach of contract  or injury  \r\nof  a like kind arising out of the same contract or relating to the same property or right. \r\n(2) The Court may by order grant such injunction, on such terms as to the duration of the \r\ninjunction, keeping an account, giving security or otherwise, as the Court thinks fit. \r\n \r\n1Ins. by the Small Cause Courts (Attachment of Immovable Property) Act, 1926 (I of 1926), s.4. \r\n   \r\n \r\nPage 163 of 318 \r\n \r\n(3) In case of disobedience, or of breach of any such terms, the Court granting an injunction \r\nmay order the property of the person guilty of such disobedience or breach to be attached, and may \r\nalso order such person to be detained in 1[* * *] prison for a term not exceeding six months, unless in \r\nthe meantime the Court directs his release. \r\n(4) No attachment under this rule shall remain in force for more than one year, at the end of \r\nwhich time, if the disobedience or breach continues, the property attached may be sold, and out of the \r\nproceeds the Court may award such compensation as it thinks fit, and shall pay the balance, if any, to \r\nthe party entitled thereto. \r\n1[(2A) An interim injunction passed  under rules 1 or 2 in the absence of defendant shall not \r\nordinarily exceed fifteen days: \r\nProvided that such injunction may be extended for failure of its service on the defendant when \r\nsuch failure is not attributable to the plaintiff or when the defendant  seeks time for defence of \r\napplication for injunction. \r\n(2B) The order of injunction made under rules 1 or 2 after hearing the parties or after notice to \r\nthe defendant shall cease to have effect on the expiration of six months unless extended by the Court \r\nafter hearing the parties again and for reasons to be recorded for such extension: \r\nProvided that report of such extension shall be submitted to the High Court.] \r\n2[3. Before granting injunction Court to direct notice to opposite party. The Court shall in \r\nall cases, before granting an injunction direct notice of the application for the same to be given to the \r\nopposite­party: \r\n3[Provided that, except in the case of sale  of goods for default in payment, at the stipulated \r\ntime, of   a debt in respect of which the goods were pledged with any bank, or where the  injunction is  \r\nto be  granted against Government or a Government servant as such or any statutory authority, board \r\nor corporation set up or established by Government in any case not involving the ejectment o f any \r\nperson from, or the demolition of, any premises, the Court may, where it appears that the object of \r\ngranting injunction would be defeted by the delay, dispense with such notice: \r\nProvided further that the period of notice under this rule to Government  or a Government \r\nservant as such or any statutory authority, board or corporation set up or established by Government \r\nshall not be less than two days nor exceed seven days.] \r\n4. Order for injunction may  be discharged,  varied or set aside.  Any order for an injunction  \r\nmay be discharged, or varied, or set aside by the Court, on application made thereto by any party \r\ndissatisfied with such order. \r\n4[4A. Injunction to cease to be in force after certain period.  An injunction granted by a \r\nCourt in  a suit which s eeks to question the validity or legal effect of any order made, proceedings \r\ntaken or act  done by any authority or person, which has been made, taken or done, or purports to have \r\nbeen made, taken or done, under any law which is specified in Part I of the First Schedule to the \r\nConstitution or relates to, or is connected with, assessment or collection of public  revenues shall cease  \r\nto have  effect  on the expiration of a period of 5[ six months] following the day on which it is made, \r\n1Omitted and Ins. by Act XIV of 1994,s.11. \r\n2Subs. by the civil Procedure and Limitation (Amdt.) Ordinance, 1961 (9 of 1961), s.2, for the original rule3. \r\n3Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. for the original provisos. \r\n4Rule 4A ins. by the code of Civil Procedure (Amdt.) Act, 1976 (15 of 1976), s.2. \r\n5Subs. by the code of Civil Procedure (Amdt.) Ordinance, 1977 (25 of 1977), s.2,f or “sixty days”. \r\n   \r\n \r\nPage 164 of 318 \r\n \r\nunless the case is finally decided, or the injunction is discharged or set aside, by the Court earlier. \r\nExplanation.__ In this rule, 'public revenues' includes the dues of any bank owned by the \r\nFederal Government or of any corporation or undertaking owned or controlled by the Federal \r\nGovernment or a Provincial Government.] \r\n5. Injuction to corporation binding on its officers. An injunction directed to a corporation is \r\nbinding not only on the corporation itself, but also on all members and officers of the corporation \r\nwhose personal action it seeks to restrain. \r\nInterlocutory Orders \r\n6. Power to order interim sale. The Court may, on the application of any party to a suit, order \r\nthe sale, by any person named in such order, and in such manner and on such terms as it thinks fit, of \r\nany movable property, being the subject­matter of such suit, or attached before judgment in such suit, \r\nwhich is subject to speedy and natural decay, or which for any other just and sufficient cause it may \r\nbe desirable to have sold at once. \r\n7. Detention, preservation, inspection, etc., of subject­matter of suit. __ (1) The Court may, \r\non the application of any party to a suit, and on such terms as it thinks fit,__ \r\n(a) make an order for the detention, preservation or inspection of any property \r\nwhich is the subject­matter of such suit, or as to which any question may arise \r\ntherein; \r\n(b) for all o r any of the purposes aforesaid authorise any person to enter upon or \r\ninto any land   or building in the possession of any other party to such suit; and \r\n(c) for all or any of the purposes aforesaid authorise any samples to be taken, or any \r\nobservation to be made or experiment to be tried, which may seem necessary or \r\nexpedient for the purpose of obtaining full information or evidence. \r\n(2) The provisions as to execution of process shall apply, mutatis mutandis , to persons \r\nauthorised to enter under this rule. \r\n8. Application for such orders to be after notice.__ (1) An application by the plaintiff for an \r\norder under rule 6 or rule 7 may be made after notice to the defendant at any time after institution of \r\nthe suit. \r\n(2) An application by the defendant for a like order may be made after notice to the plaintiff at \r\nany time after appearance. \r\n9. When party may be put in immediate possession of land the subject­matter of suit.  \r\nWhere land paying revenue to Government, or a tenure liable to sale, is the subject matter of a suit, if \r\nthe party in possession of such land or tenure neglects to pay the Government revenue, or the rent due \r\nto the proprietor of the tenure, as the case may be, and such land or tenure is consequently ordered to \r\nbe sold, any other party to the sui t claiming to have an interest in such land or tenure may, upon \r\npayment of the revenue or rent due previously to the sale (and with or without security at the discretion \r\nof the Court), be put in immediate  possession  of  the  land  or tenure; \r\n  \r\n   \r\n \r\nPage 165 of 318 \r\n \r\nand the Court in its decree may award against the defaulter the amount so paid, with interest \r\nthereon at such rate as the Court thinks fit, or may charge the amount so paid, with interest thereon at \r\nsuch rate as the Court orders, in any adjustment of accounts which may be directed in the decree passed \r\nin the suit. \r\n10. Deposit of money, etc., in Court.  Where the subject­matter of a suit is money or some \r\nother thing capable of delivery, and any party thereto admits that he holds such money or other thing \r\nas a trustee for another party, or that it belongs or is due to another party, the Court may order the same \r\nto be deposited in Court or delivered to such last­named party, with or without security, subject to the \r\nfurther direction of the Court. \r\nORDER XL \r\nAPPOINTMENT OF RECEIVERS \r\n1. Appointment of recievers.__ (1) Where it appears to the Court to be just  and convenient, \r\nthe  court may by order__ \r\n(a) appoint a receiver of any property, whether before or after decree; \r\n(b) remove any person from the possession or custody of the property; \r\n(c) commit the same to the possession, custody or management of the receiver; and \r\n(d) confer upon the receiver all such powers, as to bringing and defending suits and \r\nfor the realization, management, protection, preservation and improvement o f \r\nthe property, the collection of the rents and profits thereof, the application and \r\ndisposal of such rents and profits, and the execution of documents as the owner \r\nhimself has, or such of those powers as the Court thinks fit. \r\n(2) Nothing in this rule shall authorise the Court to remove from the possession or custody of \r\nproperty any person whom any party to the suit has not present right so to remove. \r\n2. Remuneration. The Court may by general or special order fix the amount to be paid as \r\nremuneration for the service of the receiver. \r\n3. Duties. Every receiver so appointed shall__ \r\n(a) furnish such security (if any) as the Court thinks fit, duly to account for what he \r\nshall receive in respect of the property; \r\n(b) submit his accounts at such periods and in such form as the Court directs; \r\n(c) pay the amount due from him as the Court directs; and \r\n(d) be responsible for any loss occasioned to the property by his wilful default or \r\ngross negligence. \r\n4. Enforcement of receiver’s duties. Where a receiver__ \r\n(a) fails to submit his accounts at such periods and in such form as the Court directs, \r\nor \r\n   \r\n \r\nPage 166 of 318 \r\n \r\n(b) fails to pay the amount due from him as the Court directs, or \r\n(c) occasions loss to the property by his wilful default or gross negligence, \r\nthe Court may direct his property to be attached and may sell such property, and may apply the \r\nproceeds to make good any amount found to be due from him or any loss occasioned by him, and shall \r\npay the balance (if any) to the receiver. \r\n5. When Collector may be appointed receiver. Where the property is land paying revenue to \r\nthe Government, or land of which the revenue has been assigned or redeemed and the Court considers \r\nthat the interest of those concerned will be promoted by the management of the Collector, the Court \r\nmay, with the consent of the Collector, appoint him to be receiver of such property. \r\n_______ \r\nORDER XLI \r\nAPPEALS FROM ORIGINAL DECREES \r\n1. Form of appeal. What to accompany memorandum.__ (1) Every  appeal shall be  preferred  \r\nin the form of a memorandum signed by the ap pellant or his pleader and presented to the Court or to \r\nsuch officer as it appoints in this behalf. The memorandum shall be accompanied by a copy of the \r\ndecree appealed from and (unless the Appellate Court dispenses therewith) of the judgment on which \r\nit is founded. \r\n(2) Contents of memorandum. The memorandum shall set forth, concisely and under distinct \r\nheads, the grounds of objection to the decree appealed from without any argument or narrative;  and \r\nsuch grounds shall be numbered consecutively. \r\n2. Grounds which may be taken in appeal.  The appellant shall not, except by leave of the \r\nCourt, urge or be heard in support of any ground of objection not set forth in the memorandum of \r\nappeal; but  the Appellate Court, in deciding the appeal, shall not be confined t o the grounds of \r\nobjection set forth in the memorandum of appeal or taken by leave of the Court under this rule: \r\nProvided that the Court shall not rest its decision on any other ground unless the party who may \r\nbe affected thereby has had a sufficient opportunity of contesting the case on that ground. \r\n3. Rejection or amendment of memorandum.__ (1) Where the memorandum of appeal is not \r\ndrawn up in the manner hereinbefore prescribed, it may be rejected, or be returned to the appellant for  \r\nthe purpose of being amended within a time to be fixed by the Court or be amended then and there. \r\n(2) Where the Court rejects any memorandum, it shall record the reasons for such rejection. \r\n(3) Where a memorandum of appeal is amended, the Judge, or such officer as he appoints  in \r\nthis behalf, shall sign or initial the amendment. \r\n4. One of several plaintiffs or defendants may obtain reversal of whole decree where it \r\nproceeds on ground common to all. Where there are more plaintiffs or more defendants than one in \r\na suit, and the decree appealed from proceeds on any ground common to all the plaintiffs or to all the \r\ndefendants, any one of the plaintiffs or of the defendants may appeal from the whole decree, and \r\nthereupon the Appellate Court may reverse or vary the decree in favour of  all the plaintiffs or \r\ndefendants, as the case may be. \r\n   \r\n \r\nPage 167 of 318 \r\n \r\nStay of Preceding and of Execution \r\n5. Stay by Appellate Court.__ (1) An appeal shall not operate as a stay of proceedings under  \r\na decree or order appealed from except so far as the Appellate Court may order, nor shall execution of \r\na decree be stayed by reason only of an appeal having been preferred from the decree; but the Appellate \r\nCourt may for sufficient cause order stay of execution of such decree. \r\n(2) Stay by Court which passed the decree.  Where an application is made  for stay of \r\nexecution of an appealable decree before the expiration of the time allowed for appea ling therefrom, \r\nthe Court which passed the decree may on sufficient cause being shown order the execution to be \r\nstayed. \r\n(3) No order for stay of execution shall be made under sub­rule (1) or sub­rule  (2) unless the \r\nCourt making it is satisfied__ \r\n(a) that substantial loss may result to the party applying for stay of execution unless \r\nthe order is made; \r\n(b) that the application has been made without unreasonable delay; and \r\n(c) that security has been given by the applicant for the due performance of such \r\ndecree or order as may ultimately be binding upon him. \r\n(4) Notwithstanding anything contained in sub­rule(3), the Court may make an ex parte order \r\nfor  stay of execution pending the hearing of the application. \r\n6. Security in case of order for execution of decree appealed from.__ (1) Where an order is \r\nmade for the execution of a decree  from which an appeal is pending, the  Court  which passed the  \r\ndecree  shall, on sufficient cause being shown by the  appellant, require  security to be  taken for the  \r\nrestitution of any property which may be or has been taken in execution of the decree or for the payment \r\nof the value of such property and for the due performance of the decree  or order of the  Appellate  \r\nCourt, or  the Appellate Court may for like cause direct the Court which passed the decree to take such \r\nsecurity. \r\n(2) Where an order has been made for the sale of immovable property in execution of a decree, \r\nand an appeal is pending from such decree, the sale shall, on the application of the judgment­debtor to \r\nthe Court which made the order, be stayed on such terms as to giving security or otherwise as the Court \r\nthinks fit until the appeal is dispose of. \r\n17. [No security to be required from the Government or a public officer in certain cases.] Rep.  \r\nby A.O., 1937. \r\n8. Exercise of powers in appeal from order made in execution of decree.  The powers \r\nconferred by Rules 5 and 6 shall be exercisable where an appeal may be or has been preferred not from \r\nthe decree but from an order made in execution of such decree [:]2 \r\n2[Provided that, where such appeal has been preferred by the judgment­debtor, he shall be \r\nrequired, unless the Court is of opinion that prima facie the appeal is one which must succeed owing \r\nto an error apparent on the face of the record,__ \r\n \r\n1See Order XXVII, rule 8A, supra. \r\n2Subs. and added by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. For, full­stop. \r\n   \r\n \r\nPage 168 of 318 \r\n \r\n(a) in the case of a decree for the payment of money, to deposit the decretal \r\namount or to furnish security for its payment; and \r\n(b) in the case of any other decree, to furnish security for the d ue performance of \r\nthe decree.] \r\nProcedure on Admission of Appeal \r\n9. Registry of memorandum of appeal. __ (1) Where a memorandum of appeal is admitted, \r\nthe Appellate Court or the proper officer or that Court shall endorse thereon the date of presentation, \r\nand shall register the appeal in a book to be kept for the purpose. \r\n(2) Register of Appeals. Such book shall be called the Register of Appeals. \r\n10. Appellate Court may require appellant to furnish security for costs. __ (1) The  \r\nAppellate  court may, in its discretion, either before the respondent is called upon to appear and answer \r\nor afterwards on the applic ation of the respondent, demand from the appellant security for  the costs \r\nof the appeal, or of the original suit, or of both: \r\nWhere appellant resides out of Pakistan. Provided that the Court shall demand such security \r\nin all cases in which the appellant is residing out of 1[Pakistan], and is not possessed of any sufficient \r\nimmovable property within 1[Pakistan] other than the property (if any) to which the appeal relates. \r\n(2) Where such security is not furnished within such time as the Court orders, the Court shall \r\nreject the appeal. \r\n11. Power to dismiss appeal without sending notice to Lower Court .__ (1) The Appellate \r\nCourt, after sending for the record if it thinks fit so to do, and after fixing a day for hearing the appellant \r\nor his pleader and hearing him accordingly if he appears on that day, may dismiss the appeal without \r\nsending notice to the Court from whose decree the appeal is preferred and without serving notice on \r\nthe respondent or his pleader. \r\n(2) If on the day fixed or any other day to which the hearing may be adjourned the appellant \r\ndoes not appear when the appeal is called on for hearing, the Court may make an order that the appeal \r\nbe dismissed. \r\n(3) The dismissal of an appeal under this rule shall be notified to the Court from whose decree \r\nthe appeal is preferred. \r\n12. Day for hearing appeal.__ (1) Unless the Appellate Court dismisses the appeal under rule \r\n11, it shall fix a day for hearing the appeal. \r\n(2) Such day shall be fixed with reference to the current business of the Court, the place o f \r\nresidence of the respondent, and the time necessary for the service of the notice of appeal, so as to \r\nallow the respondent sufficient time to appear and answer the appeal on such day. \r\n13. Appellate Court to give notice to Court whose decree appealed from.__ (1) Where the \r\nappeal  is not dismissed under rule 11, the Appellate Court shall send notice of the appeal to the Court \r\nfrom whose decree the appeal is preferred. \r\n \r\n1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955). \r\n   \r\n \r\nPage 169 of 318 \r\n \r\n(2) Transmission of papers to Appellate Court. Where the appeal is from the decree of a \r\nCourt, the records of which are not deposited in the Appellate Court, the Court receiving such notice \r\nshall send with all practicable dispatch all material papers, in the suit, or such papers as may be \r\nspecially called for by the Appellate Court. \r\n(3) Copies of exhibits in Court whose decree appealed from.   Either party may apply in \r\nwriting   to the Court from whose decree the appeal is preferred, specifying any of the papers in such \r\nCourt of which he requires copies to be made; and copies of such papers shall be made at the expense, \r\nof and given to, the applicant. \r\n14. Publication and service of notice of day for hearing appeal.__ (1) Notice of the  day  \r\nfixed under rule 12 shall be affixed in the Appellate Court­house, and a like notice shall be sent by  the \r\nAppellate Court to the Court from whose decree the appeal is preferred, and shall be served on the \r\nrespondent or on  his pleader in the Appellate Court in the manner provided for the service  on  a \r\ndefendant of a summons to appear and answer; and all the provisions applicable to such summons, and   \r\nto proceedings with reference to the service thereof, shall apply to the service of such notice. \r\n(2) Appellate Court may itself cause notice to be served. Instead of sending the notice to the \r\nCourt from whose decree the appeal is preferred, the Appellate Court may itself cause the notice to be \r\nserved on the respondent or his pleader under the provisions above referred to. \r\n15. Contents of notice. The notice to the respondent shall declare that, if he does not appear \r\nin the Appellate Court on the day so fixed the appeal will be heard ex parte. \r\nProcedure on Hearing \r\n16. Right to begin.__ (1) On the day fixed, or on any other day to which the hearing may be \r\nadjourned, the appellant shall be heard in support of the appeal. \r\n(2) The Court shall then, if it does not dismiss the appeal at once, hear the respondent against \r\nthe appeal, and in such case the appellant shall be entitled to reply. \r\n17. Dismissal of appeal for appellant ’s default.__ (1) Where  on the  day fixed, or on any \r\nother day to which the hearing may be adjourned, the appellant does not appear when the appeal is \r\ncalled on for hearing, the Court may make an order that the appeal be dismissed. \r\n(2) Hearing appeal ex­parte. Where the appellant appears and the respondent does not appear, \r\nthe appeal shall be heard ex parte. \r\n18. Dismissal of appeal where notice not served in consequences of appellant’s failure to \r\ndeposit costs. Where on the day fixed, or on any other day to which the hearing may be adjourned, it \r\nis found that the notice to the respondent has not been served in consequence of the failure of the \r\nappellant to deposit, within the period fixed, the sum required to defray the cost of serving the notice, \r\nthe Court may make an order that the appeal be dismissed: \r\nProvided that no such order shall be made although the notice has not been served upon the \r\nrespondent, if on any such day the respondent appears when the appeal is called on for hearing. \r\n19. Readmission of appeal dismissed for default.__ 1[(1)] Where an appeal is dismissed under \r\nrule11, sub­rule (2),  or  rule  17  or  rule  18, the appellant may apply to  the  Appellate  Court for the   \r\n1Re­numbered as sub­rule (1) of that rule by the Code of Civil Procedure (Amendt.) Act, 1990 (4 of 1990), s.2. \r\n  \r\n   \r\n \r\nPage 170 of 318 \r\n \r\nre­admission of the appeal; and where it is proved that he was prevented by any sufficient cause from \r\nappearing when the appeal was called on for hearing or from depositing the sum so required, the Court \r\nshall re­admit the appeal on such terms as to costs or otherwise as it thinks fit. \r\n(2) The provisions of section 5 of the Limitation Act 1908 (IX of 1908) shall apply t o an \r\napplication for re­admission of an appeal dismissed under sub­rule (2) of rule 11 or sub­rule (1) of rule \r\n17. \r\n20. Power to adjourn hearing and direct person s appearing interested to be made \r\nrespodents. Where it appears to the Court at the hearing that any person who was a party to the suit in \r\nthe Court from whose decree the appeal is preferred, but who has not been made a party to the appeal,  \r\nis interested in the result of the appeal, the Court may adjourn the hearing to a future day to be fixed      \r\nby the Court and direct that such person be made a respondent. \r\n21. Rehearing on application of respondent against whom ex­parte decree made.__ 1[(1)] \r\nWhere an appeal is heard ex parte and judgment is pronounced against the respondent, he may apply \r\nto the Appellate Court to re­hear the appeal; and, if he satisfies the Court that the notice was not duly \r\nserved or that he was prevented by sufficient cause from appearing when the appeal was called on for \r\nhearing, the Court shall re­hear the appeal on such terms  as to costs or otherwise as it thinks fit to \r\nimpose upon him. \r\n2[(2)  The  provisions  of  section  of  5  of  the  Limitation  Act,  1908  (IX  of  1908)  shall  \r\napply  to applications under sub­rule (1)]. \r\n22. Upon hearing, respondent may be object to decree as if he had preferred separate \r\nappeal.__ (1) Any respondent, though he may not have appealed from any part of the decree,  may  not  \r\nonly support the decree on any of the grounds decided against him in the Court below, but take any \r\ncross­ objection to the decree which he could have taken by way of appeal, provided he has  filed  such \r\nobjection in the Appellate Court within one month from the date of service on him or his pleader of  \r\nnotice of the day fixed for hearing the appeal, or within such further time as the  Appellate  Court  may \r\nsee fit to allow. \r\n(2) Form of objection and provisions applicable thereto . Such cross­objection shall be in \r\nthe form of a memorandum and the provisions of rule 1, so far as they relate to the form and contents \r\nof the memorandum of appeal shall apply thereto. \r\n(3) Unless the respondent files with the objection a written acknowledgment from the party \r\nwho may be affected by such objection or his pleader of having received a copy thereof, the Appellate \r\nCourt shall cause a copy to be served, as soon as may be after the filing of the objection, on such party   \r\nor his pleader at the expense of the respondent. \r\n(4) Where, in any case in which any respondent has under this rule filed a memorandum of \r\nobjection, the original appeal is withdrawn or is dismissed for default, the objection so filed may  \r\nnevertheless be heard and determined after such notice to the other parties as the Court thinks fit. \r\n(5) The provisions relating to pauper appeals shall, so far as they can be  made  applicable, \r\napply to an objection under this rule. \r\n \r\n1Re­numbered as sub­rule (1) of that rule by the Code of Civil Procedure (Amendt.) Act, 1990 (4 of 1990),s.2. \r\n2Sub­rule (2) added ibid. \r\n \r\n   \r\n \r\nPage 171 of 318 \r\n \r\n23. Remand of case by Appellate Court.  Where the Court from whose decree an appeal is  \r\npreferred has disposed of the suit upon a preliminar y point and the decree is reversed in appeal, the \r\nAppellate Court may, if it thinks fit, by order remand the case, and may further direct what  issue  or  \r\nissues shall be tried in the case so remanded, and shall send a  copy of its judgment  and order to t he  \r\nCourt from whose decree the appeal is preferred, with directions to re­admit the suit under its original \r\nnumber in the register of civil suits, and proceed to determine the suit; and the  evidence  (if  any) \r\nrecorded during the original trial shall, subject to all just exceptions, be evidence during the trial after \r\nremand. \r\n24. Where evidence on record sufficient.  Appellate Court may determine case finally . \r\nWhere the evidence upon the record is sufficient to enable the Appellate Court to pronounce judgment, \r\nthe Appellate Court may, after resettling the issues, if necessary, finally determine the suit, \r\nnotwithstanding that the judgment of the court from whose decree the appeal is preferred has proceeded \r\nwholly upon some ground other than that on which the Appellate Court proceeds. \r\n25. Where Appellate Court may frame issues and refer them for trial to Court whose \r\ndecree appealed from.  Where the court from whose decree the appeal is preferred has omitted to \r\nframe or try any issue, or to determine any qu estion of fact, which appears to the Appellate Court \r\nessential to the right decision of the suit upon the merits, the Appellate Court may, if necessary, frame \r\nissues, and refer the same for trial to the Court from whose decree the appeal is preferred, and in such \r\ncase shall direct such Court to take the additional evidence required; \r\nand such court shall proceed to try such issues, and shall return the evidence to the Appellate \r\nCourt together with its findings thereon and the reasons therefor. \r\n26. Findings and evidence to be put on record. Objections to findings.__ (1) Such evidence \r\nand findings shall form part of the record in the suit; and either party may, within a time to be fixed by \r\nthe Appellate Court, present a memorandum of objections to any findings. \r\n(2) Determination of appeal . After the expiration of the period so fixed for presenting such \r\nmemorandum the Appellate Court shall proceed to determine the appeal. \r\n27. Production of additional evidence in Appellate Court.__ (1) The parties to an appeal shall \r\nnot be entitled to produce additional  evidence,  whether  oral  or documentary,  in the Appellate  Court. \r\nBut if__ \r\n(a) the Court from whose decree the appeal is preferred has refused to admit \r\nevidence which ought to have been admitted, or \r\n(b) the Appellate Court requires any document to be produced or any witness to be \r\nexamined to enable it to pronounce judgment, or for any other substantial cause, \r\nthe Appellate Court may allow such evidence or document to be produced, or witness to be examined. \r\n(2) Wherever additional evidence is allowed to be produced by an Appellate Court, the Court \r\nshall record the reason for its admission. \r\n28. Mode of taking additional evidence.  Wherever additional evidence is allowed to be \r\nproduced, the Appellate Court may either take such evidence, or direct the Court from whose decrees \r\nthe appeal is preferred, or any other subordinate Court, to take such evidence and to send it when taken \r\nto the Appellate Court. \r\n   \r\n \r\nPage 172 of 318 \r\n \r\n29. Points to be defined and recorded.  Where additional evidence i s directed or allowed to \r\nbe taken, the Appellate Court shall specify the points to which the evidence is to be confined, and \r\nrecord on its proceedings the points so specified. \r\nJudgment in Appeal \r\n30. Judgment when and where pronounced.  The Appellate Court, after hearing the parties \r\nor their pleaders and referring to any part of the proceedings whether on appeal or in the Court from \r\nwhose decree the appeal is preferred, to which reference maybe considered necessary, shall pronounce \r\njudgment in open Court, either at once or on some future day of which notice shall be given to the \r\nparties or their pleaders. \r\n31. Contents, date and signature of judgment. The judgment of the Appellate Court shall be \r\nin writing and shall state__ \r\n(a) the points for determination; \r\n(b) the decision thereon; \r\n(c) the reasons for the decision; and, \r\n(d) where the decree appealed from is reversed or varied, the relief to which the \r\nappellant is entitled; \r\nand shall at the time that it is pronounced be signed and dated by the Judge or by the Judges concurring \r\ntherein. \r\n32. What judgment may direct.  The judgment may be for confirming, varying or reversing \r\nthe decree from which the appeal is preferred, or, if the parties to the appeal agree as to the form which \r\nthe decree in appeal shall take, or as to the order to be made in appeal, the Appellate Court may pass a \r\ndecree or make an order accordingly. \r\n33. Power of Court of Appeal. The Appellate Court shall have power to pass any decree and \r\nmake any order which ought to have been  passed or made and to pass or make such further or other \r\ndecree or order as the case may require, and this power may be exercised by the Court notwithstanding \r\nthat the appeal is as to part only of the decree and may be exercised in favour of all or any of  the \r\nrespondents or parties although such respondents or parties may not have filed any appeal or objection: \r\n1[Provided that the Appellate Court shall not make any order under section 35A, in pursuance \r\nof any objection on which the Court from whose decree the appeal is preferred has omitted or refused \r\nto make such order.] \r\nIllustration \r\nA claims a sum of money as due to him form X or Y, and in a suit against both obtains a decree \r\nagainst X. X appeals and A and Y are respondents. The Appellate Court decides in favour of X. It has \r\npower to pass a decree against Y. \r\n \r\n1Proviso ins. by the civil Procedure (Amdt.) Act, 1922 (9 of 1922), which under s. 1(2) thereof may be brought into force in any Province by the Provincial \r\nGovernment on any specified date. The Act has been brought into force in the Punjab, and Sind. \r\n  \r\n   \r\n \r\nPage 173 of 318 \r\n \r\n34. Dissent to be recorded.  Where the appeal is heard by more Judges that one, any Judge \r\ndissenting from the judgment of the Court shall state in writing the decision or order which he thinks \r\nshould be passed on the appeal, and he may state his reasons for the same. \r\nDecree in Appeal \r\n35. Date and contents of decree .__ (1) The decree of the Appellate Court shall bear date the \r\nday on which the judgment was pronounced. \r\n(2) The decree shall contain the number of the appeal, the names and descriptions of the \r\nappellant and respondent, and a clear specification of the relief granted or other adjudication made. \r\n(3) The decree shall also state the amount of costs incurred in the appeal, and by whom, or out \r\nof what property, and in what proportions such costs and the costs in the suit are to be paid. \r\n(4) The decree shall be signed and dated by the Judge or Judges who passed it: \r\nJudge dissenting from judgment need not sign decree . Provided that where there are more \r\nJudges than one and there is a difference of opinion among them, it shall not be necessary for any \r\nJudge dissenting from the judgment of the Court to sign the decree. \r\n36. Copies of judgment and decree to be furnished parties. Certified copies of the judgment \r\nand decree in appeal shall be furnished to the parties on application to the Appellate Court and at their \r\nexpense. \r\n37. Certified copy of decree to be sent to Court whose decree appealed from.  A copy of \r\nthe judgment and of the decree, certified by the Appel late Court or such officer as it appoints in this \r\nbehalf, shall be sent to the Court which passed the decree appealed from and shall be filed  with the \r\noriginal proceedings in the suit, and an entry of the judgment of the Appellate Court shall   be made in \r\nthe register of civil suits. \r\n________ \r\nORDER XLII \r\nAPPEALS FROM APPELLATE DECREES \r\n1. Procedure. The rules of Order XLI shall apply, so far as may be, to appeals from Appellate \r\ndecrees. \r\n_______ \r\nORDER XLIII \r\nAPPEALS FROM ORDERS \r\n1. Appeals from Orders. An appeal shall lie from the following orders under the provisions \r\nof section 104, namely:__ \r\n(a) an order under rule 10 of Order VII returning a plaint to be presented to the \r\nproper Court; \r\n \r\n   \r\n \r\nPage 174 of 318 \r\n \r\n(b) an order under rule 10 of Order VIII pronouncing judgment against a party; \r\n(c) an order under rule 9 of Order IX rejecting an application (in a case open to \r\nappeal) for an order to set aside the dismissal of a suit; \r\n(d) an order under rule 13 of Order IX rejecting an application (in a case open to \r\nappeal) for an order to set aside a decree passed ex parte; \r\n(e) an order under rule 4 of Order X pronouncing judgment against a party; \r\n(f) an order under rule 21 of Order XI; \r\n(g) an order under rule 10 of Order XVI for the attachment of property; \r\n(h) an order under rule 20 of Order XVI pronouncing judgment against a party; \r\n(i) an order under rule 34 of Order XXI on an objection to the draft of a document \r\nor of an endorsement; \r\n1[(ii)  an order under rule 62 or rule 103 of Order XXI relating to the right, title or \r\ninterest of the claimant or objector in attached property;] \r\n(j) an order under rule 72 or rule 92 of Order XXI setting aside or refusing to set \r\naside a sale; \r\n(k) an order under rule 9 of Order XXII refusing to set aside the abatement or \r\ndismissal of a suit; \r\n(l) an order under rule 10 of Order XXII giving or refusing to give leave; \r\n(m) an order under rule 3 of Order XXIII recording or refusing to record an \r\nagreement, compromise or satisfaction; \r\n(n) an order under rule 2 of Order XXV rejecting an application (in a case o pen to \r\nappeal) for an order to set aside the dismissal of a suit; \r\n(o) an order 2[under rule 2, rule 4 or rule 7] of Order XXXIV refusing to extend the \r\ntime for the payment of mortgage­money; \r\n(p) an order in interpleader­suits under rule 3, rule 4 or rule 6 of Order XXXV; \r\n(q) an order under rule 2, rule 3 or rule 6 of Order XXXVIII; \r\n(r) an order under rule 1, rule 2, rule 4 or rule 10 of Order XXXIX; \r\n(s) an order under rule 1 or rule 4 of Order XL; \r\n \r\n \r\n1Cl. (ii), added by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. \r\n2Subs. by the Transfer of Property (Amdt.) Supplementary Act, 1930 (16 of 1930), s.2, for “under rule 3 or rule 8”. \r\n \r\n \r\n   \r\n \r\nPage 175 of 318 \r\n \r\n(t) an order of refusal under rule 19 of Order XLI to readmit, or under rule 21 of \r\nOrder XLI to re­hear an, appeal; \r\n(u) an order under rule 23 of Order XLI remanding a case where an appeal would \r\nlie from the decree of the Appellate Court; \r\n(v) an order made by any Court other than a High Court refusing the grant of a \r\ncertificate under rule 6 of Order XLV; \r\n(w) an order under rule 4 of Order XLVII granting an application for review. \r\n2. Procedure. The rules of Order XLI shall apply, so far as may be, to appeals from orders. \r\n13. Notice before presentation of appeal.__ (1) Where an appeal against  an  order  is  preferred \r\nduring the pendency of a suit, the appellant shall, before presenting the appeal, give notice  of such  \r\nappeal to the respondent or his advocate by delivering a copy of the memorandum and  grounds  of \r\nappeal alongwith a copy of the order appealed against 2[either personally or  through registered post \r\nacknowledgement due and the postal or other receipt shall be filed with the memorandum of appeal \r\nfor the record of the appellate Court.] \r\n(2) On receipt of notice referred to in sub­rule (1), the respondent may, with the permission of \r\nthe Court, appear before it and contest the appeal and may be awarded costs on dismissal of the appeal \r\nin limine. \r\n4. Application of Rule  3. The provisions of rule 3  shall, mutatis mutandis , apply to all \r\napplications filed before an appellate Court during the pendency of a suit.] \r\n_______ \r\nORDER XLIV \r\nPAUPER APPEALS \r\n1. Who may appeal as pauper.  Any person entitled to prefer an appeal, who is unable to pay \r\nthe fee required for the memorandum of appeal, may present an application accompanied by a \r\nmemorandum of appeal, and may be allowed to appeal as a pauper subject, in all matters, including \r\nthe presentation of such application, to the provisions relating to suits by paupers, in so far as those \r\nprovisions are applicable: \r\nProcedure on application for admission of appeal.  Provided that the Court shall reject the \r\napplication unless, upon a perusal thereof and of the judgment and decree appealed from, it sees reason \r\nto think that the decree is contrary to law or to some usage having the force of law, or is otherwise \r\nerroneous or unjust. \r\n2. Inquiry into pauperism. The inquiry into the pauperism of the applicant may be made either \r\nby the Appellate Court or under the order of the Appellate Court by the Court from whose decision the \r\nappeal is preferred: \r\n \r\n \r\n1New sub­rules 3 and 4 added by the Code of Civil Procedure (Amdt.), Ordinance, 1980 (10 of 1980), s.14. \r\n2Subs. by Act XIV of 1994,s.II. \r\n  \r\n   \r\n \r\nPage 176 of 318 \r\n \r\nProvided that, if the applicant was allowed to sue or appeal as a pauper in the Court from whose \r\ndecree the appeal is preferred, no further inquiry in respect of his pauperism shall be necessary, unless \r\nthe Appellate Court sees cause to direct such inquiry. \r\n_______ \r\nORDER XLV \r\nAPPEALS TO THE 1[SUPREME COURT] \r\n2[1. “Decree” defined.  In this Order, unless there is something repugnant in the subject or \r\ncontext, the expression \"decree\" shall include a judgment or a final Order.] \r\n2. Application to Court whose decree complained of . Whoever desires to appeal to 1[the \r\nSupreme Court] shall apply by petition to the Court whose decree is complained of. \r\n3. Certificate as to value or fitness.__ 2[(1) A petition made under rule 2 shall briefly state the \r\ngrounds of appeal and pray for a certificate.] \r\n(2) Upon receipt of such petition, the Court shall direct notice to be served on the opposite \r\nparty to show cause why the said certificate should not be granted [:]2 \r\n2[Provided that no notice shall be directed to be served on or given to the opposite party or to \r\nthe legal representative of a deceased opposite party in a case where such opposite party did not appear \r\neither at the hearing in the Court whose decree is complained of or at any proceedings subsequent to    \r\nthe decree of that Court.] \r\n2[(3) The Court may, if the opposite party in response to the notice issued under sub­rule (2) \r\nappears, after hearing both the parties, or if the opposite party does not appear in response to such \r\nnotice, then after hearing the party making the petition, grant or refuse the certificate. \r\n(4) If on the date fixed for the hearing, the party making the petition does not appear and the \r\nopposite party appears in response to such notice or if both the parties do not appear on such date, the \r\npetition shall be dismissed. \r\n4. Consolidation of suits. For the purposes of pecuniary valuation, suits involving substantially \r\nthe same questions for determination and decided by the same judgment may be consolidated: but suits \r\ndecided by separate judgments shall not be consoli dated, notwithstanding  that  they  involve  \r\nsubstantially the same questions for determination. \r\n5. Remission of dispute to Court of first instance. In the event of any dispute arising between \r\nthe parties as to the amount or value of the subject­matter of the suit in the Court of first  instance, or \r\nas to  the amount or value of the subject matter in dispute on appeal to 1[the Supreme Court], the Court \r\nto which a petition for a certificate is made under rule 2 may,  if  it  thinks fit, refer such dispute fo r \r\nreport   to the Court of first instance, which last­mentioned Court shall proceed to determine such \r\namount or value and shall return its report together with the evidence to the Court by which the \r\nreference  was  made. \r\n \r\n1Subs. by A.O, 1961, Art. 2 and Sch., for “King in Council” (with effect from the 23rd March, 1956). \r\n2Subs. and added by F.A.O., 1975, Art, 2 and Sch. (with effect from the 14th August, 1973), for the original rule1.  \r\n  \r\n   \r\n \r\nPage 177 of 318 \r\n \r\n6. [Effect of refusal of certificate.] Omitted by F.A.O., 1975 Art.2 and Sch. \r\n7. Security and deposit required on grant of certificate .__ (1) Where  the  certificate  is  \r\ngranted, the applicant shall within 1[ninety days or such further period, not exceeding sixty days, as \r\nthe Court  may upon cause shown allow] from the da te of the decree complained of, or within six \r\nweeks from the date of the grant of the certificate, whichever is the later date,__ \r\n(a) furnish security 1[in cash or in Government securities] for the costs of the \r\nrespondent, and \r\n(b) deposit the amount required to defray the expense of translating, transcribing, \r\nindexing 2[, printing] and transmitting to  2[the Supreme Court] a correct copy \r\nof the whole record of the suit, except__ \r\n(1) formal documents directed to be excluded by any 5[Rule of the Supreme \r\nCourt] in force for the time being; \r\n(2) papers which the parties agree to exclude; \r\n(3) accounts, or portions of accounts, which the officer empowered by the \r\nCourt for that purpose considers unnecessary, and which the parties have \r\nnot specifically asked to be included; and \r\n(4) such other documents as the High Court may direct to be excluded: \r\n1[Provided that the Court at the time of granting the certificate may, after hearing any opposite \r\nparty who appears, order on the ground of special ha rdship that some other form of security may be \r\nfurnished: \r\nProvided further, that no adjournment shall be granted to an opposite party to contest the nature \r\nof such security.] \r\n2[* * * * * * *] \r\n8. Admission of appeal and procedure thereon. Where such security has been furnished and \r\ndeposit made to the satisfaction of the Court, the Court shall__ \r\n(a) declare the appeal admitted, \r\n(b) give notice thereof to the respondent, \r\n(c) transmit to 2[the Supreme Court] under the seal of the Court a correct copy of \r\nthe said record, except as aforesaid, and \r\n(d) give to either party one or more authenticated copies of any of the papers in the \r\nsuit on his applying therefore and paying the reasonable expenses incurred in \r\npreparing them. \r\n \r\n \r\n \r\n1Subs. by the Indian Limitation and Code of Civil Procedure (Amdt.) Act, 1920 (26 of 1920), s.3, for “six months”. \r\n2Ins. by A.O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956). \r\n  \r\n   \r\n \r\nPage 178 of 318 \r\n \r\n9. Revocation of acceptance of security. At any time before the admission of the appeal the \r\nCourt may, upon cause shown, revoke the acceptancy of any such security, and make further directions \r\nthereon. \r\n9-A. [Power to dispense with notices in case of deceased parties .] Omitted by F.A.O.  1975, \r\nArt.2 and Sch. \r\n10. Power to order further security or payment.  Where at any time after the admission of \r\nan appeal but before the transmission of the copy of the record, except as aforesaid, to 1[the Supreme \r\nCourt], such security appears inadequate, \r\nor further payment is required for the purpose of translating, transcribing, printing, indexing or \r\ntransmitting the copy of the record, except as aforesaid, \r\nthe Court may order the appellant to furnish, within a time to be fixed by the Court, other and \r\nsufficient security, or to make, within like time, the required payment. \r\n11. Effect of failure to comply with order.  Where the appellant fails to comply with such \r\norder, the proceedings shall be stayed, \r\nand the appeal shall not proceed without an order in this behalf of 1[the Supreme Court],  \r\nand in the meantime execution of the decree appealed from shall not be stayed. \r\n12. Refund of balance deposit.  When the copy of the record, except as aforesaid, has been  \r\ntransmitted to 1[the supreme Court], the appellant may obtain  a refund of the balance (if any) of the \r\namount which he has deposited under rule 7. \r\n13. Powers of Court of pending appeal .__ (1) Notwithstanding the grant of a certificate for \r\nthe admission of any appeal, the decree appealed from shall be unconditionally executed, unless the \r\nCourt otherwise directs. \r\n(2) The Court may, if it thinks fit, on special cause shown by any party interested in the suit, or \r\notherwise appearing to the Court,__ \r\n(a) impound any moveable property in dispute or any part thereof, or \r\n(b) allow the decree appealed from to be executed, taking such security from the \r\nrespondent as the Court thinks fit for the due performance of any order which \r\n1[the Supreme Court] may make on the appeal, or \r\n(c) stay the execution of the decree appealed from, t aking such security from the \r\nappellant as the Court thinks fit for the due performance of the decree appealed \r\nfrom, or of any order which 1[the Supreme Court] may make on the appeal, or \r\n(d) place any party seeking the assistance of the Court under such conditions or give \r\nsuch other direction respecting the subject­matter of the appeal, as it thinks fit, \r\nby the appointment of a receiver or otherwise. \r\n \r\n1Subs. by A.O., 1961, Art. 2 and Sch., for “His Majesty in Council” (with effect from the 23rd March, 1956). \r\n  \r\n   \r\n \r\nPage 179 of 318 \r\n \r\n14. Increase of security found Inadequate. __ (1) Where at any time during the pendency of \r\nthe appeal the security furnished by either party appears inadequate, the Court may,  on the  application \r\nof  the other party, require further security. \r\n(2) In default of such further security being furnished as required by the Court,__ \r\n(a) if the original security was furnished by the appellant, the Court may, on the \r\napplication of the respondent, executes, the decree appealed from as if the \r\nappellant had furnished no such security; \r\n(b) if the original security was furnished by the respondent, the Court shall, so far \r\nas may be practicable, stay the further execution of the decree, and restore the \r\nparties to the position in which they respectively were when the security which \r\nappears inadequate was furnished,  or give such direction respecting the \r\nsubject­matter of the appeal as it thinks fit. \r\n15. Procedure to enforce orders of the Supreme Court. __ (1) Whoever desires  to  obtain  \r\nexecution of any order of 1[the  Supreme  Court] shall apply by petition, accompanied by a  certified  \r\ncopy of the decree passed or order made in appeal and sought to be executed, to the Court from which  \r\nthe appeal to 1[the Supreme Court] was preferred. \r\n(2) Such Court shall transmit the order of 1[the Supreme Court] to the Court which passed the \r\nfirst decree appealed from, or to such other Court as 1[the Supreme  Court] by such order may direct, \r\nand  shall (upon the application of either party) give such directions as may be required for the \r\nexecution of the same; and the Court to which the said order is so transmitted shall execute it \r\naccordingly, in the manner and according to the provisions applicable to the execution of its original \r\ndecrees. \r\n2* * * * * * * \r\n3[(4) Unless 1[the Supreme Court] is pleased otherwise to direct, no order of 1[the Supreme \r\nCourt] shall be inoperative on the ground that no notice has been served on or given to the legal \r\nrepresentative  of any deceased opposite party or deceased re spondent in a case, where such opposite \r\nparty or respondent did not appear either at the hearing in the Court whose decree was complained of \r\nor at any proceedings subsequent to the decree of that Court, but such order shall have the same  force \r\nand effect  as if it had been made before the death took place.] \r\n16. Appeal from order relating to execution. The orders made by the Court which executes \r\nthe order of3[the Supreme Court], relating to such execution, shall be appealable in the same manner \r\nand subject to the same rules as the orders of such Court relating to the execution of its own decrees. \r\n417. [Appeals to the Federal Court]. Omitted by the Federal Court Act 1941 (XXI of 1941), S.2. \r\n_______ \r\n \r\n \r\n1Subs. by A.O., 1961, Art. 2 andSch., for “His Majesty in Council” (with effect from the 23rd March, 1956). \r\n2Sub­rule (3) omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and Second Sch., which was previously amended \r\nby various enacments, from time to time. \r\n3Sub­section (4) ins. by the Indian Limitation and Code of Civil Procedure (Amdt.) Act, 1920 (26 of 1920), s.5. \r\n4This section was ins. by A.O., 1937. \r\n   \r\n \r\nPage 180 of 318 \r\n \r\nORDER XLVI \r\nREFERENCE \r\n1. Reference of question to High Court. Where, before or on the hearing of a suit or an appeal \r\nin which the decree is not  subject  to appeal, or where, in  the  execution of any such decree, any \r\nquestion of law or usage having the force of law arises, on which the Court trying the  suit  or  appeal,  \r\nor executing the decree, entertains reasonable doubt, the Court may, either of its own motion or on the \r\napplication of any of the parties, draw up a statement of the facts of the case and the point on which \r\ndoubt is entertained, and refer such statement with its own opinion on the point for the decision of the \r\nHigh Court. \r\n2. Court may pass decree contingent upon decision of High Court.  The Court may either \r\nstay the proceedings or proceed in the case notwithstanding such reference, and may pass a dec ree or \r\nmake   an order contingent upon the decision of the High Court on the point referred; \r\nbut no decree or order shall be executed in any case in which such reference is made until the \r\nreceipt of a copy of the judgment of the High Court upon the reference. \r\n3. Judgment of High Court to be transmitted, and case disposed of accordingly.  The High \r\nCourt, after hearing the parties if they appear and desire to be heard, shall decide the point so referred, \r\nand shall transmit a copy of its judgment, under the signature of the Registrar, to the Court by which     \r\nthe reference was made; and such Court shall, on the receipt thereof, proceed to dispose of the case in \r\nconformity with the decision of the High Court. \r\n4. Costs of reference to High Court.  The costs (if any) consequent on a reference for the \r\ndecision   of the High Court shall be costs in the case. \r\n5. Power to alter etc., decree , of Court making reference.  Where a case is referred to the \r\nHigh Court under rule 1, the High Court may return the case for amendment, and may alter, cancel or \r\nset aside any decree or order which the Court making the reference has passed or made in the case out \r\nof which the reference arose, and make such order as it thinks fit. \r\n6. Power to refer to High Court questions as jurisdiction in small causes. __ (1) Where at \r\nany time  before judgment  a Court in which a suit has been instituted doubts whether the suit  is \r\ncognizable  by a Court of Small Causes or is not so cognizable, it may submit the record to the High \r\nCourt with a statement of its reasons for the doubt as to the nature of the suit. \r\n(2) On receiving the record and statement, the High Court may order the Court either to proceed \r\nwith the suit or to return the plaint for presentation to such other Court as it may in its order declare to \r\nbe competent to take cognizance of the suit. \r\n7. Power to District Court  to submit for revision proceedings had under mistake as to  \r\njurisdiction in small causes.__ (1) Where it appears to a District Court that a Court subordinate thereto \r\nhas, by reason of erroneously holding a suit to be cognizable  by a  Court  of Small Cause s or not to \r\nbe so cognizable, failed to exercise a jurisdiction  vested in  it  by law,  or exercised a  Jurisdiction  not \r\nso vested, the District Court may, and if required by a party shall, submit the record to the High  Court  \r\nwith a statement of its reasons for considering the opinion of the subordinate Court with respect to the \r\nnature of the suit to be erroneous. \r\n \r\n   \r\n \r\nPage 181 of 318 \r\n \r\n(2) On receiving the record and statement the High Court may make such order in the case as \r\nit thinks fit. \r\n(3) With respect to any proceedin gs subsequent to decree in any case submitted to the High \r\nCourt under this rule, the High Court may make such order as in the circumstance appears to it to be \r\njust and proper. \r\n(4) A Court subordinate to a District Court shall comply with any requisition which the District \r\nCourt may make for any record or information for the purpose of this rule. \r\n________ \r\nORDER XLVII \r\nREVIEW \r\n1. Application for review of judgment.__ (1) Any person considering himself aggrieved__ \r\n(a) by a decree or order from which an appeal is allowed, but from which no appeal \r\nhas been preferred. \r\n(b) by a decree or order from which no appeal is allowed, or \r\n(c) by a decision on a reference from a Court of Small Causes, \r\nand who, from the discovery of new and important matter or evidence which, after the exercise of due \r\ndiligence, was not within his knowledge or could not be produced by him at the  time  when the  decree \r\nwas passed or order made, or on account of some mistake or error apparent on the face of the record, \r\nor for any other sufficient reason, desires to obtain a review of the decree passed or order made against \r\nhim, may apply for a review of judgment to the Court which passed the decree  or made  the  order. \r\n(2) A party who is not appealing from a decree or order may apply for a review of judgment \r\nnotwithstanding the pendency of an appeal by some other party except where the ground of such appeal \r\nis common to the applicant and the appellant, or when, being respondent, he can present to the \r\nAppellate Court the case on which he applies for the review. \r\n2. To whom applications for review may be made. An application for review of a decree or \r\norder  of a Court, not being a High Court, upon some ground other than the discovery of such  new \r\nand important matter or evidence as is referred to in rule 1 or the existence of a clerical or arithmetical \r\nmistake or error apparent on the face of the decree, shall be made only to the Judge who passed the  \r\ndecree or made the order sought to be reviewed; but any such application may, if the Judge who passed \r\nthe decree or made the order has ordered notice to issue under rule 4, sub­rule (2), proviso, (a) be \r\ndisposed of by his successor. \r\n3. Form of applications for review.  The provisions as to the form of preferring appeal shall \r\napply, mutatis mutandis, to applications for review. \r\n4. Application where rejected.__ (1) Where it appears to the Court that there is not sufficient  \r\nground for a review, it shall reject the application. \r\n(2) Application where granted. Where the Court is of opinion that the application for review \r\nshould be granted, it shall grant the same: \r\n   \r\n \r\nPage 182 of 318 \r\n \r\nProvided that__ \r\n(a) no such application shall be granted without previous notice to the opposite \r\nparty, to enable him to appear and be heard in support of the decree or order, a \r\nreview of which is applied for : and \r\n(b) no such application shall be granted on the ground of discovery of new matter \r\nor evidence which the applicant alleges was not within his knowledge, or could \r\nnot be adduced by him when the decree or order was passed or made, without \r\nstrict proof of such allegation. \r\n5. Application for review in Court consisting of two or more Judges. Where  the  Judge  or \r\nJudges, or any one of the Judges, who passed the decree or made  the  order, a  review of  which is \r\napplied for, continues or continue attached to the Court at the time when the application for a review \r\nis presented, and is not or are not precluded by absence or other cause  for a  period of six  months next  \r\nafter the application from considering the decree or order to which the application refers, such Judge \r\nor Judges or any of them shall hear the application , and no other Judge or Judges of the Court shall \r\nhear the same. \r\n6. Application where rejected.__ (1) Where the application for a review is heard by more than \r\none Judge and the Court is equally divided, the application shall be rejected. \r\n(2) Where there is a majority, the decision shall be according to the opinion of the majority. \r\n7. Oder of rejection not appealable. Objections to order granting application. __ (1) An \r\norder of the Court rejecting the application shall not be appealable; but an order granting an application \r\nmay  be objected to on the ground that the application was__ \r\n(a) in contravention of the provisions of rule 2, \r\n(b) in contravention of the provisions of rule 4, or \r\n(c) after the expiration of the period of limitation prescribed therefore and without \r\nsufficient cause. \r\nSuch objection may be taken at once by an appeal from the order granting the application or in \r\nany appeal from the final decree or order passed or made in the suit. \r\n(2) Where the application has been rejected in consequence of the failure  of  the  applicant  to \r\nappear, he may apply for an order to have the rejected application restored to the file, and, where it is \r\nproved to the satisfaction of the Court that he was prevented by any sufficient cause from appearing  \r\nwhen such application was called on for hearing, the Court shall order it to be restored to the file upon \r\nsuch terms as to costs or otherwise as it thinks fit, and shall appoint a day for hearing the same. \r\n(3) No order shall be made under sub­rule (2) unless notice of the application has b een served \r\non the opposite party. \r\n8. Registry of application garnted, and order for re­hearing.  When an application for \r\nreview is granted, a note thereof shall be made in the register and the Court may at once re­hear the \r\ncase or make such order in regard to the re­hearing as it thinks fit. \r\n  \r\n   \r\n \r\nPage 183 of 318 \r\n \r\n1[9. Bar of certain applications .__ (1) No application to review an order made on an \r\napplication for a review or a decree or order passed or made on a review shall be entertained. \r\n(2) Nothing in this Order shall apply to any judgment pronounced or order made by the \r\nSupreme Court.] \r\n_______ \r\nORDER XLVIII \r\nMISCELLANEOUS \r\n1. Process to be served at expense of party issuing. __ (1) Every process issued under this \r\nCode shall be served at the expense of the party on whose behalf it is issued, unless the Court otherwise  \r\ndirects. \r\n(2) Costs of service. The court­fee chargeable for such service shall be paid within a time to \r\nbe fixed before the process is issued. \r\n2. Orders and notices how served.__ All orders, notices and other documents required by this \r\nCode to be given to or served on any person shall be served in the manner provided for the service of \r\nsummons. \r\n3. Use of forms in appendices.__ The forms given in the appendices, with such variation as the \r\ncircumstances of each case may require, shall be used for the purposes therein mentioned. \r\n_______ \r\nORDER XLIX \r\n2*HIGH COURTS \r\n1. Who may serve processes of High Court.  Notice to produce documents, summonses to \r\nwitnesses, and every other judicial process, issued in the exercise of the original civil jurisdiction of \r\nthe High Court, and of its matrimonial, testamentary and intestate jurisdictions, except summonses to \r\ndefendants, writs of execution and notices to respondents may be served by the attorneys in the suits, \r\nor by persons employed by them, or by such other persons as the High Court, by any rule or order, \r\ndirects. \r\n2. Saving in respect of High Courts.  Nothing in thi s schedule shall be deemed to limit or \r\notherwise affect any rules in force at the commencement of this Code for the taking of evidence or the \r\nrecording of judgment and orders by a 2* High Court. \r\n3. Application of rules. The following rules shall not apply to any 2* High Court in the exercise \r\nof its ordinary or extraordinary original civil jurisdiction, namely:__ \r\n \r\n1Subs. by F.A.O., 1975, Art. 2 and Sch., for the original rule 9. \r\n2The word “Chartered” omitted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960), s.3 and 2nd Sch. (with effect from the 14th October, \r\n1955). \r\n \r\n  \r\n   \r\n \r\nPage 184 of 318 \r\n \r\n(1) rule 10 and rule 11, clauses (b) and (c), of Order VII; \r\n(2) rule 3 of Order X; \r\n(3) rule 2 of Order XVI; \r\n(4) rules 5,6,8,9,10,11,13,14,15 and 16 (so far as relates to the manner of taking evidence) \r\nof Order XVIII; \r\n(5) rules 1 to 8 of Order XX; and \r\n(6) rule 7 of Order XXXIII (so far as relates to the making of a memorandum); \r\nand rule 35 of Order XLI shall not apply to any such High C ourt in the exercise of its appellate \r\njurisdiction. \r\n_______ \r\nORDER L \r\nPROVINCIAL SMALL CAUSE COURTS \r\n1. Provincial Small Cause Courts.  The provisions hereinafter specified shall not extend to \r\nCourts constituted under the Provincial Small Cause Courts Act, 1887 (IX of 1887), 1[* * * ] or to \r\nCourts exercising the jurisdiction of a Court of Small Causes 2[under the said Act], that is to say__ \r\n(a) so much of this schedule as relates to__ \r\n(i) suit excepted from the cognizance of a Court of Small Causes or the \r\nexecution of decrees in such suits; \r\n(ii) the execution of decrees against immoveable property or the interest of \r\na partner in partnership property; \r\n(iii) the settlement of issues; and \r\n(b) the following rules and orders,__ \r\nOrder II, rule 1 (frame of suit) ; \r\nOrder X, rule 3 (record of examination of parties); \r\nOrder XV, except so much of rule 4 as provides for the pronouncement at once \r\nof judgment ;  \r\nOrder XVIII, rules 5 to 12 (evidence); \r\nOrder XLI to XLV (appeals); \r\nOrder XLVII, rules 2,3,5,6,7 (review);  \r\nOrder LI. \r\n \r\n1The words and figures “or under the Berar Sma ll Cause Courts Law, 1905” which were ins. by the Berar Laws Act, 1941 ( IV of 1941), s.2 and Third \r\nSch., have been omitted by A.O., 1949. \r\n2The original words “under that Act” have successively been amended by Act IV of 1941, and A.O., 1949, to read as above. \r\n \r\n   \r\n \r\nPage 185 of 318 \r\n \r\nORDER LI \r\n[PRESIDENCY SMALL CAUSE COURTS] \r\nOmitted by the A.O., 1949. \r\n_______ \r\nAPPENDIX A  \r\nPLEADINGS  \r\n(1) TITLES OF SUITS \r\nIN THE COURT OF \r\nA.B. (add description and  residence) .. .. .. Plaintiff \r\nAgainst \r\nC. D. (add description and  residence) .. .. .. Defendant \r\n(2) Description of Parties in Particular Cases \r\n1[2* * *Pakistan or the Province of, as the case may be.] \r\n_______ \r\nThe Advocate General of \r\n_______ \r\n \r\nThe Collector of \r\n_______ \r\nThe State of \r\nThe A.B., Company, Limited, having its registered office at \r\n________ \r\nA.B., a public officer of the C.D. Company. \r\n________ \r\nA.B., (add description and residence), on behalf of himself and all other creditors of C.D., late \r\nof  (add description and residence). \r\n_______ \r\nA.B., (add description and residence), on behalf of himself and all other holders of debentures \r\nissued by the Company, Limited \r\n \r\n 1Amended by A.O., 1937 and A.O., 1949. \r\n2The words “the Federation of” have been omitted by A.O., 1961, Art. 2 andSch. (with effect from the 23rd March, 1956). \r\n  \r\n   \r\n \r\nPage 186 of 318 \r\n \r\nThe Official Receiver. \r\n_______ \r\nA.B., a minor (add description and residence ), by C.D., [or by the Court of Wards], his next \r\nfriend. \r\n_______ \r\nA.B., (add description and residence), a person of unsound mind [or of weak mind], by C.D., \r\nhis next friend. \r\n_______ \r\nA.B,, a firm carrying on business in partnership at. \r\nA.B. (add description and residence ), by his constituted attorney C.D (add description and \r\nresidence). \r\n_______ \r\nA.B. (add description and residence), Shebait of Thakar. \r\nA B. (add description and residence) executor of C.D., deceased.  \r\nA.B. (add description and residence), heir of C.D., deceased. \r\n_______ \r\n(3) Plaints \r\nNo. 1  \r\nMONEY LENT \r\n(Title) \r\nA.B., the above­named plaintiff, states as follows:__ \r\n1. On the  day of  19 , he lent the defendant rupees repayable on \r\nthe  day of    . \r\n2. The defendant has not paid the same, except  rupees paid on the  day \r\nof   19 . \r\n[If the plaintiff claims exemption from any law of limitation, say:__] \r\n3. The plaintiff was a minor [or insane] from the  day of   till the \r\n  day of  . \r\n4. [Facts showing when the cause of action arose and that the court has jurisdiction]. \r\n5. The  value of the  subject­matter of the  suit for  the  purpose of jurisdiction is \r\n rupees and for the purpose of court­fee is   rupees. \r\n  \r\n   \r\n \r\nPage 187 of 318 \r\n \r\n6. The plaintiff claims   rupees, with interest     at  percent from the\r\n day of   19 . \r\n_______ \r\nNO. 2  \r\nMONEY OVER PAID \r\n(Title) \r\nA.B., the above named plaintiff, states as follows:__ \r\n \r\n1. On  the   day of   19 ,  the   plaintiff  agreed  to  buy  and  the   defendant  \r\nagreed  to  sell    bars of silver at   annas per tola of fine silver. \r\n2. The plaintiff procured the said bars to be assayed by E.F., who was paid by the defendant \r\nfor such assay, and E.F. declared each of the bars to contain 1,500 tolas of fine silver, and the plaintiff \r\naccordingly paid the defendant   rupees. \r\n3. Each of the said bars contained only 1,200 tolas of fine silver, of which fact the plaintiff was \r\nignorant when he made the payment. \r\n4. The defendant has not repaid the sum so overpaid. \r\n[As in paras 4 and 5 of Form No. 1 and Relief claimed]. \r\n_______ \r\nNO. 3. \r\nGOODS SOLD AT A FIXED PRICE AND DELIVERED \r\n(Title) \r\nA.B., the above­named plaintiff, states as follows:__ \r\n1. On the   day of    19        , E.F. sold and delivered to the defendant \r\n[one hundred barrels of flour, or the goods mentioned in the schedule hereto annexed, or sundry goods]. \r\n2. The defendant promised to pay   rupees for the said goods on delivery [ or on the \r\n day of   ,    some   day before the plaint was filed]. \r\n3. He has not paid the same. \r\n4. E.F. died on the   day of            19   By his last will he appointed his \r\nbrother, the plaintiff, his executor. \r\n[As in paras 4 and 5 of Form No. 1] \r\n7. The plaintiff as executor or E.F. claims [Relief claimed]. \r\nNO 4 \r\n   \r\n \r\nPage 188 of 318 \r\n \r\nGOODS SOLD AT A REASONABLE PRICE AND DELIVERED \r\n(Title) \r\nA.B., the above­named plaintiff, states as follows:__ \r\n1. On the   day of    19      , plaintiff sold and delivered to the \r\ndefendant [sundry articles of house­furniture], but no express agreement was made as to the price. \r\n2. The goods were reasonably worth    rupees. \r\n3. The defendant has not paid the money. \r\n[As in paras 4 and 5 of Form No. 1, and Relief claimed]. \r\n_______ \r\nNO. 5 \r\nGOODS MADE AT DEFENDANT'S REQUEST, AND NOT ACCEPTED \r\n(Title) \r\nA B., the above­named plaintiff, states as follows:__ \r\n1. On the    day of    19 , E.F. agreed with the plaintiff that \r\nthe plaintiff should make for him [six tables and fifty chairs] and that E.F,. should pay for  the  goods \r\non delivery    rupees. \r\n2. The  plaintiff made the  goods, and on the    day of   19  , offered to \r\ndeliver them to E.F…, and has ever since been ready and wiling so to do. \r\n3. E.F. has not accepted the goods or paid for them. \r\n[As in paras 4 and 5 of Form No. 1, and Relief claimed] \r\n_______ \r\nNO. 6 \r\nDEFICIENCY UPON A RE­SALE [GOODS AT AUCTION] \r\n(Title) \r\nA.B., the above­named plaintiff, states as follows:__ \r\n1. On the      day of      19     ,       the  plaintiff  put  up at  auction sundry \r\n[goods], subject  to the condition that all goods not paid for and removed by the purchaser within  [ten \r\ndays] after the  sale should be re­sold by auction on his account, of which condition the defendant had \r\nnotice. \r\n  \r\n   \r\n \r\nPage 189 of 318 \r\n \r\n2. The defendant purchased [one crate of crockery] at the auction at the price of  \r\n rupees. \r\n3. The plaintiff was ready and willing to deliver the goods to the defendant on the  date  of the  \r\nsale and for [ten days] after. \r\n4. The defendant did not take away the  goods  purchased by him,  nor pay for them within  [ten  \r\ndays] after the sale, nor afterwards. \r\n5. On the      day of      19     , the plaintiff re­sold the [crate of  crockery], on \r\naccount of the defendant, by public auction, for    rupees. \r\n6. The  expenses attendant  upon such re­sale amounted to    rupees. \r\n7. The  defendant  has not  paid the deficiency thus arising, amounting to             rupees. \r\n[As in paras 4 and 5 of Form No. 1, and Relief claimed]. \r\n_______ \r\nNO. 7 \r\nSERVICES AT REASONABLE RATE \r\n(Title) \r\nA.B., the above-named plaintiff, states as follows:__ \r\n1. Between the       day of       19    ,    and the       day of      19          \r\n, plaintiffs              [executed  sundry  drawings,   designs and diagrams ) for the defendant   ,  at his \r\nrequest; but no express agreement was made as to the sum to be paid for such services. \r\n2. The  services were reasonably worth  rupees. \r\n3. The defendant has not paid the money. \r\n[As in paras 4 and 5 of Form No. 1, and Relief claimed]. \r\n_______ \r\n \r\nNO. 8 \r\nSERVICES AND MATERIALS AT A REASONABLE COST \r\n(Title) \r\nA B., the above­named plaintiff, states as follows:__ \r\n1. On the   day of    19 ,    at         ,  the plaintiff built a house \r\n[known  as No.  , in  ], and  furnished the materials therefore, for the \r\ndefendant, at his request,  but no express agreement was made as to the amount to be paid  for  such \r\nwork and materials. \r\n   \r\n \r\nPage 190 of 318 \r\n \r\n2. The work done and materials  supplied were reasonably worth    rupees. \r\n3. The defendant has not paid the money. \r\n[As in paras’s 4 and 5 Form No. 1,and Relief claimed] \r\n________ \r\nNO. 9 \r\nUSE AND OCCUPATION \r\n(Title) \r\nA.B., the above­named plaintiff, executor of the will of X. Y., deceased, states as follows:__ \r\n1. That the defendant occupied the [house No.  , Street], by permission of the said  \r\nX.Y. from the day  19 , until the   day of   19 , and no \r\nagreement was made as to payment for the use of the said premises. \r\n2. That the use of the said premises for the said period was reasonable worth        rupees. \r\n3. The defendant has not paid the money. \r\n[As in paras 4 & 5 of Form No.  1] \r\n4. The plaintiff as executor of X.Y., claims [Relief claimed]. \r\n_______ \r\nNO. 10 \r\nON AN AWARD \r\n(Title) \r\nA. B., the above­named plaintiff, states as follows:__ \r\n1. On the        day of   19 , the plaintiff  and defendant,  having a difference \r\nbetween them concerning [a demand of the plaintiff  for the price of ten barrels of oil which the \r\ndefendant refused to pay], agreed in writing to submit the difference to the arbitration of E. F. and \r\nG.H., and the original document is annexed hereto. \r\n2. On the   day of    19 ,the arbitrators awarded that the defendant \r\nshould [pay the plaintiff   rupees]. \r\n3. The defendant has not paid the money. \r\n[As in para 4 and 5 of Form No. 1, and relief claimed]. \r\n________ \r\n \r\n   \r\n \r\nPage 191 of 318 \r\n \r\nNO. 11 \r\nON A FOREIGN JUDGMENT \r\n(Title) \r\nA. B., the above­named plaintiff states as follows:__ \r\n1. On the         day of         19 ,  at   in  the State [ or Kingdom]  of        \r\n ,the          Court of that State [ or Kingdom],  in  a suit  therein pending between the plaintiff  \r\nand defendant,  duly  adjudged that the defendant should pay to the plaintiff                 \r\nrupees, with interest from  the said date, \r\n2. The defendant has not paid the money. \r\n[As in paras 4 and 5 of Form No 1, and Relief claimed]. \r\n_______ \r\nNO. 12 \r\nAGAINST SURETY FOR PAYMENT OF RENT \r\n(Title) \r\nA. B., the above­named plaintiff, states as follows:__ \r\n1. On the   day of    19 , E. F .  hired from the plaintiff for the  \r\nterm of   years, the [house No.    Street], at the annual rent   of \r\nrupees, payable [monthly]. \r\n2. The defendant agreed, in consideration of the letting of the premises to E.F., to guarantee \r\nthe punctual payment of the rent. \r\n3. The rent for the  month of    19 , amounting to   rupees, has \r\nnot been paid. \r\n[If, by the terms of the agreement, notice is required to be given to the surety, add:__] \r\n4. On the   day of    19, the plaintiff gave notice to the defendant of \r\nthe non­payment of the rent, and demanded payment thereof. \r\n5. The defendant has not paid the same. \r\n[As in paras 4 and 5 of Form No. 1, and Relief claimed] \r\n________ \r\n  \r\n   \r\n \r\nPage 192 of 318 \r\n \r\nNO. 13 \r\nBREACH OF AGREEMENT TO PURCHASE LAND \r\n(Title) \r\nA. B., the above­named plaintiff, states as follows:__ \r\n1. On the        day of         19 ,        the plaintiff and defendant entered \r\ninto an agreement, and the original document is hereto annexed. \r\n[Or, on the    day of    19 ,  the  plaintiff  and  defendant  \r\nmutually  agreed  that  the  plaintiff should sell to the defendant and that the defendant should purchase  \r\nfrom the  plaintiff  forty bighas of land in the village of             for   rupees.] \r\n2. On the         day of    19 , the plaintiff, being then the absolute \r\nowner of the property [and  the same being free from incumbrances as was made to appear to the \r\ndefendant], tendered to the defendant a sufficient instrument of transfer of the same [ or,  was ready \r\nand willing,  and is  still ready  and willing, and offered, to transfer the same to the defendant by a \r\nsufficient instrument]  on  the  payment by the defendant of the sum agreed upon. \r\n3. The defendant has not paid the money. \r\n[As in paras 4 and 5 of Form No. 1, and relief claimed] \r\n_______ \r\nNO. 14 \r\nNOT DELIVERING GOODS SOLD \r\n(Title) \r\nA. B., the above­named plaintiff, states as follows:__ \r\n1. On the            day of   19,        the plaintiff and defendant mutually \r\nagreed that the defendant should deliver (one  hundred barrels of flour) to the  plaintiff  on the         \r\n  day of    19 , and that the plaintiff should  pay therefore   \r\n rupees on delivery. \r\n2. On the [said] day the plaintiff was ready and willing, and offered, to pay the defendant the  \r\nsaid sum upon delivery of the goods. \r\n3. The defendant has not delivered the goods, and the plaintiff has been deprived of the profits \r\nwhich would have accrued to him from such delivery. \r\n[As in paras. 4 and 5 of Form No. 1, and Relief claimed] \r\n_______ \r\n  \r\n   \r\n \r\nPage 193 of 318 \r\n \r\nNO. I5 \r\nWRONGFUL DISMISSAL \r\n(Title) \r\nA.B., the above­named plaintiff, states as follows:__ \r\n1. On the   day of   19 , the plaintiff and defendant mutually agreed that \r\nthe plaintiff should serve the defendant as [an accountant, or in the capacity of foreman, or as the case \r\nmay be], and that the defendant should employ the plaintiff as such for the term of [one year]  and  pay  \r\nhim  for  his services    rupees [monthly]. \r\n2. On the       day of       19, the  plaintiff  entered upon the  service  of the  \r\ndefendant  and has ever  since been, and still is, ready and willing to continue in such service during \r\nthe  remainder of the  said  year whereof the defendant always has had notice. \r\n3. On the           day of    19 , the defendant wrongfully discharged the \r\nplaintiff, and refused to permit him to serve as aforesaid, or to pay him for his services. \r\n[As in paras. 4 and 5 of Form No. 1, and Relief claimed] \r\n________ \r\nNO. 16 \r\nBREACH OF CONTRACT TO SERVE \r\n(Title) \r\nA. B., the above­named plaintiff, states as follows:__ \r\n1. On the          day of    19 , the plaintiff and defendant mutually agreed \r\nthat the plaintiff should  employ  the  defendant  at  an  [annual] salary of    rupees, and \r\nthat the defendant should serve the plaintiff as [an artist] for the term of [one year]. \r\n2. The plaintiff has always been ready and willing to perform his part of the agreement [and  \r\non the    day of    19, offered so to do.] \r\n3. The defendant [entered upon] the service o f the plaintiff on the above  mentioned day, but \r\nafterwards on the   day of    19        , he refused to serve the plaintiff as \r\naforesaid. \r\n[As in paras. 4 and 5 of form No. 1, and Relief claimed] \r\n_______ \r\nNO. 17 \r\nAGAINST A BUILDER FOR DEFECTIVE WORKMANSHIP \r\n(Title) \r\nA.B., the above­named plaintiff, states as follows:__ \r\n   \r\n \r\nPage 194 of 318 \r\n \r\n1. On the   day of    19 , the plaintiff and defendant entered into an \r\nagreement, and the original document is hereto annexed, [or state the tenor of the contract of]. \r\n[2. The plaintiff duly performed all the conditions of the agreement on his part.] \r\n3. The defendant [built the house referred to in the agreement in a bad and unworkmanlike \r\nmanner]. \r\n[As in paras 4 and 5 of Form No. 1, and Relief claimed] \r\n_______ \r\nNO.18 \r\nON A BOND FOR THE FIDELITY OF A CLERK \r\n(Title) \r\nA.B., the above­named plaintiff, states as follows:__ \r\n1. On the   day of    19     , the plaintiff took E.F., into his employment \r\nas a clerk. \r\n2. In consideration thereof, on the    day of   19, the defendant agreed \r\nwith the plaintiff tha t if E.F., should not faithfully perform his duties as a clerk to the plaintiff, or \r\nshould fail to account to the plaintiff for all monies, evidences of debt or other property received by \r\nhim for the use of the plaintiff, the defendant would pay to the plaintiff whatever loss he might sustain \r\nby reason thereof, not exceeding            rupees. \r\n[Or, 2. In consideration thereof, the defendant by his bond of the same date bound himself to \r\npay the plaintiff the penal sum of    rupees,  subject  to  the  conditi on  that  if  E.F.  should \r\nfaithfully perform his duties as clerk and cashier to the plaintiff and should justly account to the \r\nplaintiff for all monies, evidences of debt or other property which should be at any time held by him \r\nin trust for the plaintiff, the bond should be void.] \r\n[Or. 2. In consideration thereof on the same date the defendant executed of a bond in favour of \r\nthe plaintiff, and the original document is hereto annexed.] \r\n3. Between the   day of    l9, and the   day of   19, \r\nE.F. received money and other property, amounting to the value of    rupees, for the use \r\nof the plaintiff for which sum he has not  accounted to him, and the same still remains due and unpaid. \r\n[As in paras. 4 and 5 of Form No. 1, and Relief claimed] \r\n_______ \r\nNO. 19 \r\nBY TENANT AGAINST LANDLORD, WITH SPECIAL DAMAGE \r\n(Title) \r\n \r\n   \r\n \r\nPage 195 of 318 \r\n \r\nA. B., the above­named plaintiff, states as follows:__ \r\n1. On the      day of      19  , the  defendant, by a  registered instrument, \r\nlet to the  plaintiff  [the  house No.           , Street] for the  term of          years, contracting \r\nwith  the  plaintiff,  that  he, the  plaintiff,  and his legal representatives should quietly enjoy possession \r\nthereof for the said term. \r\n2. All conditions were fulfilled and all things happened neces sary to entitle the plaintiff to \r\nmaintain this suit. \r\n3. On the   day of   19  , during the said term, E. F., who was the lawful \r\nowner of the said house, lawfully evicted the plaintiff therefrom, and still withholds the possession \r\nthereof from him. \r\n4. The plaintiff was thereby [prevented from continuing  the  business  of  a  tailor  at  the  said  \r\nplace, was compelled to expend   rupees in moving, and lost the custom of G.H., and I. J., \r\nby such removal]. \r\n[As in paras. 4 and 5 of Form No. 1, and Relief claimed] \r\n_______ \r\nNO. 20 \r\nON AN AGREEMENT OF INDEMNITY \r\n(Title) \r\nA. B., the above­named plaintiff, states as follows:__ \r\n1. On the   day of    19 , the plaintiff and defendant, being \r\npartners in trade under the style of A.B. and C. D., dissolved the partnership, and mutually agreed that \r\nthe defendant should take and keep  all the partnership property, pay all debts of the firm and indemnify \r\nthe plaintiff against all claims that might be upon him on account of any indebtedness of the firm. \r\n2. The plaintiff duly performed all the conditions of the agreement on his part. \r\n3. On the      day of      19 , [a judgment was recovered against the \r\nplaintiff and defendant by E. F.,  in  the  High  Court  of  Judicature  at         , upon  a  debt                   \r\ndue  from the  firm to  E.F.,  and  on  the          day of   19 ,] the plaintiff paid          \r\nrupees [in satisfaction of the same]. \r\n4. The defendant has not paid the same to the plaintiff]. \r\n[As in paras. 4 and 5 of Form No. 1, and Relief claimed] \r\n_______ \r\n  \r\n   \r\n \r\nPage 196 of 318 \r\n \r\nNO. 21 \r\nPROCURING PROPERTY BY FRAUD \r\n(Title) \r\nA. B., the  above­named plaintiff,  states as follows:__ \r\n1. On the     day of      19     , the  defendant, for the  purpose  of inducing \r\nthe  plaintiff  to sell him certain goods, represented to the plaintiff that [he, the defendant, was solvent, \r\nand worth rupees over all his liabilities]. \r\n2. The plaintiff was thereby induced to sell [and deliver] to the defendant, [dry goods] of the \r\nvalue of  rupees. \r\n3. The said representations were false [or state the particular falsehoods] and were then known \r\nby the defendant to be so. \r\n4. The defendant has not paid for the goods. [Or, if the goods were not delivered.] The plaintiff, \r\nin preparing and shipping the  goods and procuring their  restoration, expended  rupees. \r\n[As in paras. 4 and 5 of Form No. 1, and Relief claimed] \r\n_______ \r\nNO. 22 \r\nFRAUDULENTLY PROCURING CREDIT TO BE GIVEN TO ANOTHER PERSON \r\n(Title) \r\nA,B., the above­named plaintiff, states as follows:__ \r\n1. On the  day of   19       , the defendant represented to the plaintiff that E.F. \r\nwas solvent and in good credit, and worth  rupees over all his liabilities [ or that E. F. then held a \r\nresponsible situation and was in good circumstances, and might safely be trusted with goods on credit]. \r\n2. The plaintiff was thereby induced to sell to E.F.  [rice] of the value of   rupees [on \r\n  months credit]. \r\n3. The said representations were false and were then known by the defendant to be so, and were \r\nmade by him with intent to deceive and defraud the plaintiff [or to deceive and injure the plaintiff]. \r\n4. E. F. [did not pay for the said goods at the expiration of the credit aforesaid, or] has not paid \r\nfor the said rice, and the plaintiff has wholly lost the same. \r\n[As in paras 4 and 5 of Form No. 1, and Relief claimed] \r\n_______ \r\n  \r\n   \r\n \r\nPage 197 of 318 \r\n \r\nNO. 23 \r\nPOLLUTING THE WATER UNDER THE PLAINTIFF'S LAND \r\n(Title) \r\n  A.B., the above named plaintif, states as follows:__ \r\n1. The plaintiff is, and at all the times hereinafter mentioned was, possessed of certain land \r\ncalled  and situate in          and of a well therein, and of water in the well, and was \r\nentitled to the use and benefit of the well and of the water therein, and to have certain springs and \r\nstreams of water which flowed and ran into the well to supply the same to  flow or run without being \r\nfouled or polluted. \r\n2. On the   day of    19    , the defendant wrongfully fouled and \r\npolluted the well and the water therein and the springs and streams of water which flowed into the \r\nwell. \r\n3. In consequence the water in the well became impure and unfit for domestic and other \r\nnecessary purposes, and the plaintiff and his family are deprived of the use and benefit of the well and \r\nwater. \r\n[As in paras. 4 and 5 of Form No, 1 and Relief claimed] \r\n_______ \r\nNO. 24 \r\nCARRYING ON A NOXIOUS MANUFACTURE. \r\n(Title) \r\nA. B., the above­named plaintiff, states as follows: \r\n1. The plaintiff is, and at all the times hereinafter mentioned was, possessed of certain lands \r\ncalled          ,   situated in   . \r\n2. Ever since the      day of      19, the  defendant  has wrongfully  caused \r\nto issue  from certain  smelting works carried on by the defendant large quantities of offensive and \r\nunwholesome smoke and other vapours and noxious matter, which spread themselves over and upon  \r\nthe  said  lands  and  corrupted the air, and settled on the surface of the lands. \r\n3. Thereby the trees, hedges, herbage and crops of the plaintiff growing on the lands were \r\ndamaged and deteriorated in value, and the cattle and live­stock of the plaintiff on the  lands became  \r\nunhealthy, and many of them were poisoned and died. \r\n4. The plaintiff was unable to graze the lands with cattle and sheep  as he  otherwise  might  \r\nhave done, and was obliged to remove his cattle, sheep and farming­stock therefrom,  and  has  been  \r\nprevented from having so beneficial and healthy a use and occupation of the  lands as he  otherwise \r\nwould have had. \r\n[As in paras. 4 and 5 of Form No. 1. and Relief claimed] \r\n   \r\n \r\nPage 198 of 318 \r\n \r\nNO. 25  \r\nOBSTRUCTING A RIGHT OF WAY \r\n(Title) \r\nA.B., the above­named plaintiff, states as follows:__ \r\n1. The plaintiff is, and at the time hereinafter mentioned was, possessed of [a house in the \r\nvillage   of   ]          . \r\n2. He was entitled to a right of way from the [house] over a certain field to a public highway \r\nand back again from the highway over the field to the house, for himself and his servants [with vehicles, \r\nor on foot] at all times of the year. \r\n3. On the  day of    19   , defendant wrongfully obstructed the said \r\nway, so that the plaintiff  could not pass [with  vehicles, or on foot, or in any manner] along the way \r\n[and has  ever  since wrongfully obstructed the same]. \r\n4. (State special damage, if any). \r\n[As in paras. 4 and 5 of Form No. 1, and Relief claimed]. \r\n_______ \r\nNO. 26  \r\nOBSTRUCTING A HIGHWAY \r\n(Title) \r\n1. The defendant wrongfully dug a trench and heaped up earth and stones in the public highway \r\nleading from   to   so as to obstruct it. \r\n2. Thereby the plaintiff, while lawfully passing along the said highway, fell over the said earth \r\nand stones [or into the said trench] and broke his arm, and suffered great pain, and was prevented from \r\nattending to his business for a long time, and incurred expense for medical attendance. \r\n[As in paras. 4 and 5 of Form No. 1, and Relief claimed] \r\n_______ \r\nNO 27 \r\nDIVERTING A WATER­COURSE \r\n(Title) \r\nA. B., the above­named plaintiff, states as follows:__ \r\n1. The plaintiff is, and at the time hereinafter mentioned was, possessed of a mill situated on a \r\n[stream] known as the   , in the village of   , district of   . \r\n2. By reason of such possession the plaintiff was entitled to the flow of the stream for working \r\n   \r\n \r\nPage 199 of 318 \r\n \r\nthe mill. \r\n3. On the   day of   19   ,      the defendant, by cutting the bank of the stream, \r\nwrongfully diverted the water thereof, so that less water ran into the plaintiff's mill. \r\n4. By reason thereof the  plaintiff  has been unable  to grind  more than      sacks per \r\nday, whereas, before the said diversion of water, he was able to grind    sacks per \r\nday. \r\n[As in paras. 4 and 5 of Form No. 1, and Relief claimed] \r\n_______ \r\nNO. 28 \r\nOBSTRUCTING A RIGHT TO USE WATER IRRIGATION \r\n(Title) \r\nA. B., the above­named plaintiff, states as follows:__ \r\n1. Plaintiff is, and was at the  time  hereinafter mentioned, possessed of certain lands situate, \r\netc.,  and entitled to take and use a portion of the water of a certain stream for irrigating the said lands. \r\n2. On the   day   l9    , the defendant prevented the plaintiff from  taking  \r\nand  using  the said portion of the said water as aforesaid, by wrongfully obstructing and diverting the \r\nsaid stream. \r\n[As in paras. 4 and 5 of Form No. 1, and Relief claimed] \r\n_______ \r\nNO. 29 \r\nINJURIES CAUSED BY NEGLIGENCE ON A RAILROAD \r\n(Title) \r\nA. B., the above­named plaintiff, states as follows:__ \r\n1. On the   day  of  19     , the defendants were common carriers of \r\npassengers railway between    and   . \r\n2. On that day the plaintiff was a passenger in one of the carriages of the defendants on the said \r\nrailway. \r\n3. While he was such passenger, at    [or near the station of             or between \r\nthe stations of   and   ], a collision occurred on the said railway caused by the \r\nnegligence and unskillfullness of the defendants' servants, whereby the plaintiff was much injured \r\n[having his  leg broken, his head cut, etc., and state the special damage, if any as], and incurred expense \r\nfor medical attendance, and is permanently disabled from carrying on his former business as a \r\n[salesman]. \r\n   \r\n \r\nPage 200 of 318 \r\n \r\n[As in paras. 4 and 5 of Form No. 1, and Relief claimed] \r\n[Or thus:__ 2. On that day the defendants by their servants so negligently and unskillfully drove \r\nand managed an engine and a train of carriages attached thereto upon and along the defendants’ railway \r\nwhich the plaintiff was then lawfully crossing, that the said engine and train were driven and struc k \r\nagainst the plaintiff, whereby, etc., as in para 3.] \r\n_______ \r\nNO. 30 \r\nINJURIES CAUSED BY NEGLIGENT DRIVING \r\n(Title) \r\nA. B., above­named plaintiff, states as follows:__ \r\n1. The  plaintiff  is  a  shoemaker,  carrying  on business at    . The defendant is a \r\nmerchant of  . \r\n2. On the          day of          19         , the plaintiff was walking \r\n1[westward] along 1[ Bunder Road], in the  City of 1[Karachi], at about 3 o’clock in the afternoon. He \r\nwas obliged to cross  1[Wood Street], which is   a street running into 1[Bunder Road] at right angles. \r\nWhile he was crossing this street, and just before he could reach the foot­pavement on the further side \r\nthereof, a carriage of the defendant's drawn by two horses under the cha rge and control of the \r\ndefendant's servants, was negligently, suddenly and without any warning turned at a rapid and \r\ndangerous pace out of 1[wood Street] into 1[Bunder Road]. The pole of the carriage struck the plaintiff \r\nand knocked him down, and he was much trampled by the horses. \r\n3. By the blow and fall and trampling the plaintiff's left arm was broken and he was bruised \r\nand injured on the side and back, as well as internally, and in consequence thereof the plaintiff was for \r\nfour months ill and in suffering, and unable to attend to his business, and incurred heavy medical and \r\nother expenses, and sustained great loss of business and profits. \r\n[As in paras. 4 and 5 of Form No. 1, and Relief claimed] \r\n_______ \r\n \r\n \r\n \r\n \r\n \r\n \r\n1Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s.4 and Third Sch., for “southward”. \r\n \r\n  \r\n   \r\n \r\nPage 201 of 318 \r\n \r\nNO. 31 \r\nFOR MALICIOUS PROSECUTION \r\n(Title) \r\n[A.B., the above­named plaintiff, states as follows:__ \r\n1. On the    day of  19     ,  the  defendant    obtained  a  warrant  of \r\narrest from   [a Magistrate of the said City, or as the case may be]on a charge of   \r\n      ,  and the plaintiff was arrested thereon, and imprisoned for       [days, or hours, \r\nand gave bail in the sum of         rupees to obtain his release]. \r\n 2. In so doing the defendant acted maliciously and without reasonable or probable cause. \r\n3. On the             day of    19   , the Magistrate dismissed the complaint of \r\nthe defendant and acquitted the plaintiff. \r\n4. Many pe rsons, whose names are unknown to the plaintiff,  hearing of the  arrest, and \r\nsupposing  the plaintiff to be a criminal, have ceased to do business with him; or in consequence of \r\nthe said arrest,  the plaintiff lost his situation as clerk to one E. F. ; or in consequence the plaintiff \r\nsuffered pain of body  and mind, and was prevented from transacting his business, and was injured in \r\nhis credit, and incurred expense in obtaining his release from the said imprisonment and in defending \r\nhimself against the said complaint. \r\n[As in paras. 4 and 5 of Form No. 1, and Relief claimed.] \r\n_______ \r\nNo. 32 \r\nMOVEABLES WRONGFULLY DETAINED \r\n(Title) \r\nA. B., the above­named plaintiff states as follows:__ \r\n1. On the               day of   19    , plaintiff owned [ or state facts showing a right to \r\nthe possession] the goods mentioned in the schedule hereto annexed [ or describe  the  goods ],  the  \r\nestimated  value  of  which  is               rupees. \r\n2. From that day until the commencement of this suit the defendant has detained the same from \r\nthe plaintiff. \r\n3. Before the commencement of the suit, to wit, on the        day of       19    , the plaintiff \r\ndemanded the  same from the defendant, but he refused to deliver them. \r\n[As in paras. 4 and 5 of Form No. 1] \r\n6. The plaintiff claims__ \r\n(1) delivery of the  said goods, or   rupees, in case delivery          cannot be had ; \r\n   \r\n \r\nPage 202 of 318 \r\n \r\n(2) rupees Compensation for the detention thereof. \r\n_______ \r\nThe Schedule \r\n_______ \r\nNO. 33 \r\nAGAINST A FRAUDULENT PURCHASER AND HIS TRANSFEREE WITH NOTICE \r\n(Title) \r\nA. B., the above­named plaintiff, states as follows:__ \r\n1. On the   day of   19   , the defendant C.D., for the purpose of inducing the \r\nplaintiff to sell him certain goods, represented to the  plaintiff that [he was  solvent, and worth  \r\n  rupees over all his liabilities]. \r\n2. The plaintiff was thereby induced to sell and deliver to C. D. [one hundred boxes of tea], the \r\nestimated value of which is    rupees. \r\n3. The said representations were false, and were then known by C.D. to be so [or at the time of \r\nmaking the said representations, C.D. was insolvent, and knew himself to be so]. \r\n4. C.D. afterwards transferred the said goods to the defendant E. F.  without consideration [or \r\nwho  had notice of the falsity of the representation]. \r\n[As in paras. 4 and 5 of Form No. 1] \r\n7. The plaintiff claims___ \r\n(1) delivery of the  said goods, or   rupees, in case  delivery cannot be had; \r\n  (2)    rupees compensation for the detention thereof. \r\n_______ \r\nNO. 34 \r\nRESCISSION OF A CONTRACT ON THE GROUND OF MISTAKE \r\n(Title) \r\nA.B., the above­named plaintiff, states as follows:__ \r\n1. On the   day of   19   , the defendant represented to the plaintiff that a \r\ncertain piece of ground belonging to  the  defendant, situated at   , contained [ten bighas]. \r\n2. The plaintiff' was  thereby induced to purchase the  same at the  price of       \r\nrupees in the belief that the  said representation was true, and signed an agreement of which the  original  \r\nis  hereto  annexed. But the  land  has not been transferred to him. \r\n \r\n   \r\n \r\nPage 203 of 318 \r\n \r\n3. On the         day of   19   , the  plaintiff  paid  the  defendant        rupees  as  \r\npart  of  the  purchase­ money. \r\n4. That the said piece of ground contained in fact only [five bighas]. \r\n[As in paras. 4 and 5 of Form No. 1] \r\n7. The plaintiff claims___ \r\n(1)    rupees, with interest from the day    of   19, \r\n(2) that the said agreement be delivered up and cancelled. \r\n_______ \r\nNO. 35 \r\nAN INJUNCTION RESTRAINING WASTE \r\n(Title) \r\nA.B., the above named plaintiff, states as follows:__ \r\n1. The plaintiff is the absolute owner of [describe the property]. \r\n2. The defendant is in possession of the same under a lease from the Plaintiff. \r\n3. The defendant has [cut down a number of valuable trees, and threatens to cut down many \r\nmore for the purpose of sale] without the consent of the plaintiff. \r\n[As in paras. 4 and 5 of Form No. 1] \r\n6. The plaintiff claims that the defendant be restrained by injunction from committing or \r\npermitting any further waste on the said premises. \r\n[Pecuniary compensation may also be claimed] \r\n_______ \r\nNO. 36 \r\nINJUNCTION RESTRAINING NUISANCE \r\n(Title)  \r\nA.B., the above named plaintiff, states as follows:__ \r\n1. Plaintiff  is, and  at all the  times  hereinafter mentioned  was, the  absolute  owner  of [the  \r\nhouse No.    ,       Street 1[Karachi]]. \r\n1Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951),s.4 and third Sch. \r\n  \r\n   \r\n \r\nPage 204 of 318 \r\n \r\n2. The defendant is, and at all the said times was, the absolute owner of [a plot of ground in the same \r\nstreet  ]. \r\n3. On the      day  of       19   ,  the   defendant  erected  upon  his   said  plot  a  slaughter­house,  \r\nand  still maintains the same; and  from  that  day  until  the  present  time   has  continually  caused  cattle  to  \r\nbe  brought  and killed there [and has caused the blood and offal to be thrown i nto the street opposite the said \r\nhouse of the plaintiff]. \r\n[4. In consequence the plaintiff has been compelled to abandon the said house, and has been unable to \r\nrent the same.] \r\n[As in paras 4 and 5 of Form No. 1] \r\n7. The plaintiff claims that the defendant be restrained by injunction from committing or permitting any \r\nfurther nuisance. \r\n_______ \r\nNO. 37 \r\nPUBLIC NUISANCE \r\n(Title) \r\nA. B., the above named plaintiff, states as follows:__ \r\n1. The defendant has wrongly heaped up earth and stones on a public road known as              \r\n street at   so as to obstruct the passage of the public along the same and threatens and \r\nintends unless restrained from so doing, to continue and repeat the said wrongful act. \r\n2. The plaintiff has obtained the consent in writing of the Advocate General [or of the Collector or other \r\nofficer appointed in this behalf] to the institution of this suit. \r\n[As in paras. 4 and 5 of Form No. 1] \r\n5. The plaintiff claims__ \r\n(1)  a declaration that the defendant is not entitled to obstruct the passage of the public along \r\nthe said public road; \r\n(2)  an injunction restraining the defendant from obstructing the passage of the public along \r\nthe said  public road and directing the defendant to remove the earth and stones \r\nwrongfully heaped up as aforesaid. \r\n_______ \r\nNO. 38 \r\nINJUNCTION AGAINST THE DIVERSION OF WATER­COURSE \r\n(Title) \r\nA.B., the above­named plaintiff, states as follows:__ \r\n[As in Form No. 27] \r\nThe plaintiff claims that the defendant be restrained by injunction from diverting the water as aforesaid. \r\n   \r\n \r\nPage 205 of 318 \r\n \r\nNo. 39 \r\nRESTORATION OF MOVEABLE PROPERTY THREATENED WITH DESTRUCTION, \r\nAND FOR AN INJUNCTION \r\n(Title) \r\nA.B., the above­named plaintiff, states as follows:__ \r\n1. Plaintiff is, and at all times hereinafter mentioned was, the owner of [a portrait of his grand­  \r\nfather which was executed by an eminent painter] and of which no duplicate exists [or state any facts \r\nshowing that the property is of a kind that cannot be replaced by money]. \r\n2. On the   day of    19   , he deposited the same for safe­keeping \r\nwith the defendant. \r\n3. On the         day of         19   ,        he  demanded the  same  from the  defendant  and offered \r\nto pay all reasonable charges for the storage of the same. \r\n4. The defendant refuses to deliver the same  to the  plaintiff  and threatens to conceal, dispose \r\nof,  cut or injure the same if required to deliver it up. \r\n5. No pecuniary compensation would be an adequate compensation to the plaintiff  for the  loss \r\nof  the [painting]. \r\n[As in paras.4 and 5 of Form No. 1] \r\n8. The plaintiff claims__ \r\n(1)  that the defendant be restrained by injunction from disposing of injuring or \r\nconcealing the said [painting] ; \r\n(2) that he be compelled to deliver the same to the plaintiff. \r\n_______ \r\nNo. 40 \r\nINTERPLEADER \r\n(Title) \r\nA.B., the above­named plaintiff, states as follows:__ \r\n1. Before the date of the claims hereinafter mentioned G. H. omitted with the plaintiff [describe \r\nthe property] for [safe­keeping]. \r\n2. The defendant C. D. claims the same [under an alleged assignment thereof to him from G.H]. \r\n3. The defendant E. F. also claims the same [under an order of G. H. transferring the same to \r\nhim]. \r\n \r\n   \r\n \r\nPage 206 of 318 \r\n \r\n4. The plaintiff is ignorant of the respective rights of the defendants. \r\n5. He has no claim upon the said property other than for charges and costs ,  and  is  ready  and \r\nwilling to deliver it to such persons as the Court shall direct. \r\n6. The suit is not brought by collusion with either of the defendants. \r\n[As in paras.4 and 5 of Form No.1] \r\n9. The plaintiff claims__ \r\n(1)  that the defendants be restrained, by injunction, from taking any proceedings \r\nagainst the plaintiff in relation thereto; \r\n(2) that they be required to interplead together concerning their claims to the said \r\nproperty;  \r\n[(3)  that some person be authorised to  receive the said property pending such \r\nlitigation;] \r\n(4)  that upon delivering the same to such [person] the plaintiff be discharged from \r\nall liability to either of the defendants in relation thereto. \r\n_______ \r\nNo. 41 \r\nADMINISTRATION BY CREDITOR ON BEHALF OF HIMSELF AND ALL OTHER \r\nCREDITORS. \r\n(Title) \r\nA.  B. the above­named plaintiff, states as follows:__ \r\n1. E. F. late of    , was at the time of his death, and his estate still is , indebted to the \r\nplaintiff in the sum of  [here insert nature of debt and security, if any]. \r\n2. E. F.  died on or about the      day of        .  \r\nBy his last will,  dated the   day of  he appointed C. D . his executor [ or \r\ndevised his estate in trust, etc., or died intestate, as the case may be]. \r\n3. The will was proved by C. D. [or letters of administration were granted, etc.] \r\n4. The defendant has possessed himself of the movable [and immovable or the proceeds of the \r\nimmovable] property of E. F., and has not paid the plaintiff his debt. \r\n[As in paras. 4 and 5 of Form No. 1] \r\n7. The plaintiff claims that an account may be taken of the movable [and immovable] property \r\nof  E.F., deceased, and that the same may be administered under the decree of the Court. \r\n_______ \r\n  \r\n   \r\n \r\nPage 207 of 318 \r\n \r\nNo. 42 \r\nADMINISTRATION BY SPECIFIC LEGATEE \r\n(Title) \r\n[Alter form No. 41 thus]___ \r\n[Omit paragraph 1 and commence paragraph 2 ] E .F., late of died on or \r\nabout the     day of   . By his last will, dated the         day of            he appointed \r\nC. D. his executor, and bequeathed to the plaintiff [here state the specific legacy]. \r\nFor paragraph 4 substitute__ \r\nThe defendant is in possession of the movable property of E.F., and, amongst other things, of \r\nthe said [here name the subject of the specific bequest]. \r\nFor the commencement of paragraph 7 substitute__ \r\nThe plaintiff claims that the defendant may be ordered to deliver to him the said [ here name \r\nthe subject of the specific bequest], or that, etc. \r\n_______ \r\nNO. 43 \r\nADMINISTRATION BY PECUNIARY LEGATEE \r\n(Title) \r\n[Alter Form No. 41 thus]__ \r\n[Omit  paragraph  1  and  substitute   for  paragraph  2]  E.  F.,   late of                died on \r\nor about the   day of    he appointed C. D. his executor,  and bequeathed to the \r\nplaintiff a legacy of   rupees. \r\nIn paragraph 4 substitute “legacy” for “debt”. \r\nAnother Form  \r\n(Title) \r\nE. F., the above named plaintiff, states as follows :__ \r\n1. A. B. of K in the           died on the            day of                 . By his last  will,  \r\ndated the           day of, he appointed the defendant and M. N. ,[who died in the testator's lifetime] his \r\nexecutors, and bequeathed his property, whether movable or immovable, to his executors in trust, to \r\npay the rents and income thereof to the plaintiff for his life; and after his decease, and in default of his \r\nhaving a son who should attain twenty­one, or a daughter who should attain that age or marry, upon \r\ntrust as to his immovable property for the person who would be the testator’s heir­at­law, and as to  his  \r\nmovable property for the persons who would be the testator’s next­of­kin if he had died intestate at the \r\ntime  of    the death of the plaintiff, and such failure of his issue as aforesaid. \r\n   \r\n \r\nPage 208 of 318 \r\n \r\n \r\n2. The will was proved by the defendant on the          day of                         .The \r\nplaintiff has not been married. \r\n3. The testator was at his death entitled to movable and immovable property; the defendant \r\nentered into the receipt of the rents of the immovable property and got in the movable property; he has \r\nsold some part of the immovable property. \r\n[As in paras. 4 and 5 of Form No. 1] \r\n6. The plaintiff claims__ \r\n(1)  to have the movable and immovable property of A. B., administered in this Court \r\nand for that purpose to have all proper directions given and accounts taken; \r\n(2)  Such further or other relief as the nature of the case may require. \r\n_______ \r\nNo. 44 \r\nEXECUTION OF TRUSTS \r\n(Title) \r\nA. B., the above­named plaintiff, states as follows :__ \r\n1. He is one of the  trustees under  an instrument of settlement bearing date on or about the \r\n           day of            made upon  the marriage of E. F. and G. H., the father and mother \r\nof the defendant [or an instrument of transfer of the estate and effects of E. F. for the benefit of C. D., \r\nthe defendant and the other creditors of E. F.]. \r\n2. A. B. has taken upon hi mself the burden of the said trust, and is in possession of ( or of the \r\nproceeds of)  the  movable  and immovable property transferred by the said instrument. \r\n3. C. D. claims to be entitled to a beneficial interest under the instruments. \r\n[As in paras 4 and 5 of Form No. 1] \r\n6. The plaintiff is desirous to account for all the rents  and  profits of the  said immovable  \r\nproperty [and the  Proceeds of the sale of the said, or of part of the said, immovable  property, or \r\nmovable, or the  proceeds of the  sale of, or of part of,  the  said movable property , or the profits \r\naccruing to the plaintiff as such trustee in the execution of the said trust]; and The prays that the Court \r\nwill take the accounts of the said trust, and also tha t the whole of the said trust estate may be \r\nadministered in the Court for the benefit of C.D., the defendant, and all other persons who may be  \r\ninterested  in such  administration,  in the presence of C.D. and such other persons so interested as the \r\nCourt may direct, or that C.D. may show good cause to  the  contrary. \r\n[N. B.__ Where the suit is by a beneficiary, the plaint may be modelled, mutatis mutandis on the \r\nplaint by a legatee]. \r\n \r\nNo. 45 \r\n   \r\n \r\nPage 209 of 318 \r\n \r\nFORECLOSURE OR SALE \r\n(Title) \r\nA. B., the above­named plaintiff, states as follows :__ \r\n1. The plaintiff is mortgagee of lands belonging to the defendent. \r\n2. The following are the particulars of the mortgage:__ \r\n(a) (date); \r\n(b) (names of mortgagor and mortgagee); \r\n(c) (sum secured); \r\n(d) (rate of Interest); \r\n(e) (Property subject to mortgage); \r\n(f) (amount now due); \r\n(g) if (the plaintiff's title is derivative, state shortly the transfers or devolution under \r\nwhich he claims). \r\n(If the plaintiff is mortgagee in possession, add) \r\n3. The  plaintiff  took possession of the  mortgaged property on the   day of  \r\n and is ready to account as mortgagee in possession from that time. \r\n[As in paras.4 and 5 of Form No. 1] \r\n6. The plaintiff claims__ \r\n(1) payment, or in default [sale or] foreclosure [and possession];  \r\n[Where Order 34, rule 6, applies.] \r\n(2) In case the proceeds of the sale are found to be insufficient to pay the amount \r\ndue to the plaintiff, then that liberty be reserved to the plaintiff to a pply for a \r\ndecree for the balance. \r\n_______ \r\nNo. 46 \r\nREDEMPTION \r\n(Title) \r\nA. B., the above­named plaintiff, states as follows :__ \r\n1. The plaintiff is mortgagor of lands of which the defendant is mortgagee. \r\n   \r\n \r\nPage 210 of 318 \r\n \r\n2. The following are the particulars of the mortgage:__ \r\n(a) (date) ; \r\n(b) names of mortgagor and mortgagee); \r\n(c) (sum secured); \r\n(d) (rate of interest); \r\n(e) (property subject to mortgage); \r\n(f) (If the plaintiff's title is derivative, state shortly the transfers or, devolution \r\nunder which he claims). \r\n(If the defendant is mortgagee in possession, add) \r\n3. The defendant has taken possession [or has received the rents] of the mortgaged property. \r\n[As in paras. 4 and 5 of Form No. 1] \r\n6. The plaintiff claims to redeem the said property and to have the same reconveyed  to him \r\n[and to have possession thereof]. \r\n_______ \r\nNO. 47 \r\nSPECIFIC PERFORMANCE (NO. 1) \r\n(Title) \r\nA.B., the above named­plaintiff, states as follows:__ \r\n1. By an agreement dated the           day of            and signed by the defendant, he \r\ncontracted to buy   of [or sell to] the plaintiff certain immovable property therein described and referred \r\nto, for the sum of    rupees. \r\n2. The plaintiff has applied to the defendant specifically  to perform the  agreement  on his part, \r\nbut the defendant has not done so. \r\n3. The plaintiff has been and still is ready and willing specifically to perform the agreement  on \r\nhis  part of which the defendant has had notice. \r\n[As in paras 4 and 5 of Form No. 1] \r\n6. The plaintiff claims that the Court will order the defendant specific ally to perform the \r\nagreement and to do all acts necessary to put the plaintiff in full possession of the said property [or to \r\naccept a transfer and possession of the said property] and to pay the costs of the suit. \r\n_______ \r\n  \r\n   \r\n \r\nPage 211 of 318 \r\n \r\nNO. 48 \r\nSPECIFIC PERFORMANCE (No.2) \r\n(Title) \r\nA. B., the  above­named plaintiff,  states as follows:__ \r\n1. On  the   day  of   19, the plaintiff and defendant entered  into  an  \r\nagreement, in  writing, and the original document is hereto annexed. \r\nThe defendant was absolutely entitled to the immovable property described in the agreement. \r\n2. On the   day of   19    ,  the plaintiff tendered    rupees to \r\nthe defendant, and demanded a transfer of the said property by a sufficient instrument. \r\n3. On the   day   19    , the plaintiff again demanded such transfer [Or the \r\ndefendant refused to transfer the same to the plaintiff.] \r\n4. The defendant has not executed any instrument of transfer. \r\n5. The plaintiff is still ready and willing to pay the purchase­money of the said property to the \r\ndefendant. \r\n[As in paras 4 and 5 of Form No. 1] \r\n8. The plaintiff claims__ \r\n(1) That the defendant transfers the said property to the plaintiff by a sufficient \r\ninstrument [following the terms of the agreement] ; \r\n(2)  rupees compensation for withholding the same. \r\n_______ \r\nNO. 49 \r\nPARTNERSHIP \r\n(Title) \r\nA. B., the above­named plaintiff, states as follows:__ \r\n1. He  and  C.D., the  defendant have  been for  years [or months] past carrying on \r\nbusiness together under articles of partnership in writing [ or under a deed, or under a verbal  \r\nagreement]. \r\n2. Several disputes and differences have arisen between the plaintiff and defendant as such \r\npartners whereby it has become impossible to carry on the business in partnership with advantage to \r\nthe partners. [Or the defendant has committed the following breaches of the partnership articles:__ \r\n \r\n  \r\n   \r\n \r\nPage 212 of 318 \r\n \r\n(1) \r\n(2) \r\n(3) \r\n[As in paras. 4 and 5 of Form No. 1] \r\n5. The plaintiff claims__ \r\n(1) dissolution of the partnership ; \r\n(2) that accounts be taken ; \r\n(3) that a receiver be appointed. \r\n(N. B.__ In suits for the winding­up of any partnership, omit the claim for dissolution; and instead \r\ninsert a paragraph stating the facts of the partnership having been dissolved). \r\n________ \r\n(4) Written Statements \r\nGeneral Defenses \r\nDenial.__  The defendant denies that (set out facts). \r\nThe defendant does not admit that (set out facts).  \r\nThe defendant admits that   but says that \r\nProtest.__  The defendant denies that he is a partner in the defendant firm of \r\nThe defendant denies that he made the contract alleged or any contract with the plaintiff. \r\nThe defendant denies that he contracted with the plaintiff as alleged or at all. \r\nThe defendant admits assets but not the plaintiff’s claim. \r\nThe defendant denies that the plaintiff sold to him the goods mentioned in the plaint or any \r\nof them. \r\nLimitation.__  The  suit is  barred by article or article          of the Second Schedule to the 1[Limitation \r\nAct, 1908 (IX of 1908)]. \r\nJurisdiction.__ The Court has no jurisdiction to hear the suit on the ground that (set forth the grounds). \r\nOn the               day of                a diamond ring was delivered by the defendant to and \r\naccepted by the plaintiff in discharge of the alleged cause of action. \r\nInsolvency.__ The defendant has been adjudged an insolvent. \r\nThe plaintiff before the institution of the suit was adjudged an insolvent and the right to sue \r\nvested in the receiver. \r\n \r\n1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Second Sch. \r\n  \r\n   \r\n \r\nPage 213 of 318 \r\n \r\nMinority.__ The defendant was a minor at the time of making the alleged contract. \r\nPayment  into Court.__ The  defendant as to the  whole claim (or as to Rs.  , part of the \r\nmoney claimed, (or as the case may be) has paid into Court Rs.  and \r\nsays that this sum is enoug h to satisfy the plaintiff's claim [ or the part \r\naforesaid]. \r\nPerformance  remitted.__ The  performance of the  promise alleged was remitted on the (Date). \r\nRescission.__ The contract was rescinded by agreement between the plaintiff and defendant. \r\nRes Judicata.__ The plaintiff's claim is barred by the decree in suit (give the reference). \r\nEstoppel.__ The plaintiff is estopped from denying the truth of (insert statements as to  which  estoppel  \r\nis  claimed) because (here state the facts relied on as creating the estoppel). \r\nGround of defense  subsequent  to institution of suit .__ Since the  institution of the  suit, that is to \r\nsay, on the  day of  \r\n(set out facts). \r\n_________ \r\nNO. 1 \r\nDEFENCE IN SUITS FOR GOODS SOLD AND DELIVERED \r\n1. The defendant did not order the goods. \r\n2. The goods were not delivered to the defendant. \r\n3. The price was not Rs.  \r\n[or] \r\n4.            1. \r\n5.    Except as to Rs. same as    2. \r\n6.            3. \r\n7. The defendant [or A.B., the defendant's agent] satisfied the claim by payment before suit to \r\nthe plaintiff [or to C. D., the plaintiff's agent] on the   day of    19    . \r\n8. The defendant satisfied the claim by payment after suit to the plaintiff on the   day \r\nof  19    . \r\n_______ \r\nNo. 2 \r\nDEFENCE IN SUITS ON BONDS \r\n1. The bond is not the defendant’s bond. \r\n   \r\n \r\nPage 214 of 318 \r\n \r\n2. The defendant made payment to the plaintiff on the day according to the condition of the \r\nbond. \r\n3. The defendant made payment to the plaintiff after the day named and before suit of the \r\nprincipal and interest mentioned in the bond. \r\n_______ \r\nNo. 3 \r\nDEFENCE IN SUITS ON GUARANTEES \r\n1. The principal satisfied the claim by payment before suit. \r\n2. The defendant was released by the plaintiff giving time to the principal debtor in pursuance \r\nof a binding agreement. \r\n_______ \r\nNo. 4. \r\nDEFENCE IN ANY SUIT FOR DEBT \r\n1. As to Rs. 200 of the money claimed, the defendant is entitled to set off for  goods  sold and \r\ndelivered by the  defendant  to the plaintiff. \r\nParticulars are as follows:­  \r\n  Rs. \r\n1907, January, 25th  ..  ..  ..  ..  .. 150 \r\nFebruary, 1st          ..   ..  ..  ..  .. 50 \r\n Total 200 \r\n2. As to the whole [or as to Rs.   , part of the money claimed the defendant made \r\ntender before suit of Rs.   and has paid the same into Court. \r\n_______ \r\nNo. 5. \r\nDEFENCE IN SUITS FOR INJURIES CAUSED BY NEGLIGENT DRIVING \r\n1. The defendant denies that the carriage mentioned in the plaint was the defendant's carriage, \r\nand that it was under the charge or control of the defendant ’s servants. The carriage  belonged  to \r\n   of Street,1[Karachi], livery stable keepers employed by the defendant to supply \r\nhim with carriages and horses; and the person under whose charge and control the said carriage was, \r\nwas the servant of the said. \r\n \r\n1Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), s.4 and Third Sch., for “Calcutta”. \r\n   \r\n \r\nPage 215 of 318 \r\n \r\n2. The defendant does not admit that the said carriage was turned out of 1[Wood Street] either \r\nnegligently, suddenly or without warning, or at a rapid or dangerous pace. \r\n3. The defendant says the plaintiff might and could , by the exercise of reasonable care and \r\ndiligence have seen the said carriage approaching him, and avoided any collision with it. \r\n4. The defendant does not admit the statements contained in the third paragraph of the plaint. \r\n_______ \r\nNo. 6. \r\nDEFENCE IN ALL SUITS FOR WRONGS \r\n1. Denial of the several acts [or matters] complained of. \r\n_______ \r\nNo. 7. \r\nDEFENCE IN SUITS FOR DETENTION OF GOODS \r\n1. The goods were not the property of the plaintiff. \r\n2. The goods were detained for a lien to which the defendant was entitled Particulars are as \r\nfollows:__ \r\n3. 1907, May 3rd, To carriage of the goods claimed from 1[Lahore] to 1[Karachi]:__ \r\n45 maunds at Rs. 2 per maund .. .. .. Rs. 90.00 \r\n_______ \r\nNo. 8 \r\nDEFENCE IN SUITS FOR INFRINGEMENT OF COPYRIGHT \r\n1. The plaintiff is not the author [assignee, etc.] \r\n2. The book was not registered. \r\n3. The defendant did not infringe. \r\n_______ \r\n \r\n \r\n1Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s.4 and Third Sch. \r\n  \r\n   \r\n \r\nPage 216 of 318 \r\n \r\nNO. 9 \r\nDEFENCE IN SUITS FOR INFRINGEMENT TRADE MARK \r\n1. The trade mark is not the plaintiff’s. \r\n2. The alleged trade mark is not a trade mark. \r\n3. The defendant did not infringe. \r\n_______ \r\nNO. 10 \r\nDEFENCES IN SUITS RELATING TO NUISANCES \r\n1. The plaintiff’s lights are not ancient [or deny his other alleged prescriptive rights]. \r\n2. The plaintiff's lights will not be materially interfered with by the defendant's buildings. \r\n3. The defendant denies that he or his servants pollute the water [or do what is complained of]. \r\n[If the defendant claims the right by prescription or  otherwise  to do what  is complained of, \r\nhe  must say so, and must state the grounds of the claim, i.e. whether by prescription, grant or what]. \r\n4. The plaintiff has been guilty of laches of which the following are particulars:­  \r\n1870  Plaintiff’s mill began to work. \r\n1871.  Plaintiff’s came into possession.  \r\n1883.  First complaint. \r\n5. As to the plaintiff's claim for damages the defendant will rely on the above grounds of \r\ndefence, and says that the acts complained of have not produced any damage to the plaintiff. [If other \r\ngrounds are relied on, they must be stated, e.g., limitation as to past damage.] \r\n_______ \r\nNO. 11 \r\nDEFENCE TO SUIT FOR FORECLOSURE \r\n1. The defendant did not execute the mortgage. \r\n2. The mortgage was not transferred to the plaintiff ( if more than one transfer is alleged, say \r\nwhich is denied). \r\n3. The suit is barred by article   of the second schedule to the 1[Limitation Act, \r\n1908 (IX of 1908)]. \r\n \r\n1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and Second Sch. \r\n \r\n   \r\n \r\nPage 217 of 318 \r\n \r\n4. The following payments have been made, viz:__ \r\nRs. \r\n(Insert date)___________________,  .. .. ..      1,000 \r\n(insert date)___________________,  .. .. ..      500 \r\n5. The plaintiff took possession on the  of  , and has received the rents \r\never since. \r\n6. That plaintiff released the debt on the  of  . \r\n7. The defendant transferred all his interest to A. B. by a document dated. \r\n_______ \r\nNO. 12 \r\nDEFENCE TO SUIT FOR REDEMPTION \r\n1. The plaintiff’s right to redeem is barred by article of the second schedule to the 1[Limitation \r\nAct, 1908 (IX of 1908)]. \r\n2. The plaintiff transferred all interest in the property to A. B. \r\n3. The defendant, by a document dated the    day of   transferred \r\nall his interest in the mortgaged debt and property comprised in the mortgage to A. B.  \r\n4. The defendant never took possession of the mortgaged property, or received the rents thereof. \r\n(If the defendant admits possession for a time only, he should state the time and deny possession \r\nbeyond what he admits). \r\n_______ \r\nNO. 13 \r\nDEFENCE TO SUIT FOR. SPECIFIC PERFORMANCE \r\n1. The defendant did not enter into the agreement. \r\n2. A. B. was not the agent of the defendant (if alleged by plaintiff). \r\n3. The plaintiff has not performed the following conditions__(Conditions) \r\n4. The defendant did not__(alleged acts of part performance). \r\n5. The plaintiff's title to the property agreed to be sold is not such as the defendant is bound to \r\naccept by reason of the following matter__(State why). \r\n \r\n1Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s.3 and Second Sch. \r\n  \r\n   \r\n \r\nPage 218 of 318 \r\n \r\n6. The agreement is uncertain in the following respects__(State them). \r\n7. (or) the plaintiff has been guilty of delay. \r\n8. (or) The plaintiff has been guilty of fraud (or misrepresentation). \r\n9. (or) The agreement is unfair. \r\n10. (or) The agreement was entered into by mistake. \r\n11. The following are particulars of (7), (8), (9), (10), (or as the case may be). \r\n12. The agreement was rescinded under conditions of Sale, No. 11 (or by mutual agreement). \r\n(in cases where damages are claimed and the defendant dis putes his liability to damages , he \r\nmust deny the agreement or the alleged breaches, or show whatever other ground of defence he intends \r\nto rely on, e.g., the Indian Limitation Act, accord and satisfaction, release, fraud, etc.). \r\n_______ \r\nNO. 14 \r\nDEFENCES IN ADMINISTRATION SUIT BY PECUNIARY LEGATEE \r\n1. A. B.’s will contain a charge of debts ; he died insolvent ; he was entitled at his death to \r\nsome immovable property which the defendant sold and which produced the net sum of Rs.  \r\n ,and the testator had some mov able property which the defendant got in, and which produced \r\nthe net sum of Rs.  \r\n2. The defendant applied the whole of the said sums and the sum of Rs.        which the  \r\ndefendant received from  rents of the immovable property in the payment of the funeral and \r\ntestamentary expenses and some of the debts of the testator. \r\n3. The defendant made up his accounts and sent a copy thereof to the plaintiff on the  \r\n day of    19 , and offered the plaintiff free access to the vouchers to verify \r\nsuch accounts, but he declined to avail himself of the defendant's offer. \r\n4. The defendant submits that the plaintiff ought to pay the costs of this Suit. \r\n_______ \r\nNO. 15 \r\nPROBATE OF WILL IN SOLEMN FORM \r\n1. The said will and codicil of the deceased were not duly executed according to the provisions \r\nof the 1Indian Succession Act, 1865 (X of 1865) [or of the Hindu Wills Act, 1870 (XXI of 1870)]. \r\n2. The deceased at the time the said will and codicil respectively purport to have been executed, \r\nwas not of sound mind, memory and understanding. \r\n \r\n1See now the Succession Act, 1925 (39 of 1925). \r\n   \r\n \r\nPage 219 of 318 \r\n \r\n3. The execution of the said will and codicil was obtained by the undue influence of the plaintiff \r\n[and others acting with him whose names are at present unknown to the defendant]. \r\n4. The execution of the said will and codicil was obtained by the fraud of the plaintiff, such \r\nfraud so far as is within the defendant's present knowledge, being [state the nature of the fraud]. \r\n5. The deceased at the time of the execution of the said will and codicil did  not  know  an d \r\napprove  of the  contents  thereof [ or of the contents of the residuary clauses in the said will , as the \r\ncase may be]. \r\n6. The deceased made his true  last will, dated the 1st January, 1873, and there , by appointed \r\nthe defendant sole executor thereof. \r\nThe defendant claim__ \r\n(1) that the Court will pronounce against the said will and codicil propounded by \r\nthe plaintiff ; \r\n(2) that the Court will decree probate of the will of the deceased, dated the 1st \r\nJanuary, 1873, in solemn form of law. \r\n________ \r\nNO. 16. \r\nPARTICULARS (O. 6 , r. 5) \r\n(Title of suit) \r\nParticulars. The following are the particulars of (here state the matters in respect of which \r\nparticulars have been ordered) delivered pursuant to the order of the   of   \r\n(Here set out the particulars ordered in paragraphs if necessary) \r\n_______ \r\nAPPENDIX B \r\nPROCESS \r\n_______ \r\nNO. 1 \r\nSUMMONS FOR DISPOSAL OF SUIT. (O. 5, r. 1, 5) \r\n(Title) \r\nTo \r\n[Name, description and place of residence] \r\n  \r\n   \r\n \r\nPage 220 of 318 \r\n \r\nWHEREAS ; \r\nhas instituted a suit against you for    you are hereby summoned to appear in this court in \r\nperson or by a pleader duly instructed, and able to answer all material questions relating to the suit, or who shall \r\nbe accompanied by some person able to answer all such questions, on the     day \r\nof    19,  at     o'clock in the  noon, to answer the \r\nclaim; and as the day fixed for your appearance is appointed for the final disposal of the suit, you must \r\nbe prepared to produce on that day all the witnesses upon whose evidence and all the documents upon  \r\nwhich you intend to rely in support of your defence. \r\nTake notice that, in default of your appearance on the day before mentioned , the suit will be \r\nheard  and determined in your absence. \r\nGIVEN under my hand and the seal of the Court, this   day of              19. \r\nJudge. \r\nNOTICE.__1. Should you apprehend your witnesses will not attend of their own accord, you can   have \r\na summons from this Court to compel the attendance of any witness, and the production \r\nof any document that you have a right to call upon the witness to produce, on applying to \r\nthe Court and on depositing the necessary expenses. \r\n2. If you admit the claim, you should pay the money into Court together with the costs of \r\nthe suit, to avoid execution of the decree, which may be against your person or property, \r\nor both. \r\n_______ \r\nNo. 2 \r\nSUMMONS FOR SETTLEMENT OF ISSUES, (O. 5, rr. 1, 5) \r\n(Title) \r\nTo \r\n[Name, description and place of residence] \r\nWHEREAS \r\nhas  instituted a  suit against  you for              you are  hereby summoned  to appear in this  \r\nCourt in person, or by a pleader duly instructed, and able to answer all material questions relating to \r\nthe suit, or who shall  be  accompanied by some  person able  to answer all such questions, on the \r\n  day of      19 ,       o’ clock in  the  noon, to answer \r\nthe claim; and you are directed to produce on that day all the documents upon which you intend to rely \r\nin support of your defence 1[and to file on or before that date your written statement]. \r\nTake notice that, in default of your appearance on the day before mentioned, the suit will be \r\nheard and determined in your absence. \r\n \r\n1Ins. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch. \r\n \r\n   \r\n \r\nPage 221 of 318 \r\n \r\nGIVEN under my hand and the  seal of the  Court, this      day  of           19   .                 Judge. \r\nNOTICE.__1.  Should you apprehend your witnesses will not attend of their own accord, you \r\ncan have a summons from this Court to compel the attendance of any witness, \r\nand the production of any document that you have a right to call upon the \r\nwitness to produce, on applyi ng to the Court and on depositing the necessary \r\nexpenses. \r\n      2.  If you admit the claim, you should pay the money into Court together with the \r\ncosts of the suit, to avoid execution of the decree, which may be against your \r\nperson or property, or both. \r\n_______ \r\nNO. 3 \r\nSUMMONS TO APPEAR IN PERSON (O. 5, r. 3) \r\n(Title) \r\nTo \r\n[Name, description and place of residence] \r\nWHEREAS   has  instituted a suit against you for    you are hereby summoned \r\nto appear in this  court in person on the           day of           19   , at            o'clock in \r\nthe                        noon, to answer the  claim : and  you are directed to produce on that day all the \r\ndocuments upon which you intend to rely in support of your defence. \r\n Take notice that, in default of your appearance o n the day before mentioned, the suit will be \r\nheard and determined in your absence. \r\nGIVEN under my hand and the  seal of the  Court this    day of  \r\n  19  .                 Judge. \r\n_______ \r\nNO. 4 \r\nSUMMONS IN SUMMARY SUIT ON NEGOTIABLE INSTRUMENT (O. 37, r. 2) \r\n(Title) \r\nTo, \r\n[Name, description and place of residence] \r\nWHEREAS     has institute a suit against you under Order XXXVII of \r\nthe Code of Civil Procedure, 1908, for Rs.          , balance of principal and interest due  to him \r\nas the        of a        which a copy is hereto annexed, you are hereby    \r\nsummoned to obtain leave from the Court within ten days from the service hereof to appear and defend \r\nthe  suit,  and  within such time to cause an appearance to be entered for you. In default whereof the \r\nplaintiff will be entitled at any time after the expiration of such ten days to obtain a decree for any sum \r\n   \r\n \r\nPage 222 of 318 \r\n \r\nnot exceeding the sum of Rs.     and the sum of Rs.     for costs 1[together with \r\nsuch interest, if any, from the date of the institution of the suit as the Court may order]. \r\nLeave to appear may be obtained on an application to the Court supported by affidavit or \r\ndeclaration showing that there is a defence to the suit on the merits or that it is reasonable that you \r\nshould be allowed to appear in the suit. \r\nGIVEN under my hand and the seal of the Court, this     day of \r\n    19   .         Judge. \r\n_______ \r\nNO. 5 \r\nNOTICE TO PERSON WHO, THE COURT CONSIDERS, SHOULD BE ADDED AS \r\nCO­PLAINTIFF (O. I, r. 10) \r\n(Title) \r\nTo \r\n[Name, description and place of residence] \r\nWHEREAS             has instituted the above suit against    for   \r\n and whereas it appears necessary that you should be added as a plaintiff in the said suit in order \r\nto enable the Court effectually and completely to adjudicate upon and settle all the questions involved: \r\nTake notice that you should on or before the                day of    19   , \r\nsignify to this Court whether you consent to be so added.  \r\nGIVEN under  my hand and the  seal of the Court, this    day of   \r\n   19    .         Judge. \r\n_______ \r\nNO. 6 \r\nSUMMONS TO LEGAL REPRESENTATIVE OF A DECEASED DEFENDANT (O. 22, r. 4) \r\n(Title) \r\nTo \r\nWHEREAS the plaintiff    instituted a suit in this Court on the  \r\n  day of    19  , against the defendant                        who has since \r\ndeceased, and whereas the said plaintiff has made an application to this Court alleging that you are the \r\nlegal representative of the said    deceased, and desiring that you be made the \r\ndefendant in his stead: \r\n \r\n1Ins. by the Negotiable Instruments (Interest) Act, 1926 (30 of 1926), s.4. \r\n \r\n  \r\n   \r\n \r\nPage 223 of 318 \r\n \r\nYou are hereby summoned to attend in this Court on the    day of   \r\n 19  , at             A.M. to defend the said suit and : in default of your appearance on the day \r\nspecified, the said suit will be heard and determined in your absence. \r\nGIVEN under my hand and the seal  of the Court, this        day  of  \r\n    19.        Judge. \r\n_______ \r\nNO. 7 \r\nORDER FOR TRANSMISSION OF SUMMONS FOR SERVICE IN THE JURISDICI ION \r\nOF ANOTHER COURT (O. 5, r. 21) \r\n(Title) \r\nTO \r\nWHEREAS it  is stated that    defendant/witness in the above suit is at present residing \r\nin     : it is ordered that a summons returnable  on  the          day  \r\nof          19 , be forwarded to the                   Court of                for service   on the said    \r\ndefendant/witness with a duplicate of this proceeding. \r\nThe court­fee of    chargeable in respect to the summons has been realized \r\nin this Court in stamps. \r\n Dated     19   . \r\nJudge. \r\n_______ \r\nNO. 8 \r\nORDER FOR TRANSMISSION OF SUMMONS TO BE SERVED ON A PRISONER (O. 5, r. \r\n24) \r\n(Title) \r\nTo \r\nThe Superintendent of the Jail at   \r\nUNDER the provisions of Order V, rule 24, of the Code of Civil Procedure, 1908, a summons \r\nin duplicate is herewith forwarded for service on the defendant   who is  \r\n a prisoner in jail. You are requested to cause a copy of the said summons to be served upon the \r\nsaid defendant and to return the original to this Court signed by the said defendant, with a statement \r\nof service endorsed thereon by you. \r\nJudge \r\n_______ \r\n   \r\n \r\nPage 224 of 318 \r\n \r\n \r\nNO. 9 \r\nORDER FOR TRANSMISSION OF SUMMONS TO BE SERVED ON A PUBLIC SERVANT \r\nOR SOLDIER. (O. 5, rr. 27, 28) \r\n(Title) \r\nTo \r\nUNDER the provisions of Order V, rule 27 (or 28, as the case may be), of the Code of Criminal \r\nProcedure, 1908, a summons in duplicate is herewith forwarded for service on the defendant    \r\n   who is stated to be serving under you. You  are requested to cause a copy  of the said summons \r\nto be served upon the said defendant and to return the original to this Court signed by the said \r\ndefendant, with a statement of service endorsed thereon, by you. \r\nJudge. \r\n_______ \r\nNO. 10 \r\nTO ACCOMPANY RETURNS OF SUMMONS OF ANOTHER COURT (O. 5, r. 23) \r\n(Title) \r\nRead proceeding from the     forwarding     for service \r\non       in Suit No.      of 19             of that Court. \r\nRead  Serving officer's  endorsement  stating that the   and proof of the above \r\nhaving been duly taken by me on the oath of   and    it is ordered that \r\nthe    be returned to the  with a copy of this proceeding. \r\nJudge.                                                                                                                                \r\nNOTE.__ This form will be applicable to process other summons, the service which may have \r\nto be effected in the same manner. \r\n_______ \r\nNo. 11 \r\nAFFIDAVIT OF PROCESS TO ACCOMPANY RETURN OF A SUMMONS OR NOTICE \r\n(O. 5, r. 18) \r\n(Title) \r\nThe Affidavit of   son of                 I.                         make oath/affirm and say \r\nas follows:__ \r\n(1) I am a process­server of this Court. \r\n(2) On the       day of        19   , I recei ved a summons/notice  issued by the  Court of     \r\n   \r\n \r\nPage 225 of 318 \r\n \r\n    in Suit No.         of 19 in the  said Court, dated the  day of  \r\n 19   , for service on . \r\n(3) the said                           was at the time personally known to me  and I served the said \r\nsummons/notice on him/her  on the          day  of           19   , at about \r\n         o'clock in the           noon at           by tendering a copy thereof          him/her  \r\nand requiring    his/her signature to the original summons/notice. \r\n(a) \r\n(b) \r\n(a) Here state whether the person served signed or refused to sign the process, and in whose \r\npresence. \r\n(b) Signature of process­server.  \r\nor, \r\n(3) The said            not being personally known to me   accompanied me  \r\nto       and pointed out to me  a person whom he  stated to be the  said          , and  I \r\nserved the  said summons/notice  on his/her on the   day of   19, at about \r\n o'clock in the    noon at   by tendering a copy thereof to him /her \r\nand requiring his/her signature to the original summons/notice. \r\n(a) \r\n(b) \r\n(a) Here state whether the person served signed or refused to sign the process and in whose \r\npresence. \r\n(b) Signature of process­server. \r\nor, \r\n(3) The  said         and the  house  in which he  ordinarily resides being personally known \r\nto me,  I went to the  said house,  in    and thereon the   day of   19 , \r\nat about   o'clock in the          noon, I did not find the said. \r\n(a) \r\n(b) \r\n(a) Enter fully and exactly the manner in which the  process was served, with special reference \r\nto Order 5, rule 15  and 17. \r\n(b) Signature of process­server. \r\nor, \r\n(3) One   accompanied me to    and there pointed out to me                \r\nwhich he said was the house in which    ordinarily resides. I did not find the said \r\n    there. \r\n   \r\n \r\nPage 226 of 318 \r\n \r\n(a) \r\n(b) \r\n(a) Enter fully and exactly the manner in which the process was served, with special reference \r\nto Order 5, rules 15  and 17. \r\n(b) Signature of process­server. \r\nor, \r\nIf substituted service has been  ordered, state fully and exactly the manner in which the \r\nsummons was served with  special reference to the terms of the order for substituted service. \r\nSworn/Affirmed by the said    before me this     day of   \r\n    19    . \r\nEmpowered under section 139 of the Code  \r\nof Civil Procedure, 1908 to administer  \r\nthe oath to deponents. \r\n \r\n_______ \r\nNO. 12 \r\n[NOTICE TO DEFENDANT (O. 9, r. 6)] \r\n(Title) \r\nTo \r\n[Name, description and place of residence] \r\nWHEREAS this day was fixed for the hearing of the above suit and a summons was issued to \r\nyou and the plaintiff has appeared in this  Court and you did not so appear, but from the \r\nreturn of the Nazir it has been proved to the satisfaction of the Court that the said summons was served \r\non you but not in sufficient time to  enable  you to  appear  and answer on the day fixed in the said \r\nsummons; \r\nNotice is hereby given to you that the hearing of  the suit is adjourned this day and that the\r\n  day of   19 is now fixed for the hearing of the same; in  default of your \r\nappearance on the day last mentioned the suit will  be  heard  and determined in your absence. \r\nGIVEN under  my hand and the seal of the  Court, this   day  of  19 . \r\nJudge. \r\n_______ \r\n  \r\n   \r\n \r\nPage 227 of 318 \r\n \r\nNo. 13 \r\nSUMMONS TO WITNESS (O. 16, rr. 1, 5) \r\n(Title) \r\nTo \r\nWHEREAS your attendance  is required to         on behalf of the          in the  \r\nabove  suit, you are hereby required [personally] to appear this Court  on the    day of  \r\n       19 , at   o'clock in the forenoon, and to bring with you [ or to send to this         \r\n         Court]. \r\nA sum of Rs.      , being your travelling and other expenses and subsistence  allowance  \r\nfor one  day,  is herewith sent. If you fail to comply with this order without lawful excuse, you will be \r\nsubject to the consequences of non­attendance laid down in rule 12 of Order XVI of the Code  of Civil \r\nProcedure,  1908. \r\nGIVEN under my hand and the seal of the Court, this    day  of  \r\n        19   .            Judge. \r\nNOTICE.__ (1) If you are summoned only to produce a document and not to evidence, you \r\nshall  be deemed to have complied with the summons if you cause such \r\ndocument to be produced   in this Court on the day and hour aforesaid. \r\n     (2)  If you are detained beyond the day aforesaid, a sum of Rs.          will be \r\ntendered to you for each day's attendance beyond the day specified. \r\n_______ \r\nNO. 14. \r\nPROCLAMATION REQUIRING ATTENDANCE OF WITNESS (O. 16, r. 10) \r\n(Title) \r\nTo \r\nWHEREAS it appears from the examination on oath of the serving officer that the summons \r\ncould not be served upon the witness in the manner prescribed by law: and whereas it appears  that  the \r\nevidence of the witness is material, and he absconds and keeps out of the way for the  purpose  of  \r\nevading the service of the summons : This proclamation is therefore, under rule 1 0 of Order XVI of \r\nthe Code of Civil Procedure, 1908, issued  requiring the attendance of the witness in  this Court on the \r\n  day   of      19 at       o'clock in the  forenoon and from day to day \r\nuntil he  shall have  leave  to depart;  and if   the witnes s fails to attend on the day and hour aforesaid \r\nhe will be dealt with according to law. \r\nGIVEN Under my hand and the seal of the Court, this     day  of \r\n     19   .            \r\n Judge. \r\n  \r\n   \r\n \r\nPage 228 of 318 \r\n \r\nNO. 15 \r\nPROCLAMATION REQUIRING ATTENDANCE OF WITNESS. (O. 16, r. 10) \r\n(Title) \r\nTo, \r\nWHEREAS it appears from the examination on oath of the serving officer that the  summons  \r\nhas  been duly served upon the witness, and whereas it appears that the evidence of the witness is \r\nmaterial and he has failed to attend in compliance with such summons : This proclamation is therefore, \r\nunder rule 10 of Order XVI of the Code of Civil Procedure, 1908, issued, requiring the  attendance of \r\nthe  witness in this  Court on the          day of         19 at         \r\n o'clock in the  forenoon, and fro m day to day until he shall have leave to depart ; and if the \r\nwitness fails to attend on the day and hour aforesaid he will be dealt with according to law. \r\nGIVEN under  my hand and the seal of the  Court this     day of  \r\n    19.               \r\n  Judge \r\n_______ \r\nNO. 16 \r\nWARRANT OF ATTACHMENT OF PROPERTY OF WITNESS (O. 16, r. 10) \r\n(Title) \r\nTo \r\nThe Bailiff of the Court. \r\nWHEREAS the witness     cited by    has not,  \r\nafter  the  expiration of the  period limited in the  proclamation issued for  his attendance, appeared in \r\nCourt ; you are hereby directed to hold under  attachment        property belonging \r\nto the  said               witness to the value of                  and to submit a return, accompanied with an \r\ninventory thereof, within      days. \r\nGIVEN under  my hand and the seal of the  Court, this    day of   \r\n     19 . \r\nJudge \r\n_______ \r\nNO. 17 \r\nWARRANT OF ARREST OF WITNESS. (O. 16, r. 10) \r\n(Title) \r\n  \r\n   \r\n \r\nPage 229 of 318 \r\n \r\nTo \r\nThe Bailiff of the Court. \r\nWHEREAS    has been duly served with a summons but has failed to attend \r\n[absconds and keeps out of the way for the purpose of avoiding service of a summons] ; You are hereby \r\nordered to arrest and bring the said     before the Court. \r\nYou are further  ordered to  return this  warrant on or before the   day of   19 \r\nwith an endorsement certifying the day on and the manner in which it has been executed, or the reason \r\nwhy it has not been executed. \r\nGIVEN under  my hand and the seal of the  Court, this   day of  19  . \r\nJudge \r\n_______ \r\nNO. 18 \r\nWARRANT OF COMMITTAL (O. 16, r. 16) \r\n(Title) \r\nTo \r\nThe Officer in charge of the  Jail at . \r\nWHEREAS the plaintiff (or defendant) in the above­named suit has made application to this \r\nCourt that security be taken for the appearance of         to give  evidence (or  to produce a \r\ndocument), on the       day of       19 ;  and whereas the  Court  has called upon the  \r\nsaid                    to furnish such security, which he has failed to do ; This is to require  you to receive  \r\nthe  said    into your custody in  the  civil prison and to produce him before this \r\nCourt at       on the said day and on such other day or days as may    be hereafter \r\nordered. \r\nGIVEN under my hand and the seal of the Court, this    day of  19 . \r\nJudge \r\n_______ \r\nNO. 19. \r\nWARRANT OF COMMITTAL. (O. 16, r. 18) \r\n(Title) \r\n  \r\n   \r\n \r\nPage 230 of 318 \r\n \r\nTo \r\nThe Officer in charge of the  Jail at \r\nWHEREAS   , whose attendance is required before this Court in the \r\nabove­named case to give evidence (or to produce a document) ,has been arrested and brought before  \r\nthe  Court  in  custody;  and whereas owing to the  absence  of the  plaintiff  ( or defendant), the said\r\n   cannot give such evidence ( or  produce  such document);  and whereas the  \r\nCourt  has called upon the  said       to    give  security for his appearance on the \r\n     day of       19 , at which he has failed to do; This is to require  you to receive  \r\nthe  said        into your custody in  the  civil prison  and to produce  him before  this Court at \r\n        on the          day of   19 . \r\nGIVEN under my hand and the seal of the Court, this   day of  19  . \r\nJudge \r\n_______ \r\nAPPENDIX C \r\nDISCOVERY, INSPECTION AND ADMISSION \r\n_______ \r\nNO 1 \r\nORDER FOR DELIVERY OF INTERROGATORIES (O. 11, r. 1) \r\nIn the Court of \r\nCivil Suit No.     of     19 . \r\nA. B. .. .. ..  ..  ..  ..  Plaintiff, \r\nagainst \r\nC.D., E.F. and G. H       ..          ..           ..         ..          ..          ..          Defendants \r\nUpon hearing    and upon reading the affidavit  of   filed the  \r\n day               of   19   ; It is ordered that the          be at liberty to \r\ndeliver to the                       interrogatories in writing, and that the said    do answer \r\nthe interrogatories as prescribed by Order XI, rule 8, and that the  costs of  this application be  \r\n_______ \r\nNO 2 \r\nINTERROGATORIES. (O. 11, r. 4) \r\n(Title as in No. 1, supra) \r\n \r\nInterrogatories on behalf of the above­named [plaintiff or defendant C. D.] for the examination \r\n   \r\n \r\nPage 231 of 318 \r\n \r\nof  the above­named [defendant E.F. and G.H. or plaintiff]. \r\n1. Did  not, etc. \r\n2. Has not, etc. \r\netc.,    etc.,     etc.,  \r\n[The defendant E. F. is required to answer the interrogatories numbered.] \r\n[The  defendant G.H. is] required to answer  the  interrogatories numbered. \r\n_______ \r\nNO. 3 \r\nANSWER TO INTERROGATORIES. (O. 11, r. 9) \r\n(Title as in No. 1, supra) \r\nThe answer of the above­named defendant E. F. to the interrogatories for his examination by \r\nthe above­named plaintiff. \r\nIn answer to the said interrogatories, I, the above named E. F., make oath and say as follows:__ \r\n \r\n1. \r\n2.  Enter answers to interrogatories in paragraph numbered consecutively. \r\n3. I object to answer the interrogatories numbered   on the ground that [ state grounds \r\nof objection]. \r\n_______ \r\nNO. 4 \r\nORDER FOR AFFIDAVIT AS TO DOCUMENTS. (O. 11, r. 12) \r\n(Title as in No. 1, supra) \r\nUpon hearing    ;  It is ordered that the                 do within\r\n   days from the date of this order, answer on affidavit stating which documents \r\nare or have been in his possession or power relating to the matter in question in this suit, and that  the \r\ncosts of this application be \r\n_______ \r\n \r\n \r\n  \r\n\r\n   \r\n \r\nPage 232 of 318 \r\n \r\nNO. 5. \r\nAFFIDAVIT AS TO DOCUMENTS. (O. 11, r. 13) \r\n(Title as in No. 1, supra) \r\nI, the above­named defendant C. D., make oath and say as follows :__ \r\n1. I have in my possession or power the documents relating to the  matters in question in this \r\nsuit set forth in the first and second parts of the first schedule hereto. \r\n2. I object to produce the said documents set forth in the second part of the first schedule hereto \r\n[state grounds of objection]. \r\n3. I have had but have not now, in my possession or power the document relating to the matters \r\nin question in this suit set forth in the second schedule hereto. \r\n4. The last­mentioned documents were last in my possession or power on [state when and what \r\nhas become of them and in whose possession they now are]. \r\n5. According to the best of my knowledge, information and belief I have not now, and never \r\nhad, in my possession,  custody or power, or in the possession, custody or power of my pleader or \r\nagent, or in the  possession, custody or power of  any other person on my behalf, any account, book of \r\naccount, voucher, receipt, letter, memorandum, paper or writing, or any  copy of or extract from any \r\nsuch document, or any other document  whatsoever, relating to the  matters  in question in this suit or \r\nany of them, or wherein any entry has been made relative  to such matters or  any of them, other than \r\nand except the documents set forth in the  said  first  and  second  schedules hereto. \r\n_______ \r\nNO. 6 \r\nORDER TO PRODUCE DOCUMENTS FOR INSPECTION. (O. 11, r. 14) \r\n(Title as in No. 1, supra) \r\nUpon hearing    and upon reading the affidavit of        \r\nfiled the  day of   19 ; It is ordered that the        do, at all \r\nreasonable times , on reasonable notice, produce at   situate at               , the \r\nfollowing documents, namely ,      ,and that the   be at liberty to inspect and \r\nperuse the documents so produced, and to make notes of their contents. In the meantime, it is ordered \r\nthat all further proceedings to be stayed and that the costs of this application be. \r\n_______ \r\nNO. 7 \r\nNOTICE TO PRODUCE DOCUMENTS. (O. 11, r. 16) \r\n(Title as in No. 1, supra) \r\n \r\n   \r\n \r\nPage 233 of 318 \r\n \r\nTake notice that the [ plaintiff or defendant] requires you to produce  for  his  inspection  the  \r\nfollowing documents referred to in  your [plaint  or  written statement  or affidavit, dated the \r\n day of   19]. \r\n[Describe documents required.] \r\n(X.Y., Pleader for the \r\nTo Z., Pleader for the \r\n_______ \r\nNO. 8 \r\nNOTICE TO INSPECT DOCUMENTS. (O. 11, r. 17) \r\n(Title as in No. 1, supra) \r\nTake notice that you can inspect the documents mentioned in your notice of the  day \r\nof   19   [except  the documents numbered  in that notice ] at [ insert \r\nplace of inspection] on Thursday next, the   instant, between the hours of 12 and 4 \r\no’clock. \r\nOr, that the [plaintiff or  defendant] objects to giving you inspection of documents mentioned \r\nin  your notice of the   day of   19, on the ground that [ state the ground] \r\n:­ \r\n_______ \r\nNo. 9 \r\nNOTICE TO ADMIT DOCUMENTS. (O. 12, r. 3) \r\n(Title as in No. 1, supra) \r\nTake notice that the plaintiff [ or defendant] in this suit proposes to adduce in evidence the \r\nseveral documents hereunder specified, and that the same may be inspected by the defendant [or \r\nplaintiff], his pleader or agent, at on      between the hours of       ; and the defendant \r\n[or plaintiff],  is  hereby    required, within forty­eight hours from the last­mentioned hour, to admit \r\nthat such  of  the  said documents as are specified to be originals were respectively written, signed  or  \r\nexecuted,  as  they  purport respectively to have bee n ; that such as are specified as copies are true \r\ncopies ; and such documents as are stated to have been served, sent or delivered were so served, sent \r\nor delivered, respectively, saving all just exceptions to the admissibility of all such documents as \r\nevidence in this suit. \r\nG. H. pleader, [or agent]  \r\nfor plaintiff [or defendant]. \r\nTo E. F., pleader [or agent] for defendant [or plaintiff]. \r\n[Here describe the documents and specify as to each document whether it is original or a copy]. \r\n_______ \r\n  \r\n   \r\n \r\nPage 234 of 318 \r\n \r\nNO. 10 \r\nNOTICE TO ADMIT FACTS. (O. 12, r. 5) \r\n(Title as in No. 1, supra) \r\nTake notice that the plaintiff [ or defendant] in this suit requires the defendant [ or plaintiff] to \r\nadmit, for the purposes of this suit only, the several facts respectively hereunder specified ; and the \r\ndefendant [or plaintiff] is hereby required, within six days from the service of this notice, to admit the \r\nsaid several facts, saving all just exceptions to the admissibility of such facts as evidence in this suit. \r\nG. H., pleader [or agent] for plaintiff [or defendant]  \r\nTo E.F., pleader [or agent] for defendant [or plaintiff]. \r\nThe facts, the admission of which is required, are__ \r\n1. That M. died on the 1st January, 1890. \r\n2. That he died intestate. \r\n3. That N. was his only lawful son. \r\n4. That O. died on the 1st April, 1896. \r\n5. That O. was never married. \r\n_______ \r\nNO. 11 \r\nADMISSON OF FACTS PURSUANT TO NOTICE. (O. 12, r. 5) \r\n(Title as in No. 1, supra) \r\nThe defendant [ or plaintiff] in this suit, for the purposes of this suit only, hereby admits the \r\nseveral facts respectively hereunder specified, subject to the qualifications or limitations, if any, \r\nhereunder specified, saving all just exceptions to the admissibility of any such facts, or any of them, \r\nas evidence   in this suit: \r\nProvided that this admission is made for the purposes of this suit only, and is not an admission \r\nto be used against the defendant [ or plaintiff] on any other occasion or by any  one other than the \r\nplaintiff [or defendant, or party requiring the admission]. \r\nE. F., pleader [or agent] for defendant [or plaintiff]. \r\nTo G. H., pleader [or agent] for plaintiff [or defendant]. \r\n \r\n \r\n \r\n   \r\n \r\nPage 235 of 318 \r\n \r\nFacts admitted. Qualifications or limitations, if any, subject to \r\nwhich they are admitted. \r\n1. That M. died on the 1st January, 1890. 1. \r\n2. That he died intestate  .. 2. \r\n3. That N. was his lawful son  .. 3. But not that he was his only lawful son. \r\n4. That O. died .. .. 4. But not that he died on the 1st April, 1896. \r\n5. That O. was never married.  .. 5. \r\n_______ \r\nNO. 12 \r\nNOTICE TO PRCDUCE (GENERAL FORM). (o. 12, r. 8) \r\n(Title as in No. 1, supra) \r\nTake  notice that you are hereby required to produce and show to the Court at the first  hearing \r\nof   this suit all books, papers, letters, copies of letters and other writings and documents in your \r\ncustody, possession or power,  containing any entry, memorandum or minute  relating to the  matters \r\nin  question  in this suit, and particularly. \r\nG. H., pleader [or agent] for plaintiff [or defendant]. \r\nTo E. F., pleader [or agent] for defendant [or plaintiff]. \r\n_______ \r\nAPPENDIX D  \r\nDECREES \r\n_______ \r\nNO. 1 \r\nDECREE IN ORIGINAL SUIT. (O. 20, rr. 6, 7) \r\n(Title) \r\nClaim for \r\nTHIS suit  coming on  this day  for final disposal before  in  the presence of \r\n  for the plaintiff and of    for the  defendant, it  is ordered and decreed that\r\n  and that the sum of Rs.   be paid by the   to the \r\n  on account of the costs of this suit, with interest thereon at the rate of  per  \r\n  \r\n   \r\n \r\nPage 236 of 318 \r\n \r\ncent per annum from this date to date of realization. \r\nGIVEN under my hand and the seal of the Court, this  day of   19 . \r\nJudge \r\nCosts of Suits \r\nPlaintiff Defendant \r\n \r\n \r\n1.    Stamp for plaint   .. \r\nRs. A. P.  \r\n \r\nStamp for power .. \r\nRs A. P. \r\n2.    Do. for power  .. Do. for petition .. \r\n3.   Do for exhibits  .. Pleader’s fee .. \r\n4.   Pleader's fee on Rs. Subsistence for witnesses \r\n5.   Subsistence for witnesses. Service of process \r\n6.   Commissioner’s fee Commissioner’s fee \r\n7.   Service of process  .. \r\n \r\n    Total \r\n \r\n \r\n Total       \r\nNO. 2. \r\nSIMPLE MONEY DECREE. (Section 34) \r\n(Title) \r\nClaim for \r\nTHIS suit coming on this day for final disposal before  in the presence of  for \r\nthe plaintiff and of   for the defendant, it is ordered that the                     do pay to the\r\n             the sum of Rs.           with interest thereon at the rate of   per cent per \r\nannum from  to the date of realization of the said sum and do also pay Rs.  , the costs \r\nof this suit, with interest thereon at the rate of                         per cent per annum from this date to the date \r\nof realization. \r\nGIVEN under my hand and the seal of the Court, this  day of            19  . \r\nJudge \r\n  \r\n   \r\n \r\nPage 237 of 318 \r\n \r\nCosts of Suits \r\n \r\nPlaintiff Defendant \r\n \r\n1.   Stamp for plaint   .. \r\nRs. A. P.  \r\nStamp for power .. \r\nRs. A. P. \r\n2.   Do. for power  .. Do. for petition .. \r\n3.   Do for exhibits  .. Pleader's fee  .. \r\n4.   Pleader's fee on Rs. Subsistence for witnesses \r\n5.   Subsistence for witnesses. Service of process \r\n6.  Commissioner's fee Commissioner’s fee \r\n7.  Service of process \r\n \r\n   Total .. \r\n \r\n \r\n  Total ..       \r\n1[NO. 3 \r\nPRELIMINARY DECREE FOR FORECLOSURE \r\n(Order XXXIV, rule. 2.__ Where accounts are directed to be taken)  \r\n(Title) \r\nThis suit coming on this  day, etc.; It is hereby ordered and decreed that it be \r\nreferred to    as the Commissioner to take the accounts of following:__ \r\n(i) an account of what is due on this date to the plaintiff for principal and interest \r\non his mortgage mentioned in the plaint (such interest to be computed at the rate \r\npayable on the principal or where no such rate is fixed, at six per cent, per annum \r\nor at such rate as the Court deems reasonable) ; \r\n \r\n \r\n1Forms 3 to 11 were subs. by the Transfer of Property (Amdt.) Supplementary Act, 1929 (21 of 1929), s. 8 and Sch., for the original forms. \r\n \r\n   \r\n \r\nPage 238 of 318 \r\n \r\n(ii) an account of the income of' the mortgaged property received up to this date by \r\nthe plaintiff or by any other person by the order or for the use of the plaintiff or \r\nwhich without the willful default of the plaintiff or such person might have been \r\nso received; \r\n(iii) an account of all sums of money properly incurred by the plaintiff up to this \r\ndate for costs, charges and expenses (other than the costs of the suit) in respect \r\nof the mortgage­secur ity, together with interest thereon (such interest to be \r\ncomputed at the rate agreed between the parties, or, failing such rate, at the same \r\nrate as is payable on the principal, or, failing both such rates, at nine per cent.per \r\nannum) ; \r\n(iv) an account of any loss or damage caused to the mortgaged property before this \r\ndate by any act or omission of the plaintiff which is destructive of, or \r\npermanently injurious to, the property or by his failure to perform any of the \r\nduties imposed upon him by any law for the time being in force or by the terms \r\nof the mortgage­deed. \r\n(2) And it is hereby further ordered and decreed that any amount received under clause (ii) or \r\nadjudged due under clause (iv) above, together with interest thereon, shall first be adjusted against any \r\nsums paid by the plaintiff under clause (iii) together with  interest thereon, and the balance, if  any,  \r\nshall  be added to the mortgage­money or, as the case may be, be debited in reduction of the amount \r\ndue to the plaintiff on account of interest on the principal sum adjudged due and thereafter in  reduction  \r\nor  discharge of the principal. \r\n(3) And it is hereby further ordered that the said Commissioner shall present the account to this \r\nCourt with all convenient despatch after making all just allowances on or before the                         day \r\nof                    and that upon such report of the Commissioner being received, it shall be confirmed and \r\ncountersigned, subject to such modification as may be necessary after consideration of such objections \r\nas the parties to the suit may make. \r\n(4) And it is hereby further ordered and decreed__ \r\n(i) that the defendant do pay into Court on or before the  day of \r\n , or any later date up to which time for payment may be extended by the \r\nCourt, such sum as the Court shall find due, and the sum of Rs.   for \r\nthe costs of the suit awarded to the plaintiff ; \r\n(ii) that, on such payment  and on payment  thereafter before  such       \r\ndate as the Court may fix of such amount as the Court   may \r\nadjudge due in respect of such costs of the suit and such costs, cha rges and \r\nexpenses as may be payable under rule 10, together with  such subsequent  \r\ninterest  as may be payable under rule 11 of Order XXXIV of the First  Schedule  \r\nto the Code of Civil Procedure, 1908,  the plaintiff shall bring into Court all \r\ndocuments in his possession or power relating to the mortgaged property in the \r\nplaint mentioned, and all such documents shall be delivered over to the \r\ndefendant, or to such person as he appoints, and the plaintiff shall, if so required, \r\nre­convey or re­transfer the  said property free from the said mortgage and clear \r\nof and from all incumbrances created by the plaintiff or any person claiming \r\nunder him or any person under whom he claims and free from all liability \r\nwhatsoever arising from the mortgage or this suit and s hall, if so required, \r\ndeliver up to the defendant quiet and peaceable possession of the said property. \r\n   \r\n \r\nPage 239 of 318 \r\n \r\n(5) And it is hereby further ordered and decreed that, in default of  payment  as  aforesaid,  the  \r\nplaintiff shall be at liberty to apply to the Court f or a final decree that the defendant shall thenceforth \r\nstand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property \r\ndescribed in the Schedule annexed hereto and shall, if so required, deliver up to the plaintiff quiet and \r\npeaceable possession of the said property; and that the parties shall be at liberty to apply to Court from \r\ntime to time as they may have occasion, and on such application or otherwise the Court may give such \r\ndirections as it thinks fit. \r\n_______ \r\nSCHEDULE \r\nDescription of the mortgaged property \r\n_______ \r\nNO. 3A \r\nPRELIMINARY DECREE FOR FORECLOSURE \r\n(Order XXXIV, rule 2.­Where the Court declares amount due)  \r\n(Title) \r\nThis suit coming on this  day etc. ; It is hereby declared that the amount due to the \r\nplaintiff on his mortgage mentioned in the plaint calculated up to this                day of  \r\nis the sum of Rs.   for principal, the sum of Rs.   for interest on the \r\nsaid principal, the sum of Rs.   for costs, charges and expenses (other than the costs of \r\nthe suit) properly incurred by the plaintiff in respect of the mortgage security, together with interest \r\nthereon, and the sum of Rs.                          for the costs of the suit awarded to the plaintiff, making \r\nin all the sum of Rs. \r\n2. And it is hereby ordered and decreed as follows:__ \r\n(i) that the defendant do pay into Court on or before   the day of\r\n  or any later date up to which time for payment may be extended; \r\nby the Court of the said sum of Rs. \r\n(ii) that, on such payment and on payment thereafter before such date as the Court \r\nmay fix of such amount as the Court may adjudge due in respect of such costs \r\nof the suit, and such  costs, charges and expenses as may be payable under rule \r\n10, together  with  such  subsequent interest as may be payable under rule 11 of \r\nOrder XXXIV of the First  Schedule  to the Code of Civil Procedure, 1908, the  \r\nplaintiff  shall bring into Court  all documents in his possession or power relating \r\nto the mortgaged property in the plaint mentioned, and all such documents shall \r\nbe delivered over to the defendant, or to such person as he appoints,  and the \r\nplaintiff shall, if  so required, re­convey or re­transfer the  said  property free  \r\nfrom  the said mortgage and clear of and from all incumbrances created by the \r\nplaintiff or any person claiming under him or any person under whom he claims \r\nand free from all liability whatsoever arising from the mortgage or this suit and  \r\n  \r\n   \r\n \r\nPage 240 of 318 \r\n \r\nshall, if so required, deliver up to the defendant quiet and peaceable possession \r\nof the said property. \r\n3. And it is hereby further ordered and decreed that, in default of  payment  as  aforesaid,  the  \r\nplaintiff may apply to the Court for a final decree that the defendant shall thenceforth stand absolutely \r\ndebarred and foreclosed of and from all right to redeem the mortgag ed property described in  the  \r\nSchedule annexed hereto and shall, if so required, deliver up to the plaintiff quiet and peaceable  \r\npossession of the said property; and that the parties shall be at liberty to apply to the Court from time       \r\nto time as th e may have occasion, and on such application or otherwise the Court may give such \r\ndirections as it thinks fit. \r\n_______ \r\nSCHEDULE \r\nDescription of the mortgage property \r\n_______ \r\nNo. 4 \r\nFINAL DECREE FOR FORECLOSURE \r\n(Order XXXIV, rule 3)  \r\n(Title) \r\nUpon reading the preliminary decree passed in this suit on the  day of             and \r\nfurther orders (if any) dated the  day of                      and the application of the plaintiff \r\ndated the  day of  for a final decree and after hearing the parties and it appearing \r\nthat the payment directed by the said decree and orders has not been made by the defendant or any \r\nperson on his behalf    or any other person entitled to redeem the said mortgage : \r\nIt is hereby ordered and decreed that the defendant and all persons claiming  through or under \r\nhim be and they are hereby absolutely debarred and foreclosed of and from all right of redemption of \r\nand in the property in the aforesaid preliminary decree mentioned ; *[ and (if the defendant be in \r\npossession of the said mortgaged proper ty) that the defendant shall deliver to the plaintiff quiet and \r\npeaceable possession of the said mortgaged property]. \r\n2. And it is hereby further declared that the whole of the liability whatsoever of the defendant \r\nupto this day arising from the said mortg age mentioned in the plaint or from this suit is hereby \r\ndischarged and extinguished. \r\n_____ \r\n \r\n \r\n \r\n*Words not required to be deleted. \r\n  \r\n   \r\n \r\nPage 241 of 318 \r\n \r\nNo 5 \r\nPRELIMINARY DECREES FOR SALE \r\n(Order XXXIV, rule 4.__ Where accounts are directed to be taken) \r\n(Title) \r\nTHIS suit coming on this  day, etc.; it is hereby ordered and decreed that it be \r\nreferred to   as the Commissioner to take the accounts following:__ \r\n(i) an account of what is due on this date to the plaintiff for principal and interest \r\non his mortgage mentioned in the plai nt (such interest be computed at the rate \r\npayable on the principal or where no such rate is fixed, at six per cent. per annum \r\nor at such rate as the Court deems reasonable) ; \r\n(ii) an account of the income of the mortgaged property received up to this date by \r\nthe plaintiff or by any other person by the order or for the use of the plaintiff or \r\nwhich without the willful default of the plaintiff or such person might have been \r\nso received; \r\n(iii) an account of all sums of money properly incurred by the plaintiff up to this \r\ndate for costs, charges and expenses (other than the costs of the suit) in respect \r\nof the mortgage­security, together with interest thereon (such interest to be \r\ncomputed at the rate agreed between the parties, or, failing such rate, at the same \r\nrate as is payable on the principal, or, failing both such rates, at nine per cent. \r\nper annum) ; \r\n(iv) an account of any loss or damage caused to the mortgaged property before this \r\ndate by any act or omission of the plaintiff which is destructive of, or \r\npermanently injurious to, the property or by his failure to perform any of the \r\nduties imposed upon him by any law for the time being in force or by the terms \r\nof the mortgage deed. \r\n2. And it is hereby further ordered and decreed that any amount received under clause (ii) or \r\nadjudged due under clause (iv) above, together with interest thereon, shall first be adjusted against any \r\nsums paid by the plaintiff under clause (iii), together with interest thereon, and the balance, if any,  \r\nshall  be added to the mortgag e­money or, as the case may be, be debited in reduction of the amount \r\ndue to   the plaintiff on account of interest on the principal sum adjudged due and thereafter in reduction \r\nor discharge of the principal. \r\n3. And it is hereby further ordered that the said Commissioner shall present  the  account  to \r\nthis  Court  with  all convenient  despatch after making all just  allowances on or before the \r\n day of   , and that upon such report of the Commissioner being received, it shall \r\nbe confirmed and countersigned, subject to such modification as may be necessary after consideration \r\nof such objections as the parties to the suit may make. \r\n4. And it is hereby further ordered and decreed__ \r\n(i) that  the  defendant  do pay into Court on or before the          day of\r\n  or any later date up to which time for payment may be extended \r\nby the Court, such sum as the Court  shall find due and the sum of Rs.                 for \r\n   \r\n \r\nPage 242 of 318 \r\n \r\nthe costs of the suit awarded to the plaintiff; \r\n(ii) that, on such payment and on payment thereafter before such date as the Court \r\nmay fix of such amount as the Court may adjudge due in  respect of such cost \r\nof the  suit, and such  costs, charges and expenses as may be payable under rule \r\n10, together with such sub­  sequent interest as may be payable unde r rule 11, \r\nof Order XXXIV of the First Schedule to  the Code of Civil Procedure, 1908, \r\nthe plaintiff shall bring into Court all documents in his possession or power \r\nrelating to the mortgaged property in  the  plaint  mentioned,  and  all such \r\ndocuments sha ll be delivered over to the defendant, or to such person as he \r\nappoints, and the plaintiff shall, if  so required. re­convey or re­transfer the said \r\nproperty free from the mortgage and clear of and from all in cumbrances created \r\nby the plaintiff or any person claiming under him or any person under whom he \r\nclaims and shall, if so required, deliver up to the defendant quiet and peaceable \r\npossession of the said property. \r\n5. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the \r\nplaintiff may apply to the Court for a final decree for the sale of the mortgaged property; and on such \r\napplication being made the mortgaged property or a sufficient part thereof shall be directed to be sold; \r\nand for the purposes of such sale the plain tiff shall produce before the Court, or such officer as it \r\nappoints, all documents in his possession or power relating to the mortgaged property. \r\n6. And it is hereby further ordered and decreed that, the money realised by such sale shall be \r\npaid  into Cour t and shall be duly applied (after deduction therefrom of the expenses of the  sale) in  \r\npayment of the amount payable to the plaintiff under this decree and under  any  further  orders that  \r\nmay  be passed in this suit and in payment of any amount which t he Court may adjudge due to the \r\nplaintiff in respect  of such costs of the  suit, and such costs, charges and expenses as may be  payable  \r\nunder rule  10, together with such subsequent interest as may be payable under rule  11,  of Order \r\nXXXIV of the  First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall \r\nbe paid to the defendant or other persons entitled to receive the same. \r\n7. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be sufficient \r\nfor payment in full of the amount payable to the plaintiff as aforesaid, the plaintiff shall be at liberty (where \r\nsuch remedy is open to him under the terms of his mortgage and is not barred by any law for the time being in \r\nforce) to apply for a personal decree against the defendant for the amount of the balance; and that the parties are \r\nat liberty to apply to the Court from time to time as they may have occasion, and on such application or otherwise \r\nthe Court may give such directions at it thinks fit. \r\n_______ \r\nSCHEDULE \r\nDescription of the mortgaged property \r\nNo. 5A  \r\nPRELIMINARY DECREE FOR SALE \r\n(Order XXXIV, rule 4.__ When the Court declares the amount due) \r\n(Title) \r\n  \r\n   \r\n \r\nPage 243 of 318 \r\n \r\nTHIS suit coming on this  day, etc. ; It is hereby declared that he amount due to the \r\nplaintiff on the mortgage mentioned in the plaint calculated up to this day of                       is the \r\nsum of Rs.  for principal, the sum of Rs.                   for interest on the said principal, the \r\nsum of Rs.   for costs, charges and expenses (other than the costs of the suit) properly \r\nincurred by the plaintiff in respect of the mortgage­security, together with interest thereon, and the \r\nsum   of Rs. for the costs of the suit awarded to the plaintiff, making in all the sum of Rs. \r\n . \r\nAnd it is hereby ordered and decreed as follows :__ \r\n(i) that the defendant do pay into Court on or before the          day of\r\n  or any later date up to which time for payment may be extended \r\nby the Court, the said sum of Rs.   ; \r\n(ii) that, on such payment and on payment thereafter before such date as the Court \r\nmay fix of such amount as the Court may adjudge due in respect of such costs \r\nof the  suit  and such costs, charges and expenses as may be payable under rule \r\n10, together with such sub­  sequent interest as may b e payable under rule 11, \r\nof Order XXXIV of the First Schedule to  the Code of Civil Procedure, 1908, \r\nthe plaintiff shall bring into Court all documents in his possession or power \r\nrelating to the mortgaged property in  the  plaint  mentioned,  and  all such  \r\ndocuments shall be delivered over to the defendant, or to such person as he \r\nappoints, and the plaintiff shall, if so required, reconvey or retransfer the said \r\nproperty free from the said mortgage and clear of and from all incumbrances \r\ncreated  by  the  plaintiff  or  any person claiming under him or any person under \r\nwhom he claims and shall, if so required, deliver up to the defendant quiet and \r\npeaceable possession of the said property. \r\n3. And it is hereby further ordered and decreed that, in default of pa yment as aforesaid, the \r\nplaintiff may apply to the Court for a final decree for the sale of the mortgaged property; and on such \r\napplication being made, the mortgaged property or a sufficient part thereof shall be directed to be sold; \r\nand for the purposes o f such sale the plaintiff shall produce before the Court or such officer as it \r\nappoints all documents in his possession or power relating to the mortgaged property. \r\n4. And it is hereby further ordered and decreed that the money realised by such sale shall be  \r\npaid  into Court and shall be duly applied,(after deduction there from of the expenses of the sale) in \r\npayment  of the amount payable to the plaintiff under this decree and under any further orders that may\r\n be passed in this suit and in payment of any amount which the Court may adjudge due to the \r\nplaintiff in respect  of such costs of the  suit, and such costs, charges and expenses as may be  payable  \r\nunder rule  10, together with such subsequent interest as may be payable under rule  11,  of Order \r\nXXXIV of the  First Schedule to the Code of Civil Procedure, 1908, and that the balance, if any, shall \r\nbe paid to the defendant or other persons entitled to receive the same. \r\n5. And it is hereby further ordered and decreed that, if the money realised by such s ale shall \r\nnot be sufficient for payment in full of the amount payable to the plaintiff as aforesaid, the plaintiff \r\nshall be at liberty (where such remedy is open to him under the terms of his mortgage and is not barred \r\nby any law for the time being in forc e) to apply for the personal decree against the defendant for the \r\namount of the balance; and that the parties are at liberty to apply to the Court from time to time as they \r\nmay have occasion, and on such application or otherwise the Court may give such dir ections as it \r\nthinks fit. \r\n_______ \r\n   \r\n \r\nPage 244 of 318 \r\n \r\nSCHEDULE \r\nDescription of the mortgaged property \r\n_______ \r\nNo. 6 \r\nFINAL DECREE FOR SALE \r\n(Order XXXIV, rule 5) \r\n(Title) \r\nUpon reading the preliminary decree passed in this suit on the  day of and further \r\norders (if any) dated the  day of              and the application of the plaintiff dated the  \r\n   day of   for a final decree and after hearing the parties and it \r\nappearing that the payment directed by the said decree and orders has not been made by the defendant \r\nor any person on   his behalf or any other person entitled to redeem the mortgage ; \r\nIt is hereby ordered and decreed that the mortgaged property in the aforesaid preliminary decree \r\nmentioned or a sufficient part thereof be sold, and that for the purposes of such sale the plaintiff shall \r\nproduce before the Court or such officer as it appoints all documents in his possession or on power \r\nrelating to the mortgaged property. \r\n2. And it is hereby further ordered and decreed that the money realised by such sale shall be  \r\npaid  into the Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in \r\npayment of the amount payable to the plaintiff under the aforesaid preliminary decree and under any \r\nfurther orders that may have been passed in this suit and in payment of any amount  which the  Court  \r\nmay have adjudged due to the plaintiff for such costs of the suit  including the  costs of this application \r\nand such costs, charges and expenses as may be payable under rule 10. together with such subsequent \r\ninterest as may be payable under rule 11, of, Order XXXIV of the First Schedule to the Code of Civil \r\nProcedure, 1908 and that the balance if any, shall be paid to the defendant or other persons entitled to \r\nreceive the same. \r\n_______ \r\nNo. 7 \r\nPRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT \r\nBY MORTGAGOR A DECREE FOR FORECLOSURE IS PASSED. \r\n(Order XXXIV, rule 7.__ Where accounts are directed to be taken) \r\n(Title) \r\nThis suit coming on this  day, etc. ; It is hereby ordered and decreed that it be \r\nreferred to  as the Commissioner to take the accounts follwoing:__ \r\n(i) an account of what is due on this date to the defendant for principal and interest \r\non the mortgage mentioned in the plaint (such interest to be computed at the rate \r\npayable on the principal or where no such rate is fixed, at six per cent. per annum  \r\n  \r\n   \r\n \r\nPage 245 of 318 \r\n \r\nor at such rate as the Court deems reasonable) ; \r\n(ii) an account of the income of the mortgaged property received up to this date by  \r\nthe  defendant or by any other person by order or for the use of the defendant or \r\nwhich without the wilful default of the defendant or such person might have \r\nbeen so received; \r\n(iii) an account of all sums of money properly incurred by the defendant up to this \r\ndate for costs, charges and expenses (other than the costs of the suit) in respect \r\nof the mortgage­ security together with interest thereon (such interest to be \r\ncomputed at the rate agreed between the parties, or, failing such rate, at the same \r\nrate as is payable on the principal, or, failing both such rates, at nine p er cent. \r\nper annum) ; \r\n(iv) an account of any loss or damage caused to the mortgaged property before this \r\ndate by any act or omission of the defendant which is destructive of, or \r\npermanently injurious to, the property or by his failure to perform any of the  \r\nduties imposed upon him by any law for the time being in force or by the terms \r\nof the mortgage­deed. \r\n2. It is hereby further ordered and decreed that any amount received under clause (ii) or \r\nadjudged  due under clause (iv) above, together with interest th ereon, shall be  adjusted against  any \r\nsums paid by the defendant under clause (iii) together with interest thereon, and the balance, if any, \r\nshall be added to the mortgage­money or, as the case may be, be debited in  reduction of the amount  \r\ndue  to  the  defendant on account of interest on the principal sum adjudged due and thereafter in \r\nreduction or discharge of the principal. \r\n3. And it is hereby further ordered that the said Commissioner shall present the account to this \r\nCourt with all convenient dispatch after making all just allowances on or before the  day \r\nof   , and that upon such report of the Commissioner being received, it shall be \r\nconfirmed and countersigned, subject to such modification as may be necessary after consideration of \r\nsuch objections   as the parties to the suit may make. \r\n4. And it is hereby further ordered and decreed__ \r\n(i) that the plaintiff do pay into Court on or before the  day of  \r\n , or any later date up to which time for payment may be extended by the \r\nCourt, such sum as the Court shall find due and the sum of Rs.   for \r\nthe costs of the suit awarded to the defendant; \r\n(ii) that, on such payment, and on payment thereafter before such date as the Court \r\nmay fix of such amount as the Court may adjudge due in respect of such costs \r\nof the  suit  and such costs, charges and expenses as may be payable under rule \r\n10, together with such sub­  sequent interest as may be payable under rule 11, \r\nof Order XXXIV of the First Schedule to the Code of Civil procedure, 1908, the \r\ndefendant shall bring i nto Court all documents in his possession or power \r\nrelating to the mortgaged property in  the  plaint  mentioned,  and  all such \r\ndocuments shall be delivered over to the plaintiff,  or to such person as he  \r\nappoints,  and the defendant shall, if so require d, re­convey or re­transfer the \r\nsaid property free from  the said mortgage and clear of and from all \r\nincumbrances created by the defendant or any person claiming under him or any  \r\n  \r\n   \r\n \r\nPage 246 of 318 \r\n \r\nperson under whom he claims and free from all liability whatsoever arising from \r\nthe mortgage or this suit and shall, if so required, deliver up to the plaintiff quiet \r\nand peaceable possession of the said property. \r\n5. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the  \r\ndefendant shall be at liberty to apply to the Court for a final decree that the plaintiff shall thenceforth \r\nstand absolutely debarred and foreclosed of and from all right to redeem the mortgaged property \r\ndescribed in the Schedule  annexed hereto and shall, if  so required, deliver up to the  defendant  quiet  \r\nand peaceable possession of the said property; and that the parties shall be  at  liberty to apply to the  \r\nCourt from time to time as they may have  occasion, and on such application or otherwise  the  Court  \r\nmay give such directions as it thinks fit. \r\n________ \r\nSCHEDULE \r\nDescription of the mortgaged property \r\n_______ \r\nNo. 7A \r\nPRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT \r\nBY MORTGAGOR A DECREE FOR SALE IS PASSED. \r\n(Order XXXIV, rule 7.__ Where accounts are directed to be taken) \r\n(Title) \r\nTHIS suit coming on this   day, etc. ; it is hereby ordered and decreed that it \r\nbe referred to      as the Commissioner to take the accounts following:__ \r\n(i) an account of what is due on this date to the defendant                           for \r\nprincipal and interest on the mortgage mentioned in the plaint (such interest to \r\nbe computed at the rate payable on the principal or where no such rate is fixed, \r\nat six per cent. per annum or at such rate as the Court deems reasonable) ; \r\n(ii) an account of the income of the mortgaged property received up to this date by \r\nthe defendant or by any other person by the order or for the use of the defendant \r\nor which without the wilful default of the defendant or such person might have \r\nbeen so received; \r\n(iii) an account of all sums of money properly incurred by the defendant up to this \r\ndate for costs, charges and expenses (other than the costs of the suit) in respect \r\nof the mortgage­ security together with interest thereon (such interest to be \r\ncomputed at the rate agreed between the parties, or, failing such rate, at the same \r\nrate as is payable on the principal, or, failing both such rates, at nine per cent. \r\nper annum) ; \r\n(iv) an account of any loss or damage caused to the mortgaged property before this \r\ndate by any act or omission of the defendant which is destructive of, or \r\npermanently injurious to, the property or by his failure to perform any of the  \r\n  \r\n   \r\n \r\nPage 247 of 318 \r\n \r\nduties imposed upon him by any law for the time being in force or by the terms \r\nof the mortgage­deed. \r\n2. And it is hereby further ordered and decreed that any amount received under clause (ii) or \r\nadjudged due under clause (iv) above, together with interest thereon, shall first be adjusted against any \r\nsums paid by the defendant under clause (iii) together with interest  thereon, and the  balance, if  any, \r\nshall be added to the mortgage­money, or, as the case  may be, be  debited in  reduction of the  amount \r\ndue to the defendant on account of interest on the principal sum adjudged due and  thereafter  in  \r\nreduction or discharge of the principal. \r\n3. And it is hereby further ordered that the said Commissioner shall present  the  account  to \r\nthis  Court with all convenient despatch after making all just allowances on or before the              day \r\nof                   , and that, upon such report of the Commissioner being received, it  shall be  confirmed  \r\nand countersigned, subject to such modification as may be necessary after consideration of such \r\nobjections   as the parties to the suit may make. \r\n4. And it is hereby further ordered and decreed__ \r\n(i) that the plaintiff do pay into Court on or before the           day of  or \r\nany later date up to which time for payment may be extended by the Court, such \r\nsum as the Court shall find due and the sum of Rs.          for the \r\ncosts of the suit awarded to the defendant; \r\n(ii) that, on such payment and on payment thereafter before such date as the Court \r\nmay fix of such amount as the Court may adjudge due in respect of such costs \r\nof the suit and such costs, charges and expenses  as may be payable under rule \r\n10, together with such subsequent interest as may be payable under rule 11, of \r\nOrder XXXIV of the First Schedule to the Code of Civil Procedure, 1908,  the \r\ndefendant shall bring into Court all documents in his possession or pow er \r\nrelating to the mortgaged property in the plaint mentioned, and all such \r\ndocuments shall be delivered over to the plaintiff, or to  such person as he \r\nappoints, and the defendant shall, if so required, re­convey or re­transfer the \r\nsaid property free from  the said mortgage  and clear of and from all \r\nincumbrances created by the  defendant  or any person claiming under him or \r\nany person under whom he claims and shall, if so required, deliver  up to the \r\nplaintiff quiet and peaceable possession of the said property. \r\n5. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the  \r\ndefendant may apply to the court for a final decree for the sale of the mortgaged property; and on such \r\napplication being made, the mortgaged property or a sufficient part thereof shall be directed to be sold; \r\nand for the purposes of such sale the defendant shall produce before the Court or such officer as it \r\nappoints, all documents in his possession or power relating to the mortgaged property. \r\n6. And it is hereby further ordered and decreed that the money realised by such sale shall be  \r\npaid  into Court and shall be duly applied (after deduction therefrom of the expenses of the  sale) in  \r\npayment of the amount payable to the defendant under this decree and u nder any further orders that \r\nmay be  passed in this suit and in payment of any amount which the Court may adjudge due to the \r\ndefendant in respect of such costs of the suit and such costs, charges and expenses as may be payable \r\nunder rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV \r\nof the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if  any,  shall  be  paid  \r\nto  the plaintiff or other persons entitled to receive the same. \r\n   \r\n \r\nPage 248 of 318 \r\n \r\n \r\n7. And it is hereby further ordered and decreed that, if the money realised by such sale shall \r\nnot be sufficient for payment in  full of the amount payable to the defendant as aforesaid, the defendant \r\nshall be at liberty (where such remedy is open to him under the terms of his mortgage  and is not barred \r\nby  any law for the time being in force to apply for a personal decree against the plaintiff for the amount \r\nof  the balance; and that the parties are at liberty to apply to the Court from time to time as they may \r\nhave occasion, and on such application or otherwise the Court may give such directions as it thinks fit. \r\n_______ \r\nSCHEDULE \r\nDescription of the mortgaged property \r\n_______ \r\nNo.  7B \r\nPRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT \r\nBY MORTGAGOR A DECREE FOR FORECLOSURE IS PASSED. \r\n(Order XXXIV, rule 7.__ Where the Court declares the amount due)  \r\n(Title) \r\nTHIS suit coming on this  day, etc.; It is hereby declared that the amount due to the \r\ndefendant on the mortgage mentioned in the plaint calculated up to this         day of       is the \r\nsum of Rs.            for principal, the sum of Rs.   for interest on the said principal \r\nprincipal, the sum of Rs.   for costs, charges and expenses (other than the costs of \r\nthe suit) properly incurred by the defendant in respect of the mortgage­security together with interest \r\nthereon, and the sum of Rs.,    for the costs of the suit awarded to the defendant, \r\nmaking in all the sum of Rs. \r\n2. And it is hereby ordered add decreed as follows :__ \r\n(i) that the plaintiff do pay into Court on or before the                day of    or \r\nany later date up to which time for payment may be extended by the Court the \r\nsaid sum of Rs.    ; \r\n(ii) that, on such payment and on payment thereafter before such date as the Court \r\nmay fix of such amount as the Court may adjudge due in respect of such costs \r\nof the  suit  and such costs, charges and expenses as maybe payable under rule \r\n10,  together  with  such  subsequent interest as maybe payable under rule 11  of \r\nOrder XXXIV of the First  Schedule  to the Code of Civil Procedure, 1908, the \r\ndefendant shall bring into Court all documents in his possession or power \r\nrelating to the mortgaged property in the plaint mentioned, and all such \r\ndocuments shall be delivered over to the plaintiff,  or to such person as he  \r\nappoints,  and the defendant shall, if so required, reconvey or retransfer the  said  \r\nproperty free  from  the said mortgage and clear of and from all inc umbrances \r\ncreated by the defendant or any person claiming under him or any person under  \r\n  \r\n   \r\n \r\nPage 249 of 318 \r\n \r\nwhom he claims, and free from all liability whatsoever arising from the \r\nmortgage or this suit and shall, if so required, deliver up to the plaintiff quiet \r\nand peaceable possession of the said property. \r\n3. And it is hereby further ordered and decreed tha t, in default of payment as aforesaid, the  \r\ndefendant may apply to the Court for a final decree that the plaintiff shall henceforth stand absolutely \r\ndebarred and foreclosed of and from all right to redeem the mortgaged property described in  the  \r\nSchedule annexed hereto and shall, if so required, deliver up to the defendant quiet and peaceable \r\npossession of the said property; and that the parties shall be at liberty to apply to the Court from time       \r\nto time as they may have occasion, and on such applica tion or otherwise the Court may give such \r\ndirections as it thinks fit. \r\n_______ \r\nSCHEDULE \r\nDescription of the mortgaged property \r\n_______ \r\nNo. 7C \r\nPRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT \r\nBY MORTGAGOR A DECREE FOR SALE IS PASSED. \r\n(Order XXXIV, rule 7.__ Where the Court declares the amount due) \r\n(Title) \r\nTHIS suit coming on this   day, etc.; It is hereby declared that the amount \r\ndue to the defendant on the mortgage mentioned in the plaint calculated up to this  day of \r\n  is the sum of Rs.   for principal, the sum of Rs.               for \r\ninterest on the said principal, the sum of Rs.    for costs, charges and expenses (other \r\nthan the costs of the suit) properly incurred by the defendant in respect of the mortgage­security \r\ntogether with interest thereon, and the sum of Rs.   for the cost of this suit awarded to \r\nthe defendant, making in all the sum of Rs. \r\n2. And it is hereby ordered and decreed as follows :__ \r\n(i) that  the  plaintiff  do pay into Court  on or before the  day of \r\n  or any later date up to which time the payment may be extended \r\nby the Court the said sum of Rs.     ; \r\n(ii) that, on such payment and on payment thereafter before such date as the Court \r\nmay fix of such amount as the Court may adjudge due in respect of such costs \r\nof the  suit  and such costs, charges and expenses as may be payable under rule \r\n10, together  with  such  subsequent interest as may be payable under rule 11, \r\nof Order XXXIV  of  the  First  Schedule to the Code of Civil Procedure, 1908, \r\nthe defendant shall bring into Court all documents in  his possession  or power \r\nrelating to the                       mortgaged property in the plaint mentioned, and \r\nall such documents shall be delivered over  to  the  plaintiff,  or such person as \r\nhe appoints, and the defendant shall,  if  so required, reconvey or retransfer  the  \r\n  \r\n   \r\n \r\nPage 250 of 318 \r\n \r\nsaid property to the plaintiff free from the said mortgage and clear of and from \r\nall incumbrances created by the defendant or any person claiming under him or \r\nany  person under whom he claims and shall , if so required, deliver up to the \r\nplaintiff quiet  and  peaceable possession of the said property. \r\n3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the \r\ndefendant may apply to the Court for a final decree for the sale of the mortgaged property; and on such \r\napplication being made, the mortgaged property or a sufficient part thereof shall be directed to be sold; \r\nand for the purposes of such sale the defendant shall produce before the Court or such officer as it \r\nappoints all documents in his possession or power relating to the mortgaged property. \r\n4. And it is hereby further ordered and decreed that the money realised by such sale shall be  \r\npaid  into Court and shall be duly applied (after deduction therefrom of the expe nses of the  sale) in  \r\npayment of the amount payable to the defendant under this decree and under any further orders that \r\nmay be  passed in this suit and in payment of any amount which the Court may adjudge due to the \r\ndefendant in respect of such costs of the suit and such costs, charges and expenses as may be payable \r\nunder rule 10 together with such subsequent interest as may be payable under rule 11, of Order XXXIV \r\nof the First Schedule to the Code of Civil Procedure, 1908, and that the balance, if  any,  shall  be  paid  \r\nto  the plaintiff or other persons entitled to the same. \r\n5. And it is hereby further ordered and decreed that if the money realised by such sale shall not \r\nbe sufficient for the payment in full of the amount payable to the defendant  as aforesaid, the  defendant \r\nshall be at liberty (where such remedy is open to him under the  terms, of the  mortgage  and is  not  \r\nbarred by any law for the time being in force) to apply for a personal decree against the plaintiff for \r\nthe amount of the balance; and that the parties are at liberty to apply to the court from time to time as \r\nthey may have occasion, and on such application or otherwise the Court  may  give  such  directions \r\nas it thinks fit. \r\n_______ \r\nSCEHDULE \r\nDescription of the mortgaged property \r\n_______ \r\nNo. 7D \r\nFINAL DECREE FOR FORECLOSURE IN A REDEMPTION SUIT ON DEFAULT OF \r\nPAYMENT BY MORTGAGOR. \r\n(Order XXXIV, rule 8) \r\n(Title) \r\nUpon reading the preliminary decree in this suit on the   day of             and \r\nfurther orders (if any) dated the   day of                            and the  application of \r\nthe  defendant dated the   day of   for a final decree and after hearing \r\nthe parties, and it appearing that the payment as directed by the said decree and orders has not been \r\nmade by the plaintiff or any person on his behalf or any other person entitled to redeem the mortgage \r\n: \r\n \r\n   \r\n \r\nPage 251 of 318 \r\n \r\nIt is hereby ordered and decreed that the plaintiff and all persons claiming through or under \r\nhim be and they are hereby absolutely debarred and foreclosed of and from all right of redemption of \r\nand in the property in the aforesaid preliminary decree mentioned *[and (if the plaintiff be in possession \r\nof that said mortgaged property ) that the plaintiff shall deliver to the defendant quiet and peaceable \r\npossession of the said mortgaged property]. \r\n2. And it is hereby further declared that the whole of the liability whatsoever of the plaintiff up \r\nto this day arising from the said mortgage mentioned in the plaint or from this suit is hereby discharged \r\nand extinguished. \r\n_______ \r\nNo. 7E \r\nFINAL DECREE FOR SALE IN A REDEMPTION SUIT ON DEFAULT OF PAYMENT BY \r\nMORTGAGOR. \r\n(Order XXXIV, rule 8) \r\n(Title) \r\nUpon reading the preliminary decree passed in this suit on the  day of  \r\n and further orders (if any) dated the  day of     , and the application of the \r\ndefendant dated the        day of        , for a final decree and after hearing the \r\nparties, and it appearing that the payment as directed by the said decree and orders has not been made \r\nby the plaintiff or any person on his behalf or any other person entitled to redeem the mortgage : \r\nIt is hereby ordered and decreed that the mortgaged property in the aforesaid preliminary decree \r\nmentioned or a sufficient part thereof be sold and that for the purposes of such sale the defendant shall \r\nproduce before the Court, or such officer as it appoints, all documents in his possession or power \r\nrelation to the mortgaged property. \r\n2. And it is hereby further ordered and decreed that the money realised by such sale shall be \r\npaid into Court  and shall be duly applied (af ter deduction therefrom of the expenses of the sale) in \r\npayment  of  the  amount payable to the defendant under the aforesaid preliminary decree and under \r\nany further orders that may have been passed in this suit and in payment of any amount which the  \r\nCourt may  have  adjudged due to the  defendant for  such costs of this suit including the costs of this \r\napplication and such costs, charges and expenses as  may  be payable under rule 10, together with the  \r\nsubsequent interest as  may  be  payable  under rule  11, of Order XXXIV of the First Schedule to the \r\nCode of Civil Procedure, 1908, and that the balance, if any, shall be  paid  to  the  plaintiff or other \r\npersons entitled to receive the same. \r\n_______ \r\n \r\n \r\n \r\n*Words not required to be deleted. \r\n  \r\n   \r\n \r\nPage 252 of 318 \r\n \r\nNo. 7F \r\nFINAL DECREE IN A SUIT FOR FORECLOSURE, SALE OR REDEMPTION WHERE \r\nTHE MORTGAGOR PAYS THE AMOUNT OF THE DECREE. \r\n(Order XXXIV, rules 3, 5 and 8) \r\n(Title) \r\nTHIS suit coming on this day for further consideration and it appearing that on the \r\n  day of  the mortgagor or  , the same being a person entitled to \r\nredeem, has paid into Court all amounts due to the mortgagee under the preliminary decree dated the\r\n   day of   ; It is hereby ordered and decreed that:__ \r\n(i) The mortgagee do execute a deed of reconveyance of the property in the \r\naforesaid preliminary decree mentioned in favour of the mortgagor *[or, as the \r\ncase may be,   who has redeemed the property] or an \r\nacknowledgment of the payment of the amount due in his favour; \r\n(ii) The mortgagee do bring into Court all doc uments in his possession and power \r\nrelating to the mortgaged property in the suit. \r\nAnd it is hereby further ordered and decreed that, upon the mortgagee executing the deed of \r\nreconveyance or acknowledgment in the manner aforesaid,__ \r\n(i) The said sum of Rs. be paid out of Court to the mortgagee; \r\n(ii) the said deeds and documents brought into the  Court be delivered out of Court \r\nto the  mortgagor *[or the person making the payment] and  the  mortgagee  do, \r\nwhen so  required, concur in registering,  at  the cost of the mortgagor *[or other \r\nperson making the payment], the  said deed of reconveyance  or  the  \r\nacknowledgment in the  office of the Sub­Registrar of ;and \r\n(iii) *[if the mortgagee, plaintiff or defendant, as the case may be, is in possession \r\nof the mortgaged property] that the mortgagee do forthwith deliver possession \r\nof the mortgaged property in  the aforesaid preliminary decree mentioned to the \r\nmortgagor *[or  such person as  aforesaid  who  has made the payment]. \r\n________ \r\nNo. 8 \r\nDECREE AGAINST MORTGAGOR PERSONALLY FOR BALANCE AFTER THE SALE \r\nOF THE MORTGAGED PROPERTY. \r\n(Order XXXIV, rules 6 and 8A) \r\n(Title) \r\n \r\n \r\n*Words not required to be deleted. \r\n   \r\n \r\nPage 253 of 318 \r\n \r\nUpon reading the application of the mortgagee (the plaintiff or defendant, as the case may be) \r\nand reading the final decree passed in the suit on the   day of   and the \r\nCourt being satisfied that the net proceeds of the sale held under the aforesaid final decree amounted \r\nto Rs.   and have been paid to the applicant out of the Court on the  day of \r\n and that the balance now due to him under the aforesaid decree is Rs. \r\nAnd whereas it appears to the Court that the said sum is legally recoverable from the mortgagor \r\n(plaintiff or defendant, as the case may be) personally; \r\nIt is hereby ordered and decreed as follows:__ \r\nThat the mortgagor (plaintiff or defendant, as the case may be) do pay to the mortgagee  \r\n(defendant   or plaintiff,  as the  case  may be) the  said sum of Rs.  with further interest at the \r\nrate of six per cent. per annum from the       day of   (the date of payment out of \r\nCourt referred to above) up to the date of realization of the said sum, and the costs of this application. \r\n_______ \r\nNo. 9 \r\nPRELIMINARY DECREE FOR FORECLOSURE OR SALE \r\n \r\n[Plaintiff .. .. .. .. .. 1st  Mortgagee. \r\nDefendant No. 1 .. .. vs. .. Mortgagor. \r\nDefendant No. 2 .. .. .. .. 2nd Mortgagee.] \r\n(Order XXXIV, rules 2 and 4) \r\n(Title) \r\nThe suit coming on this  day, etc.; it is hereby declared that the amount due to the \r\nplaintiff on the mortgage mentioned in the plaint calculated up to this  day of            is \r\nthe sum of Rs.  for principal, the sum of Rs.  for the interest on the said principal, the \r\nsum of Rs.  for costs, charges and expenses (other than the costs of the suit) incurred by the \r\nplaintiff in respect of the mortgage­securi ty with interest thereon and the sum of Rs.                    for \r\nthe costs of this suit awarded to the plaintiff, making in all, the sum of Rs. \r\n(Similar declarations to be introduced with, regard to the amount due to defendant  No.2  in  \r\nrespect of his mortgage if the mortgage­money due thereunder has become payable at the date of the \r\nsuit). \r\n2. It is further declared that the plaintiff is entitled to payment of the amount due to him in \r\npriority to defendant No. 2 *[or (if there are several subsequent mort gagees) that the several parties \r\nhereto are entitled in the following order to the payment of the sums due to them respectively]. \r\n \r\n*Words not required to be deleted. \r\n  \r\n   \r\n \r\nPage 254 of 318 \r\n \r\n3. And it is hereby ordered and decreed as follows :__ \r\n(i) (a) that defendants or one of them do pay into Court on or before the         day \r\nof  or any later date up to which time for payment  has been extended \r\nby the  Court                     the said sum of Rs.  due to the plaintiff; \r\nand \r\n(b)  that defendant No.1 do pay into Court on or before the          day of       \r\n or any later date up    to which time for payment has been extended by \r\nthe Court the said sum of Rs.   due to defendant No. 2; and \r\n(ii) that, on payment of the sum declared to be due to the plaintiff by defendants or \r\neither of  them in the manner prescribed in clause (i) (a) and on payment \r\nthereafter before such date  as the Court may fix of such amount as the Court \r\nmay adjudge  due in respect of such costs  of the suit and such costs, charges \r\nand expenses as may be payable under rule 10, together with such subsequent \r\ninterest as may be payable  under rule  11,  of Order XXXIV of the  First \r\nSchedule to the Code of Civil Procedure, 1908, the plaintiff shall bring into \r\nCourt all documents in his posses sion or power relating to the mortgaged \r\nproperty in the plaint mentioned, and all such documents shall be delivered over \r\nto the defendant No.   (Who has made the payment), or to such \r\nperson as he appoints, and the plaintiff shall, if so required, re­convey  or \r\nre­transfer the said property free from the said mortgage and clear of and from \r\nall incumbrances created by the plaintiff or any person claiming under him or \r\nany person under whom he claims, and also free from all liability whatsoever \r\narising from the mortgage or this suit and shall, if so required, deliver up to the \r\ndefendant No.   (who    has made the payment) quiet and peaceable possession \r\nof the said property. \r\n(Similar declarations to be introduced, if defendant No.1 pays the amount found or declare d \r\nto be due to defendant No.2 with such variations as may be necessary having regard to the nature of \r\nhis mortgage.) \r\n4. And it is hereby further ordered and decreed that in default  of payment  as aforesaid of the  \r\namount due to the plaintiff, the plaintiff shall be at liberty to apply to the Court for a final decree__ \r\n(i) *[in the case of a mortgage by conditional sale or an anomalous mortgage \r\nwhere the only remedy provided for the mortgage­deed is foreclosure and not \r\nsale] that the defendants jointly and severally shall thenceforth stand absolutely \r\ndebarred and foreclosed of and from all right to redeem the mortgaged property \r\ndescribed in the Schedule annexed hereto and shall, if so required, deliver to the \r\nplaintiff quiet and peaceable possession of the said property; or \r\n(ii) *[in the case of any other mortgage] that the mortgaged property or a sufficient \r\npart thereof shall be sold; and that for the purposes of such sale the plaintiff shall \r\nproduce before the Court or such officer as it appoints, all documents in his \r\npossession or power relating to the mortgaged property; and \r\n \r\n \r\n*Words not required to be deleted. \r\n   \r\n \r\nPage 255 of 318 \r\n \r\n(iii) * [in the case where a sale is ordered under clause 4 (ii) above] that the money \r\nrealised by such sale shall be paid into Court and be duly applied (after \r\ndeduction there­from of the  expenses of the sale) in payment of the amount \r\npayable to the plaintiff under this decree and under any further orders that may \r\nhave been passed in this suit and in payment of the amount which the Court may \r\nadjudge due to  the plaintiff in respect of such costs of this suit and such costs, \r\ncharges and expenses as may be payable under rule 10, together with such \r\nsubsequent interest as may be payable under rule 11, of Order XXXIV of the \r\nFirst Schedule to the Code of Civil Procedure, 1908. and that the balance, if any, \r\nshall be applied in payment of the amount due to defendant No. 2; and that if \r\nany balance be left, it shall be paid to the defendant No.1 or other persons \r\nentitled to receive the same; and \r\n(iv) That, if the money realised by such sale shall not be sufficient for payment in \r\nfull of the amounts due to the  plaintiff and defendant No. 2, the plaintiff or \r\ndefendant No.2 or both of them, as the case may be, shall be at liberty (when \r\nsuch remedy is open under the terms of their respective mortgages  and  is  not \r\nbarred by any law for the time being in force) to apply for  a personal  decree \r\nagainst defendant No.1 for  the  amounts  remaining due to them respectively. \r\n5. And it is hereby further ordered and decreed__ \r\n(a) that if defendant No.2 pays into Court to the credit of this suit the amount \r\nadjudged due to the plaintiff, but defendant No.1 makes default in the payment \r\nof the said amount, defendant No.2 shall be at liberty to apply to the Court to \r\nkeep the plaintiffs mortgage, alive for his benefit and to apply for a final decree \r\n(in the same manner as the plaintiff might have done under clause 4 above)__ \r\n*[(i)  that defendant No.1 shall thenceforth stand absolutely debarred and \r\nforeclosed of and from all  right to redeem the mortgage property \r\ndescribed in the Schedule annexed hereto and shall, if so required, \r\ndeliver up to defendant No.2 quiet and peaceable possession of the said \r\nproperty;] or \r\n*[(ii)  that the mortgaged property or a sufficient part thereo f be sold and that \r\nfor the purposes of such sale defendant No.2 shall produce before the \r\nCourt or such officer as it appoints, all documents in his possession or \r\npower relating to the mortgaged property;] \r\nand (b)  (if on the application of defendant No. 2 such a final decree for foreclosure is \r\npassed), that the whole of the liability of defendant No.1 arising from the \r\nplaintiff’s mortgage or from the mortgage of defendant No.2 or from this suit \r\nshall be deemed to have been discharged and extinguished. \r\n6. And it is hereby further ordered and decreed *[ in the case where a sale is ordered under \r\nclause 5 above]__ \r\n \r\n*Words not required to be deleted. \r\n \r\n  \r\n   \r\n \r\nPage 256 of 318 \r\n \r\n(i) that the money realized by such sale shall be paid into  Court and  be duly \r\napplied (after deduction therefrom of  the expenses of the sale) first in payment \r\nof the amount paid by defendant No. 2 in respect of the plaintiff's mortgage and \r\nthe costs of the suit in connection therewith and in payment of the amount which \r\nthe Court may adjudge due in respect of subsequent interest on the said amount; \r\nand that the balance, if any, shall then  be applied in payment of the amount \r\nadjudged due to defendant No. 2 in respect of his own mortgage under this \r\ndecree and any further orders that may be passed and in payment of the  amount  \r\nwhich the  Court may adjudge  due in respect of such costs of this suit and such \r\ncosts, charges and expenses as may be payable to defendent No. 2 under rule \r\n10, together with  such  subsequent interest as may be payable under rule 11,  of \r\nOrder XXXIV of the  First  Schedule  to the  Code of Civil Procedure, 1908, \r\nand that the balance, if any, shall be paid to defendant No.1 or other persons \r\nentitled to receive the same; and \r\n(ii) that, if the money realised by such sale shall not be suffic ient for payment in \r\nfull of the amount due in respect of the plaintiff's mortgage or defendant No. 2's \r\nmortgage, defendant No. 2 shall be at liberty (where such remedy is open to him \r\nunder the terms of his mortgage and is not barred by any law for the time being \r\nin force) to apply for a personal decree against defendant No.1 for the amount \r\nof the balance. \r\n7. And it is hereby further ordered and decreed that the parties are at liberty to apply to the \r\nCourt from time to time as they may have occasion, and on such application or otherwise the Court \r\nmay give such directions as it thinks fit. \r\nSCHEDULE \r\nDescription of the mortgaged property. \r\n_______ \r\nNo. 10 \r\nPRELIMINARY DECREE FOR REDEMPTION OF PRIOR MORTGAGE AND \r\nFORECLOSURE OR SALE ON SUBSEQUENT MORTGAGE. \r\nPlaintiff .. .. .. .. .. 2nd Mortgagee, \r\nvs. \r\nDefendant No.1 ... .. .. .. Mortgagor \r\nDefendant No.2 ... .. .. .. 1st Mortgagee] \r\nThe  suit  coming on this day, etc.; It is hereby declared that the amount due to defendant No.2 on \r\nthe mortgage  mentioned in  the plaint  calculated up to this                        day of                      is the \r\nsum of Rs.                 for principal, the sum of Rs.         for interest on the said principal, the sum \r\nof Rs.     for costs, charges and expenses (other than the costs of the suit) properly incurred by \r\ndefendant  No. 2  in  respect  of  the  mortgage­security  with  interest  thereon  and  the  sum  of \r\n*Words not required to be deleted. \r\n  \r\n   \r\n \r\nPage 257 of 318 \r\n \r\nRs.              for  the  costs  of  this suit awarded to defendant No.2, making in  all  the  sum  of   \r\nRs. \r\n(Similar declarations to be introduced with regard to the amount due from defendant No.1 to \r\nthe plaintiff in respect of his mortgage if the mortgage money due there­under has become payable at \r\nthe date of the suit.) \r\n2. It is further declared that defendant No. 2 is entitled to payment of the amount due to him in \r\npriority to the plaintiff *[or (if there are several subsequent mortgagees) that the several parties hereto   \r\nare entitled in the following order to the payment of the sums due to them respectively:­] \r\n3. And it is hereby ordered and decreed as follows :__ \r\n(i)(a)  that the  plaintiff or defendant No. 1 or one of them do pay into Court on  or \r\nbefore the  day of   or any later date up to which time \r\nfor payment has been extended by the  Court the  said sum  of Rs.  due \r\nto defendant No. 2; and \r\n(b) that defendant No.1 do pay into Court on or before  the                day of\r\n  or any later date up­to which time for payment has been extended \r\nby the  Court the  said sum of Rs.  due to the plaintiff ; and \r\n(ii) that, on payment of the sum declared due to defendant No. 2 by the plaintiff and \r\ndefendant No.1 or either of them in the  manner  prescribed in clause (i) (a)  and \r\non payment thereafter before such date as the Court may fix of such amount as \r\nthe Court may adjudge due in respect of such costs of the suit and such costs, \r\ncharges and expenses as may be payable under rule 10, together with such \r\nsubsequent interest as may be payable under rule 11, of Order XXXIV of the \r\nFirst Schedule to the Code of Civil Procedure, 1908, defendant No. 2 shall bring \r\ninto Court all documents in  his  possession  or  power relating to the mortgaged \r\nproperty in the plaint mentioned, and all such documents  shall be delivered over \r\nto the plaintiff or defendant  No.1 (whoever has made the payment), or to such \r\nperson as he appoints, and defendant No. 2 shall, if so required, re­convey or \r\nre­transfer the said property free from  the  said mortgage and clear of and from \r\nall in­cumbrances created by defendant No.2  o r  any  person claiming under \r\nhim or any person under whom he claims, and also free, from all liability \r\nwhatsoever arising from the mortgage or this suit and shall, if so required, \r\ndeliver up to the  plaintiff or defendant No.1 (whoever  has made the payment) \r\nquiet and peaceable possession of the said property. \r\n(Similar declarations to be introduced, if defendant No.1 pays the amount found or declared \r\ndue to the plaintiff with such variations as may be necessary having regard to the nature of his \r\nmortgage.) \r\n4. And it is hereby further ordered and decreed that in default of payment as aforesaid, of the \r\namount due to  defendant No.2, defendant No.2 shall be at liberty to apply to the Court that the suit be \r\ndismissed or for a final decree__ \r\n \r\n*Words not required to be deleted. \r\n  \r\n   \r\n \r\nPage 258 of 318 \r\n \r\n(i) *[in the case of mortgage by conditional sale or an anomalous mortgage where the \r\nonly remedy provided for in the mortgage deed is foreclosure and not sale] that the \r\nplaintiff and defendant No.1 jointly and severally shall thenceforth stand absolutely \r\ndebarred and foreclosed of and from all right to redeem the  mortgaged property \r\ndescribed in the Schedule annexed hereto and shall, if so required, deliver to the \r\ndefendant No.2 quiet and peaceable possession of the property; or \r\n(ii) *[in the case of any other mortgage] that the mortgaged property or a sufficient part \r\nthereof shall be sold; and that for the purposes of such sale defendant No.2 shall \r\nproduce before the Court or such officer as it appoints, all documents in his \r\npossession or power relating to the mortgaged property; and \r\n(iii) *[in the case where a sale is ordered under clause 4(ii) above ] that the money \r\nrealized by such sale shall be paid into Court and be duly applied (after deduction \r\ntherefrom of the expenses of the sale) in  payment of the amount payable to \r\ndefendant No. 2 under the decree and any further orders that may be passed in this \r\nsuit and in payment of the amount which the Court may  adjudge due to defendant \r\nNo.2 in respect of such costs of the suit  and such costs, c harges  and expenses as \r\nmay be payable to the plaintiff under rule 10, together  with  such  subsequent \r\ninterest as may be payable under rule 11, of Order XXXIV  of  the  First  Schedule \r\nto the Code of Civil Procedure, 1908, and that the balance,  if  any,  shall  be  applied \r\nin payment of the amount due to the plaintiff  and that, if  any balance  be  left, it \r\nshall be paid to defendant No.1 or other persons entitled to receive the same; and \r\n(iv) that, if the money realized by such sale shall not be sufficient for payment in fun of \r\nthe amounts due to defendant No.2 and the plaintiff, defendant No.2 or the plaintiff \r\nor both of them, as the case may be, shall be at liberty (when such remedy is open \r\nunder the terms of their respective mortgages and is not barr ed by any law for the \r\ntime being in force) to apply for a personal decree against defendant No. 1 for the \r\namounts remaining due to them respectively. \r\n5. And it is hereby further ordered and decreed,__ \r\n(a)  that, if the plaintiff pays into Court to the cred it of this suit the amount adjudged \r\ndue to defendant No.2 but defendant No.1 makes default in the payment of the said \r\namount, the plaintiff shall be at liberty to apply to the Court  to keep defendant  No. \r\n2’s mortgage  alive  for his benefit and to apply for a final decree \r\n(in the same manner as the defendant No.2 might have done under clause 4 above)__ \r\n*[ (i)  that defendant  No.1 shall thenceforth stand absolutely debarred and foreclosed of \r\nand from all right to redeem the mortgaged property described in  the Schedule \r\nannexed hereto and shall, if so required, deliver up to the plaintiff quiet  and \r\npeaceable  possession  of the  said property;] or \r\n*[(ii)  that the mortgaged property or a sufficient part thereof be sold and that for the \r\npurposes     of such sale the plaintiff shall produce before the Court or such officer \r\nas it appoints, all documents in his possession or power relating to the mortgaged \r\nproperty;] \r\n \r\n*Words not required to be deleted. \r\n  \r\n   \r\n \r\nPage 259 of 318 \r\n \r\nand    (b)  (if on the application of defendant No.2 such a final decree  for foreclosure  is passed), \r\nthat the whole of the liability  of defendant  No.1 arising from the  plaintiff's \r\nmortgage  or from the  mortgage of defendant No.2 or from this suit shall be \r\ndeemed to have been discharged and extinguished. \r\n6. And it is hereby further ordered and decreed ( in the case where a sale is ordered under \r\nclause 5 above)__ \r\n(i) that the money realised by such sale shall be paid into Court and be duly applied \r\n(after deduction there­from of the expenses of the sale) first in payment  of the  \r\namount  paid by  the plaintiff in respect of defendant No. 2's mortgage and the \r\ncosts of the suit in connection therewith and in payment of the amount which \r\nthe Court may adjudge due in respect of subsequent interest on the said amount; \r\nand that the balance, if any, shall then be applied in payment of the amount \r\nadjudged due to the plaintiff in respect of his own mortgage under  this decree \r\nand any further orders that may be passed and in payment of the amount which \r\nthe Court may adjudge due in respect of such costs of the suit and such costs, \r\ncharges and expenses as may be payable to the plaintiff under rule 10, together \r\nwith such subsequent interest as may be payable under  rule 11,  of Order  \r\nXXXIV of the  First Schedule to the Code of Civil Procedure, 1908, and that \r\nthe balance, if any, shall be paid to defendant No.1 or other persons entitled to \r\nreceive the same; and \r\n(ii) that, if the money realised by such sale shall not be sufficient for paym ent in \r\nfull of the amount due in respect of defendant No. 2's mortgage or the plaintiff's \r\nmortgage, defendant No. 2 shall be at liberty (where such remedy is open to him \r\nunder the terms of his mortgage and is not barred by any law for the time being \r\nin force) to apply for a personal decree against defendant No.1 for the amount \r\nof the balance. \r\n7. And it is hereby further ordered and decreed that the parties are at liberty to apply to the \r\nCourt from time to time as they may have occasion, and on such application or otherwise the Court \r\nmay give such directions as it thinks fit. \r\nSCHEDULE \r\nDescription of  the  mortgaged property \r\n_______ \r\nNo. 11  \r\nPRELIMINARY DECREE  FOR SALE \r\n[Plaintiff ..  ..  ..  ..Sub or derivative mortgagee. \r\nVs \r\nDefendant No.1 ..  ..  ..  .. Mortgagor. \r\nDefendant No.2 ..  ..  ..  .. Original mortgagee.] \r\n  \r\n  \r\n   \r\n \r\nPage 260 of 318 \r\n \r\n(Order XXXIV, rule 4) \r\n(Title) \r\nThis  suit coming on this  day, etc.; It is hereby declared that the amount due to \r\ndefendant No.2 on his mortgage calculated up  to  this        day of   is the  sum \r\nof Rs.   for  principal, the  sum of Rs. for interest on the said principal, the  sum of Rs.\r\n  for costs, charges and expenses (other than the costs of the suit) in respect of the \r\nmortgage­ security together with interest thereon and the sum of Rs.      for the costs of \r\nthe suit awarded to defendant No.2, making in all   the sum of Rs. \r\n(Similar declarations to be introduced with regard to the amount  due from defendant  No.2 to \r\nthe plaintiff in respect    of his mortgage.) \r\n2. And it is hereby ordered and decreed as follows:__ \r\n(i) that defendant No.1 do pay into Court on or before the said                         day \r\nof     or any later date up to which time for payment may be extended \r\nby the Court the said sum of Rs.  due to defendant No. 2. \r\n(Similar declarations to be introduced with regard to the amount due to the plaintiff, defendant \r\nNo. 2 being at liberty   to pay such amount.) \r\n(ii) that, on payment of the sum declared due to defendant No. 2 by defendant No.1 \r\nin the manner prescribed in clause 2 ( i) and on payment thereafter before such \r\ndate as the Court may fix of such amount as the Court may adjudge due in  \r\nrespect  of such costs of the  suit and such costs, charges and expenses as may \r\nbe  payable  under rule  10,     together with such subsequent interest as may be \r\npayable under rule 11, of Order XXXIV of the First Schedule  to the Code of \r\nCivil Procedure, 1908,   the plaintiff and defendant No. 2 shall   bring into Court \r\nall documents in their possession or power relating to the mortgaged  prope rty \r\nin the plaint mentioned, and all such documents (except such as relate only to \r\nthe sub­mortgage) shall be delivered over to defendant No. 1, or to such person \r\nas he appoints, and defendant No. 2 shall, if so required, re­convey or re­transfer \r\nthe property to defendant No.1 free from the said mortgage clear of and from \r\nall in­cumbrances created by defendant No.2 or any person claiming under him \r\nor any person under whom he claims, and free from all liability arising from the \r\nmortgage or this suit and shall, if so required, deliver up to defendant No.1 quiet \r\nand peaceable possession of the said property; and \r\n(iii) that, upon payment into the Court by defendant No.1 of the  amount  due  to \r\ndefendant  No.2, the plaintiff shall be at liberty to apply for payme nt to him of \r\nthe sum declared due to him together with any subsequent costs of the suit and \r\nother costs, charges and expenses as may be payable under rule 10, together \r\nwith such subsequent interest as may be payable under rule 11, of Order XXXIV \r\nof the First Schedule to the Code of Civil Procedure, 1908, and that the balance, \r\nif any, shall then be paid to defendant No.  2; and that if the amount paid into \r\nthe Court be not sufficient to pay in full the sum due to the plaintiff, the plaintiff  \r\n  \r\n   \r\n \r\nPage 261 of 318 \r\n \r\nshall be at liberty (if such remedy is open to him by the terms of the mortgage \r\nand is not barred by any law for the time being in force) to apply for a personal \r\ndecree  against defendant No.2 for the amount of the balance. \r\n3. And it is further ordered and decreed that if defendant No.2 pays into Court to the credit of \r\nthis suit the amount adjudged due to the plaintiff shall bring into the Court all documents, etc. [as in \r\nsub­ clause (ii) of clause 2]. \r\n4. And it is hereby further ordered and decreed that, in  default  of payment  by defendants Nos. \r\n1  and 2 as aforesaid, the plaintiff may apply to the court for a final decree for sale, and  on  such  \r\napplication being made the mortgaged property or a sufficient part thereof shall be directed to be sold; \r\nand that for the purposes of such sale  the plaintiff and defendant No.2 shall produce before the Court     \r\nor such officer as it appoints, all documents in their possession or power relating to the mortgaged \r\nproperty. \r\n5. And it is hereby further ordered and decreed that the money realised by such sale shall be  \r\npaid  into Court and be duly applied (after deduction therefrom of the expenses of the  sale) first  in  \r\npayment of the amount due to the plaintiff as specified in clause 1 above with such costs of the suit  \r\nand other costs, charges and expenses as may be payable under rule 10, together with such subsequent \r\ninterest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil \r\nProcedure, 1908, and that the balance, if any, shall be appli ed in  payment of the  amount due  to \r\ndefendant No.2;  and that, if any balance be  left, it  shall be  paid to defendant  No.1 or other persons \r\nentitled to receive  the same. \r\n6. And it is hereby further ordered and decreed that, if the money realised by s uch sale shall \r\nnot be sufficient for payment in full of the amounts payable  to the  plaintiff  and defendant  No.2, the  \r\nplaintiff or defendant No.2 or both of them, as the case may be, shall be at liberty (if such remedy is \r\nopen under their respective mortgages and is not barred by any law for the time being in force) to apply \r\nfor a  personal decree against defendant No.2 or defendant No.1 (as the case may be) for the amount \r\nof the balance. \r\n7. And it is hereby further ordered and decreed that, if  defenda nt No.2 pays into Court to the \r\ncredit  of this suit  the amount adjudged due to the plaintiff, but defendant No.1 makes default in \r\npayment of    the amount due to defendant No.2, defendant No.2 shall be at liberty to apply to the Court \r\nfor a final decree for foreclosure or sale (as the case may be)­(dec1arations  in  the  ordinary  from  to  \r\nbe introduced according to the nature of defendant No. 2’s mortgage and the remedies open to him \r\nthere­under). \r\n8. And it is hereby further ordered and decreed that the parties are as liberty to apply to the \r\nCourt  as they may have occasion and on such application or otherwise  the  Court  may give  such \r\ndirections as it thinks fit.] \r\nSCHEDULE \r\n[Description of the mortgaged property] \r\nNo. 12 \r\nDECREE FOR RECTIFICATION OF INSTRUMENT \r\n(Title) \r\n  \r\n   \r\n \r\nPage 262 of 318 \r\n \r\n \r\nIt is hereby declared that the , dated the day of 19, does not \r\ntruly express the intention of the parties to such  .  \r\nAnd it is decreed that  the said . be rectified by \r\n_______ \r\nNo. 13 \r\nDECREE TO SET ASIDE A TRANSFER IN FRAUD OF CREDITORS \r\n(Title) \r\nIt is hereby declared that the  ,   dated the               day of   19   , and made \r\nbetween       and   , is void as against the plaintiff and all other the creditors, \r\nif any, of the defendant. \r\n_______ \r\nNo. 14 \r\nINJUNCTION AGAINST PRIVATE NUISANCE \r\n(Title) \r\nLET the defendant          , his agents, servants and workmen, be perpetually \r\nrestrained from burning,  or causing to be burnt, any bricks on the defendant's plot of land marked B \r\nin  the annexed   plan, so as to occasion a nuisance to the plaintiff  as the owner or occupier of the \r\ndwelling­house and garden mentioned in the plaint as belonging to and being occupied by the plaintiff. \r\n_______ \r\nNo. 15 \r\nINJUNCTION AGAINST BUILDING HIGHER THAN OLD LEVEL \r\n(Title) \r\n \r\nLET the defendant , his contractors, agents an d workmen, be perpetually \r\nrestrained from continuing to erect  upon  his premises in any house or building of a greater \r\nheight than the buildings which formerly stood upon his said premises  and  which  have  been  \r\nrecently  pulled  down, so or in such manner as to darken, injure or obstruct such of the plaintiff’s \r\nwindows in his said premises as arc ancient lights. \r\n \r\n_______ \r\n \r\n  \r\n   \r\n \r\nPage 263 of 318 \r\n \r\nNo. 16 \r\nINJUNCTION RESTRAINING USE OF PRIVATE ROAD \r\n(Title) \r\nLET the defendant    , his agents, servants and workmen, be perpetually \r\nrestrained from using or permitting to be used any part of the lane at , the soil of which belongs \r\nto the plaintiff, as a carriage way for the passage of carts, carriages or other vehicles, either going to \r\nor from the land marked B in the annexed plan or for any purpose whatsoever. \r\n_______ \r\nNo. 17 \r\nPRELIMINARY DECREE IN AN ADMINISTRATION­SUIT \r\n(Title) \r\nIt is ordered that the following accounts and inquiries be taken and made; that is to say:__ \r\nIn creditor’s suit:__ \r\n1.  That an account be taken of what is due to the plaintiff and all other the creditors of the \r\ndeceased. \r\nIn suits by legatees__ \r\n2. That an account be taken of the legacies given by the testator’s will.  \r\nIn suit by next­of­kin__ \r\n3. That an inquiry be made and account taken of what or of what share, if any, the plaintiff is \r\nentitled to as next­of­kin [or one of the next­of­kin] of the intestate. \r\n[After the first paragraph, the decree will, where necessary, order, in a creditor's suit, inquiry \r\nand accounts for legatees, heirs­at­law and next­of­kin. In suits by claimants other than creditors, after \r\nthe first paragraph, in all cases, an order to inquire and take an account of creditors will follow the first \r\nparagraph and such of the others as may be necessary will follow, omitting the first formal words. The \r\nform is continued as in a creditor’s suit.] \r\n4. An account of the funeral and testamentary expenses. \r\n5. An account of the moveable property of the deceased comes to the hands of the defendant, \r\nor to the hands of any other person by his order or for his use. \r\n6. An inquiry what part (if any) of the moveable property of the deceased is outstanding and \r\nundisposed of. \r\n7. And it  is  further ordered that  the  defendant  do, on or before  the                 day of\r\n  next, pay into Court all sums of money which shall be found to have come to his hands \r\nor to the hands of any person by his order or for his use. \r\n   \r\n \r\nPage 264 of 318 \r\n \r\n8. And that if the   *shall find it necessary for carrying out the objects of the \r\nsuit to sell any part of the moveable property of the decea sed that the same be sold accordingly, and \r\nthe proceeds paid into Court. \r\n9. And that Mr. E.F. be receiver in the suit (or proceeding) and receive and get in all outstanding \r\ndebts and outstanding moveable property of the deceased, and pay the same into the  hands  of   the\r\n   *(and shall give security by bond for the due performance of his duties to the \r\namount of                       rupees). \r\n10. And it is further ordered that if the moveable property of the deceased be found insufficient \r\nfor carrying out the  objects of the suit, then the following further inquiries be made, and accounts \r\ntaken, that is to say__ \r\n(a) an inquiry what immoveable property the deceased was seized of or entitled to \r\nat the time of his death; \r\n(b) an inquiry what are the incumbrances (if any) affecting the immoveable \r\nproperty of the deceased or any part thereof; \r\n(c) an account, so far as possible, of what is due to the several incumbrances, and \r\nto include a statement of the priorities of such of the incumbrances as shall \r\nconsent to the sale hereinafter directed. \r\n11. And that the immoveable property of the deceased, or so much thereof as shall be necessary \r\nto make up the fund in Court sufficient to carry out the object of the suit, be sold with the approbation \r\nof   the judge, free from incumbrances (if any) of such incumbrancers as shall consent to the  sale  and  \r\nsubject to the incumbrances of such of them as shall not consent. \r\n12. And it is ordered that G.H. shall have the conduct of the sale of the immoveable property, \r\nand shall prepare  the  conditions and contracts of sale  subject  to the  approval  of the            \r\n*and that in case any doubt or difficulty shall arise the papers shall be submitted to the judge to settle. \r\n13. And it is further ordered that, for the purpose of the in quiries hereinbefore directed, the\r\n          *shall advertise in the  newspapers according to the  practice  of the  Court, or shall­make  \r\nsuch inquiries in any other way which shall appear  to the   *to give the most useful \r\npublicity to such inquiries. \r\n14. And it is ordered that the above inquiries and accounts be made and taken, and that all other \r\nacts ordered to be  done be completed, before the  day of  ,  and that the\r\n  *do certify the result of the inquiries, and the accounts, and that all other acts  ordered \r\nare  completed, and have his certificate in that behalf ready for the inspection of the parties on the         \r\nday of \r\n15. And, lastly, it is ordered that this suit [ or proceeding] stand adjourned for making final \r\ndecree to the   day of   [such part only of this decree is to be used as is \r\napplicable to the particular case.] \r\n_______ \r\n \r\n*Here insert name of proper officer. \r\nNo. 18 \r\n   \r\n \r\nPage 265 of 318 \r\n \r\nFINAL DECREE IN AN ADMINISTRATION­SUIT BY A LEGATEE \r\n(Title) \r\n1. It is ordered that the defendant  do, on or before the  day of       , \r\npay into Court the sum  of Rs.  , the balance by the said certificate found to be due from the said  \r\ndefendant  on account  of the estate of                    , the testator, and also the  sum of Rs.     \r\nfor interest, at the rate of Rs.             per cent. per annum, from the              day of            to the \r\nday of                       , amounting together to the sum of Rs. \r\n2. Let the  *of the said Court tax the costs of the plaintiff and defendant in this suit, \r\nand let the amount of the said costs, when so taxed, be paid out of the said sum of Rs.         \r\nordered to be paid     into Court as aforesaid, as follows :__ \r\n(a) The  costs  of  the  plaintiff to Mr.   , his attorney [or pleader] or \r\nand the costs of the defendant to Mr.                  ,his attorney [or pleader]. \r\n(b) And (if any debts are due) with the residue of the said sum of Rs. \r\n after payment of the plaintiff's and defendant costs as aforesaid, let the sums \r\nfound to  be  owing  to  the several creditors mentioned in the schedule to the \r\ncertificate, of the   * , together        with subsequent \r\ninterest on such of the debts as bear interest, be paid; and, after making such \r\npayments; let the amount coming to the several legatees mentioned in the  \r\n  schedule, together with  subsequent  interest  (to be verified as aforesaid), \r\nbe paid to them. \r\n3. And if there should then be any residue, let the same be paid to the residuary legatee. \r\n_______ \r\nNo. 19 \r\nPRELIMINARY DECREE IN AN ADMINISTRATION­SUIT BY A LEGATEE WHERE AN \r\nEXECUTOR IS HELD PERSONALLY LIABLE FOR THE PAYMENT 0F LEGACIES. \r\n(Title) \r\n1. IT is declared that the defendant is personally liable to pay the legacy of Rs.   bequeathed to the \r\nplaintiff; \r\n2. And it is ordered that an account be taken of what is due for principal and interest on the said \r\nlegacy; \r\n3. And it is also ordered that the defendant do, within  weeks after the date of the \r\ncertificate of the  * , pay to the plaintiff the amount of what the          *shall certify \r\nto be due for principal and interest; \r\n4. And it is ordered that the defendant do pay the plaintiff his costs of suit, the same to be taxed in \r\ncase the parties differ.    \r\n_______ \r\n \r\n*Here insert name of proper officer. \r\n \r\n   \r\n \r\nPage 266 of 318 \r\n \r\nNo. 20 \r\nFINAL DECREE IN AN ADMINISTRATION­SUIT BY NEXT­OF­KIN \r\n(Title) \r\n1. LET the   *of the said Court tax the costs of the plaintiff and defendant in \r\nthis suit, and let the amount of the said plaintiff's costs, when so taxed, be paid by the defendant to the \r\nplaintiff  out  of the sum of Rs.   , the balance by the said certificate found to be \r\ndue from the said defendant on account of the personal estate of E.F. the  intestate,  within  one  week  \r\nafter  the taxation of the said cost by the said      * , and let the defendant retain for her own \r\nuse out of such sum    her costs, when taxed. \r\n2. And it is ordered that the residue of the said sum of Rs.   , after payment of \r\nthe plaintiff's and defendants costs as aforesaid, be paid and applied by defendant as follows :­ \r\n(a) Let the defendant, within one week after the taxation of the said costs by the\r\n  *as aforesaid, pay one­third share of the said residue  to the  \r\nplaintiffs A.B., and C.D.,  his  wife, in her right as the sister and one of the \r\nnext­of-kin of the said E.F., the intestate. \r\n(b) Let the defendant retain for her own use on other third share of the said residue,  \r\nas the  mother and one of the next­of­kin of the said E.F., the intestate. \r\n(c) And let the defendant, within one week after the taxation of the said cost by the\r\n  *as aforesaid, pay the remaining one­third share of the said \r\nresidue to G.H., as the  brother and the other next­of­kin of the said E.F., the \r\nintestate. \r\n_______ \r\nNo. 21 \r\nPRELlMlNARY DECREE IN A SUIT FOR DISSOLUTION OF PARTNERSHIP AND THE \r\nTAKING OF PARTNERSHIP ACCOUNTS \r\n(Title) \r\nIT is declared that the proportionate shares of the parties in the partnership are as follows:__ \r\nIt is declared that this partnership shall stand dissolved [or shall be deemed to have been \r\ndissolved] as from the           day of            ,and it is ordered that the dissolution \r\nthereof as from that day be advertised in the Gazette, etc. \r\nAnd it is ordered that   be the receiver of the partnership estate and effects in this \r\nsuit and do get in all the outstanding book­debts and claims of the partnership. \r\nAnd it is ordered that the following accounts be taken:__ \r\n1. An account of the credits, property and effects now belonging to the said partnership; \r\n*Here insert name of proper officer. \r\n  \r\n   \r\n \r\nPage 267 of 318 \r\n \r\n2. An account of the debts and liabilities of the said partnership; \r\n3. An account of all dealings and transactions between the plaintiff and defendant, from the \r\nfoot of the settled account exhibited in this suit and marked (A), and not disturbing any subsequent \r\nsettled accounts: \r\nAnd it is ordered that the good will of the business heretofore carried on by the plaintiff  and \r\ndefendant as in the plaint mentioned, and the stock­in­trade, be sold on the premises, and that the  \r\n  *may, on the application of any of the parties, fix a reserved bidding for all or any of \r\nthe lots at such sale, and that either of the parties is to be at liberty to bid at the sale. \r\nAnd it is ordered that the above accounts be taken, and all the other acts required to be done be \r\ncompleted, before the   day of , and that the   *do certify the result of the \r\naccounts, and that all other acts are completed, and have his certificate in that behalf ready for the \r\ninspection of the parties on the  day of  . \r\nAnd, lastly, it is ordered that this suit stand adjourned for making a final decree to the        \r\nday of   . \r\n_______ \r\nNo. 22 \r\nFINAL DECREE IN A SUIT FOR DISSOLUTION OF PARTNERSHIP AND THE TAKING \r\nOF PARTNERSHIP ACCOUNTS. \r\n(Title) \r\nIT is ordered that the fund now in Court, amounting to the sum of Rs.                , be \r\napplied as follows :__ \r\n1. In payment of the debts due by the partnership set forth in the certificate of the \r\n*amounting in the whole to Rs. \r\n2. In payment of the costs of all parties in this suit, amounting to Rs.    \r\n[These costs must be ascertained before the decree is drawn up] \r\n3. In payment of the sum of Rs.   to the plaintiff as his share of the \r\npartnership­assets, of the sum of Rs.   , being the residue of the said sum of Rs.    \r\nnow in Court, to be defendant as his   share of the partnership­assets. \r\n[Or, and that the remainder of the said sum of Rs.   be paid to the said plaintiff \r\n(or defendant) in part payment of the sum of Rs. certified to be due to him in respect of the \r\npartnership­accounts.] \r\n4. And that the defendant [or plaintiff] do on or before the               day of         pay to \r\nthe plaintiff [or defendant] the sum of Rs.  being the balance of the said sum Rs.  \r\n due to him, which will then remain due. \r\n*Here insert name of proper officer. \r\nNo. 23 \r\n   \r\n \r\nPage 268 of 318 \r\n \r\nRECOVERY OF LAND AND MESNE PROFITS \r\n(Title) \r\nIT is hereby decreed as follows :__ \r\n1. That the defendants do put the plaintiff in possession of property specified in the schedule  \r\nhereunto annexed. \r\n2. That the defendant do pay to the plaintiff the sum of Rs.            with interest thereon \r\nat the rate of  per cent. per annum to the date of realization on account of mesne profits which \r\nhave accrued due prior to the institution of the suit. \r\nOr \r\n2. That an inquiry be made as to the amount of mesne Profits which have accrued due prior to \r\nthe institution of the suit. \r\n3. That an inquiry be made as to the amount of mesne profits from the institution of the suit \r\nuntil [the delivery possession to the decree­holder] \r\n[The relinquishment of Possession by the judgment debtor will notice to the decree­holder \r\nthrough the Court [the expiration of three years from the date of the decree]. \r\n_______ \r\nAPPENDIX E \r\nEXECUTION \r\nNo. 1 \r\nNOTICE TO SHOW CAUSE WHY A PAYMENT OR ADJUSTMNET SHOULD NOT BE \r\nRECORDED AS CERTIFIED (O. 21, r.2) \r\n(Title) \r\nTo \r\nWHEREAS in execution of the decree in the above­named suit   has applied \r\nto this Court that the sum of Rs.   recoverable under the decree has been \r\npaid/adjusted and should be recorded as certified, this is to give you notice that you are to appear before \r\nthis Court on the                      day of                 19    , to show cause why the Payment/ Adjustment  \r\naforesaid should not be recorded as certified.  \r\nGiven under my hand and the seal of the Court, this of          day of      19     . \r\n_______ \r\n \r\n  \r\n   \r\n \r\nPage 269 of 318 \r\n \r\nNo. 2 \r\nPRECEPT (Section 46) \r\n(Title) \r\nUPON hearing the decree­holder it is ordered that this precept be sent to the Court of \r\n  at   under section 46 of the Code of Civil Procedure, 1908, with \r\ndirections to attach the property specified in the annexed schedule and t o hold the same pending any \r\napplication which may be made by the decree­ holder for execution of the decree. \r\nDated the    day of     19 , \r\nJudge \r\n_______ \r\nNo. 3 \r\nORDER SENDING DECREE FOR EXECUTION TO ANOTHER COURT (O. 21, r. 6) \r\n(O.21, r.6) \r\n(Title) \r\n \r\nWHEREAS the decree­holder in the above suit has applied to this Court for a certificate to be sent   to \r\nthe Court         of at   execution of the decree in the above suit by the said \r\nCourt, alleging that the judgment­debtor resides or has property within the local limits of the \r\njurisdiction of the said Court, and it is deemed necessary and proper to send a certificate to the said \r\nCourt under Order XXI, rule 6, of the Code of Civil Procedure, 1908, it is \r\nOrdered : \r\nThat a copy of this order be sent to    with a copy of the decree and of \r\nany order which may have been made for execution of the  same  and a certificate of non­satisfaction. \r\nDated the     day of     19     . \r\nJudge \r\n_______ \r\nNo. 4 \r\nCERTIFICATE OF NON­SATISFICATION OF DECREE, (O. 21, r.6) \r\n(Title) \r\nCERTIFIED that no (1) satisfaction of the decree of this Court in Suit No.      of \r\n19    ,           a copy which is hereunto attached, has been obtained by execution within the jurisdiction \r\nof this Court. \r\n   \r\n \r\nPage 270 of 318 \r\n \r\n \r\nDated the    day of    19   . \r\nJudge \r\n(1) If partial, strike out \"no\" and state to what extent. \r\n_______ \r\nNO. 5 \r\nCERTIFICATE OF EXECUTION OF DECREE TRANSFERRED TO ANOTHER COURT \r\n(O. 21, r. 6) \r\n(Title) \r\n \r\nNumber of suit and \r\nthe Court by which \r\ndecree was passed. \r\nNames of parties. \r\nDate of application for \r\nexecution. \r\nNumber of the \r\nexecution case. \r\nProcess issued and \r\ndates of service \r\nthereof. \r\nCosts of execution. \r\nAmount realized. \r\nHow the case is \r\ndisposed of. \r\nRemarks. \r\n1 2 3 4 5 6 7 8 9 \r\n      \r\nRs. a.p \r\n \r\nRs. a.p. \r\n \r\n \r\n \r\n \r\n \r\n \r\n  \r\n \r\nSignature of Muharrir in charge.       Signature of Judge \r\n \r\n  \r\n   \r\n \r\nPage 271 of 318 \r\n \r\nNO. 6 \r\nAPPLICATION FOR EXECUTION OF DECREE. (0.21, r. 11) \r\nin the Court of        \r\nI    ,      decree­holder, hereby apply for execution of the decree herein below set forth:__ \r\n \r\nNo. of suit. \r\nNames of parties. \r\nDate of decree. \r\nWhether any appeal preferred from decree. \r\nPayment or adjustment made, if any. \r\nPrevious application, if any, with date and \r\nresult. \r\nAmount with interest duer upon the decree \r\nor other relief granted thereby together \r\nwith particulars of any cross decree. \r\nAmount of costs, if any, awarded. \r\nAgainst whom to be executed. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nMode in which the assistance of the Court is \r\nrequired. \r\n1 2 3 4 5 6 7 8 9 10 \r\n789 of 1897 \r\nA.B­ Plaintiff .. .. .. .. .. \r\nC.D­ Defendant .. .. .. .. .. \r\n.. \r\n.. \r\n.. \r\n.. \r\n \r\n.. \r\nOctober 11th, 1897 . . \r\nNo. \r\nNone \r\nRs. 72­4 recorded on application, dated the 4th March. 1899 \r\nRs. 314­8­2 principal [interest at 6 per cent per annum, from date of decree till \r\npayment]. \r\n        Rs. A.P. \r\nAs awarded in the decree  ..  .. .. 47  10  4 \r\nSubsequently incurred  ..  .. .. 8     2   0 \r\n       Total      \r\n  \r\nAgainst the defendant C.D. \r\n[When attachment and sale of  moveable property \r\nis sought] \r\nI pray that the total amount of  Rs. [together with \r\ninterest on  the principal sum up to date  of \r\npayment] and the costs of  taking out this \r\nexecution, be realized by attachment and sale of \r\ndefendant`s moveable  property as per annexed \r\nlist and paid to me. \r\n[When attachment and sale  of immoveable \r\nproperty is sought.] \r\nI pray that the total amount of  Rs. [together with \r\ninterest on  the principal sum  up to date  of \r\npayment] and the costs of  taking out this \r\nexecution be realized by the attachment and sale \r\nof defendant's immoveable property specified at \r\nthe foot of this application and paid to me. \r\n55  12  4 \r\n   \r\n \r\nPage 272 of 318 \r\n \r\nI     declare that what is stated herein is true to the best of my \r\nknowledge and belief.  \r\nSigned      ,  decree­holder. \r\nDated the    day of    19 , \r\nThe undivided one­third share of  the judgment­debtor in a house situated in the village of\r\n , value Rs. 40, and bounded as follows:__ \r\nEast by G’s house; west by H's house; south by public road; north by private land and J’s house. \r\nI   declare that what is stated in the above description is true to the best of \r\nmy knowledge and belief, and  so far as I have been able to ascertain the interest of the defendant in \r\nthe property therein specified. \r\nSigned     , decree­holder \r\n_______ \r\nNo.7 \r\nNOTICE TO SHOW CAUSE WHY EXECUTION SHOULD NOT ISSUE. 1[(0.21, r. 16)] \r\n(Title) \r\nTo  \r\nWHEREAS      has made application to this Court for  execution \r\nof decree in Suit No.   of 19 , on the allegation that the said decree has been transferred \r\nto him by assignment, this is to give you notice that you are to appear before this Court  on \r\nthe   day of   19   , to show cause why execution should not be \r\ngranted. \r\nGIVEN under  my hand and the seal of the  Court, this  day of   19. \r\nJudge \r\n_______ \r\nNo.8 \r\nWARRANT OF ATTACHMENT OF MOVEABLE PROPERTY IN EXECUTION OF A \r\nDECREE FOR MONEY (0.21, r. 30) \r\n(Title) \r\nTo \r\nThe Bailiff of the Court. \r\n \r\n1Subs. by the Repealing and Amending Act, 1914 (10 of 1914), s.2 and First Sch., for “(O.21, r.22)”.  \r\n   \r\n \r\nPage 273 of 318 \r\n \r\nWHEREAS   was ordered by Decree of this Court passed on the   day \r\nof   19  , in Suit No. of   19 , to pay to the plaintiff the sum of Rs.\r\n        as noted in the margin; and whereas the said sum of Rs.  has  not been paid; \r\nThese  are to command  you to attach the  moveable property of the said as set forth the  on the  \r\nschedule hereunto annexed, or which shall be pointed out to you by the said  , and unless \r\nthe said  shall pay to you the said sum of Rs. together with Rs.    , the costs \r\nof this attachment, to hold the same   until further orders from this Court. \r\n \r\n \r\n \r\n \r\n \r\n \r\nYou are further commanded to return this warrant on or before the   day of \r\n 19 , with an endorsement certifying the day on which and manner in which it has  been \r\nexecuted, or why it has not been executed. \r\nGIVEN under  my hand and the seal of the  Court, this  day of   19, \r\n   Schedule               Judge \r\n_______ \r\nNo.9 \r\nWARRANT FOR SEIZURE OF SPECIFIC MOVEABLE PROPERTY ADJUDGED BY \r\nDECREE. (0. 21, r. 31) \r\n(Title) \r\nTo \r\nThe Bailiff of the Court. \r\nWHEREAS   was ordered by decree of this Court passed on the  day \r\nof   19 , in Suit No.   of 19, to deliver to the plaintiff the \r\nmoveable property (or a   share in the moveable property) specified in the schedule \r\nhereunto annexed, and whereas the said property (or share) has not been delivered; \r\nThese are to command you to seize the said moveable property (or a  share of the \r\nsaid moveable property) and to deliver it to the plaintiff or to such person as he may appoint in his \r\nbehalf. \r\nGIVEN under  my hand and the seal of the  Court, this  day of  19     . \r\n                    Schedule                          Judge \r\nDecree    \r\nPrincipal .. \r\nInterest Cost.. \r\nCosts of execution \r\nFurther interest \r\nTotal \r\n   \r\n   \r\n   \r\n \r\nPage 274 of 318 \r\n \r\nNo.10 \r\nNOTICE TO STATE OBJECTlONS TO DRAFT OF DOCUMENT. (O. 21, r. 34) \r\n(Title) \r\nTo \r\nTAKE notice that on the   day of   19 ,    the \r\ndecree­holder in the above suit presented an appli­ cation to this Court that the  Court may execute on \r\nyour  behalf a deed of    , whereof a draft is hereunto annexed, of the immoveable  \r\nproperty specified  hereunder,  and that the   day of   19 , is appointed \r\nfor the hearing of the said application, and that you are at liberty to appear on the said day and to state \r\nin writing any objection to the said draft. \r\nDescription of Property \r\nGIVEN under  my hand and the seal of the  Court, this  day of   19 . \r\nJudge \r\n_______ \r\nNo. 11 \r\nWARRANT TO THE BAILIFF TO GIVE POSSESSION OF LAND, ETC. (O. 21, r. 35) \r\n(Title) \r\nTo \r\nThe Bailiff of the Court. \r\nWHEREAS the under mentioned property in the occupancy of       has been \r\ndecreed to  the plaintiff in this suit. You are hereby directed to put the said   in \r\npossession of the same, and you are hereby authorized to remove any person bound by the decree who \r\nmay refuse to vacate the same. \r\nGIVEN under  my hand and the seal of the  Court, this  day of   19. \r\nSchedule     Judge \r\n_______ \r\nNo. 12 \r\nNOTICE TO SHOW CAUSE WHY WARRANT OF ARREST SHOULD NOT ISSUE(O.21, r. 37) \r\n(Title) \r\nTo \r\nWHEREAS    has made application to this Court for execution of \r\ndecree in Suit No. of 19 , by arrest and imprisonment of your  person, you are hereby required to appear \r\n   \r\n \r\nPage 275 of 318 \r\n \r\nbefore this  Court on the          day of   19   , to show cause why you \r\nshould not be committed to 1[* *] prison in execution of the said decree. \r\nGIVEN under  my hand and the seal of the  Court, this  day of   19 , \r\nJudge \r\n_______ \r\nNo. 13 \r\nWARRANT OF ARREST IN EXECUTION. (O. 21, r. 38) \r\n(Title) \r\nTo \r\nThe Bailiff of the Court. \r\n WHEREAS   was adjudged by a decree of the Court in Suit No.          of \r\n19 , dated the day of  19 ,     to pay to the decree­holder the sum of Rs.  as noted in the \r\nmargin, and whereas the said sum of Rs.   has not been paid to the said \r\ndecree­holder in satisfaction  of the said decree; These are to command you to arrest the said  judgment­  \r\ndebtor and unless the said judgment­debtor shall pay to you the said sum of Rs.        together \r\nwith Rs.  for the costs of executing this process, to bring the said defendant befo re the \r\nCourt with all convenient speed. \r\nYou  are further commanded to return this warrant on or  before the day of . 19 , \r\nwith an endorsement certifying the day on which and manner in which it has been executed, or the \r\nreason why it has not been executed. \r\nGIVEN under my hand and the seal  of the Court, this  day of  19     . \r\nJudge \r\nDecree    \r\nPrincipal .. \r\nInterest .. \r\nCost .. \r\nExecution .. \r\n \r\n \r\nTotal \r\n   \r\n   \r\n_______ \r\n \r\n1Omitted by Act XIV of 1994, s. 11. \r\n  \r\n   \r\n \r\nPage 276 of 318 \r\n \r\nNo. 14 \r\nWARRANT OF COMMITTAL OF JUDGEMENT­DEBTOR TO JAIL. (O. 21 , r. 40) \r\n(Title) \r\nTo \r\nThe Officer in  charge of the Jail at . \r\nWHEREAS  who has been brought before this Court this day of  19 ,   under a \r\nwarrant in  execution of a decree which was made and pronounced by the said Court on the \r\n day of  19 , and by which decree it was ordered that the said should pay ; \r\nAnd whereas the said   has not obeyed the decree nor satisfied the Court that he is \r\nentitled to be discharged from custody; You are hereby 1[* * *] commanded and required to take \r\nand receive the said     into 2[**] prison and keep him imprisoned therein for a \r\nperiod not exceeding or until the said decree shall be fully satisfied, or the said shall be otherwise \r\nentitled to be released according to the terms and provisions of section 58 of the Code of Civ il \r\nProcedure, 1908 2[* * * * *]. \r\nGIVEN under my signature  add the seal of the Court, this  day of  19 . \r\nJudge \r\n_______ \r\nNo. 15 \r\nORDER FOR THE RELEASE OF A PERSON IMPRISONED IN EXECUTION OF A \r\nDECREE \r\n(Sections 58, 59)  \r\n(Title) \r\nTo \r\nThe Officer in charge of the Jail at \r\nUNDER orders passed this day, you are hereby directed to set free         \r\njudgment­debtor now in your custody. \r\nDated \r\nJudge \r\n________ \r\n \r\n1The word and “commas in the name of the King­Emperor of India,”have been omitted by A.O. 1961, Art.2 and Sch., (with effect from the 23rd March, \r\n1956). 2Omitted by Act XIV of 1994, s. 11. \r\n2Omitted by Act XIV of 1994, s.11. \r\n  \r\n   \r\n \r\nPage 277 of 318 \r\n \r\nNo. 16 \r\nATTACHMENT IN EXECUTION \r\nPROHIBITORY ORDER, WHERE THE PROPERTY TO BE ATTACHED CONSISTS OF \r\nMOVEABLE PROPERTY TO WHICH THE DEFENDANT IS ENTITLED SUBIECT TO A \r\nLIEN OR RIGHT OF SOME OTHER PERSON TO THE IMMEDIATE POSSESSION \r\nTHEREOF. (O. 21, r. 46) \r\n(Title) \r\nTo \r\nWHEREAS \r\nhas failed to satisfy a decree  passed against on the   day of   19     , in \r\nSuit No.  of 19     , in favour of for Rs.   ; It i s ordered that the defendant \r\nbe, and is hereby, prohibited and restrained until the further order of this Court, from receiving from  \r\nthe following property in the possession of the said    that is to say   ,to \r\nwhich the defendant is entitled, subject to any claim of the said   ,and the said \r\n  is hereby prohibited and restrained, until the further order of this Court, from delivering \r\nthe said property to any person or persons whomsoever. \r\nGIVEN under my hand and the seal of the Court,  this  day of   19 . \r\nJudge \r\n_______ \r\nNo. 17 ATTACHMENT IN EXECUTION \r\nPROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF DEBTS NOT \r\nSECURED BY NEGOTIABLE INSTRUMENTS. \r\n(O. 21, r. 46) \r\n(Title) \r\nTo \r\nWHEREAS \r\nhas failed to satisfy a decree passed against   on the    day of  19 , \r\nin Suit No.            of 19,  in favour of       for Rs.   ; It ordered \r\nthat the defendant be, and is hereby, prohibited and restrained, until the further order of this Court, \r\nfrom receiving from you a certain debt alleged now to be due from you to the said defendant, namely,\r\n   and that you, the said    , be, and you are hereby, \r\nprohibited and restrained, until the further order of this Court from making payment of the said debt, \r\nor any part thereof, to any person, whomsoever or otherwise than into this Court. \r\nGIVEN under  my hand and the seal of the  Court, this  day of  19 . \r\nJudge \r\n  \r\n   \r\n \r\nPage 278 of 318 \r\n \r\nNo. 18 \r\nATTACHMENT IN EXECUTION \r\nPROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF SHARES IN THE \r\nCAPITAL OF A CORPORATION. (O. 21, r. 46) \r\n(Title) \r\nTo \r\nDefendant and \r\nto   Secretary of    Corporation, \r\nWHEREAS    has failed to satisfy a decree passed against  on \r\nthe   day of   19    ,in Suit No.   of 19 , in favour of  , for \r\nRs.   It is ordered that you, the defendant, be, and you are hereby, prohibited and \r\nrestranied, until the further order  of this Court, from making any transfer of      shares in \r\nthe aforesaid Corporation, namely,    ,or  from receiving payment of any \r\ndividends thereon; and you,    ,the Secretary of the said Corporation, are hereby \r\nprohibited and restrained from permitting any such transfer or making any such payment. \r\nGIVEN under  my hand and the seal of the  Court, this  day of  19 . \r\nJudge \r\n_______ \r\nNo. 19 \r\nORDER TO ATTACH SALARY OF PIBLIC OFFICER OR SERVANT OF RAILWAY \r\nCOMPANY OR LOCAL AUTHORITY. (O. 21, r. 48) \r\n(Title) \r\nTO \r\nWHEREAS \r\nJudgment­debtor in the above­named case, is a ( describe office of judgment­debtor ) receivinig his \r\nsalary (or allowance) at  your hands; and whereas   , decree­ holder in the said case, \r\nhas applied in this Court for the attachment of the salary (or allowances) of the said     to \r\nthe extent of due to him under the decree;  You are hereby required to withhold the said sum of \r\n  from the salary of  the said  in monthly instalments of         ,and to \r\nremit the said sum (or monthly instalments) to this Court. \r\nGIVEN under my hand and the seal of the Court; this  day of  19 . \r\nJudge \r\n_______ \r\n   \r\n \r\nPage 279 of 318 \r\n \r\nNo. 20 \r\nORDER OF ATACHMENT OF NEGOTIABLE INSTRUMENT. (O. 21, r. 51 ) \r\n(Title) \r\nTo \r\n The Bailiff of the Court. \r\nWHERBAS  an order has been passed by this Court on the  day of  19 , for the \r\nattachment of ;You are hereby directed to seize the said  and bring the same into Court. \r\nGIVEN under my hand and the seal of the Court, this  day of  19      . \r\nJudge \r\n_______ \r\nNo. 21 \r\nATTACHMENT \r\nPROHIBITORY ORDER WHERE THE PROPERTY CONSISTS OF MONEY OR OF ANY \r\nSECURITY IN THE CUSTODY OF A COURT OF JUSTICE OR \r\n1[PUBLIC OFFICER]. (O. 21, r. 52) \r\n(Title) \r\nTo  \r\nSIR, \r\nThe plaintiff having applied, under rule 52 of Order XXI of the Code of Civil \r\nProcedure1908, for an attachment of certain money now in your hands ( here state how the money is \r\nsupposed to be in the hands of the person addressed on what account, etc.), I request that you will hold \r\nthe said money of subject to the further order of this Court \r\nI have the honour to be, \r\nSIR. \r\nYour most obedient Servant, \r\nJudge \r\nDated the    day of    19 . \r\n_______ \r\n \r\n1Subs. by A.O., 1937, for “officer of Government”. \r\n   \r\n \r\nPage 280 of 318 \r\n \r\nNo. 22 \r\nNOTICE  OF  ATTACHMENT  OF  A  DECREE  TO  THE  COURT  WHICH  PASSED  IT.  \r\n(O. 21, r. 53) \r\n(Title) \r\nTo \r\nThe Judge of the Court of SIR, \r\nI have the honour  to inform you that the decree obtained in your  Court on the  day \r\nof  19    , by in Suit No.   of   19      , in which he  was \r\n and was has been attached by this Court on the application of        the in the \r\nsuit specified above. You are therefore requested to stay the execution of the decree of your Court until \r\nyou receive an intimation from this Court that the present notice has been cancelled or until execution \r\nof the said decree is applied for by the holder of the decree now sought to b e executed or by his \r\njudgment­debtor. \r\nI have the  honour, etc., \r\nJudge \r\nDated the    day of    19 . \r\n_______ \r\nNo. 23 \r\nNOTICE OF ATTACHMENT OF A DECREE TO THE HOLDER OF THE \r\nDECREE. (O. 21, r. 53) \r\n(Title) \r\nTo \r\nWHEREAS an applitation has been made in this Court by t he decree­holder in the above suit \r\nfor the  attachment  of a decree obtained by you on               the day of  19          ,in \r\nthe  Court of in Suit No.  of  19     , in which            was and \r\n was   ; It is ordered that you,  the said   , be, and  you are \r\nhereby, prohibited and restrained, until the further order of this Court, from transferring or  charging \r\nthe same in any way. \r\nGIVEN under  my hand and the seal of the  Court, this  day of  19. \r\nJudge \r\n_______ \r\n  \r\n   \r\n \r\nPage 281 of 318 \r\n \r\nNo. 24 \r\nATTACHMENT IN EXECUTION \r\nPROHIBITORY ORDER WHERE THE PROPERTY CONSISTS OF IMMOVEABLE \r\nPROPERTY (O. 21, r. 54) \r\n(Title) \r\nTo \r\nDefendant. \r\nWHEREAS you have failed to satisfy a decree passed against you on the   day of  \r\n 19   , in Suit No.  of   19    , in favour of         for Rs.         ; It \r\nis ordered that you, the said         , be, and you are hereby, prohibited and restrained, until the \r\nfurther order of this Court, from transferring or charging the property specified in the schedule hereunto \r\nannexed, by sale, gift or otherwise, and t hat all person be, and that they are hereby, prohibited from \r\nreceiving the same by purchase, gift or otherwise. \r\nGIVEN under  my hand and the seal of the  Court, this  day of   19 . \r\nSchedule \r\nJudge \r\n_______ \r\nNo. 25 \r\nPLAINTIFF, ETC., OF MONEY, E.T.C. IN THE HANDS OF A THIRD PARTY. (O. 21, r. \r\n56) \r\n(Title) \r\nTo \r\nWHEREAS the following property has been attached in execution of a decree in Suit No. of\r\n 19 ,passed on the   day of  19      , in favour of  for Rs. \r\n ; it is ordered that the property so attached, consisting of Rs.  in  money and Rs.\r\n in currency­notes, or a sufficient part thereof to satisfy the said decree, shall be paid over by \r\nyou, the said       to . \r\nGIVEN under my hand and the seal of the Court, this  day of   19 . \r\nJudge \r\n_______ \r\n  \r\n   \r\n \r\nPage 282 of 318 \r\n \r\nNo. 26 \r\nNOTICE TO ATTACHING CREDITOR. (O. 21, r. 58) \r\n(Title) \r\nTo \r\nWHEREAS   has made application to this Court for the removal  of attachment \r\non   placed at your instance in execution of the decree in Suit  No.  of\r\n  19   , this is to give  you notice to appear before  this Court on , the  day of \r\n 19 , either in person or by a pleader of the Court duly instructed to support your claim, as \r\nattaching creditor. \r\nGIVEN under my hand and the seal of the Court, this  day of  19 . \r\nJudge \r\n_______ \r\nNo. 27 \r\nWARRANT OF SALE OF PROPERTY IN EXECUTION OF A DECREE FOR MONEY (O. \r\n21, r, 66) \r\n(Title) \r\nTo, \r\nThe Bailiff of the Court. \r\nTHESE  are  to command you to selI by auction, after giving  days  \r\n previous notice, by affixing the  same  in  this Court­house, and after making due proclamation, \r\nthe property attached under a warrant from this Court,  dated the   day of \r\n 19 ,in execution of a decree in favour of  in Suit No.  of 19  , or \r\nso much of the said property as shall realize the sum of Rs.  , being the  of the said \r\ndecree and costs still remaining unsatisfied. \r\nYou are  further commanded to return this warrant  on or before the  day of \r\n 19      , with an endorsement certifying the manner in which it has been executed, or the reason \r\nwhy it has not been executed. \r\nGIVEN under my hand and the seal of the Court, this  day of  19    . \r\nJudge \r\n_______ \r\nNo. 28. \r\nNOTICE OF THE DAY FIXED FOR SETTLING A SALE PROCLAMATION (O. 21, r. 66) \r\n(Title) \r\n   \r\n \r\nPage 283 of 318 \r\n \r\nTo \r\nthe decree Judgment­debtor \r\nWHEREAS in  the above­named suit   , holder, has applied for the sale of \r\n ; You are hereby informed   that the    day of  19 \r\nhas been fixed for settling the terms of the proclamation of sale. \r\nGIVEN under my hand and the seal of the Court, this  day of     19     . \r\n Judge \r\n_______ \r\nNo. 29 \r\nPROCLAMATION OF SALE, (O. 21, r. 66) \r\n(Title) \r\nNotice is hereby given that, under rule 64 of Order XXI of the Code of Civil Procedure, 1908, \r\nan order has  been passed by this  Court for  the  sale of (1) Suit  No.           of the \r\nattached property mentioned in the annexed 19   ,decided by the schedule, in satisfaction of the  claim \r\nof the  decree of in   which holder in the suit (1) mentioned in the margin was plaintiff and  \r\namounting with costs and interest up to date of was defendant sale to the sum of. \r\nThe sale will be by public auction, and the property will be put up for sale in the lots specified \r\nin the schedule. The sale will be of the property of the judgment­debtors above­named as mentioned \r\nin the schedule below ; and the  liabilities  and claims attaching to the said property, so far as they have \r\nbeen ascertained, are those specified in the schedule against each lot. \r\nIn the  absence of any order of postponement, the  sale will be  held by           at the \r\nmonthly sale commencing at    o'clock on the at  . In the event, however, of \r\nthe debt above specified and of the costs of sale being tendered or paid before the knocking down of \r\nany lot, the sale will be stopped. \r\nAt the sale the public generally are invited to bid, either personally or by duly authorised agent. \r\nNo bid by, or on behalf  of, the judgment­cr editors above­mentioned, however, will be accepted, nor \r\nwill any sale  to  them be valid  without  the express permission of the Court previously given. The \r\nfollowing are the further. \r\nConditions of Sale \r\n1. The particulars specified in the schedule below have been stated to the best of the information \r\nof the Court, but the Court will not be answerable for any error, mis­statement or omission in this \r\nproclamation. \r\n2. The amount by which the biddings are to be increased shall be determined by the officer \r\nconducting the sale. In the  event of any dispute arising as to the amount bid, or as to the bidder, the \r\nlot shall at once be again put up to auction. \r\n3. The highest bidder shall be declared to be the purchaser of any lot, provided always that he \r\nis legally qualified to bid, and provided that it shall be in the discretion of the Court or officer holding \r\n   \r\n \r\nPage 284 of 318 \r\n \r\nthe sale to decline acceptance of the highest bid when the price offered appears so clearly inadequate \r\nas to make it advisable to do so. \r\n4. For reasons recorded, it shall be in the discretion of the officer conducting the sale to adjourn \r\nit subject always to the provisions of rule 69 of Order XXI. \r\n5. In the case of moveable property, the price of each lot shall be paid at the time of sale or as \r\nsoon after as the officer holding the sale directs, and in default of payment the property shall forthwith \r\nbe again put up and re­sold. \r\n6. In the case of immoveable property, the person declared to be the purchaser shall pay \r\nimmediately after such declaraticn a deposit 25 pe r cent on the amount of his purchase­money to the  \r\nofficer  conducting the sale, and in default of such deposit the property shall forthwith be put up again \r\nand re­sold. \r\n7. The full amount of the purchase­money shall be paid by the  purchaser before  the  Court  \r\ncloses on the fifteenth day after the sale of the property, exclusive of such day, or if the fifteenth day \r\nbe a Sunday or other holiday, then on the first office day after the fifteenth day. \r\n8. In default of payment of the balance of purchase­money within the period allowed,  the \r\npropetty shall be re­sold after the issue of a fresh notification of sale. The deposit, after defraying the \r\nexpenses of the sale, may, if the Court thinks fit, be forfeited to Governrnent and the  defaulting  \r\npurchaser shall  forfeit all claim to the property or to any part of the sum for which it may  be  \r\nsubsquently sold. \r\nGIVEN under my hand and the seal of the Court, this  day of  19    . \r\nJudge \r\nSchedule of Property \r\n \r\nNo. of \r\nlot \r\n \r\n \r\nDescription of \r\nproperty to be sold, \r\nwith the name of each \r\nowner where there are \r\nmore judgment \r\ndebtors than one. \r\nThe revenue \r\nassessed upon the \r\nestate or part of \r\nthe estate if the \r\nproperty to be \r\nsold is an interest \r\nin an estate or a \r\npart of an estate \r\npaying revenue to \r\nGovernment. \r\nDetail of any \r\nincumbrances to \r\nwhich the \r\nproperty is liable. \r\nClaims, if any, which \r\nhave been put forward \r\nto the property and \r\nany other known \r\nparticulars bearing on \r\nits nature and value. \r\n     \r\n_______ \r\n  \r\n   \r\n \r\nPage 285 of 318 \r\n \r\nNo. 30 \r\nORDER ON THE NAZIR FOR CAUSING SERVICE OF PROCLAMATION OF SALE (O. \r\n21, r. 66) \r\n(Title) \r\nTo \r\nThe Nazir of the Court. \r\nWHEREAS an order has been made for the  sale  of the  property of the  judgment­debtor \r\nspecified  in  the  schedule  hereunder annexed, and whereas the  day of  19 , \r\nhas been fixed for the  sale  of   the  said property copies of the proclamation of sale are by this \r\nwarrant made over to you, and you are hereby ordered to have the proclamation published by beat of \r\ndrum within each of the properties specified in the said schedule, to affix a copy of the said \r\nproclamation on a conspicuous part of each of the  said  properties  and  afterwards on the Court­house, \r\nand then to submit to this Court a  report  showing the  dates on which  and the manner in which the \r\nproclamations have been published. \r\nDated the   day of   19     . \r\nSchedule \r\nJudge \r\n_______ \r\nNo. 31 \r\nCERTIFICATE BY OFFICER HOLDING A SALE OF THE DEFICIENCY OF PRICE ON A \r\nRE­SALE OF PROPERTY BY REASON OF THE PURCHASER'S DEFAULT. \r\n(O. 21, r.71) \r\n(Title) \r\nCertified that at the re­sale of the property in execution of the decree in the above­named suit, \r\nin consequence  of default  on the part of  , purchaser there was a deficiency the price of the \r\nsaid property amounting to Rs.         , and that the expenses attending such resale amounted to Rs.\r\n      , making  a total of Rs.  , which sum is recoverable from the defaulter. \r\nDated the   day of    19      . \r\nOfficer holding the sale \r\n_______ \r\n  \r\n   \r\n \r\nPage 286 of 318 \r\n \r\nNo. 32 \r\nNOTICE TO PERSON IN POSSESSION OF MOVEABLE PROPERTY SOLD IN \r\nEXECUTION (O, 21, r. 79) \r\n(Title) \r\nTo \r\nWHEREAS    has become the purchaser at a public sale in execution of \r\nthe decree in the above suit of                              now   in    your   possession,   you   \r\nare hereby  prohibited  from  delivering  possession  of   the  said          to any person \r\nexcept  the said . \r\nGIVEN under my hand and the seal of the Court, this  day of  19     . \r\nJudge \r\n_______ \r\nNo. 33 \r\nPROHIBITORY ORDER AGAINST PAYMENT OF DEBTS SOLD IN EXECUTING TO \r\nANY OTHER THAN THE PURCHASER. (O. 21, r. 79) \r\n(Title) \r\nTo     and to \r\nWHEREAS     has become the purchaser at a public sale in \r\nexecution of the decree in the above suit of \r\nbeing debts due  from you        to you \r\n; It is ordered that you      be, and you are hereby, prohibited  from  \r\nreciving, and you      from making payment of, the said debt to \r\nany person or persons except the said \r\nGIVEN under the hand and seal of the Court, this   day of  19     . \r\nJudge \r\n_______ \r\nNo. 34 \r\nPROHIBITORY ORDER AGAINST THE TRANSFER OF SHARE SOLD IN EXECUTION. \r\n(O.21, r. 79). \r\n(Title) \r\nTo       and        , Secretary of \r\nCorporation. \r\n   \r\n \r\nPage 287 of 318 \r\n \r\nWHEREAS        has become the purchaser \r\nat a public sale in execution of the decree, in the above suit, of certain shares in the above Corporation, \r\nthat is to say, of       standing in the name of you \r\n   ;It is ordered that you        be, \r\nand you hereby, prohibited from making any transfer of the said shares to any person except the said \r\nthe purchaser aforesaid, or from receiving any dividends thereon ; and you    \r\n , Secretary of the said Corporation from permitting any such transfer or making any such \r\npayment to  any person, except  the said                          the \r\npurchaser aforesaid. \r\nGIVEN under  my hand and the seal of the  Court, this  day of  19      . \r\nJudge \r\n_______ \r\nNo. 35 \r\nCERTIFICATE TO JUDGMENT­DEBTOR AUTHORISING HIM TO MORTGAGE, \r\nLEASE OR SELL PROPERTY, (O. 21, r.  83 ). \r\n(Title) \r\nWHEREAS in execution of the  decree passed in the  above suit an order was made on the\r\n day of      19 , for the sa1e of the under­mentioned property of \r\nthe judgment­debtor      ,and whereas the Court has, on the \r\napplication of the said judgment­debtor, postponed the said sale to enable him to raise the amount of \r\nthe decree by mortgage, lease or private sale of the said property or of some part thereof : \r\nThis is to certify that the Court doth hereby authorise the said judgment­debtor t o make the \r\nproposed mortgage,  lease or  sale within a period of     from the date of \r\nthis certificate ; provided that all monies payable under  such mortgage, lease or sale shall be paid into \r\nthis Court and not to the said judgment­debtor. \r\nDescription of property \r\nGIVEN under  my hand and the seal of the  Court, this   day of  19 . \r\nJudge \r\n_______ \r\nNo. 36 \r\nCAUSE WHY SALE SHOULD NOT BE SET ASIDE. (O. 21, rr. 90, 92 ) \r\n(Title) \r\n  \r\n   \r\n \r\nPage 288 of 318 \r\n \r\nTo \r\nWHEREAS  the  under­mentioned  property was sold on the  day of  19\r\n , in execution  of the decree passed in the above­named suit, and whereas      , \r\nthe decree­holder [ or judgment­debtor], has applied to this Court to set aside the sale of the said \r\nproperty on the ground of a material irregularity [or fraud] in publishing [or conducting]  the sale, \r\nnamely that \r\nTake notice that if you have any cause to show why the said application should not be granted \r\nyou should appear with your proofs in this Court on the        day of  19 , when the said\r\n application will be heard and determined. \r\nGIVEN under my hand and the seal of the Court, this  day of  19 . \r\nDescription of property \r\nJudge \r\n_______ \r\nNo. 37 \r\nNOTICE TO SHOW CAUSE WHY SALE SHOULD NOT BE SET ASIDE. \r\n(O 21, rr. 90, 92) \r\n(Title) \r\nTo \r\nWHEREAS   , the  purchaser of the  under­mentioned property sold on the\r\n  day of  19  , in execution of the decree passed in the above­named suit, has \r\napplied to this Court to set aside the sale of the said property on the ground that              ,the \r\njudgment­debtor, had no saleable interest therein: \r\nTake notice that if you have any cause to show why the  said application should not be granted, \r\nyou should appear with  your proofs in this Court on the           day of   19 ,when \r\nthe said application will be heard and determined. \r\nGIVEN under  my hand and the seal of the  Court, this  day of  19     . \r\nDescription of property \r\nJudge \r\n_______ \r\nNo. 38 \r\nCERTIFICATE OF SALE OF LAND. (O. 21, r. 94) \r\n(Title) \r\n  \r\n   \r\n \r\nPage 289 of 318 \r\n \r\nTHIS is to certify that    has been declared the purchaser at a sale by \r\npublic auction on the   day of   19 , of    in execution of \r\ndecree in this suit, and that the said sale has been­duly confirmed by this Court.  \r\nGIVEN under my hand and the seal of the Court, this  day of  19 , \r\nJudge \r\n_______ \r\nNo. 39 \r\nORDER FOR DELIVERY TO CERTIFIED PURCHASER OF LAND AT A SALE IN \r\nEXECUTION. (O. 21, r. 95) \r\n(Title) \r\nTo \r\nThe Bailiff of the Court. \r\nWHEREAS   has become the certified purchaser of   at a sale in \r\nexecution of decree in suit No.  of  19 ; You are hereby ordered to put  the \r\nsaid  ; the certified purchaser, as aforesaid, in possession of the same. \r\nGIVEN under  my hand and the seal of the  Court, this  day of  19 . \r\nJudge \r\n_______ \r\nNo. 40 \r\nSUMMONS TO APPEAR AND ANSWER CHARGE OF OBSTRUCTING EXECUTION OF \r\nDECREE. (O. 21, r. 97) \r\n(Title) \r\nTo \r\nWHEREAS                      , the \r\ndecree­holder in the above suit, has complained to this Court that you have resisted (or obstructed) the \r\nofficer charged  with the execution of the warrant for possession : \r\nYou are hereby summoned  to appear in this Court on the  day of           19 at\r\n A.M., to answer the said complaint. \r\nGIVEN under  my hand and the seal of the  Court, this  day of  19      . \r\nJudge \r\n_______ \r\n   \r\n \r\nPage 290 of 318 \r\n \r\nNo. 41 \r\nWARRANT OF COMMITAL. (O. 21, r.98) \r\n(Title) \r\nTo \r\nThe Officer in Charge of the Jail at \r\n \r\nWHEREAS   the under­mentioned property has been decreed to   ,the plaintiff in this \r\nsuit, and whereas the Court is satisfied that without any just cause  resisted  [or  obstructed]  and  is  \r\nstill  resisting [or  obstructing] the said   in obtaining possession  of\r\n  the  property, and  whereas the said   has made application to this Court \r\nthat the said       be committed to   1[* *]   prison; \r\nYou are hereby commanded and required to take and receive the said    into \r\n1[* *] prison and to keep him imprisoned therein for the period of days. \r\nGIVEN under  my hand and the seal of the  Court, this  day of        19      . \r\nJudge. \r\n_______ \r\nNo. 42 \r\nAUTHORITY OF THE COLLECTOR TO STAY PUBLIC SALE OF LAND, (Section 72) \r\n(Title) \r\nTo \r\n, Collector of      . \r\nSIR, \r\nIn answer to your communication No.     , dated \r\n representing that  the  sale  in execution of the  decree  in this  suit of  land situate \r\nwithin your district is objectionable, I have the honour to inform you that you are authorised to make \r\nprovision for the satisfaction of the said decree  in the manner recommended by you. \r\nI have the honour  to be \r\nSIR, \r\nYour obedient servant, \r\nJudge \r\n \r\n1Omitted by Act. XIV of 1994, s.11. \r\n   \r\n \r\nPage 291 of 318 \r\n \r\nAPPENDIX F  \r\nSUPPLEMENTAL PROCEEDINGS \r\n_______ \r\nNo.1 \r\nWARRANT OF ARREST BEFORE JUDGMENT (O. 38, r. 1) \r\n(Title) \r\nTo \r\nThe Bailiff of the Court. \r\nWHEREAS    , the plaintiff in the above  suit, claims the sum of Rs.\r\n  as noted in the margin,  and has proved to the satisfaction of the Court that there is \r\nprobable cause for believing that the defendant   is about to  ;These are \r\nto command you to demand and receive from the said  the sum of Rs.   as \r\nsufficient to satisfy the plaintiff's claim, and unless the said sum of Rs. is forth with delivered to \r\nyou by or on behalf of the said  to take the said  into custody, and to bring \r\nhim before this Court, in order that he may show cause why he should not furnish security to the \r\namount of Rs.   for his personal appearance before the Court, until such    time as the said suit shall be \r\nfully and finally disposed of, and until satisfaction of any decree that may be passed against him in the \r\nsuit. \r\nGIVEN under my hand and the seal of the Court, this  day of  19     . \r\nJudge. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n_______ \r\n  \r\n \r\nPrincipal    .. \r\nInterest      .. \r\nCosts       .. \r\n   \r\n   \r\nTotal      ..    \r\n   \r\n \r\nPage 292 of 318 \r\n \r\nNo.2 \r\nSECURITY FOR APPEARANCE OF A DEFENDANT ARRESTED BEFORE JUDGMENT \r\n(O. 38, r. 2) \r\n(Title) \r\nWHEREAS at the instance of    ,  the plaintiff  in  the above suit, \r\n  the defendant, has been arrested and brought before the Court ; \r\nAnd whereas on the failure  of the said  defendant to show cause why he should not furnish \r\nsecurity for his  appearance,  the Court  has ordered him to furnish such security : \r\nTherefore I     have voluntarily become surety and do hereby \r\nbind myself, my heirs  and executors,  to the said \r\nCourt, that the said defendant shall appear at any time when called upon whi le  the  suit  is pending \r\nand until satisfaction of any decree that may be passed against him in the said  suit;  and in  default  of \r\nsuch appearance I bind myself, my heirs and executors, to pay to the  said  Court, at  its order, any \r\nsome of money that may be adjudged against the said defendant in the said suit. \r\nWitness my hand at  this   day of   19    . \r\n(Signed) \r\nWitnesses  \r\n1. \r\n2. \r\n_______ \r\nNo.3 \r\nSUMMONS TO DEFENDANT TO APPEAR ON SURETY'S APPLICATION FOR \r\nDISCHARGE, (O. 38, r. 3) \r\n(Title) \r\nTo \r\nWHEREAS   , who became surety on the  day of  19 , for \r\nyour appearance in the above suit, has applied to this Court to be discharged from his obligation : \r\nYour are hereby summoned to appear in this Court in person on the          day of\r\n  19 ,at A.M., when the said application will be heard and determined. \r\nGIVEN under my hand and the seal of the Court, this  day of  19 . \r\nJudge \r\n_______ \r\n   \r\n \r\nPage 293 of 318 \r\n \r\nNo. 4 \r\nORDER FOR COMMITTAL. (O. 38, r. 4) \r\n(Title) \r\nTo \r\nWHEREAS   , plaintiff in this suit,  has  made  application to  the  Court  that  \r\nsecurity be  taken  for  the appearance of  , the defendant, to answer any judgment that may \r\nbe passed against him in the suit; and whereas the Court has called upon the defendant to furnish such \r\nsecurity, or to offer a sufficient deposit in lieu of security, which he has failed to do: it is ordered that \r\nthe said defendant   be committed to 1[**] prison until the decision of the suit or, if \r\njudgment be pronounced against him, until satisfaction of the decree. \r\nGIVEN under  my hand and the seal of the  Court, this  day of  19 . \r\nJudge \r\n________ \r\nNo.5 \r\nATTACHMENT BEFORE JUDGMENT, WITH ORDER TO CALL FOR SECURITY FOR \r\nFULFILMENT OF DECREE. (O. 38, r. 5) \r\n(Title) \r\nTo \r\nThe Bailiff of the Court. \r\nWHEREAS  has proved to the satisfaction of the Court that the defendant in the above \r\nsuit   ; \r\nThese are to command you to call upon the said defendant        on or before the          \r\nday of   19 either to furnish security for the sum of rupees   to produce \r\nand place at the  disposal of this  Court  when required  or the value  thereof, or such \r\nportion of the value as may be sufficient to satisfy any decree that may be passed against him ; or to \r\nappear and show cause why he should not furnish security ; and you are further ordered to attach the \r\nsaid    and keep the same under safe and secure custody until the further order \r\nof the Court; and you are further commanded to return this warrant on or before the  day \r\nof  19   with an endorsement certifying the date on which and the manner in which it has \r\nbeen executed or the  reason why it has  not been executed. \r\nGIVEN under  my hand and the seal of the  Court, this  day of  19    . \r\nJudge \r\n_______ \r\n \r\n1Ommitted by Act XIV of 1994, s.11. \r\n   \r\n \r\nPage 294 of 318 \r\n \r\nNo. 6 \r\nSECURITY FOR THE PRODUCTION OF PROPERTY. (O. 38, r.5) \r\n(Title) \r\nWHEREAS at the instance of , the  plaintiff in the above suit,  the defendant has been \r\ndirected by the Court to furnish security in the  sum of Rs.   to produce and place at the \r\ndisposal of the Court the property specified in the schedule hereunto annexed ; \r\nTherefore I   have voluntarily become surety and do hereby bind myself, my heirs \r\nand executors, to the said Court, that the said defendant shall produce and place at the disposal of the Court, \r\nwhen required, the property specified in the said schedule, or the value of the same, or such porti on thereof as \r\nmay be sufficient to satisfy the decree ; and in default of his so doing, I bind myself,  my heirs and executors, \r\nto pay to the  said Court, at its order,   the  said sum  of Rs. or such sum not exceeding the said sum as the \r\nsaid Court may adjudge. \r\nSchedule \r\nWitness my hand at   this   day of   19    . \r\n(Signed) \r\nWitnesses  \r\n1. \r\n2. \r\n_______ \r\nNo.7 \r\nATTACHMENT BEFORE JUDGMENT, ON PROOF OF FAILURE TO FURNISH SECURITY. \r\n(O. 38, r. 6) \r\n(Title) \r\nTo \r\nThe Bailiff of the Court. \r\nWHEREAS  , the plaintiff in this suit has applied to the Court to call upon , the defendant, \r\nto furnish security to fulfill any decree that may be passed against him in the suit, and whereas the Court has \r\ncalled upon the said    to furnish such security, which he has failed to do ; These are to \r\ncommand you to attach   , the property of the said    ,and keep the same under safe and secure \r\ncustody until the further order of the Court ; and you are further commanded to return this warrant on or before \r\nthe      day of  19   , with an endorsement certifying the date on which and the manner in which it has \r\nbeen executed, or the reason why it has not been executed. \r\n \r\nGIVEN under  my hand and the seal of the  Court, this  day of  19    . \r\nJudge \r\n   \r\n \r\nPage 295 of 318 \r\n \r\nNo. 8 \r\nTEMPORARY INJUCTIONS. (O, 39, r. 1) \r\n(Title) \r\nUpon motion made unto this Court by   , pleader  of [ or Counsel for] the \r\nplaintiff A.B., and upon reading the petition of the  said plaintiff in this matter  filed [this day] or  the \r\nplaint filed in this suit on the    day of            ,or the written \r\nstatement of the  said plaintiff filed on the        day of   ] and upon hearing \r\nthe evidence of    and     in support thereof [ if after \r\nnotice and defendant not appearing : add, and also the evidence of as to service of notice of this \r\nmotion upon the defendant C.D. ] : This Court doth order that an injuction be awarded to restrain the \r\ndefendant C.D., his servants, agents and workmen, from pulling down, or suffering to be pulled down, \r\nthe house in the plaint in the said suit of the plaintiff mentioned [or in the written statement, or petition, \r\nof the plaintiff and evidence at the hearing of this motion mentioned], being No.9, Oilmongers Street, \r\nHindupur, in the Taluk of     , and from selling the materials whereof \r\nthe said house is composed, until the hearing of this suit or until the  further order of this Court. \r\nDated this   day of    19    . \r\nJudge \r\n_______ \r\n[ Where  the injunction is sought to restrain the negotiation of a note or bill the ordering part \r\nof the order may run     thus :__ ] \r\nto restrain the defendants    and \r\nfrom parting without of the custody of them or any of them or endorsing, assigning or negotiating the \r\npromissory note [ or bill  of exchange]  in question,  dated  on or about the    , \r\netc., mentioned in the plaintiff's plaint [ or petition] and the e vidence heard at this motion until the \r\nhearing of this suit, or until the further order of this Court. \r\n[In Copyright cases]     to restrain the defendant C.D., his \r\nservants, agents or workmen, from printing, publishing or vending a book, called        , \r\nor any part thereof, until the, etc. \r\n[Where part only of a book is to be restrained] \r\nto restrain the defendant C. D., his servants, agents or workmen, from printing, \r\npublishing, selling or otherwise disposing  of such parts of the book in the plaint [or peti tion and \r\nevidence, etc ] mentioned to have been published by the defendant as hereinafter specified, namely, \r\nthat part of the said book which is entitled and also that part which is entitled    [or  which \r\nis contained in page          to page  both inclusive] until , etc. \r\n[In Patent cases]     to restrain the defendant CD., his agents, \r\nservants and workmen, from making or vending any perforated bricks [ or as the case may be ] upon \r\nthe principle of the inventions in the plaintiff's plaint [ or petition, etc., or  written  statement,  etc.,]  \r\nmentioned,  belonging to the plaintiff's or either of them, during the remainder of the respective terms \r\nof the patents   in the plaintiff's plaint [ or as the case may be ] mentioned, and from counterfeiting, \r\nimitating or  resembling the same inventions, or either of them, or making any addition thereto, or \r\n   \r\n \r\nPage 296 of 318 \r\n \r\nsubtraction therefrom, until the hearing, etc. \r\n[ In cases of Trademarks]     to restrain the defendant C.D.,  his \r\nservants, agents or workmen, from selling, or expo sing for sale, or procuring to be sold, any \r\ncomposition or blacking [ or as the case may be ] described as or purporting to  be  blacking  \r\nmanufactured by the plaintiff A.B., in bottles having affixed thereto such  labels as in  the  plaintiff's  \r\nplaint [or petition, etc.] mentioned, or any other labels so contrived or expressed as, by colourable \r\ninitation or otherwise, to represent the composition or blacking sold by the defendant to be the same \r\nas the composition or blacking manufactured and sold by the plaintiff A.B., and from using trade­cards \r\nso contrived or expressed as to represent that any composition or blacking sold or proposed to be sold  \r\nby  the defendant is the same as the composition or blacking manufactured or sold by the  plaintiff  \r\nA.B.,  until the, etc. \r\n[To restrain a partner from in any way interfering in the business]    \r\n  to restrain the defendant C.D., his agents and servants, from entering into any contract, \r\nand from accepting, drawing, endorsing or negotiating any bill of exchange, note or written security \r\nin  the  name  of the partnership­firm of B, and D., and from contracting any debt, buying and selling \r\nany goods, and from making or entering into any verbal or written promise, agreement or undertaking, \r\nand from doing, or causing to be done, any act, in the name or on the credit of the said partnership­firm \r\nof B. and D., or whereby the said partnership firm can or may in any manner become or be made liable \r\nto or for the payment of any sum of money,  or for the  performance  of any contr act, promise  or \r\nundertaking until  the, etc. \r\n________ \r\nNo. 1[9] \r\nAPPOINTMENT OF A RECEIVER. (O. 40, r. 1) \r\n(Title) \r\nTo \r\nWHEREAS    has been attached in execution of a decree passed in the \r\nabove suit on the           day of  19   , in  favour of  ; You are hereby (subject \r\nto your giving security to the satisfaction of the Court) appointed receiver of the said property under \r\nOrder XL of the Code of Civil Procedure, 1908, with full powers under the provisions of that Order. \r\nYou are required to render a due and  proper account of your receipts and disbursements in \r\nrespect of the said property on  . You will be entitled to remuneration at the rate of \r\n  per cent. upon your receipts under the authority of this appointment. \r\nGIVEN under  my hand and the seal of the  Court, this   day of  19    . \r\nJudge \r\n______ \r\n \r\n1The number of the form, originally misprinted as 6, was corrected by the Repealing and Amending act, 1914 (10 of 1914), s.2 and First Sch., \r\n  \r\n   \r\n \r\nPage 297 of 318 \r\n \r\nNo. 1[10] \r\nBOND TO BE GIVEN BY RECEIVER, (O. 40, r. 3) \r\n(Title) \r\nKNOW  [all men by these presents, that we,   and              and\r\n  , are jointly and severally bound    to of the Court of \r\n  in Rs.     to be paid to  the said or his successor in office for \r\nthe time being. For which payment to be made we bind ourselves, and each  of us, in the whole, our and \r\neach of our heirs, executors and administrators, jointly and severally, by these presents. \r\nDated this    day of      19    . \r\nWhereas  a plaint has  been filed in this Court by   against for   the \r\npurpose of [here insert the object of suit] : \r\nAnd whereas the said     has been appointed, by order of the \r\nabove­mentioned Court, to receive the rents and profits of the  immovable property and to get in the  \r\noutstanding moveable property of    in the said plaint named: \r\nNow  the  condition of this  obligation is such,  that if the above­bounden            shall \r\nduly account for all and every the sum and sums of money which he shall so receive on account of the rents \r\nand profits  of the  immovable  property,  and  in respect of the  moveable property,  of the said \r\n   at such periods as the said Court shall appoint, and shall duly pay the balances \r\nwhich shall from time to time be certified to be due from him as  the  said Court hath directed or  shall  \r\nhereafter direct, then this obligation shall be void, otherwise it shall remain in full force. \r\nSigned and delivered by the  above­bounden in the presence of   . \r\nNote.__ If deposit of money is made, the memorandum thereof should follow the terms of the \r\ncondition of the bound. \r\n_______ \r\nAPPENDIX G \r\nAPPEAL, REFERENCE AND REVIEW  \r\n_______ \r\nNo.1 \r\nMEMORANDUM OF APPEAL (O. 41, r.  I) \r\n(Title) \r\nThe       above­named appeals to \r\nthe    Court at    from the       decree \r\nof    in Suit No.    of 19 , dated the  day \r\nof        19 ,and  sets forth the following grounds of objection to the decree appealed from, \r\nnamely :__ \r\n \r\n1The number of the form, originally misprinted as 7, was corrected by the Repealing and Amending Act, 1914 (10 of 1914), s. 2 and First Sch., \r\n   \r\n \r\nPage 298 of 318 \r\n \r\nNo.2 \r\nSECURITY BOND TO BE GIVEN ON ORDER BEING MADE TO STAY EXECUTION OF \r\nDECREE. \r\n(O.41, r.  5) \r\n(Title) \r\nTo \r\nThis security bond on stay of execution of decree executed by  witnesseth:__ \r\nThat    , the plaintiff in Suit No.   of 19 , having sued\r\n     , the defendant, in this Court and a decree having been passed on the   day \r\nof 19      in favour  of the  plaintiff, and  the  deffendant having preferred an appeal  from the  said \r\ndecree in the    Court, the said appeal is still pending. \r\nNow the plaintiff decree­holder having applied to execute thc decree, the defend ant has made \r\nan application praying for stay of exection and has called upon to furnish security. Accordingly I, of \r\nmy own free will, stand security to the extent of Rs.     , mortgaging the \r\nproperties specified in thc schedule hereunto annexed, and  coven ant that if the  decree of the  first \r\nCourt be confirmed or varied by the Appellate Court the said defendant shall duly act in accordance \r\nwith  the  decree  of  the Appellate Court and shall pay whatever may be payable by him thereunder, \r\nand if he should fail therein then any amount so payable shall be realized from the properties hereby \r\nmortgaged, and if the proceeds of the sale of the said properties are insuficient to pay the amount due, \r\nI and my legal representatives will be personally liable to pay the  balance.    To this effect I execute \r\nthis seucrity bond, this    day of    19     . \r\nSchedule \r\n(Signed) \r\nWitnessed by  \r\n1. \r\n2. \r\n_______ \r\nNo. 3 \r\nSECURITY BOND TO BE GIVEN DURING THE PENDENCY OF APPEAL (O. 41, r.  6) \r\n(O.41, r.6) \r\n(Title) \r\nTo \r\nTHIS security bond on stay of execution of decree executed by Witnesseth :__ \r\n \r\n   \r\n \r\nPage 299 of 318 \r\n \r\nThat     , the plaintiff in  Suit No.          of 19 , \r\nhaving sued    ,the defendant, in  this Court and   a decree \r\nhaving been passed on the   day of   19 in favour of the plaintiff, and \r\nthe defendant having preferred an appeal from the said decree in the         Court, the said \r\nappeal is still pending. \r\nNow the plaintiff decree­holder has applied for execution of the said decree and has  been  \r\ncalled  upon  to  furnish  security. Accordingly I , of my own free will, stand security to the extent of \r\nRs.     , mortgaging the properties specified in the schedule hereunto  annexed, \r\nand covenant that if the decree of the first Court be reversed or varied by the Appellate Court, the \r\nplaintiff shall restore any property which may be or has been taken in execution of the said decree and \r\nshall duly act in accordance with the decree of the appellate Court and shall pay whatever may be \r\npayable by him thereunder,  and if  he should  fail therein then any amount so payable shall be  realized \r\nfrom the properties hereby mortgaged,  and if  the proceeds of the sale  of the said properties are \r\ninsufficient  to pay the amount  due, I and my legal representatives will be personally liable to pay the \r\nbalance. To this effect I execute this security bond this   day of    \r\n 19   . \r\nSchedule \r\n(Signed) \r\nWitnessed by  \r\n1. \r\n2. \r\n_______ \r\nNo. 4 \r\nSECURITY FOR COSTS OF APPEAL. (O. 41, r. 10) \r\n(Title) \r\nTo \r\nTHIS security bond for costs of appeal executed by witnesseth :__ \r\nThis appellant  has preferred an appeal from the decree  in  Suit No.            of 19    \r\n,against the respondent,  and has been called upon to furnish security.  Accordingly I, of my own free \r\nwill, stand security for the costs of the appeal, mortgaging the properties specifi ed  in the schedule \r\nhereunto annexed­I shall not transfer the said properties or any part thereof, and in the event of any \r\ndefault on the part of  the appellant, I shall duly carry out any order that may be made against me with \r\nregard to payment of the costs of appeal. Any amount so payable shall be realized from the properties \r\nhereby mortgaged, and if the proceeds of the sale of the said properties are  insufficient to pay the \r\namount due, I and my legal representatives will be personally liable to pay the balance.To this effect I \r\nexecute this security bond this   day of   19    . \r\n \r\n  \r\n   \r\n \r\nPage 300 of 318 \r\n \r\nSchedule \r\n(Signed) \r\nWitnessed by  \r\n1. \r\n2. \r\n_______ \r\nNo. 5 \r\nINTIMATION OF LOWER COURT OF ADMISSION OF APPEAL. (O. 41, r. 13) \r\n(Title) \r\nTo \r\nYou are hereby directed to take notice that   the            in the \r\nabove suit, has preferred an appeal to this Court from the decree passed by you therein on the \r\n  day of   19    . \r\nYou are requested to said with all practicable despatch all mataterial papers in the suit.  \r\nDated the  day of  19   . \r\nJudge \r\n_______ \r\nNo.6 \r\nNOTICE TO RESPONDENT OF THE DAY FIXED FOR THE HEARING OF THE APPEAL \r\n(O. 41, r. 14) \r\n(Title) \r\nAPPEAL from the   of the Court of   dated the  day \r\nof   19 . \r\nTo \r\nRespondent. \r\nTAKE notice that an appeal from the decree of   in this case has been \r\npresented by          and registered in this Court, and that the  day of   19 \r\nhas been fixed by this Court for the hearing of this appeal. \r\nIf no appearance is made on your behalf by yourself, your  pleader, or by some  one  by law \r\nauthorised to act for  you in this appeal, it will be heard and decided in your absence. \r\n   \r\n \r\nPage 301 of 318 \r\n \r\nGIVEN under my hand and the seal of the Court, this  day of  19     . \r\nJudge \r\n[Note.__ If a stay of execution has been ordered, intimation should be given of the fact on this \r\nnotice.] \r\n_______ \r\nNo.7 \r\nNOTICE TO A PARTY TO A SUIT NOT MADE A PARTY TO THE APPEAL BUT JOINED \r\nBY THE COURT AS A RESPONDENT. \r\n(O. 41, r, 20) \r\n(Title) \r\nTo \r\nWHEREAS you were a party in suit No.  of 19 ,  in the Court of           , and \r\nwhereas the    has preferred an appeal to this  Court from the decree passed \r\nagainst him in the said suit and it appears to this Court that  you are interested in the result of the said \r\nappeal : \r\nThis is to give you notice that this Court has directed you to be made a respondent in the  said \r\nappeal and has  adjourned  the hearing thereof till the  day of  19 , at       \r\nA.M. If no appearance is made on your behalf on the said day and at the said hour the appeal will be \r\nheard and decided in your absence. \r\nGIVEN under  my hand and the seat of the Court, this  day of  19     . \r\nJudge \r\n_______ \r\nNO. 8 \r\nMEMORANDUM OF CROSS OBJECTIONS. (O. 41, r. 22) \r\n(Title) \r\nWHEREAS the  has preferred an appeal to the Court at  from the \r\ndecree of  in Suit No.  of 19    ,dated the  day of 19 , and \r\nwhereas notice of the day fixed for  hearing the  appeal  was  served on the on the  day of \r\n  19. the   files this memorandum of cross objection under rule 22 of Order \r\nXLI of the Code of Civil Procedure, 1908, and sets forth the following grounds of objection to the \r\ndecree appealed from, namely :__ \r\n_______ \r\n  \r\n   \r\n \r\nPage 302 of 318 \r\n \r\nNo. 9 \r\nDECREE IN APPEAL. \r\n(O. 41, r. 35) \r\n(Title) \r\nAppeal No.  of 19  from the decree of the Court of      dated the\r\n  day of    19   . \r\nMemorandum of Appeal \r\nPlaintiff Defendant \r\nThe   above­named appeals to the   Court at  \r\n from the decree in the above suit­dated the   day of   19 , for the \r\nfollowing reasons, namely:__ \r\nThis  appeal coming on for hearing  on the   day of  19    , before ,in \r\nthe presence of for the appellant and of for the respondent, it is ordered__ \r\nThe  costs of this appeal, as detailed below, amounting to Rs.  ,are to be paid by\r\n  . The costs of the original suit are to be paid by \r\nGIVEN under my hand this    day of   19    . \r\nJudge \r\nCosts of Appeal \r\n \r\n \r\nAppellant \r\n \r\nAmount \r\n \r\nRespondent \r\n \r\nAmount \r\n \r\n \r\n1. Stamp for memorandum of \r\nappeal \r\n \r\n2. Do. for power                    .. \r\n \r\n3. Service of processes \r\n \r\n4. Pleader`s fee on Rs. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nTotal                      ..         \r\n  \r\nRs. a. p.  \r\n \r\nStamp for power \r\n \r\n \r\n \r\nDo. for petition Service \r\nof processes \r\n \r\n \r\nPleader`s fee on Rs. \r\n \r\n \r\n \r\n \r\n \r\nTotal .. \r\nRs. a. p. \r\n \r\n  \r\n   \r\n \r\nPage 303 of 318 \r\n \r\nNo. 10 \r\nAPPLICATION TO APPEAL in forma pauperis (O. 44, r. 1)  \r\n(Title) \r\nI   the           above­named, present the accompanying \r\nmemorandum of appeal from the decree in the above suit and apply to be allowed to appeal as a pauper. \r\nAnnexed is a full and true schedule of all the moveable and immoveable property belonging to \r\nme with the estimated value thereof. \r\nDated the    day of    19     . \r\n(Signed) \r\nNote.__ Where the application is by the plaintiff he should state whether he applied and was \r\nallowed to sue in the Court of first instance as a pauper. \r\n_______ \r\nNo. 11 \r\nNOTICE OF APPEAL in forma pauperis (O. 44, r. 1)  \r\n(Title) \r\nWHEREAS the above­named   has applied to be allowed to appeal  as  a  pauper  \r\nfrom the  decree  in  the  above  suit  dated  the    day of  19 and whereas the \r\n  day of   19 , has been fixed for hearing the application, notice is hereby \r\ngiven to you that if you desire to show cause why the appl icant should not be allowed to appeal as a \r\npauper an opportunity will be given to you of doing so on the afore­mentioned date. \r\nGIVEN under  my hand and the seal of the  Court, this  day of   19     . \r\nJudge \r\n_______ \r\nNo. 12 \r\nNOTICE TO SHOW CAUSE WHY A CERTIFICATE OF APPEAL TO THE 1[SUPREME \r\nCOURT] SHOULD NOT BE GRANTED.(O. 45, r. 3) \r\n(Title) \r\nTo \r\nTake notice that    has applied to this Court for a certificate that as \r\nregards amount or value and nature the above case fulfils the requirements of section 110 of the Code \r\nof Civil Procedure, 1908, or that it is otherwise a fit one for appeal to the 1[Supreme Court]. \r\n1Subs. by A.O., 1961, Art.2 and Sch., (with effect from the 23rd March, 1956). \r\n \r\n   \r\n \r\nPage 304 of 318 \r\n \r\nThe   day of   19 is fixed for you to show cause why the Court \r\nshould not grant the certificate asked for. \r\nGIVEN under  my hand and the seal of the  Court, this  day of  19 . \r\nRegistrar \r\n_______ \r\nNo. 13 \r\nNOTICE TO RESPONDENT OF ADMISSION OF APPEAL TO THE 1[SUPREME COURT] \r\n(O. 45, r. 8) \r\n(Title) \r\nTo \r\nWHEREAS        , the   \r\nin the above case, has furnished the security and made the deposit required by Order XLV, rule 7, of \r\nthe Code of Civil Procedure, 1908 : \r\nTake  notice  that  the  appeal  of the said   to the 1[Supreme Court] has been \r\nadmitted on the   day of    19   . \r\nGIVEN under  my hand and the seat of the Court, this  day of   19 . \r\nRegistrar \r\n_______ \r\nNo. 14 \r\nNOTICE TO SHOW CAUSE WHY A REVIEW SHOULD NOT BE GRANTED  \r\n(O. 47, r. 4) \r\n(Title) \r\nTo \r\nTAKE notice that  has applied to this Court for a review of its decree passed \r\n on the   day of   19 in the above case. The          day of\r\n        19 is fixed for you to show cause why the Court should not grant a review of its decree in \r\nthis case \r\nGIVEN under my hand and the seal of the Court, this               day of 19    . \r\nJudge \r\n \r\n1Subs. by A.O., 1961, Art.2 and Sch., (with effect from the 23rd March, 1956). \r\n \r\nAPPENDIX H \r\n   \r\n \r\nPage 305 of 318 \r\n \r\nMISCELLANEOUS \r\n_______ \r\nNo.1 \r\nAGREEMENT OF PARTIES AS TO ISSUES TO BE TRIED (O. 14, r. 6) \r\n(Title) \r\nWHEREAS we, the parties, in the above suit, are agreed as to the question of fact [ or of law] \r\nto be decided between us and the  point  at  issue  between us is  whether a  claim founded on a  bond, \r\ndated  the       day of   19 and filed as Exhibit      in \r\nthe said suit, is or is not beyond the statute of limitation ( or state the point at i ssue whatever  it may  \r\nbe) : \r\nWe therefore severally bind ourselves that, upon the finding of the Court in the negative [ or \r\naffirmative] of such issue, will pay to the said        the sum of Rs.    (or such suit as the Court \r\nshall hold to be due thereon, and I, the said      , will accept the said sum of Rs.        \r\n(or such as the Court shall hold to be due) in full satisfaction of my claim on the bond aforesaid [ or \r\nthat upon such finding I, the said ,                         will do or abstain from doing, etc., etc] \r\nPlaintiff  \r\nDefendant \r\nWitnesses__ \r\n1. \r\n2. \r\nDated the    day of    19 . \r\n_______ \r\nNo. 2 \r\nNOTICE OF APPLICATION FOR THE TRANSFER OF A SUIT TO ANOTHER COURT \r\nFOR TRIAL (SECTION 24) \r\nIn the Court of the District Judge of    No.        of \r\n19  \r\nTo \r\nWHEREAS an application, dated the         day                of   19 \r\nhas been made to this Court by    the                          in Suit No.   19\r\n  now pending in the Court of the   at ,   in \r\nwhich   is plaintiff and   is defendant, for the transfer of the suit for trial to \r\nthe Court of the     at \r\nYou are hereby informed that the   day of   19 has been fixed  \r\n  \r\n   \r\n \r\nPage 306 of 318 \r\n \r\nfor the hearing of the application, when you will be heard if you desire to offer any objection to it. \r\nGIVEN under  my hand and the seal of the  Court, this  day of  19 . \r\nJudge \r\n_______ \r\nNo. 3 \r\nNOTICE OF PAYMENT INTO COURT. (O. 24, r. 2) \r\n(Title) \r\nTAKE  notice that the defendant has  paid into Court Rs.   and says that that \r\nsum is sufficient to satisfy the plaintiff`s claim in full. \r\nX. Y., Pleader for the defendant. \r\nTo Z., Pleader for the plaintiff \r\n_______ \r\nNo.4 \r\nNOTICE TO SHOW CAUSE. (GENERAL FORM) \r\n(Title) \r\nTo, \r\nWHEREAS the above­named     has made application to this  Court \r\nthat      . \r\nYou are hereby warned to appear in this Court in person or by a pleader duly  instructed on the\r\n   day of   19 , at             o'clock in the \r\nforenoon, to show cause against the application, failing wherein, the said application will be heard and \r\ndetermined ex parte. \r\n GIVEN under  my hand and the seal of the  Court, this  day of   19 . \r\nJudge \r\n_______ \r\nNo.5 \r\n   LIST OF DOCUMENTS PRODUCED BY  PLAINTIFF       (O. 13, r.1) \r\nDEFENDANT  \r\n(Title) \r\n \r\n   \r\n \r\nPage 307 of 318 \r\n \r\nNo. Description of \r\ndocuments \r\nDate, if any, \r\nwhich the \r\ndocument bears \r\nSignature of party or \r\npleader \r\n1 2 3 4 \r\n    \r\n \r\n_______ \r\n \r\nNo.6 \r\nNOTICE TO PARTIES OF THE DAY FIXED FOR EXAMINATION OF A WITNESS \r\nABOUT TO LEAVE THE JURISDICTION. (O. 18, r. 16) \r\n(Title) \r\nTo \r\nPlaintiff (or defendant). \r\nWHEREAS in the above suit application has been made to the Court by   that  \r\nthe examination of   ,             a witness required by the said   , in \r\nthe said suit may be taken immediately ; and it has been shown to the Court's satisfaction that the said \r\nwitness is about to leave the Court's jurisdiction (or any other good and suffi­ cient cause to be stated): \r\nTAKE  notice  that  the  examination of the said witness   will be taken by \r\nthe Court on the   day of   19    . \r\nDated the    day of     19     . \r\nJudge \r\n_______ \r\nNo.7 \r\nCOMMISSION TO EXAMINE ABSENT WITNESS. (O. 26, rr. 4, 18) \r\n(Title) \r\n   \r\n \r\nPage 308 of 318 \r\n \r\nTo \r\nWHEREAS the evidence of    is required by the   in \r\nthe above suit ; and whereas     ; you are requested to take the evidence on \r\ninterrogatories [or viva voce] of such witness                    , and you are hereby appointed Commissioner \r\nfor that purpose. The evidence will be taken in the presence of the parties or their agents if in \r\nattendance, who will be at liberty to question the witness on the points specified, and you are further \r\nrequested to make  return of such evidence as soon as it may be taken. \r\nProcess to compel the attendance of the witness will be issued by any Court having jurisdiction \r\non your application. \r\nA sum of Rs.    , being your fee in the above, is herewith forwarded. \r\nGIVEN under  my hand and the seal of the  Court, this  day of        19      . \r\nJudge \r\n_______ \r\nNo.8 \r\nLETTER OF REQUEST (O. 26, r. 5) \r\n(Title) \r\n(Heading:__To the President and Judges of, etc., etc., or as the case may be) \r\nWHEREAS a suit is now  pending in the   in which A. B. is plaintiff and \r\nC.D. is defendant ; And the said suit the plaintiff claims. \r\nAnd whereas it has been represented to the said Court that it is necessary for the purposes of \r\njustice and for the due determination of the matters in dispute between the parties, that the following \r\npersons should be examined as witnesses upon oath touching such matters, that is to say : \r\nE. F., of \r\n                               G., H., of                                       and \r\nI. J., of \r\nAnd it appearing that such witnesses are resident within the jurisdiction of your honou rable \r\nCourt; \r\nNow I    , as the     of the said Court, have the \r\nhonour to request, and do hereby request, that for the reasons aforesaid and for the  assistance of the  \r\nsaid Court, you as the  President and Judges of the said    ,or some one or \r\nmore of you, will be pleased to summon the said witness (and such other witnesses as the agents of the \r\nsaid  plaintiff and defendant shall humbly request you in writing so to summon) to attend at such time \r\nand place as you shall appoint before some one or more of you or such other person as according to \r\nthe procedure of your Court is competent to take the examination of witnesses, and that you will cause \r\nsuch witnesses to be  examined  upon  the  interrogatories  which  accompany  this letter of request (or  \r\n  \r\n   \r\n \r\nPage 309 of 318 \r\n \r\nviva voce) touching the said matters in question in the presence of the agents of the plaintiff and \r\ndefendant, or such of them as shall, on due notice given, attend such examination. \r\nAnd I further have the honour to request that you will be pleased to cause the  answers of the said \r\nwitnesses to be reduced into writing, and all books, letters, papers and documents produced upon such \r\nexamination to be duly marked for identification, and that you will be further pleased to authenticate  such \r\nexamination by the seal of your tribunal, or in such other way as is in accordance with your procedure, and to \r\nreturn the same, together with such request in writing, if any, for the examination of other witnesses to the said \r\nCourt. \r\n(Note.__ If the request is directed to a Foreign Court, the words “through 1[the  2[Federal Government]] \r\nfor transmission” should be inserted after the words “other witnesses” in the last line  of  this form.) \r\n_______ \r\nNo. 9 \r\nCOMMISSION FOR A LOCAL INVESTIGATION, OR TO EXAMINE ACCOUNTS  \r\n(O. 26, rr. 9, 11) \r\n(Title) \r\nTo \r\nWHEREAS   it is deemed requisite, for the purposes of this suit, that a commission for \r\n    should be issued; You are hereby appointed Commissioner for the \r\npurpose of        Process to compel the attendance before \r\nyou of any witnesses, or for  the production of any documents whom or which you may desire to \r\nexamine or inspect, will be issued by any Court having jurisdiction on your application. \r\nA sum of Rs.    , being your fee in the above, is herewith forwarded. \r\nGIVEN under my hand and the seal the Court, this   day of   19 . \r\nJudge \r\n_______ \r\nNo. 10 \r\nCOMMISSION TO MAKE A PARTITION. (O. 26, r. 13) \r\n(Title) \r\nTo \r\nWHEREAS it is deemed requisite for the purposes of this suit that a commission shouId be \r\nissued to make the partition or separation of the  property spceified in  and according to the  rights as \r\ndeclared  in, the decree of this Court dated the            day of  19; you are here by \r\nappointed Commissioner for the said purpose and are directed to make such inquiry as may be \r\nnecessary, to divide the said  property according to the best of your skill and judgment  in  the shares  \r\n \r\n1Subs. by A.O., 1949. \r\n2Subs. by F.A.O., 1975, Art. 2 and Table. \r\n   \r\n \r\nPage 310 of 318 \r\n \r\nset out in  the said decree, and to  a lot such shares to the  several parties. You  are  hereby authorised \r\nto award sums  to be  paid to any  party by any other party for the purpose of equalizing the value of \r\nthe shares. \r\n \r\nprocess to compel the attendance before you of any witness, or for the production of any \r\ndocuments,  whom or which  you may  desire to examine or inspect, will be issued by any Court having \r\njurisdiction on your application. \r\nA sum of Rs.   , being your fee in the above, I herewith forwarded.  \r\nGIVEN under my hand and the seal  of the Court, this  day of  19 . \r\nJudge \r\n_______ \r\nNo. 11 \r\nNOTICE TO MINOR DEFENDANT AND GUARDIAN. (O. 32, r. 3) \r\n(Title) \r\nTo \r\nMinor Defendant. Natural Guardian. \r\nHere inset the name of the guardian \r\nWHEREAS an application has been presented on the part of the plaintiff in the above suit for \r\nthe appointment of a guardian  for the  suit to the minor defendant, you, the said minor, and you (1) \r\n  ,are hereby required to take notice that unless within                           days from the \r\nservice upon you of this notice, an application is  made to this Court for the appointment of you (1)\r\n    or of some friend of you, the minor, to act as guardian for the suit, the \r\nCourt will proceed to appoint some other person to act as a guardian to the minor for the purposes of \r\nthe said suit. \r\nGIVEN under my hand and the seal  of the Court, this  day of  19 . \r\nJudge \r\n_______ \r\nNo. 12 \r\nNOTICE TO OPPOSITE PARTY OF DAY FIXED FOR HEARING EVIDENCE OF \r\nPAUPERISM. (O. 33, r. 6) \r\n(Title) \r\nTo \r\nWHEREAS      has applied  to this Court for permission \r\nto institute a suit against         in  forma pauperis under Order XXXIII   of the Code of Civil \r\n   \r\n \r\nPage 311 of 318 \r\n \r\nProcedure, 1908; and whereas the Court sees no reason to reject the application; and whereas he  \r\n   day of    19 has been fixed for receiving such evidence as \r\nthe applicant may adduce in proof of his pauperism and for hearing any evidence which may be \r\nadduced in disproof thereof: \r\nNotice is hereby given to you under rule 6 of Order XXXIII that in case you may wish  \r\nto offer any evidence to disprove the  pauperism of the applicant,  you may do so on appearing \r\nin  this Court on the said    day of    19 \r\nGIVEN under my hand and the seal  of the Court, this   day of       19 . \r\nJudge \r\n_______ \r\nNo. 13 \r\nNOTICE TO SURETY OF HIS LIABILITY UNDER A DECREE \r\n(Section145) \r\n(Title) \r\nTo \r\nWHEREAS you   did on    become liable as surety for \r\nthe performance of any decree  which might  be  passed against the said          defendant \r\nin the above suit; and whereas a decree was passed on the            day of  \r\n 19 against the said defendant for the payment of   , and whereas application \r\nhas been made for execution of the said decree against you : \r\nTake notice that you are hereby required on or before the   day of     19    \r\nto show cause why the said decree should not be executed against  you, and if  no sufficient  cause  \r\nshall be,  within the time specified, shown to the satisfaction of the Court, an order for its execution \r\nwill be forthwith issued in the terms of the said application. \r\nGIVEN under my hand and the seal of the Court, this  day of  19 . \r\nJudge \r\n_______ \r\n  \r\n   \r\n \r\nPage 312 of 318 \r\n \r\n \r\n\r\n   \r\n \r\nPage 313 of 318 \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n  \r\n\r\n   \r\n \r\nPage 314 of 318 \r\n \r\nTHE SECOND SCHEDULE.__[Arbitration] Rep. by the Arbitration Act, 1940 (X of 1940), s.  \r\n49  and Third Schedule \r\n_______ \r\nTHE THIRD SCHEDULE \r\n(See section 69) \r\nEXECUTION OF DECREES BY COLLECTORS \r\n1. Powers of Collector. Where the execution of a decree has been transferred to the Collector \r\nunder section 68, he may__ \r\n(a) proceed as the Court would proceed when the sale of immoveable property is \r\npostponed in order to  enable the judgment­debtor to raise the amount of the \r\ndecree ; or \r\n(b) raise the amount of the decree by letting in perpetuity, or for a term on payment \r\nof a premium, or by mortgaging, the whole or any part of the property ordered \r\nto be sold ; or \r\n(c) sell the property ordered to be sold or so much thereof as may be necessary. \r\n2. Procedure of Collector in special cases. Where the execution of a decree, not being a decree \r\nordering the sale of immoveable property in pursuance of a contract specifically affecting the same, \r\nbut being a decree for the payment of money in satisfaction of which the Court has ordered the sale of \r\nimmoveable property, has been so transferred, the Collector, if, after such inquiry  as  he  thinks \r\nnecessary, he has reason to believe that all the liabilities of the judgment­debtor can be discharged \r\nwithout a sale of the whole of his available immoveable property, may proceed as hereinafter provided. \r\n3. Notice to be given to decree holders and to persons having claims on property.__ (1)  In  \r\nany  such case as is referred to in paragraph 2, the Collector shall publish a notice, allowing a period \r\nof sixty days from the date of its publication for compliance and calling upon__ \r\n(a) every person holding a decree for the payment of money against the  \r\njudgment­debtor  capable of execution by sale of his immoveable property and \r\nwhich such decree holder desires to have so executed, and every holder of a \r\ndecree for the payment of money in execution of which proceedings for the sale \r\nof such property  are  pending,  to  produce before the Collector a copy of the \r\ndecree, and a certificate from the Court which passed or    is executing the same, \r\ndeclaring the amount recoverable thereunder ; \r\n(b) every person having any claim on the said property to submit to the Collector a \r\nstatement of such claim, and to produce the documents (if any) by which it is \r\nevidenced. \r\n(2) Such notice shall be published by being affixed on a conspicuous part of the Court­house \r\nof the Court which made the original order for sale, and in such other places (if any) as the Collector \r\nthinks fit ; and where the address of any such decree­holder or claimant is known, a copy of the notice \r\nshall be sent to him by post or otherwise. \r\n  \r\n   \r\n \r\nPage 315 of 318 \r\n \r\n4. Amount of decrees for payment of money to be ascertained, and immoveable property \r\navailable for  their  satisfaction.__ (1) Upon the expiration of the said period, the Col lector shall \r\nappoint a day for hearing any representations which the judgment­debtor and the decree­holders or \r\nclaimants (if any) may desire to make, and for holding such inquiry as he may deem necessary for \r\ninforming himself as to the nature and extent of such decrees and claims and of the judgment­debtor's \r\nimmoveable property, and may, from time to time, adjourn such hearing and inquiry. \r\n(2) Where there is no dispute as to the fact or extent of the liability of the judgment­debtor to \r\nany     of the decree s or claims of which the Collector is informed, or as to the  relative  priorities of  \r\nsuch decrees or claims, or as to the liability of any such property for the  satisfaction  of such  decrees  \r\nor claims, the Collector shall draw up a statement, specifyi ng the amount to be  recovered  for  the  \r\ndischarge of such decrees, the order in which such decrees and claims are to be satisfied, and the \r\nimmoveable property available for that purpose. \r\n(3) Where any such dispute arises, the Collector shall refer the sa me, with a statement thereof \r\nand   his own opinion thereon, to the Court which made the original order for sale, and shall, pending \r\nthe reference, stay proceedings relating to the subject thereof. The Court shall dispose of the dispute if \r\nthe matter thereof is within its jurisdiction, or transmit the case to a competent Court for disposal, and \r\nthe  final decision shall be communicated to the Collector, who shall then draw up a statement as above \r\nprovided in accordance with such decision. \r\n5. Where District Court may issue notices and hold inquiry. The Collector may,  instead  of  \r\nhimself issuing the notices and holding the inquiry required by paragraphs 3 and 4, draw up a statement \r\nspecifying the circumstances of the judgment­debtor and of his immoveable property so far as they are \r\nknown to the Collector or appear in the records of his office, and forward such statement to the District \r\nCourt ; and such Court shall thereupon issue the notices, hold the inquiry and draw up the statement \r\nrequired by paragraphs 3 and 4 and transmit such statement to the Collector. \r\n6. Effect of decision of Court as to dispute. The decision by the Court of any dispute arising \r\nunder paragraph 4 or paragraph 5 shall, as between the parties thereto, have the force of and be \r\nappealable as a decree. \r\n7. Scheme for liquidation of decrees for payment of money. __ (1) Where the amount to be \r\nrecovered and the property available have been determined as provided in paragraph 4 or paragraph 5,  \r\nthe Collector may,__ \r\n(a) if it appears that the amount cannot be recovered without the sale of the whole \r\nof the property available, proceed to sell such property ; or \r\n(b) if it appears that the amount with interest (if any) in accordance with the decree, \r\nand, when not decreed, with interest (if any) at such rate as he thinks reasonable, \r\nmay be recovered without such sale, raise such amount and interes t \r\n(notwithstanding the original order for sale)__ \r\n(i) by letting in perpetuity or for a term, on payment of a premium, the \r\nwhole or any part of the said property ; or \r\n(ii) by mortgaging the whole or any part of such property ; or \r\n(iii) by selling part of such property ; or \r\n  \r\n   \r\n \r\nPage 316 of 318 \r\n \r\n(iv) by letting on farm, or managing by himself or another, the whole or any \r\npart of such property for any term not exceeding twenty years from the \r\ndate of the order of sale ; or \r\n(v) partly by one of such modes, and partly by another or  others of such \r\nmodes. \r\n(2) For the purpose of managing the whole or any part of such property, the Collector may \r\nexercise all the powers of its owner. \r\n(3) For the purpose of improving the saleable value of the property available or any part thereof, \r\nor rendering it more suitable for letting or managing,  or for preserving the property from  sale  in \r\nsatisfaction of an incumbrance, the Collector may discharge the claim of any incumbrancer which has \r\nbecome payable or compound the claim of any incumbrancer whether it has become  payable  or not,  \r\nand, for the purpose of providing funds to effect such discharge or composition, may mortgage,  let  or  \r\nsell any portion of the property which he deems sufficient. If any dispute arises as to the amount due \r\non any incumbrance with which the Collector proposes to deal under this clause, he may institute a \r\nsuit in the proper Court, either in his own name or the name of the judgment­debtor, to have an account \r\ntaken, or he may agree to refer such dispute to the decision of two arbitrators, one to be chosen by each \r\nparty, or of an umpire to be named by such arbitrators. \r\n(4) In proceeding under this paragraph the Collector shall be subject to such rules consistent \r\nwith this Act as may, from time to time, be made in this behalf by the 1[Provincial Government.] \r\n8. Recovery of balance (if any) after letting or management.  Where, on the expiration of \r\nthe letting or management under paragraph 7, the amount to be recovered has not been realized,  the \r\nCollector shall notify the fa ct in writing to the  judgment­debtor or his representative  in  interest, \r\nstating at the same time that, if the balance necessary to make up the said amount is not paid to the \r\nCollector within six weeks from the date of such notice, he will proceed to sel l the  whole  or a  \r\nsufficient part of  the said property ; and, if on the expiration of the said six weeks the said balance is \r\nnot so paid, the Collector shall sell such property or part accordingly. \r\n9. Collector to render accounts to Court.__ (1) The Collector shall, from time to time, render \r\nto the Court which made the original order for sale  an account of all monies which come to his hands \r\nand  of all charges incurred by him in the exercise and performance of the powers and duties conferred \r\nand imposed on him under the provisions of this schedule, and shall hold the balance at the disposal \r\nof the Court. \r\n(2) Such charges shall include all debts and liabilities from time to time due to 2[the \r\nGovernment] in respect of the property or any part thereof, the rent (if any) from time to time due to a \r\nsuperior holder in respect of such property or part, and, if the Collector so directs, the expenses of any \r\nwitnesses summoned by him. \r\n \r\n \r\n \r\n1Subs. by A.O., 1937. \r\n2The original words “the Government” were first subs. by A.O., 1937, and then amended by A.O., 1961, Art. 2 (with effect from the 23rd March, 1956), \r\nto read as above. \r\n  \r\n   \r\n \r\nPage 317 of 318 \r\n \r\n(3) The balance shall be applied by the Court__ \r\n(a) in providing for the maintenance of such members of the judgment­debtor's \r\nfamily (if any) as are entitled to be maintained out of the income of the property, \r\nto such amount in the case of each member as the Court thinks fit ; and \r\n(b) where the Collector has proceeded under paragraph 1, in satisfaction of the \r\noriginal decree   in execution of which the Court ordered the sale of immoveable \r\nproperty, or otherwise as the Court may under section 73 direct ; or \r\n(c) where the Collector has proceeded under paragraph 2,__ \r\n(i) in keeping down the interest on incumbrances on the property; \r\n(ii) where the judgment­debtor has no other sufficient means of subsistence, \r\nin providing for his subsistence to such amount as the Court thinks fit ; \r\nand \r\n(iii) in discharging rateably the claims of the original decree­holder and any \r\nother decree­ holders who have complied with the said notice, and \r\nwhose claims were included in the amount ordered to be recovered. \r\n(4) No other holder of a decree for the payment of money shall be entitled to be paid out of \r\nsuch property or balance until the decree­holders who have obtained suc h order have been satisfied, \r\nand the residue (if any) shall be paid to the judgment­debtor or such other person as the Court directs. \r\n10. Sales how to be conducted.  Where the  Collector sells any property under this schedule, \r\nhe  shall put it up to public auction in one or more lots, as he thinks fit, and may__ \r\n(a) fix a reasonable reserved price for each lot; \r\n(b) adjourn the sale for a reasonable time whenever, for reasons to be recorded, he \r\ndeems the adjournment necessary for the purpose of obtaining a fair price for \r\nthe property ; \r\n(c) buy in the property offered for sale, and re­sell the same by public auction or  \r\nprivate contract, as he thinks fit. \r\n11. Restrictions as to alienation by judgment debtor or his representative, and \r\nProsecution of remedies by decree­holders.__ (1) So long as the Collector can exercise or perform \r\nin respect of the  judgment­debtor's immoveable property, or any part thereof, any of the powers or \r\nduties conferred or imposed on him by paragraphs 1 to 10, the judgment­debtor or hi s representative \r\nin interest shall be incompetent to mortgage, charge, lease or alienate such property or part except with \r\nthe written permission of the Collector, nor shall any Civil Court issue any process against such \r\nproperty or part in execution of a decree for the payment of money. \r\n(2) During the same period no Civil Court shall issue any process of execution either against \r\nthe judgment­debtor or his property in respect of any decree for the satisfaction whereof provision has \r\nbeen made by the Collector under paragraph 7. \r\n(3) The same period shall be excluded in calculating the period of limitation applicable to the \r\nexecution of any decree affected by the provisions of this paragraph in respect of any remedy of which \r\nthe decree­holder has been temporarily deprived \r\n   \r\n \r\nPage 318 of 318 \r\n \r\n12. Provision where property is in several districts.  Where the property of which the sale \r\nhas been ordered is situate in more districts than one, the powers and duties conferred and imposed on \r\nthe Collector by paragraphs 1 to 10 shall be exercised and performed by such one of the Collectors of \r\nthe said districts as the 1[Provincial Government] may by general rule or special order direct. \r\n13. Powers of Collector to compel attendance and production.  In exercising the powers \r\nconferred on him by paragraphs 1 to 10 the Collector shall have the powers of a Civil Court to compel \r\nthe attendance of parties and witnesses and the production of documents. \r\nTHE  FOURTH SCHEDULE.__ [Enactments amended.] Omitted by the Federal Laws (Revision and \r\nDeclaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Second Schedule. \r\nTHE FIFTH SCHEDULE .__ [Enactments repealed.] Rep. by the Second Repealing and Amending  \r\nAct, 1914 (XVII of 1914), s. 3 and Second Schedule. \r\n_______ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nDate: 10-09-2024 \r\n1subs. by A.O., 1937.",
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