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  "title": "CODE OF CIVIL PROCEDURE ACT, 1908",
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  "text": "THE CODE OF CIVIL PROCEDURE, 1908 \r\n(V of 1908) \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 suit \r\n13. When foreign judgment not conclusive \r\n14. Presumption as to foreign judgment \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 \r\nCourts \r\n18. Place of institution of suit where local limits of jurisdiction, of Courts are \r\nuncertain \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 \r\narises \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 suits through plaint or otherwise \r\n26A. Written statement and proposed issues by the defendant  \r\n26B. Proposed issues by the plaintiff \r\n26C. Framing issues and filing of list of witnesses and recording of e vidence \r\n26D. Hearing of final arguments \r\nSUMMONS AND DISCOVERY \r\n27. Summons to defendant \r\n27A. Process of summons to be simultaneous \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\n34B. Interest etc., on dues of banking company \r\nCOSTS \r\n35. Costs \r\n35A. Compensatory costs in respect of false or vexatious claims or defences \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  \r\nMAY BE EXECUTED \r\n38. Courts by which decree may be executed \r\n39. Transfer of decree \r\n40. Transfer of decree to Court in another Province \r\n41. Result 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 \r\nPart does not extend or in foreign territory  \r\n44. Omitted \r\n44-A. Execution of decrees passed by Courts in the reciprocating territory \r\n45. Omitted \r\n46. Precepts \r\nQUESTIONS TO BE DETERMINED BY COURT EXECUTING \r\nDECREE \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\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 or 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 \r\nmoney \r\n57. Omitted \r\n58. Release form 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 dwelling-house \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 \r\non behalf of plaintiff \r\n67. Power for Provincial Government to make rules as to sales of land in \r\nexecution of decrees for payment of money \r\nDELEGATION TO COLLECTOR OF POWER TO EXECUTE \r\nDECREES AGAINST IMMOVEABLE PROPERTY \r\n68. Power to prescribe rules for transferring to Collector execution of \r\ncertain decrees \r\n69. Provisions of Third Schedule to apply \r\n70. Rules of procedure \r\nJurisdiction of Civil Courts barred \r\n71. Collector deemed to be acting judicially \r\n72. Where Court may authorize Collector to stay public sale of land \r\nDISTRIBUTION OF ASSETS \r\n73. Proceeds of execution sale to be rateably distributed among \r\ndecree­holders \r\nRESISTANCE TO EXECUTION \r\n74. Resistance to execution \r\nPART III \r\nINCIDENTAL PROCEEDINGS COMMISSIONS \r\n75. Power of Court to issue commissions \r\n76. Commission to another Court \r\n77. Letter of request \r\n78. Commissions issued by foreign Courts \r\nPART IV \r\nSUITS IN PARTICULAR CASES \r\nSUITS BY OR AGAINST THE GOVERNMENT \r\nOR PUBLIC OFFICERS IN THEIR OFFICIAL 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  \r\nFOREIGN RULERS, AMBASSADORS \r\nAND 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 \r\nRulers \r\n86. Repealed \r\n86A. Suits against diplomatic agents \r\n87. Repealed \r\n87A. Omitted \r\nINTERPLEADER \r\n88. Where interpleader-suit may be instituted \r\nPART V  \r\nSPECIAL PROCEEDINGS \r\nARBITRATION \r\n89. Repealed \r\n89-A. 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 \r\ninsufficient grounds \r\nPART VII  \r\nAPPEALS \r\nAPPEALS FROM ORIGINAL DECREES \r\n96. Appeal from final judgment or 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 \r\naffecting merits or jurisdiction \r\nAPPEALS FROM APPELLATE DECREES \r\n100. Omitted \r\n101. Omitted  \r\n102. Omitted  \r\n103. Omitted   \r\nAPPEALS FROM ORDERS \r\n104. Orders from which appeal lies \r\n105. Other orders \r\n106. What Courts to hear appeals \r\nGENERAL PROVISIONS RELATING \r\nTO 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\n \r\nPART IX \r\nSPECIAL PROVISIONS RELATING TO \r\nHIGH 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\n119. Unauthorized persons not to address Court \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 Rule 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 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 \r\nunder civil process \r\n136. Procedure where person to be arrested or property to be attached is \r\noutside 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 salvage, etc \r\n141. Proceedings regarding application for injunctions and other \r\nmiscellaneous applications and issues  \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. Savings of proceedings \r\nSCHEDULES \r\nThe First Schedule \r\nORDER I  \r\nParties to Suits \r\n1. Who may be joined as plaintiffs \r\n2. Power of Court to order separate trials \r\n3. Who may be joined as defendants \r\n4. Court may give judgement for or against one or more of joint parties \r\n5. Defendant need not be interested in all the relief claimed \r\n6. Joinder of parties liable on same contract \r\n7. When the plaintiff in doubt from whom redress is to be sought \r\n8. One person may sue or defend on behalf of all in same interest \r\n9. Misjoinder and non-joinder \r\n10. Suit in name of wrong plaintiff \r\n Court may strike out or add parties \r\n Where defendant added, plaint to be amended \r\n11. Conduct of suit \r\n12. Appearance of one of several plaintiffs or defendants for others \r\n13. Objections as to non-joinder or misjoinder \r\nORDER II  \r\nFrame of Suit \r\n1. Frame of suit \r\n2. Suit to include the whole claim \r\n Relinquishment of part of claim \r\n Omission to sue for one of several reliefs \r\n3. Joinder of causes of action \r\n4. Only certain claims to be joined for recovery of immoveable property \r\n5. Claims by or against executor, administrator or heir \r\n6. Power of Court to order separate trials \r\n6-A. Consolidation of suits \r\n7. Objections as to misjoinder \r\n8. \r\nORDER III  \r\nRecognized Agents and Pleaders \r\n1.  Appearances, etc., may be in person, by recognized agent or by \r\npleader \r\n2. Recognized agents \r\n3. Service of process on recognized agent \r\n4. Appointment of pleader \r\n5. Service of process on pleader \r\n6.  Agent to accept service \r\nAppointment to be in writing and to be filed in Court \r\nORDER IV  \r\nInstitution of Suits \r\n1. Courts to be numbered  \r\n2. Commencement of proceedings  in suit \r\n3. Register of suits \r\nORDER IV-A \r\nAdministrative Judges \r\n1. Administrative Judges \r\n2. \r\n3. \r\n4. \r\n5. \r\nORDER V \r\nIssue and Service of Summons  \r\nIssue of Summons \r\n1. Summons \r\n2. Copy or statement annexed to the summons \r\n3. Court may order defendant or plaintiff to appear in person \r\n4. No party be ordered to appear in person unless resident within certain \r\nlimits \r\n5. Summons to be either to settle issues or for final disposal \r\n6. Fixing day for appearance of defendant \r\n7. Summons to order defendant to produce documents relied on by him \r\n8. On issue of summons for final disposal, defendant to be directed \r\nto produce his witnesses \r\nService of Summons \r\n9. Delivery or transmission of summons  for service \r\n10. Mode of service \r\n10-A. Service by post \r\n11. Service on several defendants \r\n12. Service to be on defendant in person when practicable or on his agent  \r\n13. Service on agent by whom defendant carries on business \r\n14. Service on agent in charge in suits for immoveable property \r\n15. Where service may be on male member of defendant‟s family \r\n16. Person served to sign acknowledgement \r\n17. Procedure when defendant refuses to accept service, or cannot be \r\nfound \r\n18. Endorsement of time and manner of service \r\n19. Examination of serving officer \r\n20. Substituted service \r\nEffect of substituted service \r\nWhere service substituted, time for appearance to be fixed \r\n21. Service of summons where defendant resides within jurisdiction of \r\nanother Court \r\n22. Omitted \r\n23. Duty of Court to which summons is sent \r\n24. Service on defendant in prison \r\n25. Service where defendant resides out of Pakistan and has no agent \r\n26. Service in foreign territory through Political Agent or Court \r\n26A. Service on civil public officer or on servant of railway company or local \r\nauthority, in India \r\n27. Service on civil public officer or on servant of railway company or local \r\nauthority \r\n28. Service on soldiers, sailors or airmen \r\n29. Duty of person to whom summons is delivered or sent for service \r\n30. Substitution of letter for summons \r\nORDER VI  \r\nPleadings generally \r\n1. Pleading \r\n2. Pleading to state material facts and not evidence \r\n3. Forms of pleading \r\n4. Particulars to be given where necessary \r\n5. Further and better statement, or particulars \r\n6. Condition precedent \r\n7. Departure \r\n8. Denial of contract \r\n9. Effect of document to be stated \r\n10. Malice, knowledge, etc. \r\n11. Notice \r\n12. Implied contract, or relation \r\n13. Presumptions of law \r\n14. Pleading to be signed \r\n15. Verification of pleadings \r\n16. Striking out pleadings \r\n17. Amendment of pleadings \r\n18. Failure to amend after order \r\nORDER VII  \r\nPlaint \r\n1. Particulars to be contained in plaint \r\n2. In money suits \r\n3. Where the subject­matter of the suit is immoveable property \r\n4. When plaintiff sues as representative \r\n5. Defendant‟s interest and liability to be shown \r\n6. Grounds of exemption from limitation law \r\n7. Relief to be specifically stated \r\n8. Relief founded on separate grounds \r\n9. Procedure on admitting plaint \r\nConcise statements \r\n10. Return of plaint \r\nProcedure on returning plaint \r\n11. Rejection of plaint \r\n11-A. Separate application barred  \r\n12. Procedure on rejecting plaint \r\n13. Where rejection of plaint does not preclude presentation of fresh plaint \r\nDocuments relied on in plaint \r\n14. Production of document on which plaintiff sues \r\nList of other documents \r\n15. Statement in case of documents not in his possession or power \r\n16. Suits on lost negotiable instruments \r\n17. Production of shop­book \r\nOriginal entry to be marked and returned \r\n18. Inadmissibility of document not produced when plaint filed \r\n19. Address to be filed with plaint \r\n20. Nature of address to be filed \r\n21. Consequences of failure to file address \r\n21-A. Consequence of failure to annex copy etc. with the plaint \r\n22. Procedure when party not found at the place of address \r\n23. Service on pleader \r\n24. Change of address \r\n25. Service by other modes \r\n26. List of legal representatives of plaintiff \r\nORDER VIII \r\nWritten Statement and Set­off \r\n1. Written statement \r\n1-A. Presumption of admission of contents of plaint \r\n1-B. Additional copies of written statement and documents \r\n2. New facts must be specially pleaded \r\n3. Denial to be specific \r\n4. Evasive denial \r\n5. Specific denial \r\n6. Particulars of set­off to be given in written statement \r\nEffect of set­off \r\n7. Defence or set-off founded on separate grounds \r\n8. New ground of defence \r\n9. Subsequent pleadings \r\n10. Procedure when party fails to present written statement called for by \r\nCourt \r\n11. Address for service \r\n12. Consequences of failure to file address \r\n13. List of legal representatives of defendant \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 \r\nanswer \r\n2. Dismissal of suit where summons not served in consequence of \r\nplaintiff‟s failure to pay costs \r\n3. Where neither party appears, suit to be dismissed \r\n4. Plaintiff may bring fresh suit or Court may restore suit to file \r\n5. Dismissal of suit where plaintiff, after summons returned unserved, \r\nfails for three months to apply for fresh summons \r\n6. Procedure when only plaintiff appears \r\nWhen summons duly served \r\nWhen summons not duly served \r\nWhen summons served, but not in due time \r\n7. Procedure where defendant appears on day of adjourned hearing and \r\nassigns good cause for previous non­apperance \r\n8. Procedure where defendant only appears \r\n9. Decree against plaintiff by default bars fresh suit \r\n10. Procedure in case of non­attendance of one or more of several \r\nplaintiffs \r\n11. Procedure in case of non­attendance of one or more of several \r\ndefendants \r\n12. Consequence of non­attendance, without sufficient cause shown, of \r\nparty ordered to appear in person \r\nSetting aside Decrees ex parte \r\n13. Setting aside decree ex parte against defendant \r\n14. No decree to be set aside without notice to opposite party \r\nORDER IX - A \r\nIntermediate Dates \r\n1. Fixation of Intermediate date \r\n2. Case management questionnaire  \r\nORDER IX - B \r\nAlternate Dispute Resolution  \r\n1. Reference to mediation  \r\n2.  Appearance of parties \r\n3.  Settlement  \r\n4.  Failure of mediation  \r\nORDER X \r\nExamination of Parties by the Court \r\n1. Ascertainment whether allegations in pleadings are admitted or denied \r\n1A. \r\n2. Oral examination of party or companion of party \r\n3. Substance of examination to be written \r\n4. Consequence of refusal or inability of pleader to answer \r\nORDER XI  \r\nDiscovery and Inspection  \r\n1. Discoveries by interrogatories \r\n2. Communication of interrogatories \r\n3. Costs of interrogatories  \r\n4. Form of interrogatories \r\n5. Corporations \r\n6. Objections to interrogatories by answer \r\n7. Setting aside and striking out interrogatories \r\n8. Affidavit \r\n9. Form of affidavit in answer \r\n10. No exception to be taken \r\n11. Order to answer or answer further \r\n12. Application for discovery of documents \r\n13. Affidavit of documents \r\n14. Production of documents \r\n15. Inspection of documents referred to in pleadings or affidavits \r\n16. Notice to produce \r\n17. Time for inspection when notice given \r\n18. Order for inspection \r\n19. Verified copies \r\n20. Premature discovery \r\n21. Non­compliance with order for discovery \r\n22. Using answers to interrogatories at trial \r\n23. Order to apply to minors \r\nORDER XII  \r\nAdmissions  \r\n1. Admission of case \r\n2. Admission of documents \r\n3. Form of notice \r\n4. Notice to admit facts \r\n4-A. Power of Court to record admission of documents and facts \r\n5. Form of admissions \r\n6. Judgment on admissions \r\n7. Affidavit of signature \r\n8. Notice to produce documents \r\n9. Costs \r\nORDER XIII \r\nProduction, Impounding and  \r\nReturn of Documents  \r\n1. Documentary evidence to be produced at first hearing \r\n2. Effect of non­production of documents \r\n3. Rejection of irrelevant or inadmissible documents \r\n4. Endorsements on documents admitted in evidence \r\n5. Endorsements on copies of admitted entries in books, accounts and \r\nrecords \r\n6. Endorsements on documents rejected as inadmissible in evidence \r\n7. Recording of admitted and return of rejected documents \r\n8. Court may order any document to be impounded \r\n9. Return of admitted documents \r\n10. Court may send for papers from its own records or from other Courts \r\n11. Provisions as to documents applied to material objects \r\nORDER XIV \r\nSettlement of Issues and Determination  \r\nof Suit on Issues of Law or o n \r\nIssues agreed upon  \r\n1. Framing of issues \r\n2. Issues of law and of fact \r\n3. Materials from which issues may be framed \r\n4. Court may examine witnesses or documents before framing issues \r\n5. Power to amend, and strike out, issues \r\n6. Questions of fact or law may by agreement be stated in form of issues \r\n7. Court, if satisfied that agreement was executed in good faith, may \r\npronounce judgment \r\nORDER XV \r\nDisposal of the Suit at the first hearing  \r\n1. Parties not at issue \r\n2. One of several defendants not at issue \r\n3. Parties at issue \r\n4. Failure to produce evidence \r\nORDER XVI \r\nSummoning and Attendance of Witnesses  \r\n1. Summons to attend to give evidence or produce documents \r\n2. Expenses of witness to be paid into Court on applying for summons \r\nExperts \r\nScale of expenses \r\n3. Tender of expenses to witness \r\n4. Procedure where insufficient sum paid in \r\nExpenses of witnesses detained more than one day \r\n5. Time, place and purpose of attendance to be specified in summons \r\n6. Summons to produce document \r\n7. Power to require persons present in Court to give evidence or produce \r\ndocument \r\n7A. Service of summons by parties \r\n8. Service of summons by Court \r\n9. Time for serving summons \r\n10. Procedure where witness fails to comply with summons \r\n11. If witness appears, attachment may be withdrawn \r\n12. Procedure if witness fails to appear \r\n13. Mode of attachment \r\n14. Court may of its own accord summon as witnesses  strangers to suit \r\n14A. Expenses of the witnesses summoned by the Court of its own motion  \r\n15. Duty of persons summoned to give evidence or produce document \r\n16. When they may depart \r\n17.  Application of rules 10 to 13 \r\n18. Procedure where witness apprehended cannot give evidence or \r\nproduce document \r\n19. No witness to be ordered to attend in person unless resident within \r\ncertain limits \r\n20. Consequence of refusal of party to give evidence when called on by \r\nCourt \r\n21. Rules as to witnesses to apply to parties summoned \r\nORDER XVII  \r\nAdjournments  \r\n1. Court may grant time and adjourn hearing \r\nCosts of adjournment \r\n2. Procedure if parties fail to appear on day fixed \r\n3. Court may  proceed notwithstanding either party fails to produce \r\nevidence, etc. \r\n4.  Appearance of parties on the day next after holiday \r\n5.  Appearance of parties on the day when the presiding officer is absent \r\nORDER XVIII \r\nHearing of the Suit and Examination of Witnesses  \r\n1. Right to begin \r\n2. Statement and production of evidence \r\n3. Evidence where several issues \r\n4. Witnesses to be examined in open Court \r\n5. How evidence shall be taken in appealable cases \r\n6. When deposition to be interpreted \r\n7. Evidence under section 138 \r\n8. Memorandum  when evidence not taken down by judge \r\n9. When evidence may be taken in English \r\n10. Any particular question and answer may be taken down \r\n11. Questions objected to and allowed by Court \r\n12. Remarks on demeanour of witnesses \r\n13. Memorandum of evidence in unappealable cases \r\n14. Deleted \r\n15. Power to deal with evidence taken before another Judge \r\n16. Power to examine witness immediately \r\n17. Court may recall and examine witness \r\n18. Power of Court to inspect \r\nORDER XIX  \r\nAffidavits \r\n1. Power to order any point to be proved by affidavit \r\n2. Power to order attendance of deponent for cross­examination \r\n3. Matters to which affidavit shall be confined \r\nORDER XX  \r\nJudgment and Decree  \r\n1. Judgment when pronounced \r\n2. Power to pronounce judgment written by judge‟s predecessor \r\n3. Judgment to be signed \r\n4. Judgments  of Small Cause Courts \r\nJudgments of other Courts \r\n5. Court to state its decision on each issue \r\n6. Contents of decree \r\n7. Date of decree \r\n8. Procedure where Judge has vacated office before signing decree \r\n9. Decree for recovery of immoveable  property \r\n10. Decree for delivery of moveable property \r\n11. Decree may direct payment by instalments  \r\nOrder, after decree, for payment by instalments \r\n12. Decree for possession and mesne profits \r\n13. Decree in administration -suit \r\n14. Decree in pre­emption-suit \r\n15. Decree in suit for dissolution of partnership \r\n16. Decree in suit for account between principal and agent \r\n17. Special directions as to accounts \r\n18. Decree in suit for partition of property or separate possession of a \r\nshare therein \r\n19. Decree when set­off is allowed \r\nAppeal from decree relating to set-off \r\n20. Certified copies of judgment and decree \r\nORDER XXI \r\nExecution of Decrees and Orders  \r\nPayment under Decree  \r\n1. Modes of paying money under decree \r\n2. Payment out of Court to decree­holder \r\nCourts executing Decrees \r\n3. Lands situate in more than one jurisdiction \r\n4. Omitted \r\n5. Mode of transfer \r\n6. Procedure where Court desires that its own decree shall be executed \r\nby another Court \r\n7. Court receiving copies of decree, etc., to file same without proof \r\n8. Execution of decree or order by Court to which it is sent \r\n9. Execution by High Court of decree transferred by other Court \r\nApplication for execution \r\n10. Execution of a decree \r\n11. Attachment  \r\n12. Application for attachment of moveable property not in judgment- \r\ndebtor‟s possession \r\n13. Application for attachment of immoveable  property to contain certain  \r\nparticulars \r\n14. Power to require certified extract from Collector‟s register in certain \r\ncases \r\n15. Application for execution by joint decree­holder \r\n16. Application for execution by transferee of decree \r\n17. Omitted  \r\n18. Execution in case of cross­decrees \r\n19. Execution in case of cross­claims under same decree \r\n20. Cross­decrees and cross­claims in mortgage suits \r\n21. Simultaneous execution \r\n22. Notice to show cause against execution in certain cases \r\n23. Omitted \r\nObjection to Execution \r\n23-A. Deposit of decretal amount, etc \r\nProcess for execution \r\n24. Process for execution \r\n25. Endorsement on process \r\nStay of execution \r\n26. When Court may stay execution \r\nOmitted \r\n27. Liability of judgment­debtor discharged \r\n28. Order of Court which passed decree or of appellate Court to be binding \r\nupon Court applied to \r\n29. Omitted \r\n29A. Omitted \r\nMode of execution \r\n30. Decree for payment of money \r\n31. Decree for specific moveable property \r\n32. Decree for specific performance, for restitution of conjugal rights, or \r\nfor an injunction \r\n33. Omitted \r\n34. Decree for execution of document, or endorsement of negotiable \r\ninstrument \r\n35. Decree for immoveable property \r\n36. Decree for delivery of immoveable property when in occupancy of \r\ntenant \r\nArrest and detention in prison \r\n37. Discretionary power to allow judgment­debtor an opportunity to show \r\ngood cause against detention in prison  \r\n38. Warrant for arrest to direct judgment­debtor to be brought up \r\n39. Omitted  \r\n40. Proceedings on appearance of judgment­debtor in obedience to notice \r\nor after arrest \r\nAttachment of property \r\n41. Examination of judgment­debtor as to his property \r\n42. Attachment in case of decree for rent or mesne profits or other \r\nmatter, amount of which to be subsequently determined \r\n43. Attachment of moveable property, other than agricultural produce, in \r\npossession of the judgment­debtor \r\n43-A. \r\n43-B. \r\n43-C. \r\n43-D. \r\n44. Attachment of agricultural produce \r\n45. Provisions as to agricultural produce under attachment \r\n46. Attachment of debt, share and other property not in possession of \r\njudgment-debtor \r\n47. Attachment of share in moveables \r\n48. Attachment of salary or allowances of public officer or servant of \r\nrailway company or local authority \r\n49. Attachment of partnership property \r\n50. Execution of decree against firm \r\n51. Attachment of negotiable instruments \r\n52. Attachment of property in custody of Court or public officer \r\n53. Attachment of decrees \r\n54. Attachment of immoveable property \r\n55. Removal of attachment after satisfaction of decree \r\n56. Order for payment of coin or currency notes to party entitled under \r\ndecree \r\n57. Determination of attachment \r\nInvestigation of claims and objections \r\n58. Investigation of claims to, and objections to attachment of, attached \r\nproperty \r\nPostponement of sale \r\n59. Evidence to be adduced by claimant \r\n60. Release of property from attachment \r\n61. Continuance of attachment subject to claim of encumbrancer \r\n62. Questions relating to rights, etc., of claimant in attached property to \r\nbe decided by Court \r\n63. Omitted \r\n63-A. Deleted \r\nSale generally \r\n64. Power to order property attached to be sold and proceeds to be paid \r\nto person entitled \r\n65. Sales by whom conducted and how made \r\n66. Proclamation of sales by public auction \r\n67. Mode of making proclamation \r\n68. Time of sale \r\n69. Adjournment or stoppage of sale \r\n70. Omitted  \r\n71. Defaulting purchaser answerable for loss on re­sale \r\n72. Decree­holder not to bid for or buy property without permission \r\n Where decree­holder purchases, amount of decree may be taken as \r\npayment  \r\n73. Restrictions on binding or purchase by officers \r\nSale of moveable property \r\n74. Sale of agricultural produce \r\n75. Special provisions relating to growing crops \r\n76. Negotiable instruments and shares in corporations \r\n77. Sale by public auction \r\n78. Omitted  \r\n79. Delivery of moveable property, debts and shares \r\n80. Transfer of negotiable instruments and shares \r\n81. Vesting order in case of other property \r\nSale of immoveable property \r\n82. What Courts may order sales \r\n83. Postponement of sale to enable judgment-debtor to raise amount of \r\ndecree \r\n84. Deposit by purchaser and re-sale on default \r\n85. Time for payment in full of purchase­money \r\n86. Procedure in default of payment \r\n87. Notification on re­sale \r\n88. Bid of co­sharer to have preference \r\n89. Application to set aside sale on deposit \r\n90. Application to set aside sale on ground of irregularity or fraud \r\n91. Application by purchaser to set aside sale on ground of judgment- \r\ndebtor having no saleable interest \r\n92. Sale when to become absolute or be set aside \r\n93. Return of purchase­money in certain cases \r\n94. Certificate to purchaser \r\n95. Delivery of property in occupancy of judgment­debtor \r\n96. Delivery of property in occupancy of tenant \r\nResistance to delivery of possession to decree­holder or \r\npurchaser \r\n97. Resistance or obstruction to possession of immovable property \r\n98. Resistance or obstruction by judgment-debtor \r\n99. Resistance or obstruction by bona fide claimant \r\n100. Dispossession by decree­holder or purchaser \r\n101. Bona fide claimant to be restored to possession \r\n102. Rules not applicable to transferee lite pendente \r\n103. Certain orders conclusive and suit barred \r\n104. \r\nORDER XXII \r\nDeath, Marriage and Insolvency of Parties \r\n1. No abatement by party‟s death, if right to sue survives \r\n2. Procedure where one of several plaintiffs or defendants dies and right \r\nto sue survives \r\n3. Procedure in case of death of one of several plaintiffs or of sole \r\nplaintiff \r\n4. Procedure in case of death of one of several defendants or of sole \r\ndefendant \r\n5. Determination of question as to legal representative \r\n6. No abatement by reason of death after hearing \r\n7. Suit not abated by marriage of female party \r\n8. When plaintiff‟s insolvency bars suit \r\nProcedure where assignee fails to continue suit or give security \r\n9. Effect of dismissal \r\n10. Procedure in case of assignment before final order in suit \r\n11. Application of Order to appeals \r\n12. Application of Order to proceedings \r\nORDER XXIII  \r\nWithdrawal and Adjustment of Suits \r\n1. Withdrawal of suit or abandonment of part of claim \r\n2. Limitation law not affected by first suit \r\n3. Compromise of suit \r\n4. Proceedings in execution of decrees not affected \r\nORDER XXIV \r\nPayment into Court \r\n1. Deposit by defendant of amount in satisfaction of claim \r\n2. Notice of deposit \r\n3. Interest on deposit not allowed to plaintiff after notice \r\n4. Procedure where plaintiff accepts deposit as satisfaction in part \r\nProcedure where he accepts it as satisfaction in full \r\nORDER XXV  \r\nSecurity for Costs \r\n1. When security for costs may be required from plaintiff \r\nResidence out of Pakistan \r\n2. Effect of failure to furnish security \r\nORDER XXVI  \r\nCommissions \r\nCommissions to examine witnesses \r\n1. Cases in which Court may issue commission to examine witness \r\n2. Order for commission \r\n3. Where witness resides within Court‟s jurisdiction \r\n4. Persons for whose examination commission may issue \r\n5. Commission or request to examine witness not within Pakistan \r\n6. Court to examine witness pursuant to commission \r\n7. Return of commission with depositions of witnesses \r\n8. When depositions may be read in evidence \r\nCommissions for local investigations \r\n9. Commission to make local investigations \r\n10. Procedure of Commissioner \r\nReport and depositions to be evidence in suit \r\nCommissioner may be examined in person \r\nCommission to examine accounts \r\n11. Commission to examine or adjust accounts \r\n12. Court to give Commissioner necessary instructions  \r\nProceedings and report to be evidence. Court may direct further \r\ninquiry \r\nCommissions to make partitions \r\n13. Commission to make partition of immoveable property \r\n14. Procedure of Commissioner \r\nGeneral provisions \r\n15. Expenses of Commission to be paid into Court \r\n16. Powers of Commissioners \r\n17. Attendance and examination of witnesses before Commissioner \r\n18. Parties to appear before Commissioner \r\nCommissions issued at the instance of Foreign Tribunals \r\n19. Cases in which High Court may issue commission to examine witness \r\n20. Application for commission \r\n21. To whom commissions may be issued \r\n22. Issue, execution and return of commissions and transmission of \r\nevidence to foreign Court \r\nORDER XXVII  \r\nSuits by or against the Government or Public Officers in their \r\nofficial capacity \r\n1. Suits by or against Government \r\n2. Persons authorized to act for Government \r\n3. Plaints in suits by or against Government \r\n4. Agent for Government to receive process \r\n5. Fixing of day for appearance on behalf of Government \r\n6. Attendance of person able to answer questions relating to suit against \r\nGovernment \r\n7. Extension of time to enable public officer to make reference to \r\nGovernment \r\n8. Procedure in suits against public officer \r\n8A. No security to be required from Government or a public officer in \r\ncertain cases \r\n8B. Definitions of “Government” and “Government pleader” \r\nORDER XXVIIA \r\nSuits involving any substantial question as to the  \r\ninterpretation of Constitutional law \r\n1. Notice to the Advocate General \r\n2. Court may add Government as party \r\n3. Costs when Government added as party \r\n4. Application of Order to appeals \r\nORDER XXVIII  \r\nSuits by or against Military or Naval Men or Airmen  \r\n1. Officers soldiers, sailors or airmen who cannot obtain leave may \r\nauthorize any person to sue or defend for them \r\n2. Person so authorized may act personally or appoint pleader \r\n3. Service on person so authorized, or on his pleader, to be good service \r\nORDER XXIX \r\nSuits by or against Corporations \r\n1. Subscription and verification of pleading \r\n2. Service on corporation \r\n3. Power to require personal attendance of officer of corporation \r\nORDER XXX \r\nSuits by or against Firms and Persons  \r\ncarrying on business in names \r\nother than their own \r\n1. Suing of partners in name of firm \r\n2. Disclosure of partners‟ names \r\n3. Service \r\n4. Right of suit on death of partner \r\n5. Notice in what capacity served \r\n6. Appearance of partners \r\n7. No appearance except by partners \r\n8. Appearance under protest \r\n9. Suits between co­partners \r\n10. Suit against person carrying on business in name other than his own \r\nORDER XXXI \r\nSuits by or against Trustees, Executors and Administrators  \r\n1. Representation of beneficiaries in suits concerning property vested in \r\ntrustees, etc \r\n2. Joinder of trustees, executors and administrators \r\n3. Husband of married executrix not to join \r\nORDER XXXII  \r\nSuits by or against Minors and Persons \r\nof Unsound Mind \r\n1. Minor to sue by next friend \r\n2. Where suit is instituted without next friend \r\n3. Guardian for the suit to be appointed by Court for minor defendant \r\n4. Who may act as next friend or be appointed guardian for the suit \r\n5. Representation of minor by next friend or guardian for the suit \r\n6. Receipt by next friend or guardian for the suit of property under decree \r\nfor minor \r\n7. Agreement or compromise by next friend or guardian for the suit \r\n8. Retirement of next friend \r\n9. Removal of next friend \r\n10. Stay of proceedings on removal, etc., of next friend \r\n11. Retirement, removal or death of guardian for the suit \r\n12. Course to be followed by minor plaintiff or applicant on attaining \r\nmajority \r\n13. Where minor co­plaintiff attaining majority desires to repudiate suit \r\n14. Unreasonable or improper suit \r\n15. Application of rules to persons of unsound mind \r\n16. Certain laws not to be affected \r\nORDER XXXIII  \r\nSuits by Paupers \r\nOmitted \r\nORDER XXXIV  \r\nSuits relating to Mortgages of Immoveable Property  \r\n1. Parties to suits for foreclosure, sale and redemption \r\n2. Preliminary decree in foreclosure-suit \r\n3. Final decree in foreclosure suit \r\n4  Preliminary decree in suit for sale \r\nPower to decree sale in foreclosure suit \r\n5. Final decree in suit for sale \r\n6. Recovery of balance due on mortgage in suit for sale \r\n7. Preliminary decree in redemption suit \r\n8. Final decree in redemption suit \r\n8A. Recovery of balance due on mortgage in suit for redemption \r\n9. Decree where nothing is found due or where mortgagee has been \r\noverpaid \r\n10. Costs of mortgagee subsequent to decree \r\n11. Payment of interest \r\n12. Sale of property subject to prior mortgage \r\n13. Application of proceeds \r\n14. Suit for sale necessary for bringing mortgaged property to sale \r\n15. Mortgages by the deposit of title­deeds and charges \r\nORDER XXXV  \r\nInterpleader \r\n1. Plaint in interpleader­suit \r\n2. Payment of thing claimed into Court \r\n3. Procedure where defendant is suing plaintiff \r\n4. Procedure at first hearing \r\n5. Agents and tenants may not institute interpleader­suits \r\n6. Charge for plaintiff‟s costs \r\nORDER XXXVI  \r\nSpecial Case \r\n1. Power to state case for Court‟s opinion \r\n2. Where value of subject­matter must be stated \r\n3. Agreement to be filed and registered as suit \r\n4. Parties to be subject to Court‟s jurisdiction \r\n5. Hearing and disposal of case \r\nORDER XXXVII  \r\nSummary Procedure on Negotiable Instruments  \r\n1. Application of Order \r\n2. Institution of summary suits upon bills of exchange, etc. \r\n3. Defendant showing defence on merit to have leave to appear \r\n4. Power to set aside decree \r\n5. Power to order bill, etc., to be deposited with officer of Court \r\n6. Recovery of cost of noting non­acceptance of dishonoured bill or note \r\n7. Procedure in suits \r\nORDER XXXVIII  \r\nArrest and Attachment before Judgment \r\nArrest before judgment \r\n1. Defendant to be called upon to furnish security \r\n2. Procedure on application  \r\n3. Furnishing of security  \r\n4. Procedure where defendant fails to furnish security or find fresh \r\nsecurity \r\nAttachment before Judgment \r\n5. Where defendant may be called upon to furnish security for production \r\nof property \r\n6. Attachment where cause not shown or security not furnished \r\n7. Mode of making attachment \r\n8. Investigation of claim to property attached before judgment \r\n9. Removal of attachment when security furnished or suit dismissed \r\n10. Attachment before judgment not to affect rights of strangers, nor bar \r\ndecree­holder from applying for sale \r\n11. Property attached before judgment not to be re­attached in execution \r\nof decree \r\n12. Agricultural produce not attachable before judgment \r\n13. Small Cause Court not to attach immoveable property \r\nORDER XXXIX  \r\nTemporary Injunctions and Interlocutory Orders \r\nTemporary Injunctions \r\n1. Cases in which temporary injunction may be granted \r\n2. Injunction to restrain repetition or continuance of breach \r\n2A. \r\n2B. Omitted \r\n2C. Consequences of disobedience or breach of injunction  \r\n3. Before granting injunction Court to direct notice to opposite party \r\n4. Order for injunction may be discharged, varied or set aside \r\n4A. Injunction to cease to be in force after certain period \r\n5. Injunction to corporation binding on its officers \r\nInterlocutory Orders \r\n6. Power to order interim sale \r\n7. Detention, preservation, or inspection, etc., of subject­matter of suit \r\n8. Application for such orders to be after notice \r\n9. When party may be put in immediate possession of land the \r\nsubject­matter of suit \r\n10. Deposit of money, etc., in Court \r\nORDER XL  \r\nAppointment of Receivers \r\n1. Appointment of receivers \r\n2. Remuneration \r\n3. Duties \r\n4. Enforcement of receiver‟s duties \r\n5. When Collector may be appointed receiver \r\nORDER XLI \r\nAppeals from Original Decrees \r\n1. Form of appeal. What to accompany memorandum \r\nContents of memorandum \r\n2. Grounds which may be taken in appeal \r\n3. Rejection or amendment of memorandum \r\n4. One of several plaintiffs or defendants may obtain reversal of whole \r\ndecree where it proceeds on ground common to all \r\nStay of proceedings and of execution \r\n5. Stay by Appellate Court \r\nStay by Court which passed the decree \r\n6. Security in case of order for execution of decree appealed from \r\n7. Omitted  \r\n8. Exercise of powers in appeal from order made in execution of decree \r\nProcedure on admission of appeal  \r\n9. Registry of memorandum of appeal \r\nRegister of Appeals \r\n10. Appellate Court may require appellant to furnish security for costs \r\nWhere appellant resides out of Pakistan \r\n11. Power to dismiss appeal without sending notice to Lower Court \r\n12. Day for hearing appeal \r\n13. Appellate Court to give notice to Court whose decree appealed from \r\nTransmission of papers to Appellate Court \r\nCopies of exhibits in Court whose decree appealed from \r\n14. Publication and service of notice of day for hearing appeal \r\n Appellate Court may itself cause notice to be served \r\n15. Contents of notice \r\nProcedure on hearing  \r\n16. Right to begin \r\n17. Dismissal of appeal for appellant‟s default  \r\nHearing appeal ex parte \r\n18. Dismissal of appeal where notice not served in consequence of \r\nappellant‟s failure to deposit costs \r\n19. Re­admission of appeal dismissed for default \r\n20. Power to adjourn hearing and direct person appearing \r\ninterested to be made respondents \r\n21. Re-hearing on application of respondent against whom ex parte decree \r\nmade \r\n22. Upon hearing, respondent may be object to decree as if he had \r\npreferred separate appeal \r\nForm of objection and provisions applicable thereto \r\n23. Remand of case by Appellate Court \r\n23-A. Omitted  \r\n24. Where evidence on record sufficient, Appellate Court may determine \r\ncase finally \r\n25. Where Appellate Court may frame issues and refer them for trial \r\nto Court whose decree appealed from \r\n26. Findings and evidence to be put on record. Objections to findings \r\nDetermination of appeal \r\n27. Production of additional evidence in Appellate Court \r\n28. Mode of taking additional evidence \r\n29. Points to be defined and recorded \r\nJudgment in appeal \r\n30. Judgment when and where pronounced \r\n31. Contents, date and signature of judgment \r\n32. What judgment may direct \r\n33. Power of Court of Appeal \r\n34. Dissent to be recorded \r\nDecree in appeal  \r\n35. Date and contents of decree \r\nJudge dissenting from judgment need not sign  decree \r\n36. Copies of judgment and decree to be furnished to parties \r\n37. Certified copy of decree to be sent to Court whose decree appealed \r\nfrom \r\n38. \r\nORDER XLII \r\nAppeals from Appellate Decrees  \r\n1. Procedure \r\n2. \r\nORDER XLIII  \r\nAppeals from Orders  \r\n1. Appeals from  orders \r\n2. Record of the trial Court  \r\n3. Omitted \r\n4. Omitted \r\nORDER XLIV  \r\nPauper Appeals  \r\nOmitted \r\nORDER XLV \r\nAppeals to the Supreme Court  \r\n1. “Decree” defined \r\n2. Application to Court whose decree complained of \r\n3. Certificate as to value or fitness \r\n4. Consolidation of suits \r\n5. Remission of dispute to Court of first instance \r\n6. Omitted \r\n7. Security and deposit required on grant of certificate \r\n8. Admission of appeal and procedure thereon \r\n9. Revocation of acceptance of security \r\n9A. Omitted \r\n10. Power to order further security or payment \r\n11. Effect of failure to comply with order \r\n12. Refund of balance deposit \r\n13. Powers of Court pending appeal \r\n14. Increase of security found inadequate \r\n15. Procedure to enforce orders of the Supreme Court \r\n16. Appeal from order relating to execution \r\n17. Omitted \r\nORDER XLV-A \r\nExecution of Orders of Supreme Court  \r\n1. \r\n2. \r\nORDER XLVI \r\nReference \r\n1. Reference of question to High Court \r\n2. Court may pass decree contingent upon decision of High Court \r\n3. Judgment of High Court to be transmitted, and case disposed of \r\naccordingly \r\n4. Costs of reference to High Court \r\n5. Power to alter, etc., decree of Court making reference \r\n6. Power to refer to High Court questions as to jurisdiction in small \r\ncauses \r\n7. Power to District Court to submit for revision proceedings had \r\nunder mistake as to jurisdiction in small causes \r\nORDER XLVII  \r\nReview \r\n1. Application for review of judgment \r\n2. To whom application for review may be made \r\n3. Form of application for review \r\n4. Application where rejected \r\nApplication where granted \r\n5. Application for review in Court consisting of two or more Judges \r\n6. Application where rejected \r\n7. Order of rejection not appealable \r\nObjections to order granting application \r\n8. Registry of application granted, and order for re­hearing \r\n9. Bar of certain applications \r\nORDER XLVIII  \r\nMiscellaneous  \r\n1. Process to be served at expense of party issuing \r\nCosts of service \r\n2. Orders and notices how served \r\n3. Use of forms in appendices \r\nORDER XLIX  \r\nHigh Courts  \r\n1. Who may serve processes of High Court \r\n2. Saving in respect of High Courts \r\n3. Application of rules \r\nORDER L \r\nProvincial Small Cause Courts  \r\n1. Provincial Small Cause Courts \r\nORDER LI \r\nOmitted  \r\nAPPENDICES TO THE FIRST SCHEDULE  \r\nFORMS \r\nA._ PLEADINGS \r\n1. Titles of suits \r\n2. Description of parties in particular cases \r\n3. Plaints \r\n4. Written statements \r\nB.__PROCESS \r\nC.__DISCOVERY, INSPECTION AND ADMISSION \r\nD.__DECREES \r\nE.__EXECUTION \r\nF.__SUPPLEMENTAL PROCEEDINGS \r\nG.__APPEAL, REFERENCE AND REVIEW \r\nH.__MISCELLANEOUS \r\nTHE SECOND SCHE DULE \r\nRepealed \r\n \r\nTHE THIRD SCHEDULE  \r\nEXECUTION OF DECREES BY COLLECTORS \r\n \r\nTHE FOURTH SCHEDULE  \r\nOmitted \r\n \r\nTHE FIFTH SCHEDULE  \r\nOmitted \r\nTEXT \r\n1\r\nTHE CODE OF CIVIL PROCEDURE, 1908 \r\n(V of 1908) \r\n[21 March 1908] \r\nAn \r\nAct \r\nto consolidate and amend the laws relating to the Procedure of the Courts of \r\nCivil Judicature.  \r\nWHEREAS  it is expedient to consolidate and amend the laws relating to t he \r\nprocedure of the Courts of Civil Judicat ure; It is hereby enacted as follows :– \r\nPRELIMINARY  \r\n1. Short title, commencement and extent .– (1) This Act may be cited as \r\nthe Code of Civil Procedure, 1908. \r\n(2) It shall come into force on the first day of January, 1909. \r\n2\r\n[(3) It extends to the whole of Pakistan.] \r\n2. Definitions.– In this Act, unless there is anything repugnant in the subject or \r\ncontext,–  \r\n(1) “Code” includes rules: \r\n(2) “decree” means the formal expression of an adjudication which, so \r\nfar as regards the Court expressing it, conclusively determines the \r\nrights of the parties with regard to all or any of the matters in \r\ncontroversy in the suit and may be either preliminary or final. It \r\nshall be deemed to include the rejection of a plaint \r\n3\r\n[, the \r\ndetermination of any question within section 144 and an order under \r\nrule 60, 98, 99, 101, or 103 of Order XXI], but shall not include– \r\n(a) any adjudication from which an appeal lies as an appeal from \r\nan order, or \r\n(b) any order of dismissal for default. \r\nExplanation.– A decree is preliminary when further proceedings have to be \r\ntaken before the suit can be completely disposed of. It is final when such \r\nadjudication completely disposes of the suit. It may be partly preliminary and \r\npartly final: \r\n                                                \r\n1This Act was published in the Gazette of India, dated: 21 March 1908, pp. 9 -168. For Statement of Objects and Reasons, see \r\nthe Gazette of India, 1907, Part V, p. 179; for Report of the Select Committee, see ibid., 1908, Part V, p. 35; and, for \r\nProceedings in Council, see ibid., 1907, Part VI. p. 135 and ibid., 1908, pp. 8, 12 and 212. \r\n2Substituted by the Central Laws (Statu te Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June \r\n1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the \r\nSecond Schedule: it came into force on 14 October 1955.  \r\n3Substituted for the expression “and the determination of any question within section 47 or section 144” by the Law Reforms \r\nOrdinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 April 1972, pp. 526-583 s. 2 read \r\nwith the Schedule. \r\n(3) “decree­holder” means any person in whose favour a decree has \r\nbeen passed or an order capable of execution has been made: \r\n(4) “district” means the local limits of the jurisdiction of a principal \r\nCivil Court of original jurisdiction (hereinafter called a “District \r\nCourt”), and includes the local limits of the ordinary original civil \r\njurisdiction of a High Court: \r\n(5) “foreign Court” means a Court situate beyond the limits of \r\n1\r\n[Pakistan] \r\nwhich has no authority in \r\n2\r\n[Pakistan] and is not established or \r\ncontinued by \r\n3\r\n[the \r\n4\r\n[Federal Government] \r\n5\r\n[* * * *] ]: \r\n(6) “foreign judgment” means the judgment of a foreign Court: \r\n(7) “Government Pleader” includes any officer appointed by the \r\n6\r\n[Provincial Government] to perform all or any of the functions \r\nexpressly imposed by this Code on the Government Pleader and \r\nalso any pleader acting under the directions of the Government \r\nPleader: \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 \r\na decree or order: \r\n(10) “judgment­debtor” means any person against whom a decree has \r\nbeen passed or an order capable of execution has been made: \r\n(11) “legal representative” means a person who in law represents the \r\nestate of a deceased person, and includes any person who \r\nintermeddles with the estate of the deceased and where a party \r\nsues or is sued in a representative character the person on whom \r\nthe estate devolves on the death of the party so suing or sued: \r\n(12) “mesne profits” of property means those profits which the person in \r\nwrongful possession of such property actually received or might \r\nwith ordinary diligence have received therefrom, together with \r\ninterest on such profits, but shall not include profits due to \r\nimprovements made by the person in wrongful possession: \r\n(13) “moveable property” includes growing crops: \r\n                                                \r\n1Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance, \r\n1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan \r\n(Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came into force on 14 October 1955.  \r\nThey were earlier substituted for the words “British India” b y  the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith Article 4. \r\n2Ibid. \r\n3Substituted for the words “the Governor -General in Council”  by the Government of India (Adaptation of Indian Laws)  Order, \r\n1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n4Substituted for the words “Central Government” by the Federal Adaptation of Laws Order 1975 (P.O. No. 4 of 1975), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of General \r\nAdaptations. \r\n5The words “or the Crown Representative” were omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. \r\nNo. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the \r\nSchedule. \r\n6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 19 37, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n(14) “order” means the formal expression of any decision of a Civil Court \r\nwhich is not a decree: \r\n(15) “pleader” means any person entitled to appear and plead for another \r\nin Court, and includes an advocate, a vakil and an attorney of a High \r\nCourt: \r\n(16) “prescribed” means prescribed by rules: \r\n(17) “public officer” means a person falling under any of the following \r\ndescriptions, namely:– \r\n(a) every Judge; \r\n1\r\n[(b) every person in the service of Pakistan;] \r\n(c) every commissioned or gazetted officer in the military \r\n2\r\n[naval \r\nor air] forces of  \r\n3\r\n[Pakistan while in the service of the State]; \r\n(d) every officer of a Court of Justice whose duty it is, as such \r\nofficer, to investigate or report on any matter of law or fact, or \r\nto make, authenticate or keep any document, or to take \r\ncharge or dispose of any property, or to execute any judicial \r\nprocess, or to administer any oath, or to interpret, or to \r\npreserve order, in the Court, and every person especially \r\nauthorized by a Court of Justice to perform any of such duties; \r\n(e) every person who holds any office by virtue of which he is \r\nempowered to place or keep any person in confinement; \r\n(f) every officer of \r\n4\r\n[the Government] whose duty it is, as such \r\nofficer, to prevent offences, to give information of offences, to \r\nbring offenders to justice, or to protect the public health, \r\nsafety or convenience;  \r\n(g) every officer whose duty it is, as such officer, to take, receive, \r\nkeep or expend any property on behalf of \r\n5\r\n[the Government], \r\nor to make any survey, assessment or contract on behalf of \r\n6\r\n[the Government], or to execute any revenue­process, or to \r\n                                                \r\n1Substituted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published in the Gaze tte of \r\nPakistan (Extraordinary), dated: 8 July 1981, pp. 345-475, s. 3 read with the Second Schedule.  \r\n2Substituted for the words “or naval” by the Amending Act, 1934 (XXXV of 1934), published in the Gazette of India, dated: 15 \r\nSeptember 1934, pp. 181-183, s. 2 read with the Schedule. \r\n3Substituted for the words “His Majesty while serving under [the Crown]” by the Central Laws (Adaption) Order, 1961 (P.O. No. \r\n1 of 1961); made by the Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959  \r\non 21 January 1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, \r\nArticle 2 read with the Schedule: it came into force on 23 March 1956. The words in crotches were earlier subs tituted for the \r\nwords “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India \r\n(Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. The rest of the original expression, after \r\nthe words “His Majesty” and before the words “while serving”, “including His Majesty‟s Indian Marine Service,” was omitted by  \r\nthe Amending Act, 1934 (XXXV of 1934), published in the Gazette of India, dated: 15 September 1934, pp. 181 -183, s. 2 read \r\nwith the Schedule. \r\n4Substituted for the words “the Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 Jan uary 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it \r\ncame into force on 23 March 1956. They were earlier substituted for the words “the Government” by the Govern ment of India \r\n(Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, \r\nArticle 3 read with the First Schedule. \r\n5Ibid. \r\n6Ibid. \r\ninvestigate, or to report on, any matter affecting the pecuniary \r\ninterests of \r\n1\r\n[the Government], or to make, authenticate or \r\nkeep any document relating to the pecuniary interests of \r\n2\r\n[the Government] or to prevent the infraction of any law for \r\nthe protection of the pecuniary interests of \r\n3\r\n[the \r\nGovernment]; and \r\n(h) every officer in the service or pay of \r\n4\r\n[the Government], or \r\nremunerated by fees or commission for the performance of \r\nany public duty: \r\n(18) “rules” means rules and forms contained in the First Schedule or \r\nmade under section 122 or section 125: \r\n(19) “share in a corporation” shall be deemed to include stock, \r\ndebenture stock, debentures or bonds: and \r\n(20) “signed,” save in the case of a judgment or decree, includes stamped. \r\n5\r\n[3. Hierarchy of Courts .– For purposes of this Code, the hierarchy of Civil  \r\nCourts shall be the same as provided in the Punjab Civil Courts Ordinance, 1962 (II \r\nof 1962).] \r\n4. Savings.– (1) In  the absence of any specific provision to the contrary, \r\nnothing in this Code shall be deemed to limit or otherwise affect any special or local \r\nlaw now in force or any special jurisdiction or power conferred, or any special form \r\nof procedure prescribed, by or under any other law for the time being in force. \r\n (2) In particular and without prejudice to the generality of the proposition \r\ncontained in sub­section (1), nothing in this Code shall be deemed to limit or \r\notherwise affect any remedy which a land­holder or landlord may have under any \r\nlaw for the time being in force for the recovery of rent of agricultural land from the \r\nproduce of such land. \r\n5. Application of the Code to the Revenue Courts .– (1) Where any \r\nRevenue Courts are governed by the provisions of this Code in those \r\nmatters of procedure upon which any special enactment applicable to them is \r\nsilent, the \r\n6\r\n[Provincial Government], \r\n7\r\n[* * * *  * * * * * * *],  may, by notification in the \r\n                                                \r\n1Substituted for the words “the Crown” by the Central Laws (Ada ption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1 961, pp. 102-163, Article 2 read with the Schedule: it \r\ncame into force on 23 March 1956. They were earlier substituted for the words “the Government” by the Government of India \r\n(Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Ext raordinary), dated: 1 April 1937, pp. 75 -344, \r\nArticle 3 read with the First Schedule. \r\n2Ibid. \r\n3Ibid. \r\n4Ibid. \r\n5Substituted by the Code of Civil Procedure (Punjab Amendment) Act 2020 (XIV of 2020), published in the Punjab Gazette \r\n(Extraordinary), dated: 11 August 2020, pp. 557-560, s. 2. \r\n6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n7The words “with the previous sanction of the Governor General in Council” were omitted by the Devolution Act, 1920 (XXXVIII \r\nof 1920), published in the Government Gazette, Punjab and its Dependencies, dated: 24 September 1920, pp. 127-153, s. 2 \r\nread with the First Schedule. \r\n1\r\n[Official Gazette], declare that any portions of those provisions which are not \r\nexpressly made applicable by this Code shall not apply to those Courts, or \r\nshall only apply to them with such modifications as the \r\n2\r\n[Provincial Government], \r\n3\r\n[* * * * ] , may prescribe. \r\n(2) “Revenue Court” in sub-section (1) means a Court having \r\njurisdiction under any local law to entertain suits or other proceedings relating to \r\nthe rent, revenue or profits of land used for agricultural purposes, but does not \r\ninclude a Civil Court having original jurisdiction under this Code to try such suits \r\nor proceedings as being suits or proceeding of a civil nature. \r\n[6.  Pecuniary Jurisdiction .– Save in so far as is otherwise expressly provided, \r\nnothing herein contained shall operate to give any Court jurisdiction over suits the \r\namount or value of the subject-matter of which exceeds the pecuniary limits (if any) of its \r\nordinary jurisdiction. \r\n4\r\n[7. Provincial Small Cause Courts.– *  * * * * * * * * * * *   ] \r\n5\r\n[8. Presidency Small Cause Courts.– *  * * * * * * * * * * *   ] \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 .– The Courts shall (subject to \r\nthe provisions herein contained) have  jurisdiction to try all suits of a civil nature \r\nexcepting suits of which their cognizance is either expressly or impliedly barred  \r\n6\r\n[or for which a general or a special law is in force].  \r\nExplanation.– A suit in which the right to property or to an office i s contested is \r\na suit of a civil nature, notwithstanding that such right may depend entirely on \r\nthe decision of questions as to religious rites or ceremonies.  \r\n10. Stay of suit.– No Court shall proceed with the trial of any suit in which the \r\nmatter in issue is also directly and substantially in issue in a previously instituted \r\nsuit between the same parties, or between parties under whom they or any of \r\nthem claim litigating under the same title where such suit is pending in the same or \r\nany other Court in \r\n7\r\n[Pakistan] having jurisdiction to grant the relief claimed, or in \r\n                                                \r\n1Substituted for the words “local official Gazette”  by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 4 read with the Table of General \r\nAdaptations. \r\n2Ibid., for the words “Local Government”. \r\n3The words “with the sanction aforesaid” were omitted by the Devolution Act, 1920 (XXXVIII of 1920), published in the \r\nGovernment Gazette, Punjab and its Dependencies, dated: 24 September 1920, pp. 127 -153, s. 2 read with the First \r\nSchedule. \r\n4Omitted by the Code of Civil Procedure (Punjab Amendment) Act 2018 (XIV of 2018), published in the Punjab Gazette \r\n(Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 3. \r\n5Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of \r\nPakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n6Inserted by the Code of Civil Procedure (Punj ab Amendment) Act 2018 (XIV of 2018), published in the Punjab Gazette \r\n(Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 4. \r\n7Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance, \r\n1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan \r\n(Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. \r\nany Court beyond the limits of \r\n1\r\n[Pakistan] established or continued by \r\n2\r\n[the \r\n3\r\n[Federal Government] \r\n4\r\n[* * * *] ]  and having like jurisdiction, or before \r\n5\r\n[the \r\nSupreme Court]. \r\nExplanation.– The pendency of a suit in a foreign Court does not preclude \r\nthe Courts in \r\n6\r\n[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 \r\nand substantially in issue has been directly and substantially in issue in a former \r\nsuit between the same parties, or between parties under whom they or any of \r\nthem claim, litigating under the same title, in a Court competent to try such \r\nsubsequent suit or the suit in which such issue has been subsequently raised, \r\nand has been heard and finally decided by such Court. \r\nExplanation I.– The expression \"former suit\" shall denote a suit which has been \r\ndecided prior to 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 \r\nshall be determined irrespective of any provisions as to a right of appeal from the \r\ndecision of such Court. \r\nExplanation III.– The matter above referred to must in the former suit have \r\nbeen alleged by one party and either denied or admitted, expressly or impliedly, by \r\nthe other. \r\nExplanation IV.– Any matter which might and ought to have been made \r\nground of defence or attack in such former suit shall be deemed to have been a \r\nmatter directly and substantially in issue in such suit. \r\nExplanation V.– Any relief claimed in the plaint, which is not expressly granted \r\nby the decree, shall, for the purposes of this section, be deemed to have been \r\nrefused. \r\nExplanation VI.– Where persons litigate bona fide in respect of a public right or of \r\na private right claimed in common for themselves and others, all persons \r\n                                                                                                                                                  \r\nThey were earlier sub stituted for the words “British India” by  the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223 -283, Article 3 read \r\nwith Article 4. \r\n1Ibid. \r\n2Substituted for the words “the Governor -General in Council” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n3Substituted for the words “Central Government” by the Federal Adaptation of Laws Order 1975 (P. O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of \r\nGeneral Adaptations. \r\n4The words “or the Crown Representative” were omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. \r\nNo. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the \r\nSchedule. \r\n5Substituted for the words “His Majesty in Council”  by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by \r\nthe Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959  on 21 January 1961;  \r\nand, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the \r\nSchedule: it came into force on 23 March 1956. \r\n6Substituted for the words “the Provinces and the Capital of the Federation\" by the Central  Laws (Statute Reform) Ordinance, \r\n1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan \r\n(Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. \r\nThey were earlier substituted for the words “British India” by  the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith Article 4. \r\ninterested in such right shall, for the purposes of this section, be deemed to \r\nclaim under the persons so litigating. \r\n12. Bar to further suit .– \r\n1\r\n[(1)] Where a plaintiff is precluded by rules from \r\ninstituting a further suit in respect of any particular cause of action, he shall not be \r\nentitled to institute a suit in respect of such cause of action in any Court to which \r\nthis Code applies. \r\n2\r\n[(2) Where a person challenges the validity of a judgment, decree or \r\norder on the plea of fraud, misrepresentation or want of jurisdiction, he shall \r\nseek his remedy by making an application to the Court which passed the final \r\njudgment, decree or order and not by a separate suit.] \r\n3\r\n[(3) For purposes of the disposal of an application under subsection (2), the \r\nCourt may, in the interest of expeditious disposal, apply such fair procedure as the \r\ncircumstances of the case warrant, and shall, unless, for reasons to be recorded it  \r\ndirects otherwise, order any fact to be proved or disproved by affidavit.] \r\n13. When foreign judgment not conclusive. – A foreign judgment shall be \r\nconclusive as to any matter thereby directly adjudicated upon between the \r\nsame parties or between parties under whom they or any of them claim litigating \r\nunder the same title except– \r\n(a) where it has not been pronounced by a Court of competent \r\njurisdiction; \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 \r\nan incorrect view of international law or a refusal to recognise the \r\nlaw of \r\n4\r\n[Pakistan] in cases in which such law is applicable; \r\n(d) where the proceedings in which the judgment was obtained are \r\nopposed to natural 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 \r\n5\r\n[Pakistan]. \r\n14. Presumption as to foreign judgment .– The Court shall presume, upon \r\nthe production of any document purporting to be a certified copy of a foreign \r\nJudgment, that such Judgment was pronounced by a Court of competent \r\n                                                \r\n1Renumbered by the Code of Civil Procedure (Amendment) Ordinance, 1980 (X of 1980), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 26 March 1980, s. 2. \r\n2Added ibid. \r\n3Inserted by the Code of Civil Procedure (Punjab Amen dment) Act 2018 (XIV of 2018), published in the Punjab Gazette \r\n(Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 5. \r\n4Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance, \r\n1960 (XX I of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan \r\n(Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came into force on 14 October 1955.  \r\nThey were earlier substitute d for the words “British India” b y  the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith Article 4. \r\n5Ibid. \r\nJurisdiction, unless the contrary appears on the record; but such presumption may \r\nbe 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 \r\nCourt of the lowest grade competent to try it. \r\n16. Suits to be instituted where subject­matter situa te.– Subject to the \r\npecuniary or other limitations 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 \r\ncharge upon immoveable property,  \r\n(d) for the determination of any other right to or interest in immoveable \r\nproperty, \r\n(e) for compensation for wrong to immoveable property,  \r\n(f) for the recovery of moveable property actually under distrai nt or \r\nattachment, \r\nshall be instituted in the Court within the local limits of whose jurisdiction the \r\nproperty is situate  \r\n1\r\n[, or, in the case of suits referred to in clause (c), at the place \r\nwhere the cause of action has wholly or partly arisen]: \r\nProvided that a suit to obtain relief respecting, or compensation for wrong to, \r\nimmoveable property held by or on behalf of the defendant may, where the relief \r\nsought can be entirely obtained through his personal obedience, be instituted  \r\neither in the Court within the local limits of whose jurisdiction the property is \r\nsituate \r\n2\r\n[, or, in the case of suits referred to in clause (c), at the place where the \r\ncause of action has wholly or partly arisen], or in the Court within the local \r\nlimits of whose jurisdiction the defendant actually and voluntarily resides, or \r\ncarries on business, or personally works for gain. \r\nExplanation.– In this section \"property\" means property situate in \r\n3\r\n[Pakistan]. \r\n17. Suits for immoveable property situate within jurisdiction of different \r\nCourts.– Where a suit is to obtain relief respecting, or compensation for wrong \r\nto, immoveable property situate within the jurisdiction of different Courts, the suit \r\nmay be instituted in any Court within the local limits of whose jurisdiction any \r\nportion of the property is situate: \r\n                                                \r\n1Inserted by the Code of Civil Procedure (Amendment) Ordinance, 1962 (XLIV of 1962); made by the President on 5 June \r\n1962; and, was published in the Gazette of Pakistan (Extraordinary), dated: 7 June 1962, pp. 921-953, s. 6. \r\n2Inserted by the Code of Civil Procedure ( Amendment) Ordinance, 1962 (XLIV of 1962); made by the President on 5 June \r\n1962; and, was published in the Gazette of Pakistan (Extraordinary), dated: 7 June 1962, pp. 921-953, s. 6. \r\n3Substituted for the words “the Provinces and the Capital of the Federati on” by the Central Laws (Statute Reform) Ordinance, \r\n1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan \r\n(Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came  into force on 14 October 1955. \r\nThey were earlier substituted for the words “British India” b y  the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith Article 4. \r\nProvided that, in respect of the value of the subject­matter of the suit, the \r\nentire claim is cognizable by such Court. \r\n18. Place of institution of suit where local limits of jurisdiction, of Courts \r\nare uncertain .– (1) Where it is alleged to be uncertain within the local limits of \r\nthe jurisdiction of which of two or more Courts any immoveable property is \r\nsituate, any one of those Courts may, if satisfied that there is ground for the \r\nalleged uncertainty, record a statement to that effect and thereupon proceed to \r\nentertain and dispose of any suit relating to that property, and its decree in the suit \r\nshall have the same effect as if the property were situate within the local limits of \r\nits Jurisdiction: \r\nProvided that the suit is one with respect to which the Court is competent as \r\nregards the nature and value of the suit to exercise Jurisdiction. \r\n(2) Where a statement has not been recorded under sub­section (1), and \r\nan objection is taken before an appellate or revisional Court that a decree or \r\norder in a suit relating to such property was made by a Court not having \r\njurisdiction where the property is situate, the appellate or revisional Court shall not \r\nallow the objection unless in its opinion there was, at the time of the institution of \r\nthe suit, no reasonable ground for uncertainty as to the Court having jurisdiction \r\nwith respect thereto and there has been a consequent failure of justice. \r\n19. Suits for compensation for wrongs to person or moveables .– Where a \r\nsuit is for compensation for wrong done to the person or to moveable property, if \r\nthe wrong was done within the local limits of the jurisdiction of one Court and the \r\ndefendant resides, or carries on business, or personally works for gain, within the \r\nlocal limits of the jurisdiction of another Court, the suit may be instituted at the \r\noption of the plaintiff in either of the said Courts. \r\nIllustrations \r\n(a) A, residing in \r\n1\r\n[Karachi], beats B in \r\n2\r\n[Quetta]. B may sue A \r\neither in \r\n3\r\n[Quetta] or \r\n4\r\n[Karachi]. \r\n(b) A, residing in \r\n5\r\n[Karachi], publishes in \r\n6\r\n[Quetta] statements defamatory \r\nof B. B may sue A either in \r\n7\r\n[Quetta] or in \r\n8\r\n[Karachi]. \r\n20. Other suits to be instituted where defendants reside or cause of action \r\narises.– Subject to the limitations aforesaid, every suit shall be instituted in a \r\nCourt within the local limits of whose jurisdiction– \r\n(a) the defendant, or each of the defendants where there are more than \r\none, at the time of the commencement of the suit, actually and \r\nvoluntarily resides, or carries on business, or personally works for \r\ngain; or \r\n(b) any of the defendants, where there are more than one, at the time of \r\nthe commencement of the suit, actually and voluntarily resides, or \r\ncarries on business, or personally works for gain, provided that in \r\nsuch case either the leave of the Court is given, or the defendants \r\nwho do not reside, or carry on business, or personally work for \r\ngain, 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 \r\nalso a temporary residence at another place, he shall be deemed to reside at \r\nboth places in respect of any cause of action arising at the place where he has \r\nsuch temporary residence. \r\nExplanation II.– A corporation shall be deemed to carry on business at its sole or \r\nprincipal office in \r\n1\r\n[Pakistan] or, in respect of any cause of action arising at any \r\nplace where it has also a subordinate office, at such place. \r\n                                                \r\n1Substituted for the word “Delhi” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the \r\nPresident on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), date d: 9 June 1960, pp. 725 -845, s. \r\n3 read with the Second Schedule: it came into force on 14 October 1955. \r\n2Substituted for the word “Dacca” by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 8 July 1981, pp. 345-475, s. 3 read with the Second Schedule. It was earlier \r\nsubstituted for the word “Calcutta” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the \r\nPresident on 7 June 1960; and, wa s published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. \r\n3 read with the Second Schedule: it came into force on 14 October 1955. \r\n3Ibid. \r\n4Substituted for the word “Delhi” by the Central Laws (Statute Reform) Ordinance, 196 0 (XXI of 1960); assented to by the \r\nPresident on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. \r\n3 read with the Second Schedule: it came into force on 14 October 1955. \r\n5Ibid. \r\n6Substituted for the word “Dacca” by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 8 July 1981, pp. 345 -475, s. 3 read with the Second Schedule. It was earlier \r\nsubstituted for the word “Calcutta” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the \r\nPresident on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. \r\n3 read with the Second Schedule: it came into force on 14 October 1955. \r\n7Ibid. \r\n8Substituted for the word “Delhi” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the \r\nPresident on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordina ry), dated: 9 June 1960, pp. 725 -845, s. \r\n3 read with the Second Schedule: it came into force on 14 October 1955. \r\nIllustrations \r\n (a) A is a tradesman in \r\n2\r\n[Lahore]. B carries on business in \r\n3\r\n[Karachi]. B, \r\nby his agent in \r\n4\r\n[Lahore], buys  goods of A and requests A to deliver them to the \r\n5\r\n[Pakistan International Airways]. A delivers the goods accordingly in \r\n6\r\n[Lahore]. A \r\nmay sue B for the price of the goods either in \r\n7\r\n[Lahore] where the cause of action \r\nhas arisen, or in \r\n8\r\n[Karachi], where B carries on business. \r\n (b) A resides at \r\n9\r\n[Murree], B at \r\n10\r\n[Lahore] and C at \r\n11\r\n[Karachi]. A, B \r\nand C being together at \r\n12\r\n[Bahawalpur], B and C make a joint promissory note \r\npayable on demand, and deliver it to A. A may sue B and C at \r\n13\r\n[Bahawalpur], \r\nwhere the cause of action arose. He may also sue them at \r\n14\r\n[Lahore], where B \r\n                                                                                                                                                  \r\n1Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance, \r\n1960 (XXI of 1960) ; assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan \r\n(Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. \r\nThey were earlier substituted for the words “British India” by  the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith Article 4. \r\n2Substituted for the word “Dacca” by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 8 July 1981, pp. 345 -475, s. 3 read with the Second Schedule. It was earlier \r\nsubstituted for the word “Calcut ta” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the \r\nPresident on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. \r\n3 read with the Second Schedule: it came into force on 14 October 1955. \r\n3Substituted for the word “Delhi” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the \r\nPresident on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. \r\n3 read with the Second Schedule: it came into force on 14 October 1955. \r\n4Substituted for the word “Dacca” by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 8 July 1981, pp. 345 -475, s. 3 read with the Second Schedule. It was earlier \r\nsubstituted for the word “Calcutta” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the \r\nPresident on 7 June 1960; and, was publishe d in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. \r\n3 read with the Second Schedule: it came into force on 14 October 1955. \r\n5Substituted for the words “East India Railway Company” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); \r\nassented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June \r\n1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. \r\n6Substituted for the word “Dacca” by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 8 July 1981, pp. 345 -475, s. 3 read with the Second Schedule. It was earlier \r\nsubstituted for the wo rd “Calcutta” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the \r\nPresident on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. \r\n3 read with the Second Schedule: it came into force on 14 October 1955. \r\n7Ibid. \r\n8Substituted for the word “Delhi” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the \r\nPresident on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary ), dated: 9 June 1960, pp. 725 -845, s. \r\n3 read with the Second Schedule: it came into force on 14 October 1955. \r\n9Substituted ibid., for the word “Simla”. \r\n10Substituted for the word “Dacca” by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 8 July 1981, pp. 345 -475, s. 3 read with the Second Schedule. It was earlier \r\nsubstituted for the word “Calcutta”  Substituted for the word “Delhi” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI \r\nof 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 \r\nJune 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. \r\n11Substituted for the word “Delhi” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the \r\nPresident on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. \r\n3 read with the Second Schedule: it came into force on 14 October 1955. \r\n12Substituted ibid., for the word “Benares”. \r\n13Ibid. \r\n14Substituted for the word “Dacca” by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 8 July 1981, pp. 345-475, s. 3 read with the Second Schedule. It was earlier \r\nsubstituted for the word “Calcutta”  by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the \r\nPresident on 7 June 1960; and, w as published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. \r\n3 read with the Second Schedule: it came into force on 14 October 1955. \r\nresides, or at \r\n1\r\n[Karachi], where C resides; but in each of these cases, if the \r\nnon­resident defendant objects, the suit cannot proceed without the leave of the \r\nCourt. \r\n21. Objections to jurisdiction .– No objection as to the place of suing shall \r\nbe allowed by any appellate or revisional Court unless such objection was \r\ntaken in the Court of first instance at the earliest possible opportunity and in all \r\ncases where issues are settled at or before such settlement, and unless there has \r\nbeen a consequent failure of justice. \r\n22. Power to transfer suits which may be instituted in more than one Court.– \r\nWhere a suit may be instituted in any one of two or more Courts and is instituted \r\nin one of such Courts, any defendant, after notice to the other parties, may, at \r\nthe earliest possible opportunity and in all cases where issues are settled at or \r\nbefore such settlement, apply to have the suit transferred to another Court, and \r\nthe Court to which such application is made, after considering the objections of \r\nthe 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 \r\njurisdiction are subordinate to the same Appellate Court, an application under \r\nsection 22 shall be made to the Appellate Court. \r\n (2) Where such Courts are subordinate to different Appellate Courts \r\nbut to the same High Court, the application shall be made to the said High Court. \r\n (3) Where such Courts are subordinate to different High Courts, the \r\napplication shall be made to the High Court within the local limits of whose \r\njurisdiction the Court in which the suit is brought is situate. \r\n24. General power of transfer and withdrawal .– (1) On the application of any \r\nof the parties and after notice to the parties and after hearing such of them as \r\ndesire to be heard, or of its own motion without such notice, the High Court or the \r\nDistrict Court may at any stage– \r\n(a) transfer any suit, appeal or other proceeding pending before it for \r\ntrial or disposal to any Court subordinate to it and competent to try or \r\ndispose of the same, or \r\n(b) withdraw any suit, appeal or other proceeding pending in any Court \r\nsubordinate 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 \r\nto it and competent to try or dispose of the same; or \r\n(iii) retransfer the same for trial or disposal to the Court from which \r\nit was withdrawn. \r\n (2) Where any suit or proceeding has been transferred or withdrawn \r\nunder sub­section (1), the Court which thereafter tries such suit may, subject to \r\n                                                \r\n1Substituted for the word “Delhi” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI  of 1960); assented to by the \r\nPresident on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. \r\n3 read with the Second Schedule: it came into force on 14 October 1955. \r\nany special directions in the case of an order of transfer, either retry it or proceed \r\nfrom the point at which it was transferred or withdrawn. \r\n (3) For the purposes of this section, Courts of Additional and Assistant \r\nJudges shall be deemed to be subordinate to the District Court. \r\n1\r\n[(4) * * * * * * * * * * * * * * * * * * * * *   ] \r\n2\r\n[24A. Appearance of parties on transfer of suit, etc .– (1) Where any suit is \r\ntransferred under section 22, or any suit, appeal or other proceeding is transferred \r\nor withdrawn under sub­section (1) of section 24 on the application of a party, the \r\nCourt ordering the transfer or withdrawal shall fix a date for the appearance of \r\nthe parties before itself, if the suit, appeal or other proceeding is to be tried or \r\ndisposed of by itself, or before the Court to which the case is so transferred. \r\n (2) Where any suit, appeal or other proceeding is transferred from one \r\nCourt to another, otherwise than on the application of a party, the parties thereto \r\nshall appear before the Court from which the suit, appeal or other proceeding is to \r\nbe transferred, on the day already fixed for their appearance before that Court, \r\nand such Court shall then communicate the order of transfer to such parties and \r\ndirect them to appear before the Court to which the suit, appeal or other \r\nproceeding is to be transferred, either on the same day, or on such earliest day \r\nas may be reasonable having regard to the distance at which the other Court is \r\nlocated.] \r\n3\r\n[25. Power of \r\n4\r\n[ Provincial Government] to transfer suit.– *  *  *  *  *  * * *   ] \r\nINSTITUTION OF SUITS \r\n5\r\n[26. Institution of suits through plaint .– (1) Every s uit shall be instituted by \r\npresentation of a plaint in such manner as may be prescribed. \r\n(2) The plaintiff shall file as many copies of the plaint and accompanying documents with \r\nthe plaint as there are defendants to the suit, to be sent along with the summons. \r\n(3) It shall be duty of the Court to maintain electronic records of the proceedings in suits \r\nin such manner as may be prescribed. \r\nExplanation.– For purposes of this subsection, the word “suits” includes any proceeding in \r\napplications, appeals, reviews, revisions or anything incidental thereto. \r\n26A. Written statement.– (1) The defendant shall file written statement not later than thirty \r\ndays from the date of his first appearance in the Court. \r\n                                                \r\n1Omitted by the Code of Civil  Procedure (Punjab Amendment) Act 2018 (XIV of 2018), published in the Punjab Gazette \r\n(Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 6. \r\n2Inserted by the Code of Civil Procedure (Amendment) Ordinance, 1962 (XLIV of 1962); made by the President on 5 June \r\n1962; and, was published in the Gazette of Pakistan (Extraordinary), dated: 7 June 1962, pp. 921-953, s. 7.  \r\n3Omitted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; \r\nand, was published  in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second \r\nSchedule: it came into force on 14 October 1955. \r\n4Substituted for the words “Governor-General in Council” by the Government of India (Adaptation of Indi an Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 4 read with the Table of General \r\nAdaptations. \r\n5Substituted by the Code of Civil Procedure (Punjab Amendment) Act 2020 (XIV of 2020), published  in the Punjab Gazette \r\n(Extraordinary), dated: 11 August 2020, pp. 557-560, s. 3: the provisions for electronic maintenance of records and proceedings \r\nshall come into force on such date as the Government may by Notification in the official Gazette appoint. \r\n(2) The defendant shall provide additional copies of written  statement and of the \r\ndocuments annexed therewith for each of the parties and for the Court. \r\n(3) If the defendant fails to file the written statement within the time frame provided under \r\nsubsection (1), the Court shall close the right to defend the case. \r\n 26B. Framing of issues, filing of list of witnesses, recording of evidence and hearing \r\nof final arguments.– (1) The Court shall, within seven days of filing of the written statement, \r\nframe issues. \r\n(2) The parties may, within seven days of framing of the issues, raise objections on such \r\nissues, and shall provide a list of witnesses and certificate of readiness for production of \r\nevidence. \r\n(3) Upon framing of the issues, filing of the list of witnesses and certificate of readiness \r\nfor production of evidence, t he Court may itself record the evidence or may direct a \r\nCommission to record the evidence in the prescribed manner. \r\n(4) For purposes of subsection (3), the Court shall appoint a Commission from a list of \r\napproved panel, comprising of advocates and retired judges, maintained by the District \r\nJudge concerned, on payment of such fee and terms and conditions as may be determined \r\nby the Court. \r\n(5)  The Court or the Commission, as the case may be, shall complete recording of \r\nevidence and proceedings in writing and  through audio and video recording within ninety \r\ndays of fulfilment of the requirements contained in subsection (3). \r\n(6) The Court, upon completion of evidence of the parties, shall complete the hearing of \r\nfinal arguments of the parties within twenty days: \r\nProvided that the parties may file written arguments in the Court within the time frame under \r\nthis subsection.]\r\nSUMMONS AND DISCOVERY \r\n27. Summons to defendant .– Where a suit has been duly instituted, a \r\nsummons may be issued to the defendant to appear and answer the claim and \r\nmay be served in manner prescribed. \r\n1\r\n[27A. Process of summons .– (1) The summons shall be issued simultaneously, unless \r\notherwise ordered by the Court, to the defendant, by registered post acknowledgment due \r\nand another copy of the summ ons by courier service signed and sealed in such manner as \r\nmay be prescribed, or as the Court may determine, by urgent mail service of Pakistan Post, \r\nat the expense of the plaintiff. \r\n (2) The Court shall order simultaneous service by– \r\n(a) affixing a copy o f the summons at some conspicuous part of the house in which the \r\ndefendant is known to have last resided or carried on business or personally worked \r\nfor gain;  \r\n(b) any modern device including electronic device of communication which may include \r\nmobile, tel ephone, telegram, phonogram, telex, fax, radio, television etc. in the \r\nprescribed manner; \r\n(c) urgent mail service or public courier services; \r\n(d) publication in the press in the prescribed manner; and \r\n(g) any other manner or mode as it may deem fit.] \r\n(3) Location of the process server serving the summons shall be monitored by modern \r\ndevices in the prescribed manner, and the process server shall take photograph of the \r\ndefendant or the premises or the person accepting service of summons on behalf of the \r\ndefendant, which shall be made part of the record as a proof of service of the process.] \r\n28. Service of summons where defendant resides in another province .– (1) \r\nA summons may be sent for service in another province to such Court and in such \r\nmanner 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 \r\nthereof, proceed as if it had been issued by such Court and shall then return the \r\nsummons to the Court of issue together with the record (if any) of its proceedings \r\nwith regard thereto. \r\n29. Service of foreign summonses .– Summonses \r\n2\r\n[and other processes] \r\nissued by any Civil or Revenue Court situate \r\n3\r\n[outside \r\n4\r\n[Pakistan] ] may be sent to \r\nthe Courts \r\n5\r\n[in \r\n1\r\n[Pakistan] ]  and served as if they \r\n2\r\n[were summonses] issued by \r\nsuch Courts: \r\n                                                \r\n1Inserted by the Code of Civil Procedure (Punjab Amendment) Act 2020 (XIV of 2020), published in the Punjab Gazette \r\n(Extraordinary), dated: 11 August 2020, pp. 557-560, s. 4. \r\n2Inserted by the Code of Civil Procedure (Amendment) Act, 1940 (XXXIV of 1940), published in the Gazette of India, dated: 30 \r\nNovember 1940, p. 129, s. 2. \r\n3Substituted for the words “beyond the limits of British India”  by the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith the Schedule. \r\n4Substituted for the words “the Provinces” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by \r\nthe President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, \r\ns. 3 read with the Second Schedule: it came into force on 14 October 1955.  \r\n5Substituted for the words “in British India” by the Adaptation of Central Acts and Ordinance s Order, 1949 (G.G.O. No. 4 of \r\n1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223 -283, Article 3 read with the \r\nSchedule. \r\n3\r\n[Provided that the Courts issuing such summonses \r\n4\r\n[or processes] \r\nhave been established or continued by the authority of the \r\n5\r\n[Federal \r\nGovernment] \r\n6\r\n[* * * * * ] or that the Provincial Government \r\n7\r\n[of the Province in \r\nwhich 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 \r\n8\r\n[such Courts]. ] \r\n30. Power to order discovery and the like .– Subject to such conditions and \r\nlimitations as may be prescribed, the Court may, at any time, either of its own motion \r\nor on the application of any party,– \r\n(a) make such orders as may be necessary or reasonable in all matters \r\nrelating to the delivery and answering of interrogatories, the \r\nadmission of documents and facts, and the discovery, inspection, \r\nproduction, impounding and return of documents or other \r\nmaterial objects producible as evidence; \r\n(b) issue summonses to persons whose attendance is required either \r\nto give evidence or to produce documents or such other objects as \r\naforesaid; \r\n9\r\n[(c) order any fact to be proved or disproved by affidavit.] \r\n31. Summons to witness .– The provisions in sections 27, 28 and 29 shall \r\napply to summonses to give evidence or to produce documents or other material \r\nobjects. \r\n32. Penalty for default.– The Court may compel the attendance of any person \r\nto whom a summons 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 \r\n1\r\n[two thousand] rupees; \r\n                                                                                                                                                  \r\n1Substituted for the words “any Province” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by \r\nthe President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, \r\ns. 3 read with the Second Schedule: it came into force on 14 October 1955. \r\n2Substituted for the words “had been” by the Code of Civil Procedure (Amendment) Act, 1940 (XXXIV of 1940), published in the \r\nGazette of India, dated: 30 November 1940, p. 129, s. 2. \r\n3Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the G azette of India \r\n(Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n4Inserted by the Code of Civil Procedure (Amendment) Act, 1940 (XXXIV of 1940), published in the Gazette of India, dated: 30 \r\nNovember 1940, p. 129, s. 2. \r\n5Substituted for the words “Central Government”  by the Federal Adaptation of Laws Order, 1975 (P O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of \r\nGeneral Adaptations. \r\n6The words “or of the Crown Representative” were omitted  by the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with \r\nthe Schedule. \r\n7Substituted for the words “by whose Courts a summons is” by the Code of Civil Procedure (Amendment) Act, 1940 (XXXIV of \r\n1940), published in the Gazette of India, dated: 30 November 1940, p. 129, s. 2: it came into force on 1 April 1937 except  the \r\nwords “or processes”.  \r\n8Substituted ibid., for the words “Courts of the Province”.  \r\n9Substituted by the Code of Civil Procedure (Punjab Amendment) Act 2018 (XIV of 2018), published in the Punjab Gazette \r\n(Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 7. \r\n(d) order him to furnish security for his appearance and in default \r\ncommit him to \r\n2\r\n[* *] prison. \r\nJUDGMENT AND DECREE \r\n3\r\n[33. Judgment and decree.– The Court, after the case has been heard, shall pronounce \r\njudgment maximum within fifteen  days and on such judgment a decree shall follow \r\nsimultaneously.] \r\nINTEREST \r\n34. Interest.– (1) Where and in so far as a decree is for the payment of \r\nmoney, the Court may, in the decree, order interest at such rate as the Court \r\ndeems reasonable to be paid on the principal sum adjudged, from the date of \r\nthe suit to the date of the decree, in addition to any interest adjudged on such \r\nprincipal sum for any period prior to the institution of the suit, with further interest at \r\nsuch rate as the Court deems reasonable on the aggregate sum so adjudged, \r\nfrom the date of the decree to the date of payment, or to such earlier date as the \r\nCourt thinks fit. \r\n (2) Where such a decree is silent with respect to the payment of further \r\ninterest on such aggregate sum as aforesaid from the date of the decree to the \r\ndate of payment or other earlier date, the Court shall be deemed to have refused \r\nsuch interest, and a separate suit therefore shall not lie. \r\n4\r\n[34A. Interest on public dues .– (1) Where the Court is of opinion that a suit was \r\ninstituted with intent to avoid the payment of any public dues payable by the \r\nplaintiff or on his behalf, the Court may, while dismissing such suit, make an order \r\nfor payment of interest on such public dues at the rate of two per cent, above the \r\nprevailing bank rate. \r\n (2) Where the Court is of opinion that the recovery of any public \r\ndues from the plaintiff was unjustified, the Court may, while disposing of the suit, \r\nmake an order for payment of interest on the amount recovered at the rate of two \r\nper 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 \r\nthe provisions of the State Bank of Pakistan Act, 1956 (XXXIII of \r\n1956); and \r\n(b) \"public dues\" includes the dues of any bank owned by the Federal \r\nGovernment or of any corporation or undertaking owned or controlled \r\nby the Federal Government or a Provincial Government or of any \r\nlocal authority.] \r\n                                                                                                                                                  \r\n1Substituted for the words “five hundred”  by the Civil Laws (Reforms) Act, 1994 ( XIV of 1994); assented to by the President on \r\n27 July 1994; and, was published in the Gazette of Pakistan (Extraordinary), dated: 31 July 1994, pp. 683-688, s. 6. \r\n2The words “the civil” were omitted ibid. \r\n3Substituted by the Code of Civil Procedure (Punjab Amendment) Act 2018 (XIV of 2018), published in the Punjab Gazette \r\n(Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 8. \r\n4Inserted by the Code of Civil Pr ocedure (Amendment) Ordinance, 1980 (X of 1980), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 26 March 1980, s. 3. \r\n1\r\n[34B. Interest, etc., on dues of banking company .– Where and in so far as a \r\ndecree is for payment of money due to a banking company in re-payment of a \r\nloan advanced by it, the Court shall, in the decree, provide for interest or return, \r\nas the case may be, on the judgment debt from the date of decree till payment– \r\n(a) in the case of interest-bearing loans, for interest at the contracted \r\nrate or at the rate of two per cent above the bank rate, whichever is \r\nthe higher; \r\n(b) in the case of loans given on the basis of mark­up in price, lease, \r\nhire­purchase or service charges, for the contracted rate of mark­up, \r\nrental, hire or service charges, as the case may be, or at the latest \r\nrate of the banking company for similar loans, whichever is the \r\nhigher; and \r\n(c) in the case of loans given on the basis of participation in profit and \r\nloss, for return at such rate, not being less than the annual rate of \r\nprofit for the preceding six months paid by the banking company on \r\nterm deposits of six months accepted by it on the basis of \r\nparticipation in profit and loss, as the court may consider just \r\nand reasonable in the circumstances of the case, keeping in \r\nview the profit-sharing agreement entered into between the \r\nbanking company and the judgement debtor when the loan was \r\ncontracted. \r\nExplanation.– In this section in clause (a), “bank rate” has the same meaning as \r\nin section 34A.] \r\nCOSTS \r\n35. Costs.– 2\r\n[(1) Subject to such conditions and limitations, as may be \r\nprescribed, and to the provisions of law for the time being in force, the costs of an \r\nincident to all suits and other proceedings in the suit including exec ution \r\nproceedings, shall follow the event, and the Court shall have full power to determine \r\nby whom or out of which property and to what extent such costs are to be paid, and \r\nto give all necessary directions for the purpose aforesaid. \r\n(1a) The fact that the Court has no jurisdiction to try the suit shall be no bar \r\nto exercising the powers under subsection (1).] \r\n(2) Where the Court directs that any costs shall not follow the event, \r\nthe Court shall state its reasons in writing. \r\n(3) The Court may give interest on costs at any rate not exceeding six \r\nper cent per annum, and such interest shall be added to the costs and shall be \r\nrecoverable as such. \r\n                                                \r\n1Inserted by the Code of Civil Procedure (Amendment) Ordinance, 1980 (LXIII of 1980), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 24 December 1980, pp. 557 -558, s. 2. The amending Ordinance provided that the provisions of the \r\nCode of Civil Procedure, 1908, as amended, shall have effect notwithstanding anything contained in any other law for the time  \r\nbeing in force or any agreement, contract, memorandum or article of association or other instrument. See s. 3. \r\n2Substituted by the Code of Civil Procedure (Punjab Amendment) Act 2018 (XIV of 2018), published in the Punjab Gazette \r\n(Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 9. \r\n1\r\n[35A. Compensatory costs in respect of false or vexatious claims or \r\ndefences.– (1) If  in any suit or other proceeding \r\n2\r\n[(including an execution \r\nproceeding)], not being an appeal, any party objects to the claim or defence on \r\nthe ground that the claim or defence or any part of it is, as against the \r\nobjector, false or vexatious to the knowledge of the party by whom it has been \r\nput forward, and if thereafter, as against the objector, such claim or defence is \r\ndisallowed, abandoned or withdrawn in whole or in part, the Court, if the \r\nobjection has been taken at the earliest opportunity and if it is satisfied of the \r\njustice thereof, may, after recording its reasons for holding such claim or defence \r\nto be false or vexatious, make an order for the payment to the ob jector, by the \r\nparty by whom such claim or defence has been put forward, of costs by way of \r\ncompensation. \r\n(2) No Court shall make any such order for the payment of an amount \r\nexceeding \r\n3\r\n[one hundred  thousand] rupees or exceeding the limits of its pecuniary \r\njurisdiction, whichever amount is less: \r\n4\r\n[* * * * * * * * * * * * * * * * * * * * * * *  ] \r\nProvided \r\n5\r\n[* * *]  that the High Court may limit the amount which any Court \r\nor class of Courts is empowered to award as costs under this section. \r\n (3) No person against whom an order has been made under this section \r\nshall, by reason thereof, be exempted from any criminal liability in respect of any \r\nclaim or defence made by him. \r\n (4) The amount of any compensation awarded under this section in \r\nrespect of a false or vexatious claim or defence shall be taken into account in \r\nany subsequent suit for damages or compensation in respect of such claim or \r\ndefence.] \r\nPART II \r\nEXECUTION \r\nGENERAL \r\n36. Application to orders .– The provisions of this Code relating to the \r\nexecution of decrees shall, so far as they are applicable, be deemed to apply to \r\nthe execution of orders. \r\n                                                \r\n1Inserted by the Civil Procedure (Amendment) Act, 1922 (IX of 1922), published in the Gazette of India, dated: 11 March 1922, \r\np. 37, s. 2.  \r\n2Inserted by the Code of Civil Procedure (Amendment) Act, 1963 (III of 1963); assented to by t he President on 3 April 1963; \r\nand, was published in the Gazette of Pakistan (Extraordinary), dated: 3 April 1963, pp. 284b-284d, s. 3.  \r\n3Substituted for the words “twenty-five thousand” by the Code of Civil Procedure (Punjab Amendment) Act 2018 (XIV of 201 8), \r\npublished in the Punjab Gazette (Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 10. They were earlier substituted for \r\nthe words “five thousand” by the Civil Laws (Reforms) Act, 1994 (XIV of 1994); assented to by the President on 27 July 1994; \r\nand, was published in the Gazette of Pakistan (Extraordinary), dated: 31 July 1994, pp. 683 -688, s. 7. They were earlier \r\nsubstituted for the words “one thousand” by the Code of Civil Procedure (Amendment) Ordinance, 1962 (XLIV of 1962); made \r\nby the President on 5 June 1962; and, was published in the Gazette of Pakistan (Extraordinary), dated: 7 June 1962, pp. 921 -\r\n953, s. 9.  \r\n4The first proviso was omitted by the Code of Civil Procedure (Punjab Amendment) Act 2018 (XIV of 2018), published in the \r\nPunjab Gazette (Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 10. \r\n5Ibid., for the expression “, further,”. \r\n37. Definition of Court which passed a decree .– The expression \"Court which \r\npassed a decree,\" or words to that effect, shall, in relation to the execution of \r\ndecrees, unless there is anything repugnant in the subject or context, be deemed \r\nto include,– \r\n(a) where the decree to be executed has been passed in the exercise \r\nof appellate jurisdiction, the Court of first instance, and \r\n(b) where the Court of first instance has ceased to exist or to have \r\njurisdiction to execute it, the Court which, if the suit wherein the \r\ndecree was passed was instituted at the time of making the \r\napplication for the execution of the decree, would have jurisdiction to \r\ntry such suit. \r\nCOURTS BY WHICH DECREES MAY BE EXECUTED \r\n38. Court by which decree may be executed .– A decree may be executed \r\neither by the Court which passed it, or by the Court to which it is sent for \r\nexecution. \r\n39. Transfer of decree .– (1) The Court which passed a decree may, on the \r\napplication of the decree­holder, send it for execution to another Court,– \r\n(a) if the person against whom the decree is passed actually and \r\nvoluntarily resides or carries on business, or personally works for \r\ngain, within the local limits of the jurisdiction of such other Court, or \r\n(b) if such person has not property within the local limits of the \r\njurisdiction of the Court which passed the decree sufficient to satisfy \r\nsuch decree and has property within the local limits of the jurisdiction \r\nof such other Court, or \r\n(c) if the decree directs the sale or delivery of immoveable property \r\nsituate outside the local limits of the Jurisdiction of the Court which \r\npassed it, or \r\n(d) if the Court which passed the decree considers for any other reason, \r\nwhich it shall record in writing, that the decree should be executed by \r\nsuch other Court. \r\n (2) The Court which passed a decree may of its own motion send \r\nit for execution to any subordinate Court of competent jurisdiction. \r\n40. Transfer of decree to Court in another province .– Where a decree is \r\nsent for execution in another province, it shall be sent to such Court and \r\nexecuted in such manner as may be prescribed by rules in force in that province. \r\n41. Result of execution -proceeding to be certified .– The Court to which a \r\ndecree is sent for execution shall certify to the Court which passed it the fact of \r\nsuch execution, or where the former Court fails to execute the same the \r\ncircumstances attending such failure. \r\n42. Powers of Court in executing transferred decree .– \r\n1\r\n[(1)] The Court \r\nexecuting a decree sent to it shall have the same powers in executing such \r\ndecree as if it had been passed by itself. All persons disobeying or obstructing the \r\nexecution of the decree shall be punishable by such Court in the same manner \r\nas if it had passed the decree. And its order in executing such decree shall be \r\nsubject to the same rules in respect of appeal as if the decree had been passed \r\nby itself. \r\n2\r\n[(2) Without prejudice to the generality of the foregoing provision, the \r\nCourt executing a decree sent to it shall have the following powers, namely:– \r\n(a) power under section 39 to transfer the decree to another Court, if \r\nnecessary; \r\n(b) power under sub­section (1) of  section 50 to permit execution to \r\nproceed against the legal representatives of a deceased judgment \r\ndebtor; \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 \r\ndecree; \r\n(e) power under sub- rule (2) of rule 50 of Order XXI to grant leave to \r\na decree- holder to proceed against a person not already \r\nrecognised as a partner in a firm in an execution proceeding \r\nagainst the firm; \r\n(f) power under clause (b) of sub­rule (1) of rule 53 of Order XXI to give \r\nnotice of attachment of decree passed by another Court.] \r\n43. Execution of decrees passed by British Courts in places to which this \r\nPart does not extend or in foreign territory .– Any decree passed by a Civil \r\nCourt established in any \r\n3\r\n[area in \r\n4\r\n[Pakistan] ] to which the provisions relating to \r\nexecution do not extend, \r\n5\r\n[* * * * * * * * * * * * * * * * * * *]  may, if it cannot be \r\n                                                \r\n1Renumbered by the Code of Civil Procedure (Amendment) Ordinance, 1962 (XLIV of 1962); made by the President on 5 June \r\n1962; and, was published in the Gazette of Pakistan (Extraordinary), dated: 7 June 1962, pp. 921-953, s. 10. \r\n2Added ibid. \r\n3Substituted for the words “part of British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of \r\n1949), published in the Gazette of Pa kistan (Extraordinary), dated: 28 March 1949, pp. 223 -283, Article 3 read with the \r\nSchedule. \r\n4Substituted for the words “the Provinces”  by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to \r\nby the President on 7 June 1960; and, w as published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -\r\n845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. \r\n5The expression “or by any Court established or continued by the authority of the Federal G overnment in any Acceding State,” \r\nwas omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published in the Gazette of \r\nPakistan (Extraordinary), dated: 8 July 1981, pp. 345 -475, s. 3 read with the Second Schedule, item 46 . The words “ any \r\nAcceding State” were earlier substituted for the words “the territories of any foreign Province or State” by  the Adaptation of \r\nCentral Acts and Ordinances Order, 1949 (G.G.O. 4 of 1949), published in the Gazette of Pakistan (Extraordinary) , dated: 28 \r\nMarch 1949, pp. 223 -283, Article 3 read with the Schedule . Before that for the words  “the Governor-General in Council ”, the \r\nwords  “the Central  Government or Crown Representative” were substituted by the Government of India (Adaptation of India n \r\nLaws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the \r\nFirst Schedule: the expression “ or Crown Representative” was omitted by the Central Laws (Statute Reform) Ordinance, 1960 \r\n(XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), \r\ndated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came into force on 14 October 1955; and, for the \r\nwords “Central Government”, the words “Federal Government” were substituted by the Federal Adaptation of Laws Order 1975 \r\n(IV of 1975), published in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the \r\nTable of General Adaptations. \r\nexecuted within the jurisdiction of the Court by which it was passed, be executed \r\nin manner herein provided within the jurisdiction of any Court in \r\n1\r\n[Pakistan]. \r\n2\r\n[44. Execution of decrees passed by Courts of Acceding States.–  *  * *   ] \r\n3\r\n[44-A. Execution of decrees passed by Courts in the reciprocating territory .– \r\n(1) Whe re a certified copy of a decree of any of the Superior Courts of the \r\nreciprocating territory has been filed in a District Court, the decree may be executed \r\nin 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 \r\nfrom such superior Court stating the extent, if any, to which the decree has been \r\nsatisfied or adjusted and such certificate shall, for the purposes of proceedings \r\nunder this section, be conclusive proof of the exten t of such satisfaction or \r\nadjustment. \r\n(3) The provisions of section 47 shall as from the filing of the certified copy \r\nof the decree apply to the proceedings of a District Court executing a decree under \r\nthis section, and the District Court shall refuse exec ution of any such decree, if it is \r\nshown to the satisfaction of the Court that the decree falls within any of the \r\nexceptions specified in clauses (a) to (f) of section 13. \r\nExplanation 1 .– “Reciprocating territory” means such country or territory as the \r\nFederal Government may, from time to time, by notification in the official Gazette, \r\ndeclare to be reciprocating territory for the purposes of this section; and “superior \r\nCourts”, with reference to any such territory, means such Courts as may be specified \r\nin the said notification. \r\nExplanation 2.– “Decree”, with reference to a superior Court, means any decree or \r\njudgment of such Court under which a sum of money is payable, not being a sum \r\npayable in respect of taxes or other charges of a like nature or in respec t of a fine or \r\nother penalty, and does not include an arbitration award, even if such award is \r\nenforceable as a decree or judgment.] \r\n4\r\n[45. Execution of decrees in foreign territory.– * * * * * * * * *  ]  \r\n46. Precepts.– (1) Upon the application of the decree­holder the Court which \r\npassed the decree may, whenever it thinks fit, issue a precept to any other Court \r\n                                                \r\n1Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance, \r\n1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan \r\n(Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came into force on 14 October 1955.  \r\nThey were earlier substituted for the words “British India” b y  the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith Article 4. \r\n2Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published in the Gazette of \r\nPakistan (Extraordinary), dated: 8 July 1981, pp. 345-475, s. 3 read with the Second Schedule. It was earlier substituted by the \r\nGovernment of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 Apri l \r\n1937, pp. 75-344, Article 3 read with the First Schedule. \r\n3Substituted by the Code of Civil Procedure (Punjab Amendment) Act 2018 (XIV of 2018), published in the Punjab Gazette \r\n(Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 11. It was inserted by the Code of Civil Procedure (Amendment) Act, \r\n1937 (VIII of 1937), published in the Gazette of India,  s. 2. \r\n4Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published in the Gazette of \r\nPakistan (Extraordinary), dated: 8 July 1981, pp. 345-475, s. 3 read with the Second Schedule. It was earlier substituted by the \r\nGovernment of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 Apri l \r\n1937, pp. 75-344, Article 3 read with the First Schedule. \r\nwhich would be competent to execute such decree to attach any property \r\nbelonging to the judgment­debtor and specified in the precept. \r\n (2) The Court to which a precept is sent shall proceed to attach the \r\nproperty in the manner prescribed in regard to the attachment of property in \r\nexecution of a decree: \r\nProvided that no attachment under a precept shall continue for more \r\nthan two months unless the period of attachment is extended by an order of the \r\nCourt which passed the decree or unless before the determination of such \r\nattachment 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 \r\nsale of such property. \r\nQUESTIONS TO BE DETERMINED BY COURT \r\nEXECUTING DECREE \r\n47. Questions to be determined by the Court executing decree .– (1) All \r\nquestions arising between the parties to the suit in which the decree was passed, \r\nor their representatives, and relating to the execution, discharge or satisfaction of \r\nthe decree, shall be determined by the Court executing the decree and not by a \r\nseparate suit. \r\n (2) The Court may, subject to any objection as to limitation or jurisdiction, \r\ntreat a proceeding under this section as a suit or a suit as a proceeding and may, \r\nif necessary, order payment of any additional court­fees. \r\n (3) Where a question arises as to whether any person is or is not the \r\nrepresentative of a party, such question shall, for the purposes of this section, be \r\ndetermined by the Court. \r\nExplanation.– For the purposes of this section, a plaintiff whose suit has been \r\ndismissed and a defendant against whom a suit has been dismissed, are parties to \r\nthe suit. \r\nLIMIT OF TIME FOR EXECUTION \r\n48. Execution barred in certain cases .– (1) Where an application to execute \r\na decree not being a decree granting an injunction has been made, no order for \r\nthe execution of the same decree shall be made upon any fresh application \r\npresented after the expiration of \r\n1\r\n[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 \r\nmoney or the delivery of any property to be made at a certain date \r\nor at recurring periods, the date of the default in making the \r\npayment or delivery in respect of which the applicant seeks to \r\nexecute the decree. \r\n (2) Nothing in this section shall be deemed– \r\n                                                \r\n1Substituted for the words “twelve years” by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of \r\nPakistan (Extraordinary), dated: 14 April 1972, pp. 526-583 s. 2 read with the Schedule. \r\n(a) to preclude the Court from ordering the execution of a decree \r\nupon an application presented after the expiration of the said term \r\nof \r\n1\r\n[six years], where the judgment­debtor has, by fraud or force, \r\nprevented the execution of the decree at some time within \r\n2\r\n[six \r\nyears] immediately before the date of the application; or \r\n(b) to limit or otherwise affect the operation of article \r\n3\r\n[183 of the \r\nFirst Schedule to the \r\n4\r\n[*] Limitation Act, 1908\r\n5\r\n]. \r\nTRANSFEREES AND LEGAL REPRESENTATIVES \r\n49. Transferee.– Every transferee of a decree shall hold the same subject \r\nto the equities (if any) which the Judgment­debtor might have enforced against the \r\noriginal decree­holder. \r\n50. Legal representative .– (1) Where a judgment­debtor dies before the \r\ndecree has been fully satisfied, the holder of the decree may apply to the Court \r\nwhich passed it to execute the same against the legal representative of the \r\ndeceased. \r\n (2) Where the decree is executed against such legal representative, he \r\nshall be liable only to the extent of the property of the deceased which has come \r\nto his hands and has not been duly disposed of; and, for the purpose of \r\nascertaining such liability, the Court executing the decree may, of its own \r\nmotion or on the application of the decree­holder, compel such legal \r\nrepresentative to produce such accounts as it thinks fit. \r\nPROCEDURE IN EXECUTION \r\n51. Powers of Court to enforce ex ecution.– Subject to such conditions and \r\nlimitations as may be prescribed, the Court may, on the application of the \r\ndecree­holder, 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 \r\nproperty; \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\n1\r\n[Provided that \r\n2\r\n[* * * * * * * * *] execution by detention in prison shall not be \r\nordered unless, after giving the judgment­debtor an opportunity of showing cause \r\n                                                \r\n1Ibid. \r\n2Ibid. \r\n3Substituted for the expression “180 of the Second Schedule to the Indian Limitation Act, 1877\"  by the Code of Civil Procedure \r\n(Amendment) Act, 1940 (XXXIV of 1940), published in the Gazette of India, dated: 30 November 1940, p. 129, s. 3. \r\n4The word “Indian” deemed to be omitted  by virtue of omission of the said word in the “short title”  of the Indian Limitation Act, \r\n1908 by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of \r\nPakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n5IX of 1908. \r\nwhy he should not be committed to prison, the Court, for reasons recorded in \r\nwriting, is satisfied– \r\n(a) that the judgment­debtor, with the object or effect of obstructing or \r\ndelaying the execution of the decree,– \r\n(i) is likely to abscond or leave the local limits of the jurisdiction of \r\nthe Court, or \r\n(ii) has, after the institution of the suit in which the decree was \r\npassed, dishonestly transferred, concealed, or removed any part \r\nof his property, or committed any other act of bad faith in relation \r\nto his property; or \r\n(b) that the judgment­debtor has, or has had since the date of the decree, \r\nthe means to pay the amount of the decr ee or some substantial part \r\nthereof and refuses or neglects or has refused or neglected to pay the \r\nsame, or \r\n(c) that the decree is for a sum for which the judgment-debtor was bound in \r\na fiduciary capacity to account. \r\nExplanation.– In the calculation of the  means of the judgment­debtor for the \r\npurposes of clause (b), there shall be left out of account any property which, by or \r\nunder any law or custom having the force of law for the time being in force, is exempt \r\nfrom attachment in execution of the decree.] \r\n52. Enforcement of decree against legal representative .– (1) Where a decree \r\nis passed against a party as the legal representative of a deceased person, and the \r\ndecree is for the payment of money out of the property of the deceased, it may be \r\nexecuted by the attachment and sale of any such property. \r\n (2) Where no such property remains in the possession of the \r\njudgment­debtor and he fails to satisfy the Court that he has duly applied such \r\nproperty of the deceased as is proved to have come into his possession, the decree \r\nmay be executed against the judgment­debtor to the extent of the property in respect \r\nof which he has failed so to satisfy the Court in the same manner as if the decree had \r\nbeen against him personally. \r\n53. Liability of ancestral property .– For the purposes of section 50 and section \r\n52, property in the hands of a son or other descendant which is liable under Hindu law \r\nfor the payment of the debt of a deceased ancestor, in respect of which a decree has \r\nbeen passed, shall be deemed to be property of the deceased which has come to the \r\nhands of the son or other descendant as his legal representative. \r\n54. Partition of estate or separation of share .– Where the decree is for the \r\npartition of an undivided estate assessed to the payment of revenue to  \r\n3\r\n[the \r\n                                                                                                                                                  \r\n1Added by the Code of Civil Procedure (Amendment) Act, 1936 (XXI of 1936),  published in the Gazette of India, dated: 7 \r\nNovember 1936, pp. 63-64, s. 2. \r\n2The expression “where the decree is for t he payment of money” was omitted by the Code of Civil Procedure (Amendment) \r\nOrdinance, 1980 (X of 1980), published in the Gazette of Pakistan (Extraordinary), dated: 26 March 1980, s. 4. \r\n3Substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in \r\nthe Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n1\r\n[ Government] ], or for the separate possession of a share of such an estate, the \r\npartition of the estate or the separation of the share shall be made by the Collector or \r\nany gazetted subordinate of the Collector deputed by him in this behalf, in accordance \r\nwith 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 \r\na decree at any hour and on any day, and shall, as soon as practicable, be brought \r\nbefore the Court 2[which may make an order for his detention in prison to suffer simple \r\nimprisonment for a period not exceeding one year]: \r\nProvided, firstly, that, for the purpose of making an arrest under this section, no \r\ndwelling­house shall be entered after sunset and before sunrise: \r\nProvided, secondly, that no outer door of a dwelling­house shall be broken \r\nopen unless such dwelling­house is in the occupancy of the judgment­debtor and he \r\nrefuses or in any way prevents access thereto, but when the officer authorized to \r\nmake the arrest has duly gained access to any dwelling­house, he may break open \r\nthe door of any room in which he has reason to believe the judgment­debtor is to be \r\nfound: \r\nProvided, thirdly, that, if the room is in the actual occupancy of a woman who is \r\nnot the judgement­debtor and who according to the customs of the country does not \r\nappear in public, the officer authorized to make the arrest shall give notice to her that \r\nshe is at liberty to withdraw, and, after allowing a reasonable time for her to withdraw \r\nand giving her reasonable facility for withdrawing, may enter the room for the purpose \r\nof making the arrest: \r\nProvided, fourthly, that, where the decree in execution of which a \r\njudgment­debtor is arrested, is a decree for the payment of money and the \r\njudgment­debtor pays the amount of the decree and the costs of the arrest to the \r\nofficer arresting him, such officer shall at once release him. \r\n(2) The \r\n3\r\n[Provincial Government] may, b y notification in the \r\n4\r\n[Official \r\nGazette], declare that any person or class of persons whose arrest might be attended \r\nwith danger or inconvenience to the public shall not be liable to arrest in execution of a \r\ndecree otherwise than in accordance with such p rocedure as may be prescribed by \r\nthe \r\n5\r\n[Provincial Government] in this behalf. \r\n                                                \r\n1Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P .O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it \r\ncame into force on 23 March 1956. \r\n2Substituted for the expression “, and his detention may be in the civil prison of the district in which the Court ordering th e \r\ndetention is situate, or, where such civil prison does not afford suitable accommodation, in any other place which the Provincial \r\nGovernment may appoint for the detention of persons ordered by the Courts of such district to be detained ” by the Code of \r\nCivil Procedure (Amendment) Ordinance, 1980 (X of 1980), published in the  Gazette of Pakistan (Extraordinary), dated: 26 \r\nMarch 1980,  s. 5.  \r\n3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n4Ibid., for the words “local official Gazette”. \r\n5Ibid., for the words “Local Government”. \r\n1\r\n[(3) A judgment­debtor detained in prison under subsection (1) shall not, \r\nmerely by reason of undergoing such imprisonment, be discharged from his liability \r\nunder the decree, bu t he shall not be liable to be re­arrested under the decree in \r\nexecution of which he was so detained in prison.] \r\n56. Prohibition of arrest or detention of women in execution of decree for \r\nmoney.– Notwithstanding anything in this Part, the Court shall not order the arrest or \r\ndetention in the \r\n2\r\n[*] prison of a woman in execution of a decree for the payment of \r\nmoney. \r\n3\r\n[57. Subsistence-allowance.– * * * * * * * * * * * * * * *   ] \r\n4\r\n[58. Release from detention.– Every person detained in prison in execution of a \r\ndecree shall be released from such detention, before the expiry of the period of \r\ndetention, if– \r\n(a) the amount mentioned in the warrant for the detention is paid to the \r\nofficer in charge 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\nProvided that he shall not be released from such detention without the order of \r\nthe Court.] \r\n5\r\n[59. Release on ground of illness.– * * * * * * * * * * * * *   ] \r\nATTACHMENT \r\n60. Property liable to attachment and sale in execution of decree .– (1) The \r\nfollowing property is liable to attachment and sale in execution of a decree, namely, \r\nlands, houses or other  buildings, goods, money, banknotes, cheques, bills of \r\nexchange, hundis, promissory notes, Government securities, bonds or other securities \r\nfor money, debts, shares in a corporation and, save as hereinafter mentioned, all other \r\nsaleable property, moveable or immoveable, belonging to the judgment­debtor, or \r\nover which, or the profits of which, he has a disposing power which he may exercise \r\nfor his own benefit, whether the same be held in the name of the judgment­debtor or \r\nby another person in trust for him or on his behalf:– \r\nProvided that the following particulars shall not be liable to such attachment or \r\nsale, namely: \r\n(a) the necessary wearing­apparel, cooking vessels, beds and bedding of \r\nthe judgment­debtor, his wife and children, and such personal \r\nornaments as, in accordance with religious usage, cannot be parted with \r\nby any woman; \r\n                                                \r\n1Substituted for subsection (3) and (4) by the Code of Civil Procedure (Amendment) Ordinance, 1980 (X of 1980), published in \r\nthe Gazette of Pakistan (Extraordinary), dated: 26 March 1980, s. 5.  \r\n2Omitted ibid., for the word “civil”,  s. 6. \r\n3Omitted ibid., s. 7. \r\n4Substituted ibid., s. 8. \r\n5Omitted ibid., s. 9. \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 \r\nopinion of the Court, be nece ssary to enable him to earn his livelihood \r\nas such, and such portion of agricultural produce or of any class of \r\nagricultural produce as may have been declared to be free from liability \r\nunder the provisions of the next following section; \r\n(c) houses and other buildings (with the materials and the sites thereof and \r\nthe land immediately appurtenant thereto and necessary for their \r\nenjoyment) belonging to 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 \r\n1\r\n[pensioners of  the \r\n2\r\n[Government] ], \r\nor payable out of any service family  pension fund notified in the \r\n3\r\n[Official Gazette] by \r\n4\r\n[the \r\n5\r\n[Federal Government] or the Provincial \r\nGovernment] in this behalf, and political pensions; \r\n6\r\n[(h) the wages of labourers and domestic servants, whether payable in \r\nmoney or in kind; \r\n7\r\n[* * * * * * * * * * * * * * * * * *];  \r\n8\r\n[(i) salary to the extent of the first hundred rupees and one­half the \r\nremainder: \r\nProvided that where such salary is the salary of a  \r\n9\r\n[servant of the State] or a \r\nservant of a railway \r\n10\r\n[*] or local authority, and the whole or any part of the portion of \r\nsuch salary liable to attachment has been under attachment, whether continuously or \r\nintermittently for a total period of twenty­four months, such portion shall be exempt \r\n                                                \r\n1Substituted for the words “pensioners of the Go vernment” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n2Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 Janua ry 1961, pp. 102-163, Article 2 read with the Schedule: it \r\ncame into force on 23 March 1956. \r\n3Substituted for the words “Gazette of India” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in \r\nthe Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n4Ibid., for the words “ the Governor-General in Council”, Article 3 read with the First Schedule. \r\n5Substituted for the words “Central Government” by the Federal Adapta tion of Laws Order 1975 (P. O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of \r\nGeneral Adaptations. \r\n6Substituted by the Code of Civil Procedure (Second Amendment) Act , 1937 (IX of 1937), published in the Gazette of India, \r\ndated: 13 March 1937, pp. 21-22, s. 2. It was provided that the amendments effected had no effect on a suit instituted before 1 \r\nJune 1937: see ibid., s. 3. \r\n7The expression “and salary, to the extent o f the first hundred rupees and one -half the remainder of such salary” was omitted \r\nby the Code of Civil Procedure (Amendment) Act, 1943 (V of 1943), published in the Gazette of India, dated: 3 April 1943, pp.  \r\n2-3, s. 2. \r\n8Substituted ibid. It was earlier sub stituted by the Code of Civil Procedure (Second Amendment) Act, 1937 (IX of 1937), \r\npublished in the Gazette of India, dated: 13 March 1937, pp. 21-22, s. 2. \r\n9Substituted for the words “servant of the Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by \r\nthe Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959  on 21 January 1961;  \r\nand, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the \r\nSchedule: it came into force on 23 March 1956. \r\n10The word “company” was omitted by the Code of Civil Procedure (Amendment) Ordinance, 1962 (XLIV of 1962); made by the \r\nPresident on 5 June 1962; and, was published in the Gazette of Pakistan (Extraordinary), dated: 7 June 1962, pp. 921 -953, s. \r\n13. \r\nfrom attachment until the expiry of a further period of twelve months and, where such \r\nattachment has been made in execution of one and the same decree, shall be finally \r\nexempt from attachment in execution of that decree;] ] \r\n(j) the pay and allowances of persons to whom the \r\n1\r\n[ \r\n2\r\n[Pakistan Army \r\nAct, 1952\r\n3\r\n],  \r\n4\r\n[* * * * *] ] apply \r\n5\r\n[or of persons oth er than commissioned \r\nofficers to whom the  \r\n6\r\n[Pakistan Navy Ordinance, 1961 ( XXXV of \r\n1961)], applies] ]; \r\n(k) all compulsory deposits and other sums in or derived from any fund to \r\nwhich the Provident Funds Act, \r\n7\r\n[1925], for the time being applies in \r\nso far as they are declared  by the said Act not to be liable to \r\nattachment; \r\n8\r\n[(l) any allowance forming part of the emoluments of any \r\n9\r\n[servant of \r\nthe State] or of any servant of a railway \r\n10\r\n[* ] or local authority \r\nwhich the \r\n11\r\n[appropriate Government] may by notification in the \r\n12\r\n[Official Gazette] declare to be exempt from attachment, and \r\nany subsistence grant or allowance made to \r\n13\r\n[any such servant] while \r\nunder suspension;] \r\n(m) an expectancy of succession by survivorship or other merely \r\ncontingent or possible right or interest; \r\n                                                \r\n1Substituted for the words “Indian Articles of War” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n2Substituted for the expression “Indian Army Act, 1911” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); \r\nassented to by the President on 7  June 1960; and, was  published  \r\nin the Gazette of Pa kistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came into \r\nforce on 14 October 1955. \r\n3XXXIX of 1952. \r\n4The words “or the Burma Army Act” were omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 \r\nof 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223 -283, Article 3 read with the \r\nSchedule. \r\n5Added by the Amending Act, 1934 (XXXV of 1934), published in the Gazette of India, dated: 15 September 1934, pp. 181-183, \r\ns. 2 read with the Schedule. \r\n6Substituted for the expression “Naval Discipline Act as modified by the Pakistan Navy (Discipline) Act, 1934” by the Federal \r\nLaws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published in the Gaze tte of Pakistan (Extraordinary) dated: \r\n8 July 1981, pp.345-475, s. 3 read with the Second Schedule.  \r\n7Substituted for the figure “1897” by the Code of Civil Procedure (Second Amendment) Act, 1937 (IX of 1937), published in the \r\nGazette of India, dated: 13 M arch 1937, pp. 21-22, s. 2. It was provided that the amendments effected had no effect on a suit \r\ninstituted before 1 June 1937: see ibid., s. 3. \r\n8Inserted by the Code of Civil Procedure (Second Amendment) Act, 1937 (IX of 1937), published in the Gazette of India, dated: \r\n13 March 1937, pp. 21-22, s. 2. \r\n9Substituted for the words “servant of the Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by \r\nthe Minister exercising the functions of President under Article 2 of the State Arrang ements Order, 1959  on 21 January 1961; \r\nand, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the \r\nSchedule: it came into force on 23 March 1956. They were earlier substituted for the words “ public officer” by the Code of Civil \r\nProcedure (Amendment) Act, 1943 (V of 1943), published in the Gazette of India, dated: 3 April 1943, pp. 2-3, s. 2. \r\n10The word “company“ was omitted by the Code of Civil Procedure (Amendment) Ordinance, 1962 (XLIV of 1962); made by the \r\nPresident on 5 June 1962; and, was published in the Gazette of Pakistan (Extraordinary), dated: 7 June 1962, pp. 921 -953, s. \r\n13. \r\n11Substituted for the words “Governor General in Council”  by the Government of India (Adaptation of Indian Laws ) \r\nSupplementary Order, 1937, published in the Gazette of India (Extraordinary), dated: 29 July 1937, pp. 75 -344, Article 2 read \r\nwith the Schedule: it came into force on 1 April 1937. \r\n12Substituted for the words “Gazette of India” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in \r\nthe Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n13Substituted for the words “any such officer or servant” by the Code of Civil  Procedure (Amendment) Act, 1943 (V of 1943), \r\npublished in the Gazette of India, dated: 3 April 1943, pp. 2-3, s. 2. \r\n(n) a right to future maintenance; \r\n(o) any allowance declared by \r\n1\r\n[any \r\n2\r\n[Pakistan law] ] to be exempt from \r\nliability  to attachment or sale in execution of a decree; and, \r\n(p) where the judgment­debtor is a person liable for the payment of \r\nland­revenue, any moveable property which, under any law for the \r\ntime being applicable to him, is exempt from sale for the recovery of \r\nan arrear of such revenue. \r\n3\r\n[Explanation. 1].– The particulars mentioned in clauses (g), (h), (i), (j), (l) and \r\n(o) are exempt from attachment or sale whether before or after they are actually \r\npayable \r\n4\r\n[and in the case of salary other than salary of a \r\n5\r\n[servant of the State] \r\nor a servant of a railway \r\n6\r\n[*] or local authority the attachable portion thereof is \r\nexempt from attachment until it is actually payable]. \r\n7\r\n[Explanation 2.– In clauses (h) and (i), „salary‟ means the total monthly \r\nemoluments, excluding any allowance declared exempt from attachment under the \r\nprovisions of clause (l), derived by a person from his employment whether on duty \r\nor on leave.] \r\n8\r\n[Explanation 3.– In clause (I) “appropriate Government” means– \r\n(i) as respects any \r\n9\r\n[person] in the service of the \r\n10\r\n[Federal \r\nGovernment], or any servant \r\n11\r\n[of railway or] \r\n12\r\n[* * * * *]  of a \r\n                                                \r\n1Substituted for the words expression “any law passed under the Indian Councils Acts, 1861 and 1892”  by the Government of \r\nIndia (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -\r\n344, Article 3 read with the First Schedule. \r\n2Substituted for  the words “Indian law” by  the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n3Renumbered by the Code of Civil Procedure (Second Amendment) Act, 1937 (IX of 1937), published in the Gaze tte of India, \r\ndated: 13 March 1937, pp. 21-22, s. 2.  It was provided that the amendments effected had no effect on a suit instituted before 1 \r\nJune 1937: see ibid., s. 3. \r\n4Added ibid. \r\n5Substituted for the words “servant of the Crown” by the Central Laws (A daption) Order, 1961 (P.O. No. 1 of 1961); made by \r\nthe Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959  on 21 January 1961;  \r\nand, was published in the Gazette of  Pakistan (Extraordinary), dated: 24 Januar y 1961, pp. 102 -163, Article 2 read with the \r\nSchedule: it came into force on 23 March 1956. They were earlier substituted for the words “public officer” by the Code of Ci vil \r\nProcedure (Amendment) Act, 1943 (V of 1943), published in the Gazette of India, dated: 3 April 1943, pp. 2-3, s. 2. \r\n6The word “company” was omitted  by the Code of Civil Procedure (Amendment) Ordinance, 1962 (XLIV of 1962); made by the \r\nPresident on 5 June 1962; and, was published in the Gazette of Pakistan (Extraordinary), dated: 7 June  1962, pp. 921-953, s. \r\n13. \r\n7Added by the Code of Civil Procedure (Second Amendment) Act, 1937 (IX of 1937), published in the Gazette of India, dated: \r\n13 March 1937, pp.21 -22, s. 2. It was provided that the amendments effected had no effect on a suit instit uted before 1 June \r\n1937: see ibid., s. 3. \r\n8Inserted by the Government of India (Adaptation of Indian Laws) Supplementary Order, 1937, published in the Gazette of India \r\n(Extraordinary), dated: 29 July 1937, pp. 75-344, Article 2 read with the Schedule: it came into force on 1 April 1937. \r\n9Substituted for the words “public officer” by the Code of Civil Procedure (Amendment) Act, 1943 (V of 1943), published in the  \r\nGazette of India, dated: 3 April 1943, pp. 2-3, s. 2. \r\n10Substituted for the words “Central Governm ent” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), \r\npublished in Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of General \r\nAdaptations. \r\n11Inserted ibid., Article 2 read with the Schedule. \r\n12The words “of a [Government] Railway or” were omitted by the Code of Civil Procedure (Amendment) Ordinance, 1962 (XLIV \r\nof 1962); made by the President on 5 June 1962; and, was published in the Gazette of Pakistan (Extraordinary), dated: 7 June \r\n1962, pp. 921 -953, s. 13. The word in crotches was earlier substituted for the word “Federal” by the Central Laws Adaption \r\nOrder, 1961 (P.O. No. 1 of 1961), published in the Gazette of Pakistan (Extraordinary), dated 24 January 1961, pp.102 -174, \r\nArticle 2 read with the Schedule: it came into force on 23 March 1956. \r\ncantonment authority or of the port authority of a major port, the \r\n1\r\n[Federal Government]; \r\n2\r\n[(ii) *  * * * * * * * * * * * * * * * * * * *   ] \r\n(iii) as respects any other \r\n3\r\n[servant of the State] or a servant of any \r\n4\r\n[* * * \r\n* *] local authority, the Provincial Government.] \r\n(2) Nothing in this section shall be deemed– \r\n5\r\n[*] to exempt houses and other buildings (with the materials and the sites \r\nthereof and the lands immediately appurtenant thereto and necessary for their \r\nenjoyment) from attachment or sale in execution of decrees for rent of any such \r\nhouse, building, site or land, \r\n6\r\n[*] \r\n7\r\n[ * * * * * * * * * * * * * * * * * * * * * *   ] \r\n61. Partial exemption of agricultural produce .– The \r\n8\r\n[Provincial \r\nGovernment], \r\n9\r\n[* * * * * * * * * *],  may, by general or special order published in the \r\n10\r\n[Official Gazette], declare that such portion of agricultural produce, or of any \r\nclass of agricultural produce, as may appear to the \r\n11\r\n[Provincial Government] to be \r\nnecessary for the purpose of providing until the next harvest for the due cultivation \r\nof the land and for the support of the judgment­debtor and his family shall, in the \r\ncase of all agriculturists or of any class of agriculturists, be exempted from liability \r\nto attachment or sale in execution of a decree. \r\n62. Seizure of property in dwelling­house .– (1) No person executing any \r\nprocess under this Code directing or authorizing seizure of moveable property \r\nshall enter any dwelling­house after sunset and before sunrise. \r\n                                                \r\n1Substituted for the words “Central Government”  by the Federal Adaptation of Laws Order 1975 (P. O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of \r\nGeneral Adaptations. \r\n2Omitted by  the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of \r\nPakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n3Substituted for the words “servant of the Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by \r\nthe Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959  on 21  January 1961; \r\nand, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the \r\nSchedule: it came into force on 23 March 1956. They were earlier substituted for the words “public officer”  by the Code of Civil \r\nProcedure (Amendment) Act, 1943 (V of 1943), published in the Gazette of India, dated: 3 April 1943, pp. 2-3, s. 2. \r\n4The words “railway or of any other” were omitted by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), \r\npublished in Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Schedule. They \r\nwere earlier substituted for the words “other railway or” by the Code of Civil Procedure (Amendment) Ordinance, 1962 (XLIV of \r\n1962); made by the President on 5 June 1962; and, was published in the Gazette of Pakistan (Extraordinary), dated: 7 June \r\n1962, pp. 921-953, s. 13. \r\n5The expression “(a)” was repealed by the Repealing and Amending Act, 1914 (X of 1914), published in the Gazette of India, \r\ndated: 21 March 1914, pp. 47-59, s. 3 read with the Second Schedule. \r\n6The word “or” was repealed ibid. \r\n7Clause (b) repealed ibid.  \r\n8Substituted for the words “Local Government”  by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n9The words “with the previous sanction of the Governor General in Council” were omitted  by the Devolution Act, 1920 (XXXVIII \r\nof 1920), published in the Government Gazette, Punjab and its Dependencies, dated: 24 September 1920, pp. 127 -153, s. 2 \r\nread with the First Schedule. \r\n10Substituted for the words “local official Gazette”  by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 4 read with the Table of General \r\nAdaptations. \r\n11Ibid., for the words “Local Government”. \r\n (2) No outer door of a dwelling­house shall be broken open unless \r\nsuch dwelling­house is in the occupancy of the judgment­debtor and he refuses or \r\nin any way prevents access thereto, but when the person executing any such \r\nprocess has duly gained access to any dwelling­house, he may break open the \r\ndoor 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 \r\nwoman who, according to the customs of the country, does not appear in public, \r\nthe person executing the process shall give notice to such woman that she is at \r\nliberty to withdraw; and, after allowing reasonable time for her to withdraw and \r\ngiving her reasonable facility for withdrawing, he may enter such room for the \r\npurpose of seizing the property, using at the same time every precaution, \r\nconsistent with these provisions, to prevent its clandestine removal. \r\n63. Property attached in execution of decrees of several Courts .– (1) \r\nWhere property not in the custody of any Court is under attachment in execution \r\nof decrees of more Courts than one, the Court which shall receive or realize \r\nsuch property and shall determine any claim thereto and any objection to the \r\nattachment thereof shall be the Court of highest grade, or, where there is no \r\ndifference in grade between such Courts, the Court under whose decree the \r\nproperty was first attached. \r\n (2) Nothing in this section shall be deemed to invalidate any proceeding \r\ntaken by a Court executing one of such decrees. \r\n64. Private alienation of property after attachment to be void .– Where an \r\nattachment has been made, any private transfer or delivery of the property \r\nattached or of any interest therein and any payment to the judgment­debtor of \r\nany debt, dividend or other monies contrary to such attachment, shall be void as \r\nagainst all claims enforceable under the attachment. \r\nExplanation.– For the purposes of this section, claims enforceable under an \r\nattachment include claims for the rateable distribution of assets. \r\nSALE \r\n65. Purchaser‟s title .– Where immoveable property is sold in execution of a \r\ndecree and such sale has become absolute, the property shall be deemed to have \r\nvested in the purchaser from the time when the property is sold and not from the \r\ntime when the sale becomes absolute. \r\n66. Suit against purchaser not maintainable on ground of purchase being \r\non behalf of plaintiff .– (1) No suit shall be maintained against any person \r\nclaiming title under a purchase certified by the Court in such manner as may be \r\nprescribed on the ground that the purchase was made on behalf of the plaintiff or \r\non behalf of someone through whom the plaintiff claims. \r\n (2) Nothing in this section shall bar a suit to obtain a declaration that \r\nthe name of any purchaser certified as aforesaid was inserted in the certificate \r\nfraudulently or without the consent of the real purchaser, or interfere with the \r\nright of a third person to proceed against that property, though ostensibly sold to \r\nthe certified purchaser, on the ground that it is liable to satisfy a claim of such third \r\nperson against the real owner. \r\n67. Power for \r\n1\r\n[Provincial Government ] to make rules as to sales of land in \r\nexecution of decrees for payment of mo ney.– \r\n2\r\n[(1)] The \r\n3\r\n[Provincial \r\nGovernment], \r\n4\r\n[* * * * * * * * * * ], may, by notification in the \r\n5\r\n[Official Gazette], \r\nmake 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, \r\nwhere such interests are so uncertain or undetermined as, in the opinion of the \r\n6\r\n[Provincial Government], to make it impossible to fix their value. \r\n7\r\n[(2) When, on the date on which this Code came into operation in any \r\nlocal area, any special rules as to sale of land in execution of decrees were in \r\nforce therein, the \r\n8\r\n[Provincial Government] may, by notification in the \r\n9\r\n[Official \r\nGazette], declare such rules to be in force, or may, \r\n10\r\n[ *  *  *  *  *  *  *  *  *  * ], \r\nby a like notification, modify the same. \r\nEvery notification issued in the exercise of the powers conferred by this \r\nsub­section shall set out the rules so continued or modified.] \r\nDELEGATION TO COLLECTOR OF POWER TO EXECUTE \r\nDECREES AGAINST IMMOVEABLE PROPERTY \r\n68. Power to prescribe rules for t ransferring to Collector execution of \r\ncertain decrees .– The \r\n11\r\n[Provincial Government] may, \r\n12\r\n[* * * * * * * * * *],  declare, \r\nby notification in the \r\n13\r\n[Official Gazette], that in any local area the execution of \r\ndecrees in cases in which a Court has ordered any immoveable property to be \r\nsold, or the execution of any particular kind of such decrees, or the execution of \r\n                                                \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n2Renumbered  by the Code of Civil Procedure (Amendment) Act, 1914 ( I of 1914), published in the Gazette of India, dated: 17 \r\nJanuary 1914, p. 1, s. 3. \r\n3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n4The words “with the previous sanction of the Governor  General in Council”  were  omitted  by  the Devolution Act, 1920 \r\n(XXXVIII of 1920), published in the Government Gazette, Punjab and its Dependencies, dated: 24 September 1920, pp. 127 -\r\n153, s. 2 read with the First Schedule. \r\n5Substituted for the words “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India  (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 4 read with the Table of General \r\nAdaptations. \r\n6Ibid., for the words “Local Government”. \r\n7Added by the Code of Civil Procedure (Amendment) Act, 1914 (I of 1914), published in the Gazette of India, dated: 17 January \r\n1914, p. 1, s. 3. \r\n8Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n9Ibid., for the words “local official Gazette”. \r\n10The words “with the previous sanction of the Governor General in Council” were omitted  by the Devolution Act, 1920 \r\n(XXXVIII of 1920), published in the Government Gazette, Punj ab and its Dependencies, dated: 24 September 1920, pp. 127 -\r\n153, s. 2 read with the First Schedule. \r\n11Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n12The words “with the previous sanction of the Governor General in Council” were omitted by the Devolution Act, 1920 (XXXVIII \r\nof 1920), published in the Governmen t Gazette, Punjab and its Dependencies, dated: 24 September 1920, pp. 127 -153, s. 2 \r\nread with the First Schedule.  \r\n13Substituted for the words “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gaze tte of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 4 read with the Table of General \r\nAdaptations. \r\ndecrees ordering the sale of any particular kind of, or interest in, immoveable \r\nproperty, shall be transferred to the Collector. \r\n69. Provisions of  Third Schedule to apply .– The provisions set forth in the \r\nThird Schedule shall apply to all cases in which the execution of a decree has \r\nbeen transferred under the last preceding section. \r\n70. Rules of procedure .– (1) The \r\n1\r\n[Provincial Government] may make rules \r\nconsistent with the aforesaid provisions– \r\n(a) for the transmission of the decree from the Court to the Collector, \r\nand for regulating the procedure of the Collector and his \r\nsubordinates in executing the same, and for retransmitting the \r\ndecree from the Collector to the Court; \r\n(b) conferring upon the Collector or any gazetted subordinate of the \r\nCollector all or any of the powers which the Court might exercise in \r\nthe execution of the decree if the execution thereof had not been \r\ntransferred to the Collector; \r\n(c) providing for orders made by the Collector or any gazetted \r\nsubordinate of the Collector, or orders made on appeal with respect \r\nto such orders, being subject to appeal to, and revision by, superior \r\nrevenue­authorities as nearly as may be as the orders made by the \r\nCourt, or orders made on appeal with respect to such orders, would \r\nbe subject to appeal to, and revision by, appellate or revisional \r\nCourts under this Code or other law for the time being in force if the \r\ndecree had not been transferred to the Collector. \r\n(2) Jurisdiction of Civil Courts barred .– A power conferred by rules \r\nmade under sub­section (1) upon the Collector or any gazetted subordinate of \r\nthe Collector, or upon any appellate or revisional authority, shall not be \r\nexercisable by the Court or by any Court in exercise of any appellate or \r\nrevisional jurisdiction which it has with respect to decrees or orders of the Court. \r\n71. Collector deemed to be acting judicially .– In executing a decree \r\ntransferred to the Collector under section 68 the Collector and his subordinates \r\nshall be deemed to be acting judicially. \r\n72. Where Court may authorize Collector to stay public sale of land .– (1) \r\nwhere in any local area in which no declaration under section 68 is in force the \r\nproperty attached consists of land or of a share in land, and the Collector \r\nrepresents 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 \r\nreasonable period by a temporary alienation of the land or share, the Court \r\nmay authorize the Collector to provide for such satisfaction in the manner \r\nrecommended 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 \r\nrules made in pursuance thereof shall apply so far as they are applicable. \r\n                                                \r\n1Ibid., for the words “Local Government”. \r\nDISTRIBUTION OF ASSESTS \r\n73. Proceeds of execution sale to be rateably distributed among \r\ndecree­holders.– (1) Where assets are held by a Court and more persons than \r\none have, before the receipt of such assets, made application to the Court for \r\nthe execution of decrees for the payment of money passed against the same \r\njudgment­debtor and have not obtained satisfaction thereof, the assets, after \r\ndeducting the costs of realization, shall be rateably distributed among all such \r\npersons: \r\nProvided as follows:– \r\n(a) where any property is sold subject to a mortgage or charge, the \r\nmortgagee or incumbrancer shall not be entitled to share in any \r\nsurplus arising from such sale; \r\n(b) where any property liable to be sold in execution of a decree is \r\nsubject to a mortgage or charge, the Court may, with the consent of \r\nthe mortgagee or incumbrancer, order that the property be sold \r\nfree from the mortgage or charge, giving to the mortgagee \r\nor incumbrancer the same interest in the proceeds of the sale as he \r\nhad in the property sold; \r\n(c) where any immoveable property is sold in execution of a decree \r\nordering its sale for the discharge of an incumbrance thereon, the \r\nproceeds of sale shall be applied– \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 \r\nincumbrances (if any); and, \r\nfourthly, rateably among the holders of decrees for the payment of \r\nmoney against the judgment- debtor, who have, prior to the sale of the \r\nproperty, applied to the Court which passed the decree ordering such sale \r\nfor execution of such decrees, and have not obtained satisfaction thereof. \r\n (2) Where all or any of the assets liable to be rateably distributed under \r\nthis section are paid to a person not entitled to receive the same, any person so \r\nentitled may sue such person to compel him to refund the assets. \r\n (3) Nothing in this section affects any right of \r\n1\r\n[the \r\n2\r\n[Government] ]. \r\nRESISTANCE TO EXECUTION \r\n3\r\n[74. Resistance to execution .– (1) Where the Court is satisfied that the holder \r\nof a decree for the possession of property or a purchaser of property sold in \r\n                                                \r\n1Substituted for the words “the Government”  by the Government of India (Adaptation of Indian Laws) Order, 1937, published in \r\nthe Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n2Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minis ter \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it \r\ncame into force on 23 March 1956. \r\n3Substituted by the Code of Civil Procedure (Amendment) Ordinance, 1980 (X of 1980), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 26 March 1980, s. 10. \r\nexecution of a decree has been resisted or obstructed in obtaining possession of \r\nthe property by the judgment­debtor or any other person on his behalf and that \r\nsuch resistance or obstruction was without any just cause, the Court may, at \r\nthe instance of the decree­holder or the purchaser, order the judgment­debtor \r\nor such other person to undergo simple imprisonment for a term which may \r\nextend to thirty days and may further direct that the decree­holder or the \r\npurchaser be put into possession of the property. \r\n (2) Notwithstanding anything contained in sub­section (1), where a \r\njudgment­debtor or any other person resists or obstructs the execution of a \r\ndecree, 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 \r\nproperty to which the decree relates is situate to provide the necessary \r\npolice 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 \r\nlimitations as may be prescribed, 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\n76. Commission to another Court .– (1) A commission for the examination of \r\nany person may be issued to any Court (not being a High Court) situate in a \r\nprovince other than the province in which the Court of issue is situate and having \r\njurisdiction in the place in which the person to be examined resides. \r\n (2) Every Court receiving a commission for the examination of any \r\nperson under sub­section (1) shall examine him or cause him to be examined \r\npursuant thereto, and the commission, when it has been duly executed, shall be \r\nreturned 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 \r\nwhich case the commission shall be returned in terms of such order. \r\n77. Letter of request .– In lieu of issuing a commission the Court may issue a \r\nletter of request to examine a witness residing at any place not within \r\n1\r\n[Pakistan]. \r\n78. Commissions issued by foreign Courts .– \r\n2\r\n[Subject to such conditions and \r\nlimitations as may be prescribed,] the provisions as to the execution and return \r\n                                                \r\n1Substituted for the words “the Provinces and the Capital  of the Federation” by the Central Laws (Statute Reform) Ordinance, \r\n1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan \r\n(Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second S chedule: it came into force on 14 October 1955.  \r\nThey were earlier substituted for the words “British India” b y  the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith Article 4. \r\n2Inserted by the Code of Civil Procedure (Amendment) Act, 1932 (X of 1932), published in the Gazette of India, dated: 16 April  \r\n1932, p. 22, s. 2. \r\nof commissions for the examination of witnesses shall apply to commissions \r\nissued by \r\n1\r\n[or at the instance of]– \r\n(a) Courts situate beyond the limits of \r\n2\r\n[Pakistan] and established  \r\nor  continued  by the authority of \r\n3\r\n[* * * *]  \r\n4\r\n[the \r\n5\r\n[Federal \r\nGovernment] \r\n6\r\n[* * * * *]  ], or \r\n7\r\n[(b) * * * * * * * * * * * * * * * * * * * * *] \r\n8\r\n[(c) Courts of any State or country outside Pakistan.]  \r\nPART IV \r\nSUITS IN PARTICULAR CASES \r\nSUITS BY OR AGAINST \r\n9\r\n[THE \r\n10\r\n[GOVERNMENT] ] OR \r\nPUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY \r\n11\r\n[79. Suits by or against the Government .– 12\r\n[*  *  *  *  *  *  *  *  *  * ] In a \r\nSuit by or against the \r\n13\r\n[Government] the authority to be named as plaintiff or \r\ndefendant, as the case may be, shall be– \r\n                                                \r\n1Ibid. \r\n2Substituted for the words “the Provinces and  the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance, \r\n1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan \r\n(Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. \r\nThey were earlier substituted for the words “British India” by  the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith Article 4. \r\n3The words “His Majesty or of” were omitted  by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the \r\nMinister exercising the functions of President under Article 2 of the State Arrangements Order, 1959  on 21 January 1961; and, \r\nwas published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the \r\nSchedule: it came into force on 23 March 1956. \r\n4Substituted for the words “the Governor-General in Council”  by the Government of India (Adaptation of Indian Laws) Order, \r\n1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n5Substituted for the words “Ce ntral Government” by the Federal Adaptation of Laws Order 1975 (P. O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of \r\nGeneral Adaptations. \r\n6The words “or of the Crown  Representative” were omitted by  the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith the Schedule. \r\n7Omitted by the F ederal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published in the Gazette of \r\nPakistan (Extraordinary) dated: 8 July 1981, pp. 345-475, s. 3 read with the Second Schedule. It was earlier substituted by  the \r\nAdaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule.   \r\n8Substituted by  the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of \r\nPakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n9Substituted for the words “THE GOVERNMENT” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n10Substituted  for the word “CROWN” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959  on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it \r\ncame into force on 23 March 1956. \r\n11Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India \r\n(Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n12The expression “Subject to the prov isions of sections 179 and 185 of the Government of India Act, 1935,” was repealed  by \r\nthe Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), published in the Gazette of Pakistan (Extraordinary), \r\ndated: 12 May 1951, pp. 340-388, s. 3 read with the Second Schedule. \r\n13Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959  on 21 January 1961;  and, was \r\n(a) in  the  case  of a suit by or against the \r\n1\r\n[Federal Government], \r\n2\r\n[ \r\n3\r\n[*]  \r\n4\r\n[*  * *] Pakistan]; \r\n(b) in the case of a suit by or against a Provincial Government, the \r\nProvince; and \r\n5\r\n[(c) * * * * * * * * * * * * * * * * * * * * *] ] \r\n6\r\n[80. Notice.– (1) A suit may be instituted against the Government or against a \r\npublic officer, in respect of any act purporting to be done by such public officer in \r\nhis official capacity, after the expiration of two months next after notice in writing \r\nhas been delivered to or left at the office of,– \r\n(a) in the case of a suit against the \r\n7\r\n[Federal Government], a Secretary to \r\nthat Government; \r\n(b) (i) in the case of a suit against the Provincial Government other \r\nthan a suit relating to the affairs of a Railway, a Secretary to \r\nthat Government or the Collector of the District; and \r\n(ii) in the case of a suit against the \r\n8\r\n[Federal Government] \r\nrelating to the affairs of a Railway, the General Manager of \r\nthe Railway concerned,  \r\nand in the case of a public officer, delivered to him or left at his office \r\nstating the cause of action, the name, description of place of \r\nresidence of the plaintiff and the relief which he claims; and the \r\nplaint shall contain a statement that such notice has been so \r\ndelivered or left. \r\n (2) Where any such suit is instituted without delivering or leaving \r\nsuch notice as aforesaid or before the expiration of the said period of two months \r\nor where the plaint does not contain a statement that such notice has been so \r\ndelivered or left, the plaintiff shall not be entitled to any costs if settlement as \r\nregards the subject­matter of the suit is reached or the Government or the public \r\n                                                                                                                                                  \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it \r\ncame into force on 23 March 1956. \r\n1Substituted for the words “Central Government” by the Federal Adaptation of Laws Or der 1975 (P. O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of \r\nGeneral Adaptations. \r\n2Substituted for the expression “Governor­General in Council before the establish ment of the Federation of India, and \r\nthereafter, the Federation” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in  \r\nthe Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n3The word “the” was repealed by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), published in the \r\nGazette of Pakistan (Extraordinary), dated: 12 May 1951, pp. 340-388, s. 3 read with the Second Schedule. \r\n4The words “th e Federation of” were omitted by the Code of Civil Procedure (Amendment) Ordinance, 1962 (XLIV of 1962); \r\nmade by the President on 5 June 1962; and, was published in the Gazette of Pakistan (Extraordinary), dated: 7 June 1962, pp. \r\n921-953, s. 14. \r\n5Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of \r\nPakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n6Substituted by the Code of Civil Procedure (Amen dment) Ordinance, 1962 (XLIV of 1962); made by the President on 5 June \r\n1962; and, was published in the Gazette of Pakistan (Extraordinary), dated: 7 June 1962, pp. 921-953, s. 15. \r\n7Substituted for the words “Central Government” by the Federal Adaptation of  Laws Order 1975 (P. O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of \r\nGeneral Adaptations. \r\n8Substituted for the words “Provincial Government” , by the Federal Adapta tion of Laws Order 1975 (P. O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Schedule. \r\nofficer concedes the plaintiff‟s claim, within the period of two months from the date \r\nof the institution of the suit: \r\nProvided that in a suit instituted without such notice, the Court shall \r\nallow not less than three months to the Government to submit its written \r\nstatement.] \r\n81. Exemption from arrest and personal appearance .– In a suit instituted \r\nagainst a public officer in respect of any act purporting to be done by him in his \r\nofficial capacity– \r\n(a) the defendant shall not be liable to arrest nor his property to \r\nattachment otherwise than in execution of a decree, and, \r\n(b) where the Court is satisfied that the defendant cannot absent himself \r\nfrom his duty without detriment to the public service, it shall exempt \r\nhim from appearing in person. \r\n82. Execution of decree .– (1) Where the decree is against \r\n1\r\n[the \r\n2\r\n[Government] \r\n] or against a public officer in respect of any such act as aforesaid, a time shall \r\nbe specified in the decree within which it shall be satisfied; and, if the decree is \r\nnot satisfied within the time so specified, the Court shall report the case for the \r\norders of the \r\n3\r\n[Provincial Government]. \r\n (2) Execution shall not be issued on any such decree unless it remains \r\nunsatisfied for the period of three months computed from the date of such report. \r\n4\r\n[SUITS BY ALIENS AND BY OR AGAINST FOREIGN \r\nRULERS, AMBASSADORS AND ENVOYS] \r\n83. When aliens may sue .– (1)  Alien enemies residing \r\n5\r\n[in Pakistan] with the \r\npermission of the \r\n6\r\n[Federal Government], and alien friends, may sue in the \r\nCourts \r\n7\r\n[in the Provinces], as if they were \r\n8\r\n[citizens of Pakistan]. \r\n                                                \r\n1Substituted for the words “the Secretary of State for India in Council”  by the Government of India (Adaptation of Indian Laws) \r\nOrder, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the First \r\nSchedule. \r\n2Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961  (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959  on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it \r\ncame into force on 23 March 1956. \r\n3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n4Substituted by the Code of Civil Procedure (Amendment) Ordinance, 1960 (XXII of 1960), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 16 June 1960, s. 2: it came into force on 14 October 1955.  \r\n5Substituted the words “in British India”  by the Adaptation of Central  Acts  and  Ordinances Order, 1949 (G.G.O. No. 4 of \r\n1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223 -283, Article 3 read w ith the \r\nSchedule. \r\n6Substituted for the words “Central Government” by the Federal Adaptation of Laws Order 1975 (P. O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of \r\nGeneral Adaptations. They were earlier substituted  for the words “Governor General in Council” by the Government of India \r\n(Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, \r\nArticle 4 read with the Table of General Adaptations. \r\n7Substituted the words “of British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949),  \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n8Substituted for the  words  “subjects  of His  Majesty”  by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made \r\nby the Minister exercising the functions of President under Article 2 of the State Arran gements Order, 1959  on 21 January \r\n (2) No alien enemy residing \r\n1\r\n[in Pakistan] without such permission, \r\nor residing in a foreign country, shall sue in any of such Courts. \r\nExplanation.– Every person residing in a foreign country the Government of \r\nwhich is at war with \r\n2\r\n[,or engaged in military operations against,] \r\n3\r\n[Pakistan], and \r\ncarrying on business in that country without a license in that behalf under the \r\nhand \r\n4\r\n[* * * * * * * * *] of  a Secretary to the \r\n5\r\n[Federal Government] shall, for the \r\npurpose of sub­section (2), be deemed to be an alien enemy residing in a foreign \r\ncountry. \r\n84. When foreign States may sue .– (1) A foreign State may sue in any Court \r\n6\r\n[in the Provinces]: \r\nProvided that such State has been recognized by \r\n7\r\n[* * * *] the \r\n8\r\n[Federal \r\nGovernment]: \r\nProvided, also, that the object of the suit is to enforce a private right \r\nvested in the head of such State or in any officer of such State in his public \r\ncapacity. \r\n(2) Every Court shall take judicial notice of the fact that a foreign \r\nState has or has not been recognized by \r\n9\r\n[* * * *] the \r\n10\r\n[Federal Government]. \r\n                                                                                                                                                  \r\n1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with \r\nthe Schedule: it came into force on 23 March 1956. \r\n1Substituted the words “in British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n2Inserted by the Code of Civil Procedure (Amendmen t) Act, 1965 (XIX of 1965); assented to by the President on 1 December \r\n1965; and, was published in the Gazette of Pakistan (Extraordinary), dated: 2 December 1965, p. 1455, s. 2. \r\n3Substituted for the words \"the United Kingdom of Great Britain and Ireland\" by the Adaptation of Central Acts and Ordinances \r\nOrder, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223 -283, \r\nArticle 3 read with the Schedule. \r\n4The expression “of one of His Majesty‟s Secretaries of State or” was omitted ibid. \r\n5Substituted for the words “Central Government”  by the Federal Adaptation of Laws Order 1975 (P. O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of \r\nGeneral Adaptations. They were earlier  substituted for the words “Governor General in Council” by the Government of India \r\n(Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp.  75-344, \r\nArticle 3 read with the First Schedule. \r\n6Substituted the words “of British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949),  \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n7The words “His majesty or by” were omitted  by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the \r\nMinister exercising the functions of President under Article 2 of the State Arrangements Order, 1959  on 21 January 1961; and, \r\nwas published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the \r\nSchedule: it came into force on 23 March 1956. \r\n8Substituted for the words “Central Government”  by the  Federal Adaptation of Laws Order 1975 (P. O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of \r\nGeneral Adaptations. They were earlier  substituted for the words “Govern or General in Council” by the Government of India \r\n(Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, \r\nArticle 3 read with the First Schedule. \r\n9The words “His majesty or by” were omitt ed by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the \r\nMinister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and,  \r\nwas published in the Gazette of Pakistan (Extraord inary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the \r\nSchedule: it came into force on 23 March 1956. \r\n10Substituted for the words “Central Government”  by the Federal Adaptation of Laws Order 1975 (P. O. No. 4 of 1975), \r\npublished in the Gazette  of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of \r\nGeneral Adaptations. They were earlier  substituted for the words “Governor General in Council” by the Government of India \r\n(Adaptation of Indian Laws) Order, 1 937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, \r\nArticle 3 read with the First Schedule. \r\n85. Persons specially appointed by Government to prosecute or defend for  \r\n1\r\n[ Rulers].– 2\r\n[(1) Persons specially appointed by order \r\n3\r\n[of the \r\n4\r\n[Federal \r\nGovernment] ]at the request of the Ruler of any foreign State, or at the request \r\nof any person competent, in the opinion \r\n5\r\n[of the \r\n6\r\n[Federal Government] ], to act \r\non behalf of such Ruler, to prosecute or defend any suit on his behalf, shall be \r\ndeemed to be the recognized agents by whom appearances, acts and \r\napplications under this Code may be made or done on behalf of such Ruler.] \r\n7\r\n[Explanation.– * * * * * * * * * * * * * * * * * * * *   ] \r\n (2) An appointment under this section may be made for the purpose of a \r\nspecified suit or of several specified suits, or for the purpose of all such suits as it \r\nmay from time to time be necessary to prosecute or defend on behalf of the \r\n8\r\n[Ruler]. \r\n (3) A person appointed under this section may authorize or appoint \r\npersons to make appearances and applications and do acts in any such suit or \r\nsuits as if he were himself a party thereto. \r\n9\r\n[86. Suits against Rulers.– * * * * * * * * * * * * * * * *   ] \r\n10\r\n[86A. Suits against diplomatic agents .– (1) No proceeding in any Court \r\nshall lie against a diplomatic agent except in a case relating to– \r\n                                                \r\n1Substituted for the words “Princes or Chiefs” by the Code of Civil Procedure (Amendment) Ordinance, 1960 (XXII of 1960), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 16 June 1960, s. 3: it came into force on 14 October 1955. \r\n2Substituted by the Code of Civil Procedure (Amendment) Ordinance, 1960 (XXII of 1960), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 16 June 1960, s. 3: it came into force on 14 October 1955. \r\n3Substituted for the words “of the Government”  by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 \r\nof 1949), published in the Gazette of Pakistan (Extraordinary), da ted: 28 March 1949, pp. 223 -283, Article 3 read with the \r\nSchedule. \r\n4Substituted for the words “Central Government”  by the Federal Adaptation of Laws Order 1975 (P. O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 1 August 197 5, pp. 435 -467, Article 2 read with the Table of \r\nGeneral Adaptations. They were earlier  substituted for the words “Governor General in Council” by the Government of India \r\n(Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordi nary), dated: 1 April 1937, pp. 75 -344, \r\nArticle 3 read with the First Schedule. \r\n5Substituted for the words “of the Government”  by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 \r\nof 1949), published in the Gazette of Pakistan (Extra ordinary), dated: 28 March 1949, pp. 223 -283, Article 3 read with the \r\nSchedule. \r\n6Substituted for the  words “Central Government” by the Federal  Adaptation  of  Laws  Order 1975  (P. O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), d ated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of \r\nGeneral Adaptations. They were earlier substituted for the words “Governor General in Council” by the Government of India \r\n(Adaptation of Indian Laws) Order, 1937, published in the Gazette o f India (Extraordinary), dated: 1 April 1937, pp. 75 -344, \r\nArticle 3 read with the First Schedule. \r\n7Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of \r\nPakistan (Extraordinary), dated: 28 March 1949, pp. 223 -283, Article 3 read with the Schedule. It was inserted by the \r\nGovernment of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 Apri l \r\n1937, pp. 75-344, Article 3 read with the First Schedule. \r\n8Substituted for the words “Prince or Chief” by the Code of Civil Procedure (Amendment) Ordinance, 1960 (XXII of 1960), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 16 June 1960, s. 3: it came into force on 14 October 1955. \r\n9Repealed by the State Immunity Ordinance, 1981 (VI of 1981), published in the Gazette of Pakistan (Extraordinary), dated: 11 \r\nMarch 1981, pp. 25-36, s. 19. It was earlier substituted Inserted by the Code of Civil Procedure (Amendment) Ordinance, 1970 \r\n(VI of 197 0); made by the President on 26 February 1970; and, was published in the Gazette of Pakistan (Extraordinary), \r\ndated: 28 February 1970, pp. 155-156, s. 2. \r\n10Inserted by the Code of Civil Procedure (Amendment) Ordinance, 1970 (VI of 1970); made by the Preside nt on 26 February \r\n1970; and, was published in the Gazette of Pakistan (Extraordinary), dated: 28 February 1970, pp. 155-156, s. 2. \r\n(a) any private immoveable property situated in Pakistan held by him in \r\nhis private capacity and not on behalf of the sending State for the \r\npurpose 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 \r\nthe sending State; \r\n(c) any professional or commercial activity exercised by the \r\ndiplomatic agent in Pakistan outside his official functions. \r\n (2) No measures of execution shall be taken in respect of a diplomatic \r\nagent except in cases which come under clauses (a), (b) and (c) of sub­section (1) \r\nand in which such measures can be taken without infringing the inviolability of his \r\nperson or of his residence. \r\n (3) The initiation of any proceedings in a Court by a diplomatic agent \r\nshall preclude him from invoking immunity from jurisdiction under this section \r\nin respect of any counter­claim directly connected with the principal claim. \r\n (4) The immunity of a diplomatic agent under sub­section (1) or \r\nsub­section (2) may be waived by the sending State; and any such waiver shall be \r\nexpress. \r\n (5) Waiver of immunity in respect of any proceedings shall not be \r\nheld to imply waiver of immunity in respect of any measure of execution for which \r\na separate waiver shall be necessary. \r\n (6) In this section, „diplomatic agent‟ in relation to a State means the head \r\nof the mission in Pakistan of that State and includes a member of the staff of that \r\nmission having diplomatic rank.] \r\n1\r\n[87. Style of \r\n2\r\n[Rulers] as Parties to suits.– * * * * * * * * * * *   ] \r\n3\r\n[* * * * *] \r\n4\r\n[87A. Application of sections 85 and 86 to Rulers of Acceding States, etc.– * *   ] \r\nINTERPLEADER \r\n88. Where interpleader -suit may be instituted .– Where two or more persons \r\nclaim adversely to one another the same debt, sum of money or other property, \r\nmoveable or immoveable, from another person, who claims no interest therein \r\nother than for charges or costs and who is ready to pay or deliver it to the \r\nrightful claimant, such other person may institute a suit of interpleader against all \r\n                                                \r\n1Repealed by the State Immunity Ordinance, 1981 (VI of 1981), published in the Gazette of Pakistan (Extraordinary), dated: 11 \r\nMarch 1981, pp. 25-36, s. 19. \r\n2Substituted for the words “Princes or Chiefs” by the Code of Civil Procedure (Amendment) Ordinance, 1960 (XXII of 1960), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 16 June 1960, s. 5: it came into force on 14 October 1955. \r\n3The heading “SUITS AGAINST RULERS OF ACCEDING AND MERGED STATES” was omitted by the Code of Civil \r\nProcedure (Amendment) Act, 1972 (II of 1972); assented to by the President on 4 September 1972; and, was published in the \r\nGazette of Pakista n (Extraordinary), dated: 8 September 1972, p. 125, s. 2. It was inserted by the Code of Civil Procedure \r\n(Amendment) Ordinance, 1960 (XXII of 1960), published in the Gazette of Pakistan (Extraordinary), dated: 16 June 1960, s. 6: \r\nit came into force on 14 October 1955. \r\n4Omitted ibid. It was inserted by the Code of Civil Procedure (Amendment) Ordinance, 1960 (XXII of 1960), published in the \r\nGazette of Pakistan (Extraordinary), dated: 16 June 1960, s. 6: it came into force on 14 October 1955. \r\nthe claimants for the purpose of obtaining a decision as to the person to whom \r\nthe payment or delivery shall be made, and of obtaining indemnity for himself: \r\nProvided that where any suit is pending in which the rights of all parties can \r\nproperly be decided, no such suit of interpleader shall be instituted. \r\nPART V  \r\nSPECIAL PROCEEDINGS \r\nARBITRATION \r\n1\r\n[89. Arbitration.– * * * * * * * * * * * * * * * * * * *   ] \r\n2\r\n[89­A. Alternate dispute resolution .– The Court may, where it considers \r\nnecessary, having regard to the facts and circumstances of the case, with the \r\nobject of securing expeditious disposal of a case, in or in relation to a suit, \r\nadopt with the consent of the parties alternate dispute resolution method, \r\nincluding mediation and conciliation.] \r\nSection 89-A has been repealed by the Punjab Alternate Dispute Resolution \r\nAct 2019 (XVII of 2019),  published in the Punjab Gazette (Extraordinary), dated: 11 \r\nOctober 2019, pp. 1191 - 1195, s.26; however, it shall come into force on such dates \r\nand in such areas of Punjab as the Government may determine by Notification in the \r\nofficial Gazette. \r\nSPECIAL CASE \r\n90. Power to state case for opinion of Court .– Where any persons agree in \r\nwriting to state a case for the opinion of the Court, then the Court shall try and \r\ndetermine the same in the manner prescribed. \r\n \r\nSUITS RELATING TO PUBLIC MATTERS \r\n91. Public nuisances .– (1) In the case of a public nuisance the Advocate \r\nGeneral, or two or more persons \r\n3\r\n[with the leave of the Court ], may institute a suit, \r\nthough no special damage has been caused, for a declaration and injunction or for \r\nsuch other relief as may be appropriate to the circumstances of the case. \r\n (2) Nothing in this section shall be deemed to limit or otherwise affect \r\nany right of suit which may exist independently of its provisions. \r\n92. Public charities .– (1) In the case of any alleged breach of any express or \r\nconstructive trust created for public purposes of a charitable or religious nature, \r\nor where the direction of the Court is deemed necessary for the administration \r\n                                                \r\n1Repealed by the Arbitration Act, 1940 (X of 1940), published in the Gazette of India, dated: 16 March 1940, pp. 41 -52, s. 49 \r\nread with the Third Schedule: it came into force on 1 July 1940. \r\n2Inserted by the Code of Civil Procedure (Amendment) Ordinance, 2002 (XXXIV of 2002), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 27 July 2002, pp. 877- 878, s. 2. \r\n3Substituted for the words “having obtained the consent in writing of the Advocate General” by the Code of Civil Procedure \r\n(Punjab Amendment) Act 2018 (XIV o f 2018), published in the Punjab Gazette (Extraordinary), dated: 20 March 2018, pp. \r\n6695-6698, s. 12. \r\nof any such trust, the Advocate General, or two or more persons having an \r\ninterest in the trust \r\n1\r\n[ with the leave of the Court ], may institute a suit, whether \r\ncontentious or not, in the principal Civil Court of original jurisdiction or in any other \r\nCourt empowered in that behalf by the \r\n2\r\n[Provincial Government] within the \r\nlocal limits of whose jurisdiction the whole or any part of the subject­matter of \r\nthe trust is situate, to obtain a 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 \r\ntherein shall be allocated to any particular object of the trust; \r\n(f) authorizing the whole or any part of the trust­property to be let, \r\nsold, mortgaged or exchanged; \r\n(g) settling a scheme; or \r\n(h) granting such further or other relief as the nature of the case may \r\nrequire. \r\n3\r\n[(2) No suit claiming any of the reliefs specified in subsection (1) shall be \r\ninstituted in respect of any such trust as is therein referred to, except in conformity \r\nwith the provisions of that subsection.] \r\n93. Exercise of powers of Advocate General  \r\n4\r\n[* * * * ].– The powers conferred \r\nby sections 91 and 92 on the Advocate General may, \r\n5\r\n[* * * *],  be, with the \r\nprevious sanction of the \r\n6\r\n[Provincial Government], exercised also by the Collector \r\nor by such officer as the \r\n7\r\n[Provincial Government] may appoint in this behalf. \r\nPART VI \r\nSUPPLEMENTAL PROCEEDINGS \r\n94. Supplemental proceedings .– In order to prevent the ends of justice from \r\nbeing defeated the Court may, if it is so prescribed,– \r\n(a) issue a warrant to arrest the defendant and bring him before the \r\nCourt to show cause why he should not give security for his \r\n                                                \r\n1Ibid., for the words “and having obtained the consent in writing of the Advocate General”, s. 13. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n3Substituted by the Code of Civil Procedure (Punjab Amendme nt) Act 2018 (XIV of 2018), published in the Punjab Gazette \r\n(Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 13. \r\n4The words “outside the Presidency­towns” were omitted by the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith the Schedule. \r\n5Ibid. \r\n6Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, publish ed \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n7Ibid. \r\nappearance, and if he fails to comply with any order for security \r\ncommit him to the civil prison; \r\n(b) direct the defendant to furnish security to produce any property \r\nbelonging to him and to place the same at the disposal of the Court \r\nor order the attachment of any property; \r\n(c) grant a temporary injunction and in case of disobedience commit the \r\nperson guilty thereof to the civil prison and order that his property be \r\nattached and sold; \r\n(d) appoint a receiver of any property and enforce the performance of \r\nhis duties by attaching and selling his property; \r\n(e) make such other interlocutory orders as may appear to the Court to \r\nbe just and convenient. \r\n1\r\n[95. Compensation for obtaining arrest, attachment or injunction on \r\ninsufficient grounds .– (1) Where, in any suit in which an arrest or attachment has \r\nbeen effected or a temporary injunction is granted unde r the last preceding section, \r\nit appears to the Court that: \r\n(a) such arrest, attachment or injunction was applied for insufficient \r\ngrounds; or \r\n(b) there was no reasonable or probable ground for making the \r\napplication– \r\nthe Court may, on its own motion or on the application of the aggrieved \r\nparty, award such punitive compensation as it deems reasonable to \r\nthe aggrieved party for the expense and injury caused to him. \r\n(2) In addition to the compensation awardable under subsection (1), the \r\nCourt may also make an  order directing the party at fault to deposit such amount in \r\nthe public exchequer as the Court deems just, as penalty for abusing the process of \r\nthe law and wasting the time of the Court. \r\n(3) An order under this section shall bar any suit for compensation  in \r\nrespect of such arrest, attachment or injunction.] \r\nPART VII \r\nAPPEALS \r\nAPPEALS FROM ORIGINAL DECREES \r\n96.  Appeal from original decree .– (1) Save where otherwise expressly provided in \r\nthe body of this Code or by any other law for the time being in force, an appeal shall lie \r\nfrom every decree passed by any Court exercising original jurisdiction to the Court \r\nauthorized to hear appeals from the decisions of such Court \r\n2\r\n[, and the Court shall decide \r\nthe appeal within sixty days from the date of first appearance of the respondent in appeal.] \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 the consent of parties. \r\n                                                \r\n1Substituted by the Code of Civil Procedure (Punjab Amendment) Act 2018 (XIV of 2018), published in the Punjab Gazette  \r\n(Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 14. \r\n2Substituted for the “full stop” by the Code of Civil Procedure (Punjab Amendment) Act 2020 (XIV of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 11 August 2020, pp. 557-560, s. 5. \r\n97. Appeal from final decree where no appeal from preliminary decree .– \r\nWhere any party aggrieved by a preliminary decree \r\n1\r\n[* * * * * * * ] does not \r\nappeal from such decree, he shall be precluded from disputing its correctness in \r\nany appeal which may be preferred from the final decree. \r\n98. Decision where appeal heard by two or mo re Judges .– (1) where an \r\nappeal is heard by a Bench of two or more Judges, the appeal shall be \r\ndecided in accordance with the opinion of such Judges or of the majority (if any) \r\nof such Judges. \r\n (2) Where there is no such majority which concurs in a judgment \r\nvarying or reversing the decree appealed from, such decree shall be confirmed: \r\nProvided that where the Bench hearing the appeal is composed of two \r\njudges belonging to a Court consisting of more than two Judges, and the Judges \r\ncomposing the Bench differ in opinion on a point of law, they may state the point \r\nof law upon which they differ, and the appeal shall then be heard upon that point \r\nonly 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 \r\nthe appeal, including those who first heard it. \r\n2\r\n[(3) Nothing in this section shall be deemed to alter or otherwise affect \r\nany provision of the letters patent of any High Court.] \r\n99. No decree to be reversed or modified for error or irregularity not \r\naffecting merits or jurisdiction .– No decree shall be reversed or substantially \r\nvaried, nor shall any case be remanded, in appeal on account of any misjoinder \r\nof parties or causes of action or any error, defect or irregularity in any proceedings \r\nin the suit, not affecting the merits of the case or the jurisdiction of the Court. \r\nAPPEALS FROM APPEALATE DECREES \r\n100.  Second appeal .– (1) Save where otherwise expressly provided in the body of this \r\nCode or by any other law for the time being in force, an appeal shall lie to the High \r\nCourt from every decree passed in appeal by any Court subordinate to a High Court, on \r\nany of the following grounds, namely:– \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 having \r\nthe force of law; \r\n(c) a substantial error or defect in the procedure provided by this Code or by any \r\nother law for the time being in force, which may possibly have produced error or \r\ndefect in the decision of the case upon the merits. \r\n3\r\n[(2) * * * * * * * * * * * * * * * * * *] \r\n \r\n101.  Second appeal on no other grounds .– No second appeal shall lie except on \r\nthe grounds mentioned in section 100. \r\n                                                \r\n1The words “passed after the commencement of this Code” were omitted by the Code of Civil Procedure (Punjab Amendment) \r\nAct 2018 (XIV of 2018), published in the Punjab Gazette (Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 15. \r\n2Added by the Re pealing and Amending Act, 1928 (XVIII of 1928), published in the Gazette of India, dated: 29 September \r\n1928, pp. 35-37, s. 2 read with the First Schedule. \r\n3Omitted by the Code of Civil Procedure (Amendment) Ordinance, 1980 (X of 1980), published in the Gaz ette of Pakistan \r\n(Extraordinary), dated: 26 March 1980, s. 11. \r\n1\r\n[102. No second appeal in certai n cases.– No second appeal shall lie in any suit when \r\nthe amount or value of the subject matter of the original suit does not exceed rupees twenty \r\nfive million.] \r\n103.  Power of High Court to determine issues of fact .– In any second appeal, the \r\nHigh Court may, if the evidence on the record is sufficient, d etermine any issue of fact \r\nnecessary for the disposal of the appeal \r\n2\r\n[which has not been determined by the lower \r\nappellate Court or which has been wrongly determined by such Court by reason of any \r\nillegality, omission, error or defect such as is referred to in sub­section (1) of section 100]. \r\nAPPEALS FROM ORDERS \r\n104. Orders from which appeal lies .– (1) An appeal shall lie from the following \r\norders,  and  save  as  otherwise  expressly provided in the body of this Code or \r\nby any law for the time being in force from no other orders:– \r\n3\r\n[(a) * * * * * * * * * * * * * * * * * * * * * \r\n(b) * * * * * * * * * * * * * * * * * * * * * \r\n(c) * * * * * * * * * * * * * * * * * * * * * \r\n(d) * * * * * * * * * * * * * * * * * * * * * \r\n(e) * * * * * * * * * * * * * * * * * * * * *] \r\n4\r\n[(f) an order under section 35A; \r\n(ff) an order under section 47;] \r\n5\r\n[(fff) an order under section 91 or section 92 refusing leave to institute a \r\nsuit;] \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 \r\ndirecting the arrest or detention in the civil prison of any person \r\nexcept where such arrest or detention is in execution of a decree; \r\n(i) any order made under rules from which an appeal is expressly \r\nallowed by rules. \r\n6\r\n[Provided that no appeal shall lie against any order specified in clause \r\n7\r\n[(f)] save on the ground that no order, or an order for the payment of a less \r\namount, ought to have been made.] \r\n                                                \r\n1Substituted by the Code of Civil Procedure (Punjab Amendment) Act 2018 (XIV of 2018), published in the Punjab Gazette \r\n(Extraordinary), dated: 20 March 2018, pp. 6695 -6698, s. 16. It was earlie r substituted by the Code of Civil Procedure \r\n(Amendment) Act, 2004 (VIII of 2004), published in the Punjab Gazette (Extraordinary), dated: 30 November 2004, p. 179, s. 2. \r\nIt was earlier substituted by the Law Reforms Ordinance, 1972 (XII of 1972), publishe d in the Gazette of Pakistan \r\n(Extraordinary), dated: 14 April 1972, pp. 526-583 s. 2 read with the Schedule. \r\n2Substituted for the words “but not determined by the lower appellate Court” by the Code of Civil Procedure (Amendment) Act, \r\n1926 (VI of 1926), published in the Gazette of India, dated: 6 March 1926, s. 2. \r\n3Clauses (a) to (f) were repealed by the Arbitration Act, 1940 (X of 1940), published in the Gazette of India, dated: 16 March  \r\n1940, pp. 41-52, s. 49 read with the Third Schedule: it came into force on 1 July 1940. \r\n4Substituted by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 \r\nApril 1972, pp. 526-583 s. 2 read with the Schedule.  Clause (ff) was earlier inserted  by the Civil Procedure (Amendment) Act, \r\n1922 (IX of 1922), published in the Gazette of India, dated: 11 March 1922, p. 37, s. 3. \r\n5Inserted by the Code of Civil Procedure (Punjab Amendment) Act 2018 (XIV of 2018), published in the Punjab Gazette \r\n(Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 17. \r\n6Inserted by the Civil Procedure (Amendment) Act, 1922 (IX of 1922), published in the Gazette of India, dated: 11 March 1922, \r\np. 37, s. 3. \r\n7Substituted for the expression “(ff)” by the Federal Laws (Revision and Declaration) Ordi nance, 1981 (XXVII of 1981), \r\npublished in the Gazette of Pakistan (Extraordinary) dated: 8 July 1981, pp.345-475, s. 3 read with the Second Schedule. \r\n (2) No appeal shall lie from any order passed in appeal under this \r\nsection. \r\n105. Other orders .– (1) Save as otherwise expressly provided, no appeal shall \r\nlie from any order made by a Court in the exercise of its original or appellate \r\njurisdiction; but, where a decree is appealed from, any error, defect or irregularity \r\nin any order, affecting the decision of the case, may be set forth as a ground of \r\nobjection in the memorandum of appeal. \r\n (2) Notwithstanding anything contained in sub­section (1), where any \r\nparty aggrieved by an order of remand made after the commencement of this \r\nCode from which an appeal lies does not appeal therefrom, he shall thereafter \r\nbe precluded from disputing its correctness. \r\n1\r\n[106.  What Courts to hear appeals .– (1) Where an appeal from any order is allowed, it \r\nshall lie to the Court to which an appeal would lie from the decree in the suit in which such \r\norder was made, or where such order is made by a Court not being the High Court in \r\nexercise of appellate jurisdiction, then to the High Court. \r\n(2) A Court shall decide an appeal under subsection (1) within thirty days of the first \r\nappearance of the respondent.] \r\nGENERAL PROVISIONS RELATING TO APPEALS \r\n107. Powers of Appellate Court .– (1) Subject to such conditions and \r\nlimitations as may be prescribed, 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 \r\npowers and shall perform as n early as may be the same duties as are \r\nconferred and imposed by this Code on Courts of original jurisdiction in respect \r\nof suits instituted therein. \r\n108. Procedure in appeals from appellate decrees and orders .– The \r\nprovisions of this Part relating to appeal from original decrees shall, so far as may \r\nbe, 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 \r\nlaw in which a different procedure is not provided. \r\nAPPEALS TO THE \r\n2\r\n[SUPREME COURT] \r\n                                                \r\n1Substituted by the Code of Civil Procedure (Punjab Amendment) Act 2020 (XIV of 2020), published in the Pu njab Gazette \r\n(Extraordinary), dated: 11 August 2020, pp. 557-560, s. 6. \r\n2Substituted for the words „„King in Council‟‟  by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the \r\nMinister exercising the functions of President under Article 2 of the State Arrangements Order, 1959  on 21 January 1961; and, \r\nwas published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the \r\nSchedule: it came into force on 23 March 1956. \r\n1\r\n[109. When appeals, l ie to the Supreme Court .– An appeal from a judgment, \r\ndecree or final order of a High Court shall lie to the Supreme Court– \r\n(a) if the amount or value of the subject matter of the dispute in the \r\nCourt of first instance was and also in appeal is (unless varied by \r\nan Act of Parliament) fifty thousand rupees or upward and the \r\njudgment, decree or final order appealed from has varied or set \r\naside 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, \r\nsome claim or question respecting property of the like amount or \r\nvalue and the judgment, decree or final order appealed from has \r\nvaried or set aside the judgment, decree or final order of the \r\nCourt immediately below; or \r\n(c) if the High Court certifies that the case involves a substantial \r\nquestion of law as to the interpretation of the Constitution.] \r\n2\r\n[110. Value of subject­matter.– * * * * * * * * * * * * * * *   ] \r\n111. Bar of  certain appeals .– Notwithstanding anything contained in section \r\n109, no appeal shall lie to \r\n3\r\n[the Supreme Court]– \r\n(a) from the decree or order of one Judge of a High Court \r\n4\r\n[* * * * *  * \r\n*], or of one Judge of a Division Court, or of two or more \r\nJudges of such High Court, or of a Division Court constituted \r\nby 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 \r\nmajority of the whole of the Judges of the High Court at the time \r\nbeing; or \r\n(b) from any decree from which under section 102 no second appeal lies \r\n5\r\n[111A. Appeals to Federal Court.–* * * * * * * * * * * * * * *   ] \r\n112. Savings.– \r\n1\r\n[(1) Nothing contained in this Code shall be deemed– \r\n                                                \r\n1Substituted by the Fed eral Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in Gazette of Pakistan \r\n(Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Schedule.  \r\n2Omitted by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in Gazette of Pakistan (Extraordinary), \r\ndated: 1 August 1975, pp. 435 -467, Article 2 read with the Schedule . Earlier certain amendments  were made by the Central \r\nLaws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister exercising the functions of President under Article 2 of \r\nthe State Arrangements Order, 1959  on 21 January 1961; and, was published in the Gazette of Pakistan (Extraordinary), \r\ndated: 24 January 1961, pp. 102-163, Article 2 read with the Schedule: it came into force on 23 March 1956. \r\n3Substituted for the words “His Majesty in Council” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by \r\nthe Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959  on 21 Janua ry 1961; \r\nand, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the \r\nSchedule: it came into force on 23 March 1956. \r\n4The words „„constituted by His Majesty by Letters Patent‟‟ were omitted ibid. They were earlier substituted for the words \r\n“established under the Indian High Courts Act, 1861, [or the Government of India Act, 1915,]” by the Government of India \r\n(Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinar y), dated: 1 April 1937, pp. 75 -344, \r\nArticle 3 read with the First Schedule. The words in crotches were inserted by the  Amending Act, 1916 (XIII of 1916), \r\npublished in the Punjab Gazette, dated: 9 February 1917, pp. 6-8, s. 2 read with the Schedule. \r\n5Omitted by the Federal Court Act, 1941 (XXI of 1941), published in the Gazette of  India, dated: 29 November 1941, p. 77, \r\ns. 2. It was earlier inserted  by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of \r\nIndia (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n(a) to affect the powers of the Supreme Court under \r\n2\r\n[Article 191 of the \r\nConstitution or any other provision thereof]; or \r\n(b) to interfere with any rules made by the Supreme Court, and for the \r\ntime being in force, for the presentation of appeals to that Court, or \r\ntheir conduct before that Court.] \r\n (2) Nothing herein contained applies to any matter of criminal or admiralty \r\nor vice­admiralty jurisdiction, or to appeals from orders and decrees of Prize \r\nCourts. \r\nPART VIII \r\nREFERENCE, REVIEW AND REVISION \r\n113. Reference to High Court .– Subject to such conditions and limitations as \r\nmay be prescribed, any Court may state a case and refer the same for the \r\nopinion of the High Court, and the High Court may make such order thereon as it \r\nthinks fit. \r\n3\r\n[114. Review.– \r\n4\r\n[(1) Subject as aforesaid, any person consideri ng himself \r\naggrieved: \r\n(a) by a decree or order from which an appeal is allowed by this Code but \r\nfrom which no appeal has been preferred; or  \r\n(b) by a decree or order from which no appeal is allowed by this Code– \r\nmay apply for a review of judgment to the Co urt which passed the \r\ndecree or made the order, and the Court may make such order thereon \r\nas it thinks fit.] \r\n (2) Nothing contained in sub­section (1) shall apply to a review of any \r\njudgment pronounced or any order made by the Supreme Court.] \r\n[115. Revision.– \r\n5\r\n[(1)] The High Court may call for the record of any case which has \r\nbeen decided by any Court subordinate to such High Court and in which no appeal \r\nlies thereto, and if such subordinate Court appears– \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\n1\r\n[:] \r\n                                                                                                                                                  \r\n1Substituted by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister exercising the functions of \r\nPresident under Article 2 of the State Arrang ements Order, 1959  on 21 January 1961; and, was published in the Gazette of \r\nPakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it came into force on 23 \r\nMarch 1956. \r\n2Substituted for the expression “58 of the Co nstitution or any other provision of that Constitution” by the Federal Adaptation of \r\nLaws Order, 1975 (P.O. No. 4 of 1975), published in Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, \r\nArticle 2 read with the Schedule. Before that the expression “Article 158” was substituted for the expression “Article 158” by the \r\nCentral Adaptation of Laws Order, 1964 (P. O. No. 1 of 1964); made by the President on 27 May 1964; and, was published in \r\nthe Gazette of Pakistan (Extraordinary), dated: 28 May 1964, pp. 251c-251aap, Article 2 read with the Schedule. \r\n3Substituted by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in Gazette of Pakistan \r\n(Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Schedule. \r\n4Substituted by the Code of Civil Procedure (Punjab Amendment) Act 2018 (XIV of 2018), published in the Punjab Gazette \r\n(Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 18. \r\n5Renumbered  by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: \r\n14 April 1972, pp. 526-583 s. 2 read with the Schedule. \r\n2\r\n[Provided that, where a person makes an application under this subsection, he shall, \r\nin support of such application, furnish copies of the pleadings, documents and order of \r\nthe subordinate Court and the High Court shall, except for reasons to be recorded, \r\ndispose of such application without calling for the record of the subordinate Court \r\n3\r\n[:] ] \r\n4\r\n[Provided further that the subordinate court shall provide copies of the documents to a \r\nperson within three days of the decision, and the High Court shall dispose of such \r\napplication within \r\n5\r\n[three] months.] \r\n6\r\n[(2) The District Court may exercise the powers conferred on the High Court by sub-\r\nsection (1) in respect of any case decided by a Court subordinate to such District Court \r\nin which no appeal lies and the amount or value of the subjectmatter where of does \r\nnot exceed the limits of the appellate jurisdiction of the District Court \r\n7\r\n[, and the District \r\nCourt shall decide the application within two months from the date of first appearance of the \r\nrespondent.] \r\n (3) If any application un der subsection (1) in respect of a case within the competence \r\nof the District Court has been made either to the High Court or the District Court, no further \r\nsuch application shall be made to either of them.  \r\n (4) No proceedings in revision shall be enterta ined by the High Court against an order \r\nmade under subsection (2) by the District Court.]  \r\n8\r\n[(5) No proceedings in revision shall be entertained by the High Court against an order \r\npassed by the District Court under section 104.] \r\nPART IX \r\nSPECIAL PROVISIONS RELATING TO \r\n9\r\n[* *] HIGH COURTS \r\n116. Part to apply only to certain High Courts .– This Part applies only to High \r\nCourts \r\n10\r\n[* * * * * * * * * * * * * * *].  \r\n                                                                                                                                                  \r\n1Substituted for the “full -stop” by the Code of Civil Procedure (Amendment) Ordinance, 1980 (X of 1980), published in the \r\nGazette of Pakistan (Extraordinary), dated: 26 March 1980, s. 13. \r\n2Added ibid. \r\n3Substituted for the “full -stop” by the Code of Civil Procedure (Amendment) Act, 1992 (VI of 1992); assented to by the \r\nPresident on 24 May 1992; and, was published in the Gazette of Pakistan (Extraordi nary), dated: 30 May 1992, pp. 99 -100, s. \r\n3. \r\n4Substituted by the Code of Civil Procedure (Punjab Amendment) Act 2018 (XIV of 2018), published in the Punjab Gazette \r\n(Extraordinary), dated: 20 March 2018, pp. 6695 -6698, s. 19. Substituted by Act VI of 1992, s. 3. It was earlier added by the \r\nCode of Civil Procedure (Amendment) Act, 1992 (VI of 1992); assented to by the President on 24 May 1992; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 30 May 1992, pp. 99-100, s. 3. \r\n5Substituted for the word “six” by the Code of Civil Procedure (Punjab Amendment) Act 2020 (XIV of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 11 August 2020, pp. 557-560, s. 7. \r\n6Subsections (2), (3) and (4) were added by the Civil Laws (Reforms) Act, 1994 ( XIV of 1994); assented to by the President on \r\n27 July 1994; and, was published in the Gazette of Pakistan (Extraordinary), dated: 31 July 1994, pp. 683 -688, s. 10.  They \r\nwere earlier omitted by the Civil Laws (Reforms) Ordinance, 1994 (VI of 1994), p ublished in the Gazette of Pakistan \r\n(Extraordinary), dated: 13 January 1994, pp. 9-14, s. 10. They were earlier added by the Law Reforms Ordinance, 1972 (XII of \r\n1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 April 1972, pp. 526-583 s. 2 read with the Schedule. \r\n7Substituted for the “full stop” by the Code of Civil Procedure (Punjab Amendment) Act 2020 (XIV of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 11 August 2020, pp. 557-560, s. 7. \r\n8Inserted by the Code of Civi l Procedure (Punjab Amendment) Act 2018 (XIV of 2018), published in the Punjab Gazette \r\n(Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 19. \r\n9The words „„THE CHARTERED‟‟ were omitted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented \r\nto by the President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. \r\n725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. \r\n10The expression „„which are, or may he reafter be, [constituted by His Majesty by Letters Patent]‟‟ was omitted ibid. The words \r\nin crotches were earlier substituted for the words “established under the Indian High Courts Act, 1861, [or the Government of  \r\nIndia Act, 1915,]”   by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India \r\n(Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. The words in crotches were inserted by \r\nthe  Amending Act, 1916 (XIII of 1916), publis hed in the Punjab Gazette, dated: 9 February 1917, pp. 6 -8, s. 2 read with the \r\nSchedule. \r\n117. Application of Code to High Courts .– Save as provided in this Part or in \r\nPart X or in rules, the provisions of this Code shall apply to \r\n1\r\n[*] High Courts. \r\n118. Execution of decree before ascertainment of costs .– Where any \r\n2\r\n[*] \r\nHigh Court considers it necessary that a decree passed in the exercise of its \r\noriginal civil jurisdiction should be executed befo re the amount of the costs incurred \r\nin the suit can be ascertained by taxation, the Court may order that the decree shall \r\nbe 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 \r\nexecuted as soon as the amount of the costs shall be ascertained by taxation. \r\n119. Unauthorized persons not to address Court .– Nothing in this Code shall \r\nbe deemed to authorize any person on behalf of another to address the Court \r\nin the exercise of its original civil jurisdiction, or to examine witnesses, except \r\nwhere the Court shall have in the exercise of the power conferred by its charter \r\nauthorized him so to do, or to interfere with the power of the High Court to make \r\nrules concerning advocates, vakils and attorneys.  \r\n120. Provisions not applicable to High Court in original civil  \r\n3\r\n[* *]  \r\njurisdiction.– (1) The following provisions shall not apply to the High Court in \r\nthe exercise of its original civil jurisdiction, namely, sections 16, 17  and 20.  \r\n4\r\n[(2) * * * * * * * * *    * * * * * * * * * * * *   ] \r\n                                                \r\n1The word „„such‟‟ was omitted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the \r\nPresident on 7 June 1960; and, was published in t he Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. \r\n3 read with the Second Schedule: it came into force on 14 October 1955. \r\n2The word „„such‟‟ was omitted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the \r\nPresident on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. \r\n3 read with the Second Schedule: it came into force on 14 October 1955. \r\n3The words “or insolvent” were deemed to be repea led by virtue of omission of subsection (2) by the Presidency­towns \r\nInsolvency Act, 1909 (III of 1909), published in the Gazette of India, dated: 12 March 1909, pp. 5-33, s. 127 read with the Third \r\nSchedule. \r\n4Repealed ibid. \r\nPART X \r\nRULES \r\n121. Effect of rules in First Schedule .– The rules in the First Schedule shall \r\nhave effect as if enacted in the body of this Code until annulled or altered in \r\naccordance with the provisions of this Part. \r\n122. Power of certain High  Courts to make rules.– 1\r\n[The High Courts] \r\n2\r\n[* * * * * \r\n* *], may, from time to time after previous publication, make rules regulating their \r\nown procedure and the procedure of the Civil Courts subject to their \r\nsuperintendence, and may by such rules annul, alter or add to all or any of the \r\nrules in the First Schedule. \r\n123. Constitution of Rule Committees in certain provinces .– (1) A \r\nCommittee, to be called the Rule Committee, shall be constituted at \r\n3\r\n[the town \r\nwhich is the usual place of sitting of each of the High Courts \r\n4\r\n[* * * * *]  referred to \r\nin 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 \r\nsuch Committee is constituted, one of whom at least has served \r\nas a District Judge or \r\n5\r\n[ * * *] a Divisional Judge for three years, \r\n6\r\n[(b) * * * * * * * * * * * * * * * * * * * * *   ] \r\n1\r\n[(c) two advocates practising in that Court, and] \r\n                                                \r\n1Substituted for the expression „„Courts which are High Courts for the purposes of the Government of India Act, 1935‟‟ by the \r\nCentral Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was \r\npublished in the Gazette of Pakistan (Extraordi nary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it \r\ncame into force on 14 October 1955. Earlier, time to time, certain expressions were inserted and deleted by  the Adaptation of \r\nCentral Acts and Ordinances Order, 1949 (G.G.O. No.  4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: \r\n28 March 1949, pp. 223-283, Article 3 read with the Schedule, by the Government of India (Adaptation of Indian Laws) Order, \r\n1937, published in the Gazette of India (Extraordinary), d ated: 1 April 1937, pp. 75 -344, Article 3 read with the First Schedule, \r\nby the Oudh Courts (Supplementary) Act, 1925 (XXXII of 1925), published in the Gazette of India, dated: 3 October 1925, p. \r\n62, s. 2 read with the Schedule  and by the Amending Act, 1916  (XIII of 1916), published in the Punjab Gazette, dated: 9 \r\nFebruary 1917, pp. 6-8, s. 2 read with the Schedule respectively. \r\n2The words „„and the [Chief Court of Lower Burma]‟‟ were repealed by the Repealing and Amending Act, 1923 (XI of 1923), \r\npublished in the Gazette of India, dated: 10 March 1923, pp. 51-56, s. 3 read with the Second Schedule. The words in crotches \r\nwere earlier substituted for the words „„Chief Courts of the Punjab and Lower Burma‟‟ by the Repealing and Amending Act, \r\n1919 (XVIII of 1919) ,  published in the Gazette of India (Extraordinary), dated: 20 September 1919, pp. 39 -47, s. 2 read with \r\nthe First Schedule. \r\n3Substituted for expression „„each of the towns of Calcutta, Madras, Bombay, Allahabad, Lahore and Rangoon.‟‟  by the \r\nAmending Act , 1916 (XIII of 1916), published in the Punjab Gazette, dated: 9 February 1917, pp. 6 -8, s. 2 read with the \r\nSchedule. \r\n4The words „„and of the Chief Court‟‟ were omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. 4 of \r\n1949), publis hed in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223 -283, Article 3 read with the \r\nSchedule. They were earlier inserted  by the Oudh Courts (Supplementary) Act, 1925 (XXXII of 1925), published in the Gazette \r\nof India, dated: 3 October 1925, p. 62, s. 2 read with the Schedule. They were earlier repealed by the Repealing and Amending \r\nAct, 1923 (XI of 1923), published in the Gazette of India, dated: 10 March 1923, pp. 51 -56, s. 3 read with the Second \r\nSchedule. They were earlier substituted for the words “Chief Courts” by the Repealing and Amending Act, 1919 (XVIII of 1919), \r\npublished in the Gazette of India (Extraordinary), dated: 20 September 1919, pp. 39-47, s. 2 read with the First Schedule. \r\n5The expression “(in Burma)” was omitted by  the Repealing and Amending Act, 1923 (XI of 1923), published in the Gazette of \r\nIndia, dated: 10 March 1923, pp. 51 -56, s. 3 read with the Second Schedule. The said expression was earlier substituted for \r\nthe expression “(in the Punjab or Burma)” by the Rep ealing and Amending Act, 1919 (XVIII of 1919),  published in the Gazette \r\nof India (Extraordinary), dated: 20 September 1919, pp. 39-47, s. 2 read with the First Schedule. \r\n6Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 198 1), published in the Gazette of \r\nPakistan (Extraordinary) dated: 8 July 1981, pp.345-475, s. 3 read with the Second Schedule. \r\n(d) a Judge of a Civil Court subordinate to the High Court, \r\n2\r\n[*] \r\n3\r\n[(e) * * * * * * * * * * * * * * * * * * * * *   ] \r\n(3) The members of each such Committee shall be appointed by the \r\nChief Justice \r\n4\r\n[* * *], who shall also nominate one of their member to be \r\nPresident: \r\nProvided that, if the Chief Justice \r\n5\r\n[* * *] elects to be himself a member \r\nof a Committee, the number of other Judges appointed to be members shall be \r\ntwo, and the Chief Justice \r\n6\r\n[* * * ] shall be the President of the Committee. \r\n(4) Each member of any such Committee shall hold office for such period \r\nas may be prescribed by the Chief Justice \r\n7\r\n[* * *] in this behalf; and whenever \r\nany member retires, resigns, dies or ceases to reside in the province in which \r\nthe Committee was constituted, or becomes incapable of acting as a member of \r\nthe Committee, the said Chief Justice \r\n8\r\n[* * *] may appoint another person to be a \r\nmember in his stead. \r\n(5) There shall be a Secretary to each such Committee, who shall be \r\nappointed by the Chief Justice \r\n9\r\n[* * *] and shall receive such remuneration as \r\nmay be provided in this behalf \r\n10\r\n[by the Provincial Government]. \r\n124. Committee to report to High Court .– Every Rule Committee shall make a \r\nreport to the High Court established at the town at which it is constituted on any \r\nproposal to annul, alter or add to the rules in the First Schedule or to make new \r\nrules, and before making any rules under section 122 the High Court shall take \r\nsuch report into consideration. \r\n11\r\n[125. Power of other High Courts to make rules.– * * * * * * * * *   ] \r\n1\r\n[126. Rules to be subje ct to approval .– Rules made under the foregoing \r\nprovisions shall be subject to the previous approval of the Government of the \r\n                                                                                                                                                  \r\n1Substituted ibid. \r\n2The word “and” was omitted by  the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published \r\nin the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n3Omitted ibid. \r\n4The words “or Chief Judge” were omitted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by \r\nthe President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, \r\ns. 3 read with the Second Schedule: it came into force on 14 October 1955. \r\n5Ibid. \r\n6The words “or Chief Judge” were omitted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by \r\nthe President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, \r\ns. 3 read with the Second Schedule: it came into force on 14 October 1955. \r\n7Ibid. \r\n8The words “or Chief Judge” were omitted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by \r\nthe President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, \r\ns. 3 read with the Second Schedule: it came into force on 14 October 1955. \r\n9Ibid. \r\n10Substituted for the expression  “by the Governor-General in Council or by the Local Government, as the case may be” by the \r\nGovernment of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April \r\n1937, pp. 75-344, Article 3 read with the First Schedule.  \r\n11Omitted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to b y the President on 7 June 1960; \r\nand, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second \r\nSchedule: it came into force on 14 October 1955.  \r\nProvince in which the Court whose procedure the rules regulate is situate or, if \r\nthat Court is not situate in any Province, to the previous approval of the \r\n2\r\n[Federal \r\nGovernment].] \r\n127. Publication of rules .– Rules so made and \r\n3\r\n[approved] shall be \r\npublished in the \r\n4\r\n[Official Gazette], and shall from the date of publication or from \r\nsuch other date as may be specified have the same force and effect, within the \r\nlocal limits of the jurisdiction of the High Court which made them, as if they had \r\nbeen contained in the First Schedule. \r\n128. Matters for which rules may provide .– (1) Such rules shall be not \r\ninconsistent with the provisions in the body of this Code, but, subject thereto, \r\nmay provide for any matters relating to the procedure of Civil Courts. \r\n (2) In particular, and without prejudice to the generality of the powers \r\nconferred by sub­section (1), such rules may provide for all or any of the following \r\nmatters, namely:– \r\n(a) the service of summonses, notices and other processes by post \r\nor in any other manner either generally or in any specified areas, \r\nand the proof of such service; \r\n(b) the maintenance and custody, while under attachment, of live­stock \r\nand other moveable property, the fees payable for such \r\nmaintenance and custody, the sale of such live­stock and property \r\nand the proceeds of such sale; \r\n(c) procedure in suits by way of counterclaim, and the valuation of such \r\nsuits for the purposes of jurisdiction; \r\n(d) procedure in garnishee and charging orders either in addition to, or \r\nin substitution for, the attachment and sale of debts; \r\n(e) procedure where the defendant claims to be entitled to \r\ncontribution or indemnity over against any person whether a party to \r\nthe suit or not; \r\n(f) summary procedure – \r\n(i) in suits in which the plaintiff seeks only to recover a debt or \r\nliquidated demand in money payable by the defendant, \r\nwith or without interest, arising on a contract express or \r\nimplied; or \r\n                                                                                                                                                  \r\n1Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India \r\n(Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.  \r\n2Substituted for the word “President” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in Gazette \r\nof Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article  \r\n2 read with the Schedule. It was earlier substituted for the words “Governor General” by the Government of India (Adaptation of \r\nIndian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with \r\nthe Table of General Adaptations. \r\n3Substituted for the word “sanctioned” by the Repealing and Amending Act, 1917 (XXIV of 1917), assented to by the Governor-\r\nGeneral on 27 September 1917; and, was published in the Gazette of India (Extraordinary), dated: 29 September 1917, pp. 73-\r\n76, s. 2 read with the First Schedule. \r\n4Substituted for the expression “Gazette of India or in the local official Gazette, as the ca se may be” by the Government of \r\nIndia (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -\r\n344, Article 4. \r\non an enactment where the sum sought to be recovered is a \r\nfixed sum of money or in the nature of a debt other than a \r\npenalty; or \r\non a guarantee, where the claim against the principal is in \r\nrespect of a debt or a liquidated demand only; or  \r\non a trust; or \r\n(ii) in suits for the recovery of immoveable property, with or \r\nwithout a claim for rent or mesne profits, by a landlord against \r\na tenant whose term has expired or bas been duly determined \r\nby notice to quit, or has become liable to forfeiture for \r\nnon­payment of rent, or against persons claiming under such \r\ntenant; \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 \r\nof the Court of any judicial, quasi­judicial and non­judicial duties; \r\n1\r\n[*] \r\n(j) all forms, registers, books, entries and accounts which may be \r\nnecessary or desirable for the transaction of the business of Civil \r\nCourts \r\n2\r\n[; and] \r\n3\r\n[(k) case management.] \r\n129. Power of  \r\n4\r\n[*] High Courts to make rules as to their original civil \r\nprocedure.– Notwithstanding anything in this Code, any High Court \r\n5\r\n[* * * * * * *],  \r\nmay make such rules not inconsistent with \r\n6\r\n[its Letters Patent] to regulate its own \r\nprocedure in the exercise of its original civil jurisdiction as it shall think fit, and \r\nnothing herein contained shall affect the validity of any such rules in force at the \r\ncommencement of this Code. \r\n7\r\n[130. Power of other High Courts to make rules as to matters other than \r\nprocedure.– * * * * * * * * * * * * * * * * * * * * *   ] \r\n                                                \r\n1The word “and” was omitted by the Code of Civil Procedure (Punjab Amendment) Act 2020 (XIV of 2020), published in the \r\nPunjab Gazette (Extraordinary), dated: 11 August 2020, pp. 557-560, s. 8. \r\n2Substituted ibid., for the “full stop”. \r\n3Added by the Code of Civil Procedure (Punjab Amendment) Act 2020 (XIV of 2020), published in the Punjab  Gazette \r\n(Extraordinary), dated: 11 August 2020, pp. 557-560, s. 8. \r\n4The word “Chartered” was omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), \r\npublished in the Gazette of Pakistan (Extraordinary) dated: 8 July 1981, pp.345-475, s. 3 read with the Second Schedule. \r\n5The words “constituted by His Majesty by Letters Patent” were omitted by the Central Laws (Statute Reform) Ordinance, 1960 \r\n(XXI of 1960); assented to by the President on 7 June 1960; and, was published in the  Gazette of Pakistan (Extraordinary), \r\ndated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came into force on 14 October 1955.  They were \r\nearlier substituted for the words “established under the Indian High Courts Act, 1861 [,or the Gover nment of India Act, 1915]”  \r\nby the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 \r\nApril 1937, pp. 75 -344, Article 3 read with the First Schedule. The words in crotches were earlier in serted by the  Amending \r\nAct, 1916 (XIII of 1916), published in the Punjab Gazette, dated: 9 February 1917, pp. 6-8, s. 2 read with the Schedule. \r\n6Substituted for the words “the Letters Patent establishing it” by the Central Laws (Statute Reform) Ordinance,  1960 (XXI of \r\n1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 \r\nJune 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. \r\n7Omitted by the Cen tral Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister exercising the functions of \r\nPresident under Article 2 of the State Arrangements Order, 1959  on 21 January 1961; and, was published in the Gazette of \r\nPakistan (Extraordinary), date d: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it came into force on 23 \r\nMarch 1956. Certain amendments were made by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of \r\n131. Publication of rules .– Rules made in accordance with section 129 \r\n1\r\n[* * *] \r\nshall be published in the \r\n2\r\n[official Gazette] and shall from the date of publication or \r\nfrom such other date as may be specified have the force of law. \r\nPART XI  \r\nMISCELLANEOUS \r\n132. Exemption of certain women from personal appearance .– (1) Women \r\nwho, according to the customs and manners of the country, ought not to be \r\ncompelled to appear in public shall be exempt from personal appearance in Court. \r\n (2) Nothing herein contained shall be deemed to exempt such women \r\nfrom arrest in execution of civil process in any case in which the arrest of women is \r\nnot prohibited by this Code. \r\n133. Exemption of o ther persons .– (1) The \r\n3\r\n[Provincial Government] may, by \r\nnotification in the \r\n4\r\n[official Gazette], exempt from personal appearance in Court \r\nany person whose rank, in the opinion of such Government, entitles him to the \r\nprivilege of exemption. \r\n (2) The names and residences of the persons so exempted shall, from \r\ntime to time, be forwarded to the High Court by the \r\n5\r\n[Provincial Government] and a \r\nlist of such persons shall be kept in such Court, and a list of such persons as \r\nreside within the local limits of the jurisdiction of each Court subordinate to the \r\nHigh Court shall be kept in such subordinate Court. \r\n (3) Where any person so exempted claims the privilege of such \r\nexemption, and it is consequently necessary to examine him by commission, he \r\nshall pay the costs of that commission, unless the party requiring his evidence \r\npays such costs. \r\n134. Arrest other than in execution of decree .– The provisions of sections 55, \r\n57 and 59 shall apply, so far as may be, to all persons arrested under this Code. \r\n135. Exemption fro m arrest under civil process .– (1) No Judge, Magistrate \r\nor other judicial officer shall be liable to arrest under civil process while going to, \r\npresiding in, or returning from, his Court. \r\n (2) Where any matter is  pending before a tribunal having jurisdiction \r\ntherein, or believing in good faith that it has such jurisdiction, the parties \r\n                                                                                                                                                  \r\n1949), published in the Gazette of Pakistan ( Extraordinary), dated: 28 March 1949, pp. 223 -283, Article 3 read with the \r\nSchedule; by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India \r\n(Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with  the First Schedule ; by the Repealing and Amending Act, \r\n1917 (XXIV of 1917), assented to by the Governor-General on 27 September 1917; and, was published in the Gazette of India \r\n(Extraordinary), dated: 29 September 1917, pp. 73 -76, s. 2 read with the First  Schedule; and by the Amending Act, 1916 (XIII \r\nof 1916), published in the Punjab Gazette, dated: 9 February 1917, pp. 6-8, s. 2 read with the Schedule. \r\n1The expression “or section 130” was omitted ibid. \r\n2Substituted for the expression “Gazette of India or in the local official Gazette, as the case may be,” by the Government of \r\nIndia (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -\r\n344, Article 4 read with the Table of General Adaptations. \r\n3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n4Ibid., for the words “local official Gazette”. \r\n5Ibid., for the words “Local Government”. \r\nthereto, their pleaders, mukhtars, revenue­agents and recognized agents, and \r\ntheir 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 \r\nCourt while going to or attending such tribunal for the purpose of such matter, and \r\nwhile returning from such tribunal. \r\n (3) Nothing in sub­section (2) shall enable a judgment­debtor to claim \r\nexemption from arrest under an order for immediate execution or where such \r\njudgment­debtor attends to show cause why he should not be committed to prison \r\nin execution of a decree. \r\n1\r\n[135A. Exemption of members of legislative bodies from arrest and detention \r\nunder civil process .– (1) No person shall be liable to arrest or detention in prison \r\nunder civil process– \r\n2\r\n[(a) if  he  is  member  of  a  \r\n3\r\n[*]  Legislature  \r\n4\r\n[* * * * * * * *]  \r\n5\r\n[* * * * * * * * *], \r\nduring  the continuance  of  any meeting of  such Legislature \r\n6\r\n[* *];] \r\n(b) if he is member of any committee of such \r\n7\r\n[Legislature \r\n8\r\n[* *] ], during \r\nthe continuance of any meeting of such committee; \r\n9\r\n[(c) * * * * * * * * * * * * * * * * * * * * *   ] \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, \r\nsubject to the provisions of the said sub­section, be liable to re­arrest and to the \r\nfurther detention to which he would have been liable if he had not been released \r\nunder the provisions of sub­section (1).] \r\n136. Procedure where person to be arrested or property to be attached is \r\noutside district .– (1) Where an application is made that any person shall be \r\narrested or that any property shall be attached under any provision of this Code \r\nnot relating to the execution of decrees, and such person resides or such \r\nproperty is situate outside the local limits of the jurisdiction of the Court to which \r\nthe application is made, the Court may, in its discretion, issue a warrant of \r\n                                                \r\n1Inserted by the Legislative Members Exemption Act, 1925 (XXIII of 1925), published in the Gazette of India, dated: 19 \r\nSeptember 1925, p. 47, s. 3. \r\n2Substituted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India \r\n(Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n3The word “unicameral” was omitted by  the Adaptation of Central Acts a nd Ordinances Order, 1949 (G.G.O. 4 of 1949), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n4The words “or of either Chamber of a bicameral Legislature” were omitted ibid. \r\n5The expression “constituted under the Government of India Act, 1935” was omitted  by the Central Laws (Adaption) Order, \r\n1961 (P.O. No. 1 of 1961); made by the Minister exercising the functions of President under Article 2 of the State \r\nArrangements Order, 1959  o n 21 January 1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 24 \r\nJanuary 1961, pp. 102-163, Article 2 read with the Schedule: it came into force on 23 March 1956. \r\n6The words “or Chamber” were omitted by  the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n7Substituted for the words “Chamber or Council”  by the Government of India ( Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n8The words “or Chamber” were omitted by the Adaptation of Central Acts and Ordinances Order,  1949 (G.G.O. No. 4 of 1949), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n9Omitted ibid. It was earlier substituted by the Government of India (Adaptation of Indian Laws) Order,  1937, published in the \r\nGazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\narrest or make an order of attachment, and send to the District Court within the \r\nlocal limits of whose jurisdiction such person or property resides or is situate a \r\ncopy of the warrant or order, together with the probable amount of the costs of \r\nthe arrest or attachment. \r\n (2) The District Court shall, on receipt of such copy and amount, cause \r\nthe arrest or attachment to be made by its own officers, or by a Court subordinate \r\nto itself, and shall inform the Court which issued or made such warrant or order of \r\nthe arrest or attachment. \r\n (3) The Court making an arrest under this location shall send the \r\nperson arrested to the Court by which the warrant of arrest was issued, unless \r\nhe shows cause to the satisfaction of the former Court why he should not be \r\nsent to the latter Court, or unless he furnishes sufficient security for his \r\nappearance before the latter Court or for satisfying any decree that may be \r\npassed against him by that Court, in either of which cases the Court making the \r\narrest shall release him. \r\n1\r\n[(4) * * * * * * * * * * * * * * * * * * * * *   ] \r\n137. Language of subordinate Courts .– (1) The language which, on the \r\ncommencement of this Code, is the language of any Court subordinate to a High \r\nCourt shall continue to be the language of such subordinate Court until the \r\n2\r\n[Provincial Government] otherwise directs. \r\n (2) The \r\n3\r\n[Provincial Government] may declare what shall be the language \r\nof any such Court and in what character applications to and proceedings in such \r\nCourt shall be written. \r\n (3) Where this Code requires or allows anything other than the recording \r\nof evidence to be done in writing in any such Court, such writing may be in \r\nEnglish; but if any party or his pleader is unacquainted with English a \r\ntranslation into the language of the Court shall, at his request, be supplied to him; \r\nand the Court shall make such order as it thinks fit in respect of the payment of \r\nthe costs of such translation. \r\n138. Power of High Court to require evidence to be recorded in English .– (1) \r\nThe \r\n4\r\n[High Court] may, by notification in the \r\n5\r\n[Official Gazette], direct with respect \r\nto any Judge specified in the notification, or falling under a description set forth \r\ntherein, that evidence in cases in which an appeal is allowed shall be taken down \r\nby him in the English language and in manner prescribed. \r\n                                                \r\n1Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of \r\nPakistan (Extraordinary), dated: 28 March 1949, pp. 223 -283, Article 3 read with the Schedule. It was earlier amended by the \r\nGovernment of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 Apri l \r\n1937, pp. 75-344, Article 3 read with the First Schedule. \r\n2Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n3Ibid. \r\n4Substituted for the words “Local Government” by the Decentralization Act, 1914 (IV of 1914), published in the Gazette of India, \r\ndated: 25 February 1914, pp. 21-32, s. 2 read with the Schedule. \r\n5Substituted for the words “local official Gazette” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 4 read with the Table of General \r\nAdaptations. \r\n (2) Where a Judge is prevented by any sufficient reason from \r\ncomplying with a direction under sub­section (1), he shall record the reason and \r\ncause the evidence to be taken down in writing from his dictation in open Court. \r\n139. Oath on affidavit by whom to be administered .– In the case of any \r\naffidavit 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 \r\nbehalf, or \r\n(c) any officer appointed by any other Court which the \r\n1\r\n[Provincial \r\nGovernment] has generally or specially empowered in this behalf, \r\nmay administer the oath to the deponent. \r\n140. Assessors in causes of salvage, etc .– (1) In any Admiralty or Vice-\r\nadmiralty cause of salvage, towage or collision, the Court, whether it be \r\nexercising its original or its appellate jurisdiction, may, if it thinks fit, and shall upon \r\nrequest of either party to such cause, summon to its assistance, in such manner \r\nas it may direct or as may be prescribed, two competent assessors; and such \r\nassessors shall attend and assist accordingly. \r\n (2) Every such assessor shall receive such fees for his attendance, to be \r\npaid by such of the parties as the Court may direct or as may be prescribed. \r\n2\r\n[141. Proceedings regarding interlocutory app lications.– (1) The Court hearing a suit \r\nshall concurrently hear the interlocutory applications filed in the suit according to such \r\ntimelines and in such manner as may be prescribed. \r\n(2) The filing of any application under subsection (1), including an appl ication for the \r\nrejection of the plaint or dismissal of a suit, shall be no ground to halt the proceedings in the \r\nsuit or to dispense with or waive the requirement of filing a written statement within the \r\ntimelines as provided in this Code.] \r\n142. Orders an d notices to be in writing .– All orders and notices served on or \r\ngiven to any person under the provisions of this Code shall be in writing. \r\n143. Postage.– Postage, where chargeable on a notice, summons or letter \r\nissued under this Code and forwarded by post, and the fee for registering the \r\nsame, shall be paid within a time to be fixed before the communication is made: \r\nProvided that the \r\n3\r\n[Provincial Government], \r\n4\r\n[* * * * * * * * * *],  may remit \r\nsuch postage, or fee, or both, or may prescribe a scale of court­fees to be levied in \r\nlieu thereof. \r\n                                                \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n2Substituted by the Code of Civil Procedure (Punjab Amendment) Act 2020 (XIV of 2020), published in the Punjab Gazette \r\n(Extraordinary), dated: 11 August 2020, pp. 557-560, s. 9. \r\n3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n4The words “with the previous sanction of the Governor  General in Council” were omitted by the Devolution Act, 1920 (XXXVIII \r\nof 1920), published in the Government Gazette, Punjab and its Dependencies, dated: 24 September 1920, pp. 127 -153, s. 2 \r\nread with the First Schedule. \r\n144. Application for restitution .– (1) Where and in so far as a decree is varied \r\nor reversed, the Court of first instance shall, on the application of any party \r\nentitled to any benefit by way of restitution or otherwise, cause such restitution \r\nto be made as will, so far as may be, place the parties in the position which they \r\nwould 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 \r\norders for the refund of costs and for the payment of interest, damages, \r\ncompensation and mesne profits, which are properly consequential on such \r\nvariation or reversal. \r\n (2) No suit shall be instituted for the purpose of obtaining any \r\nrestitution or other relief which could be obtained by application under sub­section \r\n(1). \r\n145. Enforcement of liability of surety .– Where any person has become liable \r\nas 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 \r\ncondition imposed on any person, under an order of the Court in any \r\nsuit or in any proceeding consequent thereon,  \r\nthe decree or order may be executed against him, to the extent to \r\nwhich he has rendered himself personally liable, in the manner \r\nherein provided for the execution of decrees, and such person \r\nshall, for the purposes of appeal, be deemed a party within the \r\nmeaning of section 47: \r\nProvided that such notice as the Court in each case thinks sufficient has \r\nbeen given to the surety. \r\n146. Proceedings by or against representatives .– Save as otherwise provided \r\nby this Code or by any law for the time being in force, where any proceeding \r\nmay be taken or application made by or against any person, then the \r\nproceeding may be taken or the application may be made by or against any \r\nperson claiming under him. \r\n147. Consent or agreement by person under  disability.– In all suits to which \r\nany person under disability is a party, any consent or agreement as to any \r\nproceeding shall, if given or made with the express leave of the Court by the next \r\nfriend or guardian for the suit, have the same force and effect as if such person \r\nwere 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 \r\nfor the doing of any act prescribed or allowed by this Code, the Court may, in its \r\ndiscretion, from time to, enlarge such period, even though the period originally \r\nfixed or granted may have expired. \r\n149. Power to make up deficiency of court­fees .– Where the whole or any \r\npart of any fee prescribed for any document by the law for the time being in \r\nforce relating to court­fees has not been paid, the Court may, in its discretion, at \r\nany stage, allow the person, by whom such fee is payable, to pay the whole or \r\npart, as the case may be, of such court­fee; and upon such payment the \r\ndocument, in respect of which such fee is payable, shall have the same force and \r\neffect as if such fee had been paid in the first instance. \r\n150. Transfer of business .– Save as otherwise provided, where the \r\nbusiness of any Court is transferred to any other Court, the Court to which the \r\nbusiness is so transferred shall have the same powers and shall perform the \r\nsame duties as those respectively conferred and imposed by or under this Code \r\nupon the Court from which the business was so transferred. \r\n151. Saving of inherent po wers of Court .– Nothing in this Code shall be \r\ndeemed to limit or otherwise affect the inherent power of the Court \r\n1\r\n[, to be \r\nexercised after recording reasons in writing, ] to make such orders as may be \r\nnecessary 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 \r\nmistakes in judgments, decrees or orders or errors arising therein from any \r\naccidental slip or omission may at any time be corrected by the Court either of its \r\nown 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 \r\nterms as to costs or otherwise as it may think fit, amend any defect or error in \r\nany proceeding in a suit; and all necessary amendments shall be made for the \r\npurpose of determining the real question or issue raised by or depending on \r\nsuch proceeding. \r\n2\r\n[154. Saving of present right of appeal.– * * * * * * * * * * * *   ] \r\n3\r\n[155. Amendment of certain Acts.– * * * * * * * * * * * * *   ] \r\n4\r\n[156. Repeals.– * * * * * * * * * * * * * * * * * * *   ] \r\n157. Continuance of orders under repealed enactments .– Notifications \r\npublished, declarations and rules made, places appointed, agreements filed, \r\nscales prescribed, forms framed, appointments made and powers conferred \r\nunder Act VIII of 1859 or under any Code of Civil Procedure or any Act amending \r\nthe same or under any other enactment hereby repealed shall, so far as they \r\nare consistent with this Code, have the same force and effect as if they had \r\nbeen respectively published, made, appointed, filed, prescribed, framed and \r\nconferred under this Code and by the authority empowered thereby in such \r\nbehalf. \r\n                                                \r\n1Inserted by the Code of Civil Procedure (Punjab Amendment) Act 2018 (XI V of 2018), published in the Punjab Gazette \r\n(Extraordinary), dated: 20 March 2018, pp. 6695-6698, s. 20. \r\n2Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published in the Gazette of \r\nPakistan (Extraordinary) dated: 8 July 1981, pp.345-475, s. 3 read with the Second Schedule. \r\n3Ibid. \r\n4Repealed by the Second Repealing and Amending Act, 1914 (XVII of 1914), published in the Gazette of India, dated: 19 \r\nSeptember 1914, pp. 68-72, s. 3 read with the Second Schedule. \r\n158. Reference to Code of Civil Procedure and other repealed enactments .– \r\nIn every enactment or notification passed or issued before the commencement of \r\nthis Code in which reference is made to or to any Chapter or section of Act VIII of \r\n1859 or any Code of Civil Procedure or any Act amending the same or any other \r\nenactment hereby repealed, such reference shall, so far as may be practicable, be \r\ntaken to be made to this Code or to its corresponding Part, Order, section or rule. \r\n1\r\n[159.  Savings of proceedings .– All proceedings instituted prior to coming into \r\nforce of the Code of Civil Procedure (Punjab A mendment) Act 2020 shall be dealt in \r\naccordance with the provisions of the Act which existed prior to coming into force of \r\nthe Code of Civil Procedure (Punjab Amendment) Act 2020. \r\nExplanation.– In this section, the expression “proceedings” includes suits, appeals, \r\nreviews, revisions, execution applications and anything incidental thereto.] \r\n                                                \r\n1Inserted by the Code of Civil Procedure (Punjab Amendment) Act 2020 (XIV of 2020), published in the Punjab Gazette \r\n(Extraordinary), dated: 11 August 2020, pp. 557-560, s. 10. \r\nTHE FIRST SCHEDULE \r\nORDER I \r\nParties to Suits \r\n1. Who may be joined as plaintiffs .– All persons may be joined in one suit \r\nas plaintiffs in whom any right to relief in respect of or arising out of the same \r\nact or transaction or series of acts or transactions is alleged to exist, whether \r\njointly, severally or in the alternative, where, if such persons brought separate \r\nsuits, any common question of law or fact would arise. \r\n2. Power of Court to order separate trials .– Where it appears to the Court \r\nthat any joinder of plaintiffs may embarrass or delay the trial of the suit, the Court \r\nmay put the plaintiffs to their election or order separate trials or make such other \r\norder as may be expedient. \r\n3. Who may be joined as defendants .– All persons may be joined as \r\ndefendants against whom any right to relief in respect of or arising out of the same \r\nact or transaction or series of acts or transactions is alleged to exist, whether \r\njointly, severally or in the alternative, where if separate suits were brought against \r\nsuch persons any common question of law or fact would arise. \r\n4. Court may give judgment for or against one or more of joint parties .– \r\nJudgment may be given without any amendment– \r\n(a) for such one or more of the plaintiffs as may be found to be entitled \r\nto relief, for such relief as he or they may be entitled to; \r\n(b) against such one or more of the defendants as may be found to \r\nbe liable, according to their respective liabilities. \r\n5. Defendant need not be interested in all the relief claimed .–  It shall not \r\nbe necessary that every defendant shall be interested as to all the relief claimed in \r\nany suit against him. \r\n6. Joinder of parties liable on same contract .– The plaintiff may, at his \r\noption, join as parties to the same suit all or any of the persons severally, or \r\njointly and severally, liable on any one contract, including parties to bills of \r\nexchange, hundis and promissory notes. \r\n7. When plaintiff in doubt from whom redress is to be sought.–  Where the \r\nplaintiff is in doubt as to the person from whom he is entitled to obtain redress, he \r\nmay join two or more defendants in order that the question as to which of the \r\ndefendants is liable, and to what extent, may be determined as between all \r\nparties. \r\n8. One person may sue or defend on behalf of all in same interest .– (1) \r\nWhere there are nu merous persons having the same interest in one suit, one \r\nor more of such persons may, with the permission of the Court, sue or be sued, \r\nor may defend, in such suit, on behalf of or for the benefit of all persons so \r\ninterested. But the Court shall in such case give, at the plaintiff's expense, notice \r\nof the institution of the suit to all such persons either by personal service or, \r\nwhere from the number of persons or any other cause such service is not \r\nreasonably practicable, by public advertisement, as the Court in each case may \r\ndirect. \r\n (2) Any person on whose behalf or for whose benefit a suit is instituted \r\nor defended under sub­rule (1) may apply to the Court to be made a party to such \r\nsuit. \r\n9. Misjoinder and non -joinder.– No suit shall be defeated by reason of \r\nthe misjoinder or non­joinder of parties, and the Court may in every suit deal \r\nwith the matter in controversy so far as regards the rights and interests of the \r\nparties actually before it. \r\n10. Suit in name of wrong plaintiff .– (1) Where a suit has been instituted in \r\nthe name of the wrong person as plaintiff or where it is doubtful whether it has \r\nbeen instituted in the name of the right plaintiff, the Court may at any stage of the \r\nsuit, if satisfied that the suit has been instituted through a bona fide mistake, and \r\nthat 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 \r\nthe Court thinks just. \r\n (2) Court may strike out or add parties .– The Court may at any stage \r\nof the proceedings, either upon or without the application of either party, and on \r\nsuch terms as may appear to the Court to be just, order that the name of any \r\nparty improperly joined, whether as plaintiff or defendant, be struck out, and that \r\nthe 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 \r\nenable the Court effectually and completely to adjudicate upon and settle all the \r\nquestions involved in the suit, be added. \r\n (3) No person shall be added as a plaintiff suing without a next friend \r\nor as the next friend of a plaintiff under any disability without his consent. \r\n (4) Where defendant added, plaint to be amended .– Where a \r\ndefendant is added, the plaint shall, unless the Court otherwise directs, be \r\namended in such manner as may be necessary, and amended copies of the \r\nsummons 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 \r\n1\r\n[Limitation Act, 1908 (IX of \r\n1908)],  section 22, the proceedings as against any person added as \r\ndefendant shall be deemed to have begun only on the service of the summons. \r\n2\r\n[11. Conduct of suit.– The Court shall, at the time of framing of the issues, give \r\nthe conduct of the suit to such party as it deems proper for expeditious adjudication \r\nof the suit.] \r\n                                                \r\n1Substituted for the expression “Indian Limitation Act, 1877” by the Federal Laws (Revisi on and Declaration) Ordinance, 1981 \r\n(XXVII of 1981), published in the Gazette of Pakistan (Extraordinary) dated: 8 July 1981, pp. 345 -475, s. 3 read with the \r\nSecond Schedule. \r\n2Substituted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018;  issued by the Lahore High Court,  Lahore; and, \r\n12. Appearance of one of several plaintiffs or defendants for others .– (1) \r\nWhere there are more p laintiffs than one, any one or more of them may be \r\nauthorized by any other of them to appear, plead or act for such other in any \r\nproceeding; and in like manner, where there are more defendants than one, any \r\none or more of them may be authorized by any other of them to appear, plead or \r\nact for such other in any proceeding. \r\n (2) The authority shall be in writing signed by the party giving it and shall \r\nbe filed in Court.  \r\n13. Objections as to non­joinder or misjoinder .– All objections on the ground \r\nof non­joinder or misjoinder of parties shall be taken at the earliest possible \r\nopportunity and, in all cases where issues are settled, at or before such \r\nsettlement, unless the ground of objection has subsequently arisen, and any such \r\nobjection not so taken shall be deemed to have been waived. \r\nORDER II  \r\nFrame of Suit \r\n1. Frame of suit .– Every suit shall as far as practicable be framed so as to \r\nafford ground for final decision upon the subjects in dispute and to prevent further \r\nlitigation concerning them. \r\n2. Suit to include the whole claim .– (1) Every suit shall include the whole of \r\nthe claim which the plaintiff is entitled to make in respect of the cause of action; \r\nbut a plaintiff may relinquish any portion of his claim in order to bring the suit within \r\nthe jurisdiction of any Court. \r\n (2) Relinquishment of part of claim .– Where a plaintiff omits to sue in \r\nrespect of, or intentionally relinquishes, any portion of his claim, he shall not \r\nafterwards sue in respect of the portion so omitted or relinquished. \r\n (3) Omission to sue for one of several reliefs .– A person entitled to \r\nmore than one relief in respect of the same cause of action may sue for all or any \r\nof such reliefs; but if he omits, except with the leave of the Court, to sue for all such \r\nreliefs, he shall not afterwards sue for any relief so omitted. \r\nExplanation.– For the purposes of this rule an obligation and a collateral \r\nsecurity for its performance and successive claims arising under the same \r\nobligation shall be deemed respectively to constitute 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 \r\nyears 1905, 1906 and 1907 is due and unpaid. A sues B in 1908 only for the rent \r\ndue for 1906. A shall not afterwards sue B for the rent due for 1905 or 1907. \r\n3. Joinder of causes of action .– (1) Save as otherwise provided, a plaintiff \r\nmay unite in the same suit several causes of action against the same \r\ndefendant, or the same defendants jointly; and any plaintiffs having causes of \r\n                                                                                                                                                  \r\nwas published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 1: It came into force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, publishe d in the Punjab Weekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225. \r\naction in which they are jointly interested against the same defendant or the same \r\ndefendants 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 \r\nregards the suit shall depend on the amount or value of the aggregate \r\nsubject­matters at the date of instituting the suit. \r\n4. Only certain claims to be joined for recovery of immoveable property .– No \r\ncause of action shall, unless with the leave of the Court, be joined with a suit for \r\nthe recovery of immoveable property, except– \r\n(a) claims for mesne profits or arrears of rent in respect of the property \r\nclaimed or any part thereof; \r\n(b) claims for damages for breach of any contract under which the \r\nproperty or any part thereof is held; and \r\n(c) claims in which the relief sought is based on the same cause of \r\naction: \r\nProvided that nothing in this rule shall be deemed to prevent any party in a \r\nsuit for foreclosure or redemption from asking to be put into possession of the \r\nmortgaged property. \r\n5. Claims by or against executor, administrator or heir. – No claim by or \r\nagainst an executor, administrator or heir, as such, shall be joined with claims by \r\nor against him personally, unless the last mentioned claims are alleged to arise \r\nwith reference to the estate in respect of which the plaintiff or defendant sues or \r\nis sued as executor, administrator or heir, or are such as he was entitled to, or \r\nliable for, jointly with the deceased person whom he represents. \r\n6. Power of Court to order separate trials .– Where it appears to the Court that \r\nany causes of action joined in one suit cannot be conveniently tried or disposed \r\nof together, the Court may order separate trials or make such other order as may \r\nbe expedient. \r\n1\r\n[6-A. Consolidation of suits .– Where two or more suits or proceedings of the \r\nsame nature requiring determination of similar issues between the same parties \r\nare pending in relation to the sa me subject matter, the Court may, if considers it \r\nexpedient for avoiding multiplicity of litigation or conflict in judgments, direct the \r\nconsolidation of such suits or proceedings as one trial, whereupon all such suits \r\nor proceedings shall be decided on th e basis of the consolidated trial. ] \r\n7. Objections as to misjoinder .– All objections on the ground of misjoinder of \r\ncauses of action shall be taken at the earliest possible opportunity and, in all cases \r\nwhere issues arc settled, at or before such settlement, unless the ground of \r\nobjection has subsequently arisen, and any such objection not so taken shall be \r\ndeemed to have been waived. \r\n                                                \r\n1Inserted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and, was \r\npublished in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 2: It came into force on 1 November \r\n2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, Part -III, \r\ndated: 28 October 2020, p. 225. \r\n1\r\n[8. (1) Where an objection, duly taken, has been allowed by the Court, the plaintiff \r\nshall be permitted to select the cause of action with which he will proceed and shall, \r\nwithin a time to be fixed by the Court, amend the plaint by striking out the remaining \r\ncauses of action.  \r\n(2) When the plaintiff has selected the cause of action with which he will \r\nproceed, the Court shall pas s an order giving him time within which to submit \r\namended plaints for the remaining causes of action and for making up the court -\r\nfees that may be necessary. Should the plaintiff not comply with  the Court‟s order, \r\nthe Court shall proceed as provided in rule 18 of Order VI and as required by the \r\nprovisions of the Court -fees Act.] \r\nORDER III \r\nRecognized Agents and Pleaders \r\n1. Appearances, etc., may be in person, by recognized agent or by \r\npleader.– Any appearance, application or act in or to any Court, required or \r\nauthorized by law to be made or done by a party in such Court, may, except \r\nwhere otherwise expressly provided by any law for the time being in force, be \r\nmade or done by the party in person, or by his recognized agent, or by a pleader \r\n2\r\n[appearing, applying 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 \r\nthe party in person. \r\n2. Recognized agents .– The recognized agents of parties by whom such \r\nappearances, applications and acts may be made or done are– \r\n(a) persons holding powers­of­attorney, authorizing them to make and \r\ndo such appearances, applications and acts on behalf of such \r\nparties; \r\n(b) persons carrying on trade or business for and in the names of parties \r\nnot resident within the local limits of the jurisdiction of the Court within \r\nwhich limits the appearance, application or act is made or done, in \r\nmatters connected with such trade or business only, where no other \r\nagent is expressly authorized to make and do such appearances, \r\napplications and acts.  \r\n3. Service of process on recognized agent .– (1) Processes served on the \r\nrecognized agent of a party shall be as effectual as if the same had been \r\nserved on the party in person, unless the Court otherwise directs. \r\n (2) The provisions for the service of process on a party to a suit shall \r\napply to the service of process on his recognized agent. \r\n                                                \r\n1Added by the Notification No. 6  G, dated: 1 January 1909; issued by the Chief Court, Punjab; and, was published in the \r\nGovernment Gazette Punjab and its Dependencies, dated: 1 January 1909, pp. 2 -3. Above said Notification was confirmed by \r\nthe Notification No. 2212 G, dated: 12 May 1909 ; issued by the Chief Court, Punjab; and, was published in the Government \r\nGazette Punjab and its Dependencies, dated: 21 May 1909, p. 571. \r\n2Substituted for the words “duly appointed to act” by the Code of Civil Procedure (Second Amendment) Act, 1926 (XXII of \r\n1926), published in the Gazette of India, dated: 3 April 1926, p. 34, s. 2. \r\n1\r\n[4. Appointment of pleader .– (1) No pleader shall act for any person in any \r\nCourt, unless he has been appointed for the purpose by such person by a \r\ndocument in writing signed by such person or by his recognised  agent or by some \r\nother person duly authorised by or under a power of attorney to make such \r\nappointment. \r\n (2) Every such appointment shall be filed in Court and shall be \r\ndeemed to be in force until determined with the leave of the Court by a writing \r\nsigned by the client or the pleader, as the case may be, and filed in Court, or until \r\nthe client or the pleader dies, or until all proceedings in the suit are ended so far \r\nas regards the client. \r\n (3) For the purposes of sub­rule (2) an application for review of \r\njudgment, an application under section 144 or section 152 of this Code, any \r\nappeal from any decree or order in the suit and any application or act for the \r\npurpose of obtaining copies of documents or return of documents produced or filed \r\nin the suit or of obtaining refund of monies paid into the Court in connection with \r\nthe suit shall be deemed to be proceedings in the suit. \r\n (4) The High Court may, by general order, direct that, where the \r\nperson by whom a pleader is appointed is unable to write his name, his mark \r\nupon the document appointing the pleader shall be attested by such person and \r\nin such manner as may be specified by the order. \r\n (5) No pleader who has been engaged for the purpose of pleading only \r\nshall plead on behalf of any party, unless he has filed in Court a memorandum of \r\nappearance 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 authorised to appear: \r\nProvided that nothing in this sub­rule shall apply to any pleader engaged to \r\nplead on behalf of any party by any other pleader who has been duly appointed to \r\nact in Court on behalf of such party.] \r\n5. Service of process on  pleader.– Any process served on the pleader of \r\nany party or left at the office or ordinary residence of such pleader, and whether \r\nthe same is for the personal appearance of the party or not, shall be presumed \r\nto be duly communicated and made known to the party whom the pleader \r\nrepresents, and, unless the Court otherwise directs, shall be as effectual for all \r\npurposes as if the 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 \r\nrule 2 any person residing within the jurisdiction of the Court may be appointed an \r\nagent to accept service of process. \r\n(2) Appointment to be in writing and to be filed in Court .– Such \r\nappointment may be special or general and shall be made by an instrument in \r\nwriting signed by the principal, and such instrument or, if the appointment is general, \r\na certified copy thereof shall be filed in Court. \r\n                                                \r\n1Substituted by the Code of Civil Procedure (Second Amendment) Act, 1926 (XXII of 1926), published in the Gazette of India, \r\ndated: 3 April 1926, p. 34, s. 2. \r\nORDER IV \r\nInstitution of Suits \r\n1\r\n[1. Courts to be numbered. – For the purposes of this Code, the Courts shall be \r\nnumbered, identified and addressed with reference to the numbers allocated to \r\nthem. \r\n2. Commencement of proceedings in suit .– (1) Every suit shall be instituted, \r\nby presenting a plaint to a Court or such officer as it appoints in this behalf, and \r\nassigned to an Administrative Judge and a Trial Judge under the Code.  \r\n(2) Every plaint shall comply with the rules contained in Order VI and \r\nOrder VII, so far as they are applicable.  \r\n3. Register of suits .– The Administrative Judge shall cause the particulars of \r\nevery suit to be entered in a book to be kept for the purpose and called the register \r\nof civil suits. Such entry shall be numbered in every year according to the order in \r\nwhich the plaints are admitted. ] \r\n2\r\n[ORDER IV-A \r\nADMINISTRATIVE JUDGES \r\n1. Administrative Judg es.– The District Judge shall designate as many Civil \r\nJudges in the District as Administrative Judges as are necessary to the disposal of \r\nload of work with dispatch.  \r\n2. The Administrative Judge shall take and complete pre -trial proceedings in a \r\nsuit, after it has been registered, when he is satisfied that the plaint and the written \r\nstatement complies with the provisions of Orders VI and VII.  \r\n3. The pre -trial proceedings include the proceedings under Orders V, VIII, IX, \r\nIX-A, IX-B, X, XI, XII, XIII and XIV.  \r\n4. Upon taking and completing his pre -trial proceedings, the Administrative \r\nJudge shall cause the suit along with the entire record, placed on a specific date, \r\nbefore the Trial Judge for its trial under the Code:  \r\nProvided that the Administrative Judge, bef ore sending the suit, shall satisfy \r\nhimself that witnesses of the parties to the suit enter their appearance before the \r\nTrial Judge on the date when the suit is to be placed before him.  \r\n5. The Trial Judge, before commencement of trial, shall cause registr ation of \r\nthe suit in the register of civil suits in the manner provided in Order IV.]  \r\n                                                \r\n1Substituted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  \r\nwas published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 3: It came into force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225. \r\n2Inserted ibid., r. 4. \r\nORDER V \r\nIssue and Service of Summons \r\nIssue of Summons \r\n1. Summons.– (1) When a suit has been duly instituted a summons may be \r\nissued to the defendant to appear and answer the claim on a day to be therein \r\nspecified: \r\nProvided that no such summons shall be issued when the defendant \r\nhas appeared at the presentation of the plaint and admitted the plaintiff‟s claim. \r\n (2) A defendant to whom a summons has been issued under sub­rule (1) \r\nmay appear– \r\n(a) in person, or \r\n(b) by a pleader duly instructed and able to answer all material questions \r\nrelating to the suit, or \r\n(c) by a pleader accompanied by some person able to answer all such \r\nquestions. \r\n (3) Every such summons shall be signed by the Judge or such officer \r\nas he appoints, and shall be sealed with the seal of the Court. \r\n1\r\n[2. Copy or statement annexed to the summons .– Every summons shall be \r\naccompanied by a copy of the p laint, or if so permitted by a concise statement, \r\nand copies of  the documents annexed with the plaint and a copy of the list \r\nunder sub -rule (2) of Rule 14 in Order VII. ] \r\n3. Court may order defendant or plaintiff to appear in person .– (1) Where \r\nthe Court sees reason to require the personal appearance of the defendant, the \r\nsummons shall order him to appear in person in Court on the day therein specified. \r\n (2) Where the Court sees reason to require the personal appearance \r\nof the plaintiff on the same day, it shall make an order for such appearance. \r\n4. No party be ordered to appear in person unless resident within certain \r\nlimits.– No party 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 \r\nrailway or steamer communication or other established public \r\nconveyance for five­sixths of the distance between the place \r\nwhere he resides and the place where the Court is situate), less than \r\ntwo hundred miles distance from the court­house. \r\n                                                \r\n1Substituted by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by the Lahore  High Court, Lahore; and, \r\nwas published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 5: It came into force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab Week ly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225. \r\n5. Summons to be either to settle issues or for final disposal .– \r\n1\r\n[(1)] The \r\nCourt shall determine, at the time of issuing the summons, whether it shall be \r\nfor the settlement of issues only, or for the final disposal of the suit; and the \r\nsummons shall contain a direction accordingly: \r\nProvided that, in every suit heard by a Court of small Causes, the \r\nsummons shall be for the final disposal of the suit. \r\n2\r\n[(2) When the summons are for the settlement of issues, the summons \r\nshall state that the defendant may present written statement of his defence before \r\nthe day fixed for his appearance. ] \r\n6. Fixing day for appearance of defendant .– The day for the appearance of \r\nthe defendant shall be fixed with reference to the current business of the Court, \r\nthe place of residence of the defendant and the time necessary for the service \r\nof the summons; and the day shall be so fixed as to allow the defendant \r\nsufficient time to enable him to appear and answer on such day. \r\n3\r\n[7. Summons to order defendant to produce documents relied on by him .– \r\nThe summons to appear and answer shall order the defendant to produce all \r\ndocuments in his possession or power upon which he bases h is defence or any \r\nclaim for set off and shall further order that where he relies on any other documents \r\n(whether in his possession or power or not) as evidence in support of his defence \r\nor claim for set  off, he shall enter such documents in a list to be added or annexed \r\nto the written statement.]  \r\n8. On issue of summons for final disposal, defendant to be directed to \r\nproduce his witnesses .– Where the summons is for the final disposal of the suit, \r\nit shall also direct the defendant to produce, on the day fixed for his appearance, \r\nall witnesses upon whose evidence he intends to rely in support of his case. \r\nService of Summons \r\n9. Delivery or transmission of summons for service .– (1) Where the \r\ndefendant resides within the jurisdiction of the Court in which the suit is \r\ninstituted, or has an agent resident within that jurisdiction who is empowered to \r\naccept the service of the summons, the summons shall, unless the Court \r\notherwise directs, be delivered or sent to the proper officer to be served by him \r\nor one of his subordinates. \r\n(2) The proper officer may be an officer of a Court other than that in \r\nwhich the suit is instituted, and, where he is such an officer, the summons may be \r\nsent to him by post or in such other manner as the Court may direct. \r\n                                                \r\n1Numbered by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  \r\nwas published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp.  270-286, r. 5: It came into force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225. \r\n2Inserted ibid. \r\n3Substituted by the Notification No.  213-R./XI-Y.-17, dated: 24 July 1936; issued by the High Court of Judicature at Lahore; \r\nand, was published in the Government Gazette Punjab and its Dependencies, dated: 31 July 1936, Part-III, p. 450. \r\n1\r\n[(3) Unless the Court otherwise directs, the proper officer or an officer \r\nauthorised by him in this behalf shall cause the service of summons and return it \r\nto the Court within fifteen days of issue of summons.] \r\n10. Mode of service .– Service of the summons shall be made by delivering \r\nor tendering a copy thereof signed by the Judge or such officer as he appoints in \r\nthis behalf, and sealed with the seal of the Court. \r\n \r\n2\r\n[Provided that in any case if the plaintif f so wishes, the Court may  \r\n3\r\n[* *] serve \r\nthe summons in the first instance by registered post \r\n4\r\n[(acknowledgment due) ] \r\ninstead of in the mode of service laid down in this rule : \r\n5\r\n[* * * * * * * * * * * * * * * * * * \r\n* * * * * * * * * * *] .] \r\n6\r\n[10-A. Service by  post.– (1) Simultaneously with the issue of summons under \r\nrule 9, there shall be sent, unless otherwise ordered by the Court, to the defendant, \r\nby registered post acknowledgement due and another copy of the summons signed \r\nand sealed in the manner provided  in rule 10 by courier service, or as the court may \r\ndetermine, by urgent mail service of Pakistan Post, at the cost of the plaintiff.   \r\n(2) The acknowledgment, purported to be signed by the defendant, of the \r\nreceipt of the registered communication or an end orsement by a courier messenger \r\nor postal employee that the defendant refused to take delivery of the summons \r\nshall be deemed by the Court issuing the summons to be prima facie  proof of the \r\nservice of the summons. ” \r\n11. Service on several defendants .– Save as otherwise prescribed, where \r\nthere are more defendants than one, service of the summons shall be made on \r\neach defendant. \r\n12. Service to be on defendant in person when practicable or on his \r\nagent.– Wherever it is practicable, service shall be made on the defendant in \r\nperson, unless he has an agent empowered to accept service, in which case \r\nservice on such agent shall be sufficient. \r\n13. Service on agent by whom defendant carries on business .– (1) In a suit \r\nrelating to any business or work against a person who does not reside within the \r\nlocal limits of the jurisdiction of the Court from which the summons is issued, \r\n                                                \r\n1Added by the Civil Laws (Reforms) Act, 1994 ( XIV of 1994); assented to by the President on 27 July 1994; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 31 July 1994, pp. 683-688, s. 11. \r\n2Added by the Notification No. 6 G, dated: 1 January 1909; issued by the Chief Court, Punjab; and, was published in the \r\nGovernment Gazette Punjab and its Dependencies, dated: 1 January 1909, pp. 2 -3. Above said Notification was confirmed by \r\nthe Notification No. 2212 G, dated: 12 May 1909; issued by the Chief Court, Punjab; and, was published in the Gove rnment \r\nGazette Punjab and its Dependencies, dated: 21 May 1909, p. 571. \r\n3The words “attempt to” were omitted by the Notification No. 563 -G, dated: 24 November 1927; issued by the High Court of \r\nJudicature at Lahore; and, was  published in the Government Gaz ette Punjab and its Dependencies, dated: 9 December 1927, \r\nPart-III, p. 1587. \r\n4Added ibid. \r\n5The expression “and provided always that should the defendant not appear in answer to the summons so issued, the Court \r\nshall have service effected in accordance with the provisions of this Order” were omitted ibid. \r\n6Substituted by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  \r\nwas published in the Pun jab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 5: It came into force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225. It was earlier inserted by the Law Reforms Ordinance, 1972 (XII of 1972), published in \r\nthe Gazette of Pakistan (Extraordinary), dated: 14 April 1972, pp. 526-583 s. 2 read with the Schedule. \r\nservice on any manager or agent, who, at the time of service, personally carries on \r\nsuch 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 \r\nbe the agent of the owner or charterer. \r\n14. Service on agent in charge in suits for immoveable property .– Where in \r\na suit to obtain relief respecting, or compensation for wrong to, immoveable \r\nproperty, service cannot be made on the defendant in person, and the \r\ndefendant has no agent empowered to accept the service, it may be made on any \r\nagent of the defendant in charge of the property. \r\n15. Where service may b e on male member of defendant‟s family .– Where \r\nin any suit the defendant cannot be found \r\n1\r\n[ or is absent from his residence ] \r\nand has no agent empowered to accept service of the summons on his behalf, \r\nservice may be made on any adult male member of the family of the defendant \r\nwho is residing with him. \r\nExplanation.– A servant is not a member of the family within the meaning of this \r\nrule. \r\n16. Person served to sign acknowledgment .– Where the serving officer \r\ndelivers or tenders a copy of the summons to the defendant personally, or to an \r\nagent or other person on his behalf, he shall require the signature of the person \r\nto whom the copy is so delivered or tendered to an acknowledgment of service \r\nendorsed on the original summons. \r\n17. Procedure when defendant refuses t o accept service, or cannot be \r\nfound.– Where the defendant or his agent or such other person as aforesaid \r\nrefuses to sign the acknowledgment, or where the serving officer, after using all \r\ndue and reasonable diligence, cannot find the defendant, and there is no agent \r\nempowered to accept service of the summons on his behalf, nor any other \r\nperson on whom service can be made, the serving officer shall affix a copy of the \r\nsummons on the outer door or some other conspicuous part of the house in which \r\nthe defendant ordinarily resides or carries on business or personally works for \r\ngain, and shall then return the original to the Court from which it was issued, with a \r\nreport endorsed thereon or annexed thereto stating that he has so affixed the \r\ncopy, the circumstances under which he did so, and the name and address of \r\nthe person (if any) by whom the house was identified and in whose presence \r\nthe copy was affixed. \r\n18. Endorsement of time and manner of service .– The serving officer shall, in \r\nall cases in which the summons has been served under rule 16, endorse or annex, \r\nor cause to be endorsed or annexed, on or to the original summons, a return \r\nstating the time when and the manner in which the summons was served, and the \r\nname and address of the person (if any) identifying the person served and \r\nwitnessing the delivery or tender of the summons. \r\n                                                \r\n1Inserted by the Notification No. 563-G, dated: 24 November 1927; issued by the High Court of Judicature at Lahore; and, was  \r\npublished in the Government Gazette Punjab and its Dependencies, dated: 9 December 1927, Part-III, p. 1587. \r\n19. Examination of serving officer .– Where a summons is returned under rule \r\n17, the Court shall, if the return under that rule has not been verified by the \r\naffidavit of the serving officer, and may, if it has been so verified, examine the \r\nserving officer on oath, or cause him to be so examined by another Court, \r\ntouching his proceedings, and may make such further inquiry in the matter as it \r\nthinks fit; and shall either declare that the summons has been duly served or order \r\nsuch service as it thinks fit. \r\n20. Substituted service .– \r\n1\r\n[(1) Where the Court is satisfied that there is reason \r\nto believe that the defendant is keeping out of the way for the purpose of \r\navoiding service, or that for any other reason the summons cannot be served in \r\nthe 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 \r\nhouse, if any, in which the defendant is known to have last resided \r\nor carried on business or personally worked for gain; or \r\n(b) any electronic device of communication which may include \r\ntelegram, telephone, 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 \r\nmanners and modes of service simultaneously.] \r\n (2) Effect of substituted service .– Service substituted by order of the \r\nCourt shall be as effectual as if it had been made on the defendant personally. \r\n (3) Where service substituted, time for appearance to be fixed .– \r\nWhere service is substituted by order of the Court, the Court shall fix such time \r\nfor the appearance of the defendant as the case may require \r\n2\r\n[which shall not \r\nordinarily exceed fifteen days]. \r\n21. Service of summons where defendant resides within jurisdiction of \r\nanother Court .– A summons may be sent by the Court by which it is issued, \r\nwhether within or without the province, either by one of its officers or by post to any \r\nCourt (not being the High Court) having jurisdiction in the place where the \r\ndefendant resides. \r\n3\r\n[22. Service, within Presidency-towns of summons issued by Courts \r\noutside.– * * * * * * * * * * * * * * * * * * * * * *   ] \r\n23. Duty of Court to which summons is sent .– The Court to which a \r\nsummons is sent under rule 21 \r\n4\r\n[* * *] shall, upon receipt thereof, proceed as if it \r\n                                                \r\n1Substituted by the Civil Laws (Reforms) Act, 1994 ( XIV of 1994); assented to by t he President on 27 July 1994 and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 31 July 1994, pp. 683-688, s. 11. \r\n2Added ibid. \r\n3Omitted by the Adaptation of  Central  Acts and  Ordinances Order, 1949  (G.G.O. No. 4 of 1949), published in  the Gazette of \r\nPakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n4The expression “or rule 22” was omitted by the Adaptation of  Central  Acts and  Ordinances Order, 1949  (G.G.O. No. 4 of \r\n1949), published in th e Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223 -283, Article 3 read with the \r\nSchedule. \r\nhad been issued by such Court and shall then return the summons to the Court \r\nof 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 \r\nprison, the summons shall be delivered or sent by post or otherwise to the officer \r\nin charge of the prison for service on the defendant. \r\n25. Service where defendant resides out of  \r\n1\r\n[Pakistan] and has no agent .– \r\nWhere the defendant resides out of \r\n2\r\n[Pakistan] and has no agent in \r\n3\r\n[Pakistan] \r\nempowered to accept service, the summons shall \r\n4\r\n[except in the cases mentioned \r\nin rule 26A] be addressed to the defendant at the place where he is residing and \r\nsent to him by post, if there is postal communication between such place and the \r\nplace where the Court is situate. \r\n26. Service in foreign territory th rough Political Agent or Court .– Where– \r\n(a) in the exercise of any foreign \r\n5\r\n[or extra-provincial jurisdiction \r\nvested in the \r\n6\r\n[Federal Government] ], a Political Agent has been \r\nappointed, or a Court has been established or continued, with \r\npower to serve a summons issued by a Court under this Code in \r\nany foreign territory in which the defendant resides, or \r\n7\r\n[(b) \r\n8\r\n[the Provincial Government] has, by notification in the \r\n9\r\n[Official \r\nGazette], declared, in r espect of any Court situate in any such \r\nterritory and not established or continued in the exercise of any \r\nsuch jurisdiction as aforesaid, that service by such Court of any \r\nsummons \r\n10\r\n[issued under this Code by a Court of the Province] shall \r\nbe deemed to be valid service,] \r\n                                                \r\n1Substituted for the words “the Provinces and the Capital of the Federation\" by the Central Laws (Statute Reform) Ordinance, \r\n1960 (XXI of 1960); ass ented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan \r\n(Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came into force on 14 October 1955.  \r\nThey were earlier substituted for the words  “British India” b y  the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith Article 4. \r\n2Ibid. \r\n3Ibid. \r\n4Inserted by the Co de of Civil Procedure (Amendment) Act, 1950 (LXVIII of 1950), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 26 October 1950, p. 787, s. 2. \r\n5Substituted for the words “jurisdiction vested in His Majesty or in [the Central Government or the Cr own Representative]” by \r\nthe Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 28 March 1949, pp. 223 -283, Article 3 read with the Schedule . The words in crotchet were earlier  \r\nsubstituted for the words “the Governor -General  in Council” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n6Substituted for the words “Central Government” by the Federal Adaptation of Laws Order 1975 (P. O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of \r\nGeneral Adaptations. \r\n7Substituted by the Second Repealing and Amending Act, 1914 (XVII of 1914), published in the Gazette of India, dated: 19 \r\nSeptember 1914, pp. 68-72, s. 2 read with the First Schedule. \r\n8Substituted for the words “the Governor -General in Council”  by the Government of India (Adaptation of Indian Laws) Order, \r\n1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n9Substituted ibid., for the words “Gazette of India”, Article 4 read with the Table of General Adaptations. \r\n10Substituted for the words “issued by a Court under this Code” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\nthe summons may be sent to such Political Agent or Court, by post or \r\notherwise, for the purpose of being served upon the defendant; and, if the \r\nPolitical Agent or Court returns the summons with an endorsement signed by \r\nsuch Political Agent or by the Judge or other officer of the Court that the \r\nsummons has been served on the defendant in manner hereinbefore directed, \r\nsuch endorsement shall be deemed to be evidence of service. \r\n1\r\n[26A. Service on civil public officer or on servant of railway company or local \r\nauthority, in India .– Where the defendant is a servant (not belonging to the \r\nmilitary, naval or air forces) of any Government in India, or a servant of a \r\nrailway company or local authority in India, the summons together with a copy \r\nof 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 \r\nSecretary to the Government of India in the Ministry of Home \r\nAffairs, and \r\n(b) in the case of a defendant serving in connection with the affairs of \r\nany other Government in India, or in the case of a servant of a \r\nlocal authority in India, to the Home Secretary to that \r\nGovernment or, as the case may be, to the Home Secretary to the \r\nGovernment in whose territories the local authority has its jurisdiction.] \r\n27. Service on civil public officer or on servant of railway company or local \r\nauthority.– Where the defendant is a public officer (not belonging to \r\n2\r\n[the armed \r\nforces of Pakistan] \r\n3\r\n[* * * * * *]), or is the servant of a railway company or local \r\nauthority, the Court may, if it appears to it that the summons may be most \r\nconveniently so served, send it for service on the defendant to the head of the \r\noffice in which he is employed, together with a copy to be retained by the \r\ndefendant. \r\n28. Service on soldiers  4\r\n[, sailors] \r\n5\r\n[ or airmen].– Where the defendant is a \r\nsoldier \r\n6\r\n[, sailor] \r\n7\r\n[or airman], the Court shall send the summons for service to his \r\ncommanding officer together with a copy to be retained by the defendant. \r\n                                                \r\n1Inserted by the Code of Civil Procedure (Amendment) Act, 1950 (LXVIII of 1950), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 26 October 1950, p. 787, s. 3. \r\n2Substituted for the expression “His Majes ty‟s military, [naval or air] forces” by the Central Laws (Adaption) Order, 1961 (P.O. \r\nNo. 1 of 1961); made by the Minister exercising the functions of President under Article 2 of the State Arrangements Order, \r\n1959  on 21 January 1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -\r\n163, Article 2 read with the Schedule: it came into force on 23 March 1956.  The words in crotchets were earlier substituted by \r\n“or naval” by the Repealing and Amending Act, 1927 (X  of 1927), published in the Gazette of India, s. 2 read with the First \r\nSchedule. \r\n3The expression “or His Majesty‟s Indian Marine Service” was omitted by the Amending Act, 1934 (XXXV of 1934), published in \r\nthe Gazette of India, dated: 15 September 1934, pp. 181-183, s. 2 read with the Schedule. \r\n4Inserted ibid. \r\n5Inserted by the Repealing and Amending Act, 1927 (X of 1927),  published in the Gazette of India, s. 2 read with the First \r\nSchedule. \r\n6Inserted by the Amending Act, 1934 (XXXV of 1934), published in th e Gazette of India, dated: 15 September 1934, pp. 181 -\r\n183, s. 2 read with the Schedule. \r\n7Inserted by the Repealing and Amending Act, 1927 (X of 1927),  published in the Gazette of India, s. 2 read with the First \r\nSchedule. \r\n29. Duty of person to whom summons is delivered or sent for service .– (1) \r\nWhere a summons is delivered or sent to any person for service under rule 24, \r\nrule 27 or rule 28, such person shall be bound to serve it, if possible, and to \r\nreturn it under his signature, with the written acknowledgement of the defendant, \r\nand such signature shall be deemed to be evidence of service. \r\n (2) Where from any cause service is impossible, the summons shall be \r\nreturned to the Court with a full statement of such cause and of the steps taken \r\nto procure service, and such statement shall be deemed to be evidence of \r\nnon­service. \r\n30. Substitution of letter for summons .– (1) The Court may, notwithstanding \r\nanything herein before contained, substitute for a summons a letter signed by \r\nthe Judge or such officer as he may appoint in this behalf, where the defendant \r\nis, in the opinion of the Court, of a rank entitling him to such mark of \r\nconsideration. \r\n (2) A letter substituted under sub­rule (1) shall contain all the particulars \r\nrequired to be stated in a summons, and, subject to the provisions of sub­rule (3), \r\nshall be treated in all respects as a summons. \r\n (3) A letter so substituted may be sent to the defendant by post or by a \r\nspecial messenger selected by the Court, or in any other manner which the Court \r\nthinks fit; and, where the defendant has an agent empowered to accept service, \r\nthe letter may be delivered or sent to such agent. \r\nORDER VI  \r\nPleadings generally \r\n1. Pleading.– “Pleading” shall mean plaint or wr itten statement . \r\n2. Pleading to state material facts and not evidence .– Every pleading shall \r\ncontain, and contain only, a statement in a concise form of the material facts on \r\nwhich the party pleading relies for his claim or defence, as the case may be, but \r\nnot the evidence by which they are to be proved, and shall, when necessary, be \r\ndivided 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 \r\nwhere they are not applicable forms of the like character, as nearly as may be, \r\nshall be used for all pleadings. \r\n4. Particulars to be given where necessary .– In all cases in which the party \r\npleading relies on any misrepresentation, fraud, breach of trust, willful default, or \r\nundue influence, and in all other cases in which particulars may be necessary \r\nbeyond such as are exemplified in the forms aforesaid, particulars (with dates and \r\nitems if necessary) shall be stated in the pleading. \r\n5. Further and better stat ement, or particulars .– A further and better \r\nstatement of the nature of the claim or defence, or further and better particulars \r\nof any matter stated in any pleading, may in all cases be ordered, upon such \r\nterms, as to costs and otherwise, as may be just. \r\n6. Condition precedent .– Any condition precedent, the performance or \r\noccurrence of which is intended to be contested, shall be distinctly specified in \r\nhis pleading by the plaintiff or defendant, as the case may be; and, subject \r\nthereto, an averment of the performance or occurrence of all conditions precedent \r\nnecessary for the case of the plaintiff or defendant shall be implied in his pleading. \r\n7. Departure.– No pleading shall, except by way of amendment, raise any \r\nnew ground of claim or contain any allegation of fact inconsistent with the previous \r\npleadings of the party pleading the same. \r\n8. Denial of contract .– Where a contract is alleged in any pleading, a bare \r\ndenial of the same by the opposite party shall be construed only as a denial in \r\nfact of the express contract alleged or of the matters of fact from which the \r\nsame may be implied, and not as a denial of the legality or sufficiency in law of such \r\ncontract. \r\n9. Effect of document to be stated .– Wherever the contents of any \r\ndocument are material, it shall be sufficient in any pleading to state the effect \r\nthereof as briefly as possible, without setting out the whole or any part thereof, \r\nunless the precise words of the document or any part thereof are material. \r\n10. Malice, knowledge, etc .– Wherever it is material to allege malice, \r\nfraudulent intention, knowledge or other condition of the mind of any person, it \r\nshall be sufficient to allege the same as a fact without setting out the \r\ncircumstances from which the same is to be inferred. \r\n11. Notice.– Wherever it is material to allege notice to any person of any \r\nfact, matter or thing, it shall be sufficient to allege such notice as a fact, unless the \r\nform or the precise terms of such notice, or the circumstances from which such \r\nnotice is to be inferred, are material. \r\n12. Implied contract, or relation .– Whenever any contract or any relation \r\nbetween any persons is to be implied from a series of letters or conversations or \r\notherwise from a number of circumstances, it shall be sufficient to allege such \r\ncontract or relation as a fact, and to refer generally to such letters, \r\nconversations or circumstances without setting them out in detail. And if in such \r\ncase the person so pleading desires to rely in the alternative upon more \r\ncontracts or relations than one as to be implied from such circumstances, he may \r\nstate the same in the alternative. \r\n13. Presumptions of law .– Neither party need in any pleading allege any \r\nmatter of fact which the law presumes in his favour or as to which the burden of \r\nproof lies upon the other side unless the same has first been specifically denied \r\n(e.g., consideration for a bill of exchange where the plaintiff sues only on the bill \r\nand 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 \r\nhis pleader (if any): \r\nProvided that where a party pleading is, by reason of absence or for other \r\ngood cause, unable to sign the pleading, it may be signed by any person duly \r\nauthorized by him to sign the same or to sue or defend on his behalf. \r\n15. Verification of pleadings .– (1) Save as otherwise provided by any law \r\nfor the time being in force, every pleading shall be verified \r\n1\r\n[on oath or solemn \r\naffirmation] at the foot by the party or by one of the parties pleading or by some \r\nother person proved to the satisfaction of the Court to be acquainted with the \r\nfacts of the case. \r\n (2) The person verifying shall specify, by reference to the numbered \r\nparagraphs of the pleading, what he verifies of his own knowledge and what he \r\nverifies upon information received and believed to be true. \r\n (3) The verification shall be signed by the person making it and shall \r\nstate the date on which and the place at which it was signed. \r\n16. Striking out pleadings .– The Court may at any stage of the proceedings \r\norder to be struck out or amended any matter in any pleading which may be \r\nunnecessary or scandalous or which may tend to prejudice, embarrass or delay the \r\nfair trial of the suit. \r\n17. Amendment of pleadings .– The Court may at any stage of the \r\nproceedings allow either party to alter or amend his pleadings in such manner \r\nand on such terms as may be just, and all such amendments shall be made \r\nas may be necessary for the purpose of determining the real questions in \r\ncontroversy between the parties. \r\n18. Failure to amend after order .– If a party who has obtained an order for \r\nleave to amend does not amend accordingly within the time limited for that \r\npurpose by the order, or if no time is thereby limited then within fourteen days \r\nfrom the date of the order, he shall not be permitted to amend after the expiration \r\nof 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\nORDER VII \r\nPlaint \r\n1. Particulars to be contained in plaint.– The plaint shall contain the following \r\nparticulars:– \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, \r\nso far as they can be ascertained; \r\n(d) where the plaintiff or the defendant is a minor or a person of \r\nunsound mind, a statement 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                                                \r\n1Inserted by the Law Reforms Ordin ance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 \r\nApril 1972, pp. 526-583 s. 2 read with the Schedule. \r\n(h) where the plaintiff has allowed a set­off or relinquished a portion of his \r\nclaim, the amount so allowed or relinquished; and \r\n(i) a statement of the value of the subject­matter of the suit for the \r\npurposes of jurisdiction and of court­fees, so far as the case admits. \r\n2. In money suits .– Where the plaintiff seeks the recovery of money, the \r\nplaint shall state the precise amount claimed: \r\nBut where the plaintiff sues for mesne profits, or for an amount which will be \r\nfound due to him on taking unsettled accounts between him and the defendant \r\n1\r\n[or for moveables in the possessi on of the defendant , or for debts of which the \r\nvalue he cannot, after the exercise of reasonable diligence, estimate]  the plaint \r\nshall state approximately the amount \r\n2\r\n[or value] sued for. \r\n3. Where the subject­matter of the suit is immoveable property .– Where \r\nthe subject­matter of the suit is immoveable property, the plaint shall contain a \r\ndescription of the property sufficient to identify it, and, in case such property \r\ncan be identified by boundaries or numbers in a record of settlement of survey, \r\nthe plaint shall specify such boundaries or numbers. \r\n4. When plaintiff sues as representative .– Where the plaintiff sues in a \r\nrepresentative character, the plaint shall show not only that he has an actual \r\nexisting interest in the subject­matter, but that he has taken the steps (if any) \r\nnecessary to enable him to institute a suit concerning it. \r\n5. Defendant‟s interest and liability to be shown .– The plaint shall show \r\nthat the defendant is or claims to be interested in the subject­matter, and that \r\nhe is liable to be called upon to answer the plaintiff‟s demand. \r\n6. Grounds of exemption from limitation law .– Where the suit is instituted \r\nafter the expiration of the period prescribed by the law of limitation, the plaint shall \r\nshow the ground upon which exemption from such law is claimed. \r\n7. Relief to be specifically stated .– Every plaint shall state specifically the \r\nrelief which the plaintiff claims either simply or in the alternative, and it shall not be \r\nnecessary to ask for general or other relief which may always be given as the \r\nCourt may think just to the same extent as if it had been asked for. And the same \r\nrule 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 \r\nrespect of several distinct claims or causes of action founded upon separate and \r\ndistinct grounds, they shall be stated as far as may be separately and distinctly. \r\n                                                \r\n1Inserted by the Notification No. 6 G, dated: 1 January 1909; issued by the Chief Court, Punjab; and, was publish ed in the \r\nGovernment Gazette Punjab and its Dependencies, dated: 1 January 1909, pp. 2 -3. Above said Notification was confirmed by \r\nthe Notification No. 2212 G, dated: 12 May 1909; issued by the Chief Court, Punjab; and, was published in the Government \r\nGazette Punjab and its Dependencies, dated: 21 May 1909, p. 571. \r\n2Ibid. \r\n9. Procedure on admitting plaint .– \r\n1\r\n[(1)The plaintiff shall endorse on the \r\nplaint, or annex thereto, a list of the documents (if any) which he has produced \r\nalong with it. \r\n (1A) The plaintiff shall present with his plaint– \r\n2\r\n[(a) copies of the plaint and documents under rule 14 for each defendant \r\nand two extra copies; ] \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 \r\nany of the defendants is sued, in a representative capacity, such statements shall \r\nshow in what capacity the plaintiff or defendant sues or is sued. \r\n(3) The plaintiff may, by leave of the Court, amend such statements so \r\nas to make them correspond with the plaint. \r\n(4) The chief ministerial officer of the Court shall sign such list and \r\ncopies or statements if, on examination, he finds them to be correct. \r\n10. Return of plaint.– (1) The plaint shall at any stage of the suit be returned to \r\nbe presented to the Court in which the suit should have been instituted. \r\n (2) Procedure on returning plaint .– On returning a plaint the Judge \r\nshall endorse thereon the date of its presentation and return, the name of the \r\nparty presenting it, and a brief statement of the reasons 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 undervalued, and the plaintiff, on being \r\nrequired by the Court to correct the valuation within a time to be fixed \r\nby the Court, fails to do so: \r\n(c) where the relief claimed is properly valued, but the plaint is written \r\nupon paper insufficiently stamped, and the plaintiff, on being \r\nrequired by the Court to supply the requisite stamp paper within a \r\ntime to be fixed by the Court, fails to do so: \r\n3\r\n[(d) where the suit appears, from the record available with the court, to be \r\nbarred by any la w.] \r\n4\r\n[11-A. Separate application barred .– A plea for rejection of plaint under rule 11 \r\nmay be raised by the defendant in his written statement and not by a separate \r\napplication. ] \r\n                                                \r\n1Substituted by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 \r\nApril 1972, pp. 526-583 s. 2 read with the Schedule. \r\n2Substituted by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  \r\nwas published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 6: It came into force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225. \r\n3Ibid. \r\n4Inserted ibid. \r\n12. Procedure on rejecting plaint .– Where a plaint is rejected the Judge shall \r\nrecord an order to that effect with the reasons for such order. \r\n1\r\n[13. Where rejection of plaint does not preclude presentation of fresh \r\nplaint.– The rejection of the plaint, on any of the grounds mentioned in clause (a), \r\nclause (b) or clause (c) of rule 11, shall not, of its own force, preclude the plaintiff \r\nfrom 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 \r\nsues upon a document in his possession or power, he shall produce it in Court \r\nwhen the plaint is presented, and shall at the same time deliver the document or a \r\ncopy thereof to be filed with the plaint. \r\n (2) List of other documents .– Where he relies on any other documents \r\n(whether in his possession or power or not) as evidence in support of his claim, he \r\nshall enter such documents in a list to be added or annexed to the plaint. \r\n15. Statement in case of documents not in his possession or power .– \r\nWhere any such document is not in the possession or power of the plaintiff, \r\nhe shall, if possible, state in whose possession or power it is. \r\n16. Suits on lost negotiable instruments .– Where the suit is founded upon a \r\nnegotiable instrument, and it is proved that the instrument is lost, and an indemnity \r\nis given by the plaintiff, to the satisfaction of the Court, against the claims of any \r\nother person upon such instrument, the Court may pass such decree as it would \r\nhave passed if the plaintiff had produced the instrument in Court when the plaint \r\nwas presented, and had at the same time delivered a copy of the instrument to be \r\nfiled with the plaint. \r\n17. Production of shop­book .– (1) Save in so far as is otherwise provided by \r\nthe Bankers' Books Evidence Act, 1891\r\n2\r\n, where the document on which the \r\nplaintiff sues is an entry in a shop­book or other account, in his possession or \r\npower, the plaintiff shall produce the book or account at the time of filing the plaint, \r\ntogether with a copy of the entry on which he relies. \r\n (2) Original entry to be marked  and returned .– The Court, or such \r\nofficer as it appoints in this behalf, shall forthwith mark the document for the \r\npurpose of identification; and, after examining and comparing the copy with the \r\noriginal, shall, if it is found correct, certify it to be so and return the book to the \r\nplaintiff and cause the copy to be filed. \r\n3\r\n[Explanation.– When a shop  book or other account written in a langua ge other \r\nthan English or the language of the Court is produced with a translation or \r\n                                                \r\n1Substituted by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by  the Lahore High Court, Lahore; and,  \r\nwas published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 6: It came into force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225. \r\n2XVIII of 1891. \r\n3Added by the Notification No. 88 -Gaz./XI-Y.-7, dated: 9 March 1935; issued by the High Court of Judicature at Lahore; and, \r\nwas published in the Government Gazette Punjab and its Dependencies, Part-III, dated: 15 March 1935, p. 152. \r\ntransliteration of the relevant entry, the party producing it shall not be required to \r\npresent a separate affidavit as to the correctness of the translation or \r\ntransliteration, but shall add a certificate on the document itself, that it is a full and \r\ntrue translation or transliteration of the original entry, and no examination or \r\ncomparison by the ministerial officer shall be required except by a special order of \r\nthe Court.] \r\n18. Inadmissibility of document not produced when plaint filed .– (1) A \r\ndocument which ought to be produced in Court by the plaintiff when the plaint is \r\npresented, or to be entered in the list to be added or annexed to the pliant, and \r\nwhich is not produced or entered accordingly, shall not, without the leave of the \r\nCourt, 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 \r\ncross­examination of the defendant's witnesses, or in answer to any case set up \r\nby the defendant or handed to a witness merely to refresh his memory. \r\n1\r\n[19. Address to be filed with plaint .– (1) Every plaint or original petition shall \r\nbe accompanied by a proceeding giving an address at which service of notice, \r\nsummons or other process may be made on the plaintiff or petitioner. \r\n (2) Plaintiffs or petitioners subsequently added shall immediately on \r\nbeing so added file a proceeding of this nature. \r\n (3) The address filed under this rule shall be entered in the Register of \r\nsuits maintained under Order IV, rule 2. \r\n20. Nature of address to be filed .– An address for service filed under the \r\npreceding rule shall be within the local limits of the District Court within which the \r\nsuit or petition is filed, or of the District Court within which the party ordinarily \r\nresides.  \r\n21. Consequences of failure to file address .– Where a plaintiff or petitioner \r\nfails to file an address for service, he shall be liable to have his suit dismissed or his \r\npetition rejected by the Court suo moto or any party may apply for an order to that \r\neffect, and the Court may make such order as it thinks just. \r\n2\r\n[21-A.Consequence of failure to annex copy etc. with the plaint .– When the \r\nplaintiff fails to annex a copy of the plaint or concise statement or copies of \r\ndocuments mentioned in rule 2, the Court may make such order as it thinks just \r\nand fit.] \r\n22. Procedure when party not found at the place of address .– (1) Where a \r\nparty is not found at the address given by him for service and no agent or adult \r\nmale member of his family on whom a notice, summons or other process can \r\nbe served is present, a copy of the notice, summons or other process shall be \r\nfixed to the outer door of the house. \r\n                                                \r\n1Rules 19 to 26 were added  by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 14 April 1972, pp. 526-583 s. 2 read with the Schedule. \r\n2Inserted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and, was \r\npublished in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 6: It came into force on 1 November \r\n2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, Part -III, \r\ndated: 28 October 2020, p. 225. \r\n (2) If, on the date fixed, such party is not present, another date shall \r\nbe fixed and a copy of the notice, summons or other process shall be sent to the \r\nsaid address by registered post, and such service shall be deemed to be as \r\neffectual as if the notice, summons or other process had been personally served. \r\n23. Service on pleader .– Where a party engages a pleader, notices, summons \r\nor other processes for service on him shall be served in the manner prescribed \r\nby Order III, rule 5, unless the Court directs service at the address for service \r\ngiven by the party. \r\n24. Change of address .– A party who desires to change the address for \r\nservice given by him as aforesaid shall file a verified petition, and the Court \r\nmay direct the amendment of the record accordingly. Notice of such petition \r\nshall be given to such other parties to the suit as the Court may deem it \r\nnecessary to inform, and may be either served upon the pleaders for such parties \r\nor be sent to them by registered post, as the Court thinks fit. \r\n25. Service by other modes .– Nothing in these rules shall prevent the Court \r\nfrom directing the service of a notice, summons or other process in any other \r\nmanner, if, for any reasons, it thinks fit to do so. \r\n26. List of legal representatives of plaintiff .– (1) In every suit of the nature \r\nreferred to in rule 3, Order XXII, the plaint shall be accompanied by a statement \r\ngiving– \r\n(a) the names and addresses of the persons whom, in the event of the \r\ndeath of the plaintiff, may be made a party as his legal \r\nrepresentatives; \r\n(b) the name and address of the person who, in the event of the \r\ndeath of the plaintiff, shall intimate such fact to the Court, furnish the \r\nCourt with the names, particulars and addresses of the legal \r\nrepresentatives of the plaintiff and make an application for the \r\nlegal 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 \r\nrepresentatives; \r\n(b) nominate another person, in the place of the person nominated \r\nunder clause (b) of sub­rule (1), for the purposes of that clause. \r\n(3) A nomination made under clause (b) of sub­rule (1) shall, unless \r\nvaried under clause (b) of sub­rule (2) remain in force throughout the pendency \r\nof the suit and any proceedings arising therefrom, including appeal, revision and \r\nreview.]  \r\n1\r\n[(4) Failure of the plaintiff to file the list of legal representatives, as \r\naforesaid, shall render the suit liable to be dismissed. ]  \r\n                                                \r\n1Inserted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and, was \r\npublished in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 6: It came into force on 1 November \r\n2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, P art-III, \r\ndated: 28 October 2020, p. 225. \r\nORDER VIII \r\nWritten Statement and Set­off  \r\n1\r\n[1. Written statement .– (1) The defendant \r\n2\r\n[* * * * * * * *  *], shall at or before \r\nthe first hearing or within such time as the Court may permit present a written \r\nstatement of his defence, and with such written sta tement, o r if there is no written \r\nstatement, at the first hearing , shall  produce in Court all documents in his \r\npossession or power on which he basis his defence or any claim for set  off. \r\n (2) Where he relies on any other documents as evidence in support o f his \r\ndefence or claim for set  off, he shall enter such documents in a list to be added or \r\nannexed to the written statement , or where there is no written statement, to be \r\npresented at the first hearing. If no such list is so annexed or presented, the \r\ndefendant shall be allowed a further period of ten days to file this list of documents.  \r\n (3) A document which ought to be entered in the list referred to in sub -\r\nclause (2) but which has not been so entered, shall not, without the leave of the \r\nCourt, be received  in evidence on the defendant‟s behalf at the hearing of the suit.  \r\n (4) Nothing in this rule shall apply to documents produced for cross -\r\nexamination of plaintiff‟s witnesses or handed to a witness merely to refresh his \r\nmemory \r\n3\r\n[:] ]  \r\n4\r\n[Provided that the period allowed for filing the written statement shall \r\nnot ordinarily exceed \r\n5\r\n[thirty] days.]  \r\n6\r\n[Provided further that not more than two adjournments shall be granted for \r\npresenting the written statement.] \r\n7\r\n[1-A. Presumption of admission of contents of plaint .– When the defendant \r\nfails to present written statement of his defence before the day fixed for his hearing, \r\nthe Court shall presume that he admits the contents of the plaint as true:  \r\nProvided that nothing shall preclude the Court from permitting the defe ndant \r\nto present written statement, upon showing a just and sufficient cause in an \r\napplication in writing supported by an affidavit:  \r\nProvided further that the permission to present written statement shall not \r\nextend beyond the period fixed in rule 1.  \r\n                                                \r\n1Substituted by the Notification No. 191-R./XI-Y.-8, dated: 19 June 1939; issued by the High Court of Judicature at Lahore; and, \r\nwas  published in the Government Gazette, Punjab, dated: 23 June 1939, Part-III, pp. 491-492. \r\n2The expression “may, and, if so required by Court” was omitted by the Notification No. 300 Rules/XI­Y­26, dated: 2 October \r\n2001; issued by the Lahore High Court, Lahore; and, was published in the Gazette of Pakistan (Extraordinary), Part -III, dated: \r\n18 October 2001. \r\n3Substituted for the “full­stop” by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 14 April 1972, pp. 526-583 s. 2 read with the Schedule. \r\n4Added ibid.  \r\n5Substituted for the word “ninety” by the Civil Laws (Reforms) Act, 1994 ( XIV of 1994); assented to by the President on 27 July \r\n1994; and, was published in the Gazette of Pakistan (Extraordinary), dated: 31 July 1994, pp. 683-688, s. 11. \r\n6Added by the Notification No. 300 Rule s/XI­Y­26, dated: 2 October 2001; issued by the Lahore High Court, Lahore; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), Part-III, dated: 18 October 2001. \r\n7Inserted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and, was \r\npublished in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 7: It came into force on 1 November \r\n2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published in the  Punjab Weekly Gazette, Part -III, \r\ndated: 28 October 2020, p. 225. \r\n1-B. Additional copies of written statement and documents .– The defendant \r\nshall furnish additional copies of written statement and of the documents annexed \r\ntherewith for their supply to the plaintiff. ] \r\n2. New facts must be specially pleaded .– The defendant must raise by his \r\npleading all matters which show the suit not to be maintainable, or that the \r\ntransaction is either void or voidable in point of law, and all such grounds of \r\ndefence as, if not raised, would be likely to take the opposite party by surprise, \r\nor would raise issues of fact not arising out of the plaint, as, for instance, fraud, \r\nlimitation, release, payment, performance, or facts showing illegality. \r\n3. Denial to be specific .– It shall not be sufficient for a defendant in his \r\nwritten statement to deny generally the grounds alleged by the plaintiff, but the \r\ndefendant must deal specifically with each allegation of fact of which he does not \r\nadmit the truth, except damages. \r\n4. Evasive denial .– Where a defendant denies an allegation of fact in the \r\nplaint, he must not do so evasively, but answer the point of substance. Thus, if it \r\nis alleged that he received a certain sum of money, it shall not be sufficient to \r\ndeny that he received that particular amount, but he must deny that he received \r\nthat sum or any part thereof, or else set out how much he received. And if an \r\nallegation is made with diverse circumstances, it shall not be sufficient to deny it \r\nalong with those circumstances. \r\n5. Specific denial .– Every allegation of fact in the plaint, if not denied \r\nspecifically or by necessary implication, or stated to be not admitted in the \r\npleading of the defendant, shall be taken to be admitted except as against a \r\nperson under disability: \r\nProvided that the Court may in its discretion require any fact so admitted \r\nto be proved otherwise than by such admission. \r\n6. Particulars of set­off to be given in written statement .– (1) Where in a \r\nsuit for the recovery of money the defendant claims to set­off against the \r\nplaintiff's demand any ascertained sum of money legally recoverable by him from \r\nthe plaintiff, not exceeding the pecuniary limits of the jurisdiction of the Court, and \r\nboth parties fill the same character as they fill in the plaintiff's suit, the defendant \r\nmay, at the first hearing of the suit, but not afterwards unless permitted by the \r\nCourt, present a written statement containing the particulars of the debt sought to \r\nbe set­off. \r\n (2) Effect of Set­off .– The written statement shall have the same effect \r\nas a plaint in a cross­suit so as to enable the Court to pronounce a final judgement \r\nin respect both of the original claim and of the set­off: but this shall not affect the \r\nlien, upon the amount decreed, of any pleader in respect of the costs payable to \r\nhim under the decree. \r\n (3) The rules relating to a written statement by a defendant apply to a \r\nwritten statement in answer to a claim of set­off. \r\n \r\n \r\nIllustrations \r\n (a) A bequeaths Rs.2,000 to B and appoints C his executor and \r\nresiduary legatee. B dies and D takes out administration to B's effect. C pays \r\nRs.1,000 as surety for D; then D sues C for the legacy. C cannot set­off the debt \r\nof Rs.1,000 against the legacy, for neither C nor D fills the same character with \r\nrespect to the 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 \r\neffects and B buys part of the effects from C. In a suit for the purchase­money by \r\nC against B, the latter cannot set­off the debt against the price, for C fills two \r\ndifferent characters, one as the vendor to B, in which he sues B, and the other as \r\nrepresentative to A. \r\n (c) A sues B on a bill of exchange. B alleges that A has wrongfully \r\nneglected to insure B's goods and is liable to him in compensation which he \r\nclaims to set­off. The 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 \r\nagainst A for Rs.1,000. The two claims being both definite pecuniary demands may \r\nbe set­off. \r\n (e) A sues B for compensation on account of trespass. B holds a \r\npromissory note for Rs.1,000 from A and claims to set­off that amount against any \r\nsum that A may recover in the suit. B may do so, for, as soon as A recovers, both \r\nsums as definite pecuniary demands. \r\n (f) A and B sue C for Rs.1,000, C cannot set­off a debt due to him by A \r\nalone. \r\n (g) A sues B and C for Rs.1,000. B cannot set­off a debt due to him alone \r\nby A. \r\n (h) A owes the partnership firm of B and C Rs.1,000. B dies, leaving C \r\nsurviving. A sues C for a debt of Rs.1,500 due in his separate character. C may \r\nset­off the debt of Rs.1,000. \r\n7. Defence or set­off founded on separate grounds .– Where the defendant \r\nrelies upon several distinct grounds of defence or set­off founded upon separate \r\nand distinct facts, they shall be stated, as far as may be, separately and distinctly. \r\n8. New ground of defence .– Any ground of defence which has arisen after \r\nthe institution of the suit or the presentation of a written statement claiming a set­off \r\nmay be raised by the defendant or plaintiff, as the case may be, in his written \r\nstatement. \r\n9. Subsequent pleadings .– No pleading subsequent to the written statement \r\nof a defendant other than by way of defence to a set­off shall be presented \r\nexcept by the leave of the Court and upon such terms as the Court thinks fit, but \r\nthe Court may at any time require a written statement or additional written \r\nstatement 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 \r\nCourt.– Where any party from whom a written statement is so required fails to \r\npresent the same within the time fixed by the Court, the Court may pronounce \r\njudgment against him, or make such order in relation to the suit as it thinks fit. \r\n1\r\n[11. Address for service .– (1) Every party, whether original, added or \r\nsubstituted, who appears in any suit or other proceeding, shall, on or before the \r\ndate fixed in the summons, notice or other process served on him, file in Court a \r\nproceeding stating his address for service.  \r\n (2) Such address shall be entered in the Register of suits to be \r\nmaintained under Order IV, rule 2. \r\n (3) Rules 20, 23, 24 and 25 of Order VII shall apply, so far as may be, to \r\naddresses for service filed under this rule. \r\n12. Consequences of failure to file address .– (1) Where a party fails to file \r\nan address for service as provided in the preceding rule, he shall be liable to have \r\nhis defence, if any, struck out and to be placed in the same position as if he had \r\nnot defended. \r\n (2) The Court may pass an order under sub­rule (1) suo moto or on the \r\napplication of any party. \r\n13. List of legal representatives of defendant .– (1) In every suit of the nature \r\nreferred to in rule 4, Order XXII, the written statement shall be accompanied by a \r\nstatement giving– \r\n(a) the names and addresses of the persons who, in the event of the \r\ndeath of the defendant, may be made a party as his legal \r\nrepresentatives; \r\n(b) the name and address of the person, who in the event of the death \r\nof the defendant, shall intimate such fact to the Court, furnish the \r\nCourt with the names, particulars and addresses of the legal \r\nrepresentatives of the defendant and make an application for \r\nthe 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 representatives; \r\n(b) nominate another person, in the place of the person nominated \r\nunder clause (b) of sub­rule (1), for the purposes of that clause. \r\n (3) A nomination made under clause (b) of sub­rule (1) shall, unless \r\nvaried under clause (b) of sub­rule (2), remain in force throughout the pendency \r\nof the suit and any proceedings arising therefrom, including appeal, revision or \r\nreview.] \r\n2\r\n[(4) Failure of the defendant to file the list of legal representatives, as \r\naforesaid, shall render his defence liable to be struck out.  \r\n                                                \r\n1Rule 11 to 13 were added by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 14 April 1972, pp. 526-583, s. 2 read with the Schedule. \r\n2Inserted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and, was \r\npublished in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 7: It came into force on 1 November \r\n2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, Part -III, \r\ndated: 28 October 2020, p. 225. \r\n(5) The Court  may, on an application made by the defendant when \r\naccompanied with the list of legal representatives and disclosing a sufficient cause \r\nfor non-filing of the list, recall the order passed under sub -rule (4) and allow him to \r\ncontinue with his defence of the  suit.]  \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 \r\nanswer.– On the day fixed in the summons for the defendant to appear and \r\nanswer, the parties shall be in attendance at the Court­house in person or by \r\ntheir respective pleaders, and the suit shall then be heard unless the hearing \r\nis adjourned to a future day fixed by the Court. \r\n2. Dismissal of suit where summons not served in consequence of \r\nplaintiff‟s failure to  pay costs .– Where on the day so fixed it is found that the \r\nsummons has not been served upon the defendant in consequence of the failure \r\nof the plaintiff to pay the court­fee or postal charges (if any) chargeable for such \r\nservice, the Court may make an order that the suit be dismissed: \r\nProvided that no such order shall be made although the summons has \r\nnot been served upon the defendant, if on the day fixed for him to appear and \r\nanswer he attends in person or by agent when he is allowed to appear by agent. \r\n3. Where neither party appears, suit to be dismissed .– Where neither party \r\nappears when the suit is called on for hearing, the Court may make an order that \r\nthe suit be dismissed. \r\n4. Plaintiff may bring fresh suit or Court may restore suit to file .– \r\n1\r\n[(1)] \r\nWhere a suit is dismissed under rule 2 or rule 3, the plaintiff may (subject to the \r\nlaw of limitation) bring a fresh suit, or he may apply for an order to set the \r\ndismissal aside, and if he satisfies the Court that there was sufficient cause for his \r\nnot paying the court­fee and postal charges (if any) required within the time fixed \r\nbefore the issue of the summons, or for his non­appearance, as the case may \r\nbe, the Court shall make an order setting aside the dismissal and shall appoint a \r\nday for proceeding with the suit. \r\n2\r\n[(2) The provision of section 5 of the Limitation Act, 1908 (IX of 1908) \r\nshall apply to applications under sub­rule (1).] \r\n5. Dismissal of suit where plaintiff, after summons returned unserved, \r\nfails for  \r\n3\r\n[three months ] to apply for fresh summ ons.– \r\n4\r\n[(1) Where, after a \r\nsummons has been issued to the defendant, or to one of several defendants, and \r\nreturned unserved, the plaintiff fails, for a period of three months from the date of \r\n                                                \r\n1Renumbered by the Notification No. 300 Rules/XI­Y­26, dated: 2 October 2001; issued by the Lahore High Court, Lahore; and, \r\nwas published in the Gazette of Pakistan (Extraordinary), Part-III, dated: 18 October 2001. \r\n2Added ibid. \r\n3Substituted for the words “a year” by virtue of substitution of subsection (1) by the Code of Civil Procedure (Amendment) Act, \r\n1920 (XXIV of 1920), published in the Gazette of India, dated: 4 September 1940, p. 73, s. 2. \r\n4Substituted by the Code of Civil Procedure (Amendment) Act, 1920 (XXIV of 1920), published in the Gazette of India, dated: 4 \r\nSeptember 1940, p. 75, s. 2. \r\nthe return made to the Court by the officer ordinarily certifying to the Court \r\nreturns made by the serving officers, to apply for the issue of a fresh summons the \r\nCourt shall make an order that the suit be dismissed as against such defendant, \r\nunless the plaintiff has within the said period satisfied the Court that– \r\n(a) he has failed after using his best endeavours to discover the \r\nresidence of the defendant 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 \r\ncase the Court may extend the time for making such application for \r\nsuch period as it thinks fit.] \r\n (2) In such case the plaintiff may (subject to the law of limitation) bring a \r\nfresh suit. \r\n6. Procedure when only plaintiff appears .– (1) Where the plaintiff appears \r\nand the defendant does 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 \r\nduly served, the Court may proceed ex parte \r\n1\r\n[and pass decree \r\nwithout recording evidence]; \r\n(b) When summons not  duly served .– if it is not proved that the \r\nsummons was duly served, the Court shall direct a second summons \r\nto be issued and served on the defendant; \r\n(c) When summons served, but not in due time .– if it is proved that \r\nthe summons was served on the defendant, but not in sufficient time \r\nto enable him to appear and answer on the day fixed in the \r\nsummons, the Court shall postpone the hearing of the suit to a future \r\nday to be fixed by the Court, and shall direct notice of such day to be \r\ngiven to the defendant. \r\n (2) Where it is owing to the plaintiff's default that the summons was not \r\nduly served or was not served in sufficient time, the Court shall order the \r\nplaintiff to pay the costs occasioned by the postponement. \r\n7. Procedure where defendant appears on day of adjourned hearing and \r\nassigns good cause for previous non­appearance .– Where the Court has \r\nadjourned the hearing of the suit ex parte, and the defendant, at or before such \r\nhearing, appears and assigns good cause for his previous non­appearance, he \r\nmay, upon such terms as the Court directs as to costs or otherwise, be heard in \r\nanswer to the suit as if he had appeared on the day fixed for his appearance. \r\n8. Procedure where defendant only appears .– Where the defendant \r\nappears and the plaintiff does not appear when the suit is called on for hearing, \r\nthe Court shall make an order that the suit be dismissed, unless the defendant \r\nadmits the claim, or part thereof, in which case the Court shall pass a decree \r\nagainst the defendant upon such admission, and, where part only of the \r\nclaim has been admitted, shall dismiss the suit so far as it relates to the remainder. \r\n                                                \r\n1Inserted by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 \r\nApril 1972, pp. 526-583, s. 2 read with the Schedule. \r\n9. Decree against plaintiff by default bars fres h suit.– (1) Where a suit is \r\nwholly or partly dismissed under rule 8, the plaintiff shall be precluded from \r\nbringing a fresh suit in respect of the same cause of action. But he may apply for \r\nan order to set the dismissal aside, and if he satisfies the Court that there was \r\nsufficient cause for his non­appearance when the suit was called on for hearing, \r\nthe Court shall make an order setting aside the dismissal upon such terms as to \r\ncosts or otherwise as it thinks fit, and shall appoint a day for proceeding with the \r\nsuit. \r\n1\r\n[Provided that the plaintiff shall not be precluded from bringing another suit \r\nfor redemption of a mortgage, although a former suit may have been dismissed for \r\ndefault.] \r\n(2) No order shall be made under this rule unless notice of the \r\napplication has been served on the opposite party. \r\n2\r\n[(3) The provisions of section 5 of the Limitation Act, 1908 (IX of \r\n1908), shall apply to applications under sub­rule (1).] \r\n10. Procedure in case of non­attendance of one or more of several \r\nplaintiffs.– Where there are more plaintiffs than one, and one or more of them \r\nappear, and the others do not appear, the Court may, at the instance of the \r\nplaintiff or plaintiffs appearing, permit the suit to proceed in the same way as if all \r\nthe plaintiffs had appeared, or make such order as it thinks fit. \r\n11. Procedure in case of non­attendance of one or more of several \r\ndefendants.– Where there are more defendants than one, and one or more of \r\nthem appear and the others do not appear, the suit shall proceed, and the Court \r\nshall, at the time of pronouncing judgment, make such order as it thinks fit with \r\nrespect to the defendants who do not appear. \r\n12. Consequence of non -attendance, without sufficient cause shown, of \r\nparty ordered to appear in person .– Where a plaintiff or defendant, who has \r\nbeen ordered to appear in person, does not appear in person, or show sufficient \r\ncause to the satisfaction of the Court for failing so to appear, he shall be subject \r\nto all the provisions of the foregoing rules applicable to plaintiffs and \r\ndefendants, respectively, who do not appear. \r\nSetting aside Decrees ex parte \r\n13. Setting aside decree ex­parte against defendant .– \r\n3\r\n[(1)] In any case in \r\nwhich a decree is passed ex parte against a defendant, he may apply to the \r\nCourt by which the decree was passed for an order to set it aside; and if he \r\nsatisfies 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 \r\n                                                \r\n1Added by the Notification No. 6 G, dated: 1 January 1909; issued by the Chief Court, Punjab; and, was published in the \r\nGovernment Gazette Punjab and its Dependencies, dated: 1 January 1909, pp. 2 -3. Above said Notification was confirmed by \r\nthe Notification No. 2212 G, dated: 12 May 1909; issued by the Chief Court, Punjab; and, was publishe d in the Government \r\nGazette Punjab and its Dependencies, dated: 21 May 1909, p. 571. \r\n2Added by the Code of Civil Procedure (Amendment) Ordinance, 1980 (X of 1980), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 26 March 1980, s. 14. \r\n3Renumbered ibid. \r\nfor hearing, the Court shall make an order setting aside the decree as against \r\nhim upon such terms as to costs, payment into Court or otherwise as it thinks fit, \r\nand shall appoint a day for proceeding with the suit: \r\nProvided that where the decree is of such a nature that it cannot be \r\nset aside as against such defendant only it may be set aside as against all or any \r\nof the other defendants also \r\n1\r\n[:] \r\n2\r\n[Provided further that no decree passed ex parte shall be set aside \r\nmerely on the ground of any irregularity in the service of summons, if the Court \r\nis satisfied, for reason to be recorded, that the defendant had knowledge of the \r\ndate of hearing in sufficient time to appear on that date and answer the claim.] \r\n3\r\n[(2) The provisions of section 5 of the Limitation Act, 1908 (IX of \r\n1908), shall apply to applications under sub­rule (1).] \r\n14. No decree to be set aside  without notice to opposite party .– No decree \r\nshall be set aside on any such application as aforesaid unless notice thereof has \r\nbeen served on the opposite party. \r\n \r\n4\r\n[ORDER IX-A \r\nINTERMEDIATE DATES \r\n5\r\n[1. Fixation of interm ediate date .– (1) After the close of the pleadings, the \r\nCourt shall fix –  \r\n(a) a day for examination of parties under Order X;  \r\n(b) a day for discovery and inspection under Order XI; and  \r\n(c) a day for its proceedings under Order XII.  \r\n(2) The Court may grant a maximum adjournment of three days for \r\ncompletion of each proceedings mentioned in sub -rule (1) and shall keep a full and \r\ncomplete record of these proceedings in Form 13 in Appendix C.  \r\n(3) It shall be the duty of the Court to take proceedings under Orders  X, \r\nXI and XII and to satisfy itself that the parties go to trial for precise and exact \r\nissues of law and facts they are at variance with each other.  \r\n(4) While taking proceedings under Orders X, XI and XII, the Court, \r\nhaving regard to the facts and circums tances of the case, shall carefully determine \r\n                                                \r\n1Substituted for the “full -stop” by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 14 April 1972, pp. 526-583, s. 2 read with the Schedule. \r\n2Added ibid. \r\n3Added by the Code of Civil Proce dure (Amendment) Ordinance, 1980 (X of 1980), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 26 March 1980, s. 14. \r\n4Added by the Notification No. 300 Rules/XI­Y­26, dated: 2 October 2001; issued by the Lahore High Court, Lahore; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), Part-III, dated: 18 October 2001. \r\n5Substituted by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  \r\nwas published in the Punjab Weekly Gazette, Par t-III, dated: 22 August 2018, pp. 270 -286, r. 8: It came into force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225. It was earlier added by the Notification No. 300 Rules/XI­Y­26, dated: 2 October 2001; \r\nissued by the Lahore High Court, Lahore; and, was published in the Gazette of Pakistan (Extraordinary), Part -III, dated: 18 \r\nOctober 2001. \r\nthe possibility of the alternate dispute resolution method and when so warranted \r\nadopt such a method in accordance with section 89 -A. \r\n(5) The Court shall stay the proceedings of the suit for a period which is \r\nnot more than thirty days when it requires the parties to adopt any of the alternate \r\ndispute resolution method.  \r\n2. Case management questionnaire .– (1) The plaintiff shall file along with \r\nthe plaint a duly filled in case management questionnaire in Form 14 i n Appendix \r\nC.  \r\n(2) The defendant shall, at the time of presenting his written statement, \r\nfile a duly filled in case management questionnaire in Form 15 in Appendix C. ] ] \r\n1\r\n[ORDER IX-B \r\nALTERNATE DISPUTE RESOLUTION  \r\n1. Reference to mediation .– (1) Except where  the Court is satisfied that \r\nthere is no possibility of mediation or an intricate question of law or facts is \r\ninvolved, the Court shall refer the case for mediation.  \r\n(2)  While referring the matter for mediation, the Court may indicate the \r\nmaterial issues  for determination through mediation.  \r\n2. Appearance of parties .– Where a case is referred for mediation, the \r\nCourt shall stay the proceedings for a period not exceeding thirty days and direct \r\nthe parties to appear before the Mediation Centre, set up by Lah ore High Court, \r\non such date and time as the  Court may specify.  \r\n3. Settlement.– (1) Where the mediation proceedings are successful and the \r\nparties have arrived at an agreement, the Mediator shall cause the same to be \r\nrecorded in writing, signed by the par ties or their recognized agents or their \r\npleaders and attested by two independent witnesses.  \r\n(2) The agreement shall be certified by the Mediator and transmitted \r\nforthwith, through the Administrator of the Mediation Centre, to the Court.  \r\n(3) The Court shal l, on receipt of the agreement, pass a decree in \r\nterms thereof unless the Court, for reasons to be recorded in writing, finds that \r\nthe agreement between the parties is not enforceable at law.   \r\n(4)  Where the settlement relates only to a part of the dispute , the Court \r\nshall pass decree or an order in terms of such settlement and proceed to adjudicate \r\nthe remaining issues.  \r\n4. Failure of mediation .– Where the meditation fails and no settlement is made \r\nbetween the parties, the Mediator shall submit a report to the Court and the Court \r\nshall proceed with the case from the stag e it was referred to Mediation. ] \r\n                                                \r\n1Inserted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and, was \r\npublished in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 9: It came into force on 1 November \r\n2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, Part -III, \r\ndated: 28 October 2020, p. 225. \r\nORDER X \r\nExamination of Parties by the Court \r\n1. Ascertainment whether  allegations in pleadings are admitted or \r\ndenied.– At the first hearing of the suit the Court shall ascertain from each party \r\nor his pleader whether he admits or denies such allegations of fact as are made \r\nin the plaint or written statement (if any) of the opposite party, and as are not \r\nexpressly or by necessary implication admitted or denied by the party against \r\nwhom they are made. The Court shall record such admissions and denials. \r\n1\r\n[1A. The Court may adopt any lawful procedure not inconsistent with the \r\nprovisions of this Code to– \r\n(i) conduct preliminary proceedings and issue orders for expediting \r\nprocessing of the case; \r\n(ii) issue, with the consent of parties, commission to examine witnesses, \r\nadmit documents and take other steps for the purpose of trial; \r\n(iii) adopt, with the consent of parties, any alternative method of dispute \r\nresolution including mediation, conciliation or any such other means.] \r\nClause (iii) of rule 1A of Order X has been repealed by the Punjab \r\nAlternate Dispute Resolution Act 2019 published in the Punjab \r\nGazette (Extraordinary), dated: 11 October 2019, pp. 1191 - 1195, \r\ns.26; however, it shall come into force on such dates and in such areas \r\nof Punjab as the Government may determine by Notification in the \r\nofficial Gazette. \r\n2. Oral examination of party or companion of party .– At the first hearing of \r\nthe suit, or at any subsequent hearing, any party appear ing in person or present in \r\nCourt, or any person able to answer any material questions relating to the suit by \r\nwhom such party or his pleader is accompanied,  \r\n2\r\n[shall] be examined orally by the \r\nCourt; and the Court may, if it thinks fit, put in the course o f such examination \r\nquestions suggested by either party.  \r\n3. Substance of examination to be written .– The substance of the \r\nexamination shall be reduced to writing by the Judge, and shall form part of the \r\nrecord. \r\n4. Consequence of refusal or inability of plea der to answer .– (1) Where \r\nthe pleader of any party who appears by a pleader or any such person \r\naccompanying a pleader as is referred to in rule 2, refuses or is unable to answer \r\nany material question relating to the suit which the Court is of  opinion that the \r\nparty whom he represents ought to answer, and is likely to be able to answer if \r\ninterrogated in person, the Court may postpone the hearing of the suit to a future \r\nday and direct that such party shall appear in person on such day. \r\n                                                \r\n1Inserted by the Code of Civil Procedure (Amendment) Ordinance, 2002 (XXXIV of 2002), published in the Gazette of \r\nPakistan(Extraordinary), dated: 27 July 2002, pp. 877- 878, s. 3. \r\n2Substituted for the word “may” by the Civil Laws (Reforms) Act, 1994 ( XIV of 1994); assented to by the President on 27 July \r\n1994; and, was published in the Gazette of Pakistan (Extraordinary), dated: 31 July 1994, pp. 683-688, s. 11. \r\n (2) If such party fails without lawful excuse to appear in person on the \r\nday so appointed, the Court may pronounce judgment against him, or make such \r\norder in relation to the suit as it thinks fit. \r\nORDER XI \r\nDiscovery and Inspection \r\n1\r\n[1. Discoveries by interrogatories .– The Cou rt shall direct the parties to \r\ndeliver interrogatories in writing for the examination of the opposite parties or any \r\none or more of such parties stating clearly which of such interrogatories each of \r\nsuch person is required to answer, provided that the Cour t may reject an \r\ninterrogatory or  part thereof which, in its opinion, is not relevant to the case.  \r\n2. Communication of interrogatories .– On receipt of the interrogatories under \r\nrule 1, the Court shall deliver the interrogatories to the concerned person for  \r\nsubmitting the answer within such time as the Court may specify. ] \r\n3. Costs of interrogatories .– In adjusting the costs of the suit inquiry shall at \r\nthe instance of any party be made into the propriety of exhibiting such \r\ninterrogatories, and if it is the o pinion of the taxing officer or of the Court, either with \r\nor without an application for inquiry that such interrogatories have been exhibited \r\nunreasonably, 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 \r\nfault. \r\n4. Form of interrogatories .– Interrogatories shall be in Form No. 2 in \r\nAppendix C, with such variations as circumstances may require.  \r\n5. Corporations.– Where any party to a suit is a corporation or  a body of \r\npersons, whether incorporated or not, empowered by law to sue or be sued, \r\nwhether in its own name or in the name of any officer or other person, any opposite \r\nparty may apply for an order allowing him to deliver interrogatories to any member \r\nor officer of such corporation or body, and an order may be made accordingly.  \r\n6. Objections to interrogatories by answer .– Any objection to answering any \r\ninterrogatory on the ground that it is scandalous or irrelevant or not exhibited bona \r\nfide for the purpose  of the suit, or that the matters inquired into are not sufficiently \r\nmaterial at that stage, or on any other ground, may be taken in the affidavit in \r\nanswer. \r\n7. Setting aside and striking out interrogatories .– Any interrogatories may \r\nbe set aside on the gr ound that they have been exhibited unreasonably or \r\nvexatiously, or struck out on the ground that they are prolix, oppressive, \r\nunnecessary or scandalous; and any application for this purpose may be made \r\nwithin seven days after service of the interrogatories . \r\n                                                \r\n1Substituted by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  \r\nwas published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 1 0: It came into force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225. \r\n1\r\n[8. Affidavit.– The interrogatories shall be answered by an affidavit to be filed \r\nwithin the time specified by the Court. ] \r\n9. Form of affidavit in answer .– An affidavit in answer to interrogatories shall \r\nbe in Form No. 3 in Appendix C, with such variati ons as circumstances may \r\nrequire. \r\n10. No exception to be taken .– No exceptions shall be taken to any affidavit in \r\nanswer, but the sufficiency or otherwise of any such affidavit objected to as \r\ninsufficient shall be determined by the Court.  \r\n2\r\n[11. Order to an swer or answer further .– Where any person interrogated \r\nsubmits an insufficient or an evasive answer, the Court may require him to submit \r\nthe proper answer within the time specified by the Court.] \r\n3\r\n[12. Application for discovery of documents .– (1) Any party  may apply to the \r\nCourt for an order directing any other party to a suit to make discovery on oath of the \r\ndocuments which are or have been in his possession or power, relating to a matter in \r\nissue in the suit.  \r\n(2) On hearing such application, the Court ma y either refuse or adjourn the \r\nsame, if it is satisfied that such discovery is not necessary or not necessary at that \r\nstage of the suit, or may, after being satisfied as to the validity of the prayer made, \r\ndirect the other party to make the discovery: \r\n Provided that the discovery shall not be ordered when and so far as the Court \r\nis of opinion that it is not necessary either for disposing the suit or for saving costs.] \r\n13. Affidavit of documents .– The affidavit to be made by a party against \r\nwhom such order as is mentioned in the last preceding rule has been made, \r\nshall specify which (if any) of the documents therein mentioned he objects to \r\nproduce, and it shall be in Form No. 5 in Appendix C, with such variations as \r\ncircumstances may require. \r\n14. Production o f documents .– It shall be lawful for the Court, at any time \r\nduring the pendency of any suit, to order the production by any party thereto, \r\nupon oath, of such of the documents in his possession or power, relating to any \r\nmatter in question in such suit, as the Court shall think right; and the Court may \r\ndeal with such documents, when produced, in such manner as shall appear just. \r\n15. Inspection of documents referred to in pleadings or affidavits .– Every \r\nparty to a suit shall be entitled at any time to give notice to any other party, in \r\nwhose pleadings or affidavits reference is made to any document, to produce such \r\ndocument for the inspection of the party giving such notice, or of his pleader, and \r\nto permit him or them to take copies thereof; and any party not complying with \r\n                                                \r\n1Substituted by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by the Lahor e High Court, Lahore; and,  \r\nwas published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 1 0: It came into force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab We ekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225. \r\n2Ibid. \r\n3Ibid. \r\nsuch notice shall not afterwards be at liberty to put any such document in evidence \r\non his behalf in such suit unless he shall satisfy the Court that such document \r\nrelates only to his own title, he being a defendant to the suit, or that he had some \r\nother cause or excuse which the Court shall deem sufficient for not complying \r\nwith 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 \r\nto in his pleading or affidavits shall be in Form No. 7  in Appendix C, with such \r\nvariations as circumstances may require. \r\n17. Time for inspection when notice given .– The party to whom such notice is \r\ngiven shall, within ten days from the receipt of such notice, deliver to the party \r\ngiving the same a notice stating a time within three days from the delivery \r\nthereof at which the documents, or such of them as he does not object to \r\nproduce, may be inspected at the office of his pleader, or in the case of \r\nbankers' books or other books of account or books in constant use for the \r\npurposes of any trade or business, at their usual place of custody, and stating \r\nwhich (if any) of the documents he objects to produce, and on what ground. \r\nSuch notice shall be in Form No. 8  in Appendix C, with such variations as \r\ncircumstances may require. \r\n18. Order for inspection .– (1) Where the party served with notice under rule \r\n15 omits to give such notice of a time for inspection or objects to give inspection, \r\nor offers inspection elsewhere than at the office of his pleader, the Court may, on \r\nthe application of the party desiring it, make an order for inspection in such place \r\nand in such manner as it may think fit: Provided that the order shall not be made \r\nwhen and so far as the Court shall be of opinion that it is not necessary either for \r\ndisposing fairly of the suit or for saving costs. \r\n (2) Any application to inspect documents, except such as are \r\nreferred to in the pleadings, particulars or affidavits of the party against whom \r\nthe application is made or disclosed in his affidavit of documents, shall be founded \r\nupon an affidavit showing of what documents inspection is sought, that the party \r\napplying is entitled to inspect them, and that they are in the possession or power \r\nof the other party. The Court shall not make such order for inspection of such \r\ndocuments when and so far as the Court shall be of opinion that it is not \r\nnecessary either for disposing fairly of the suit or for saving costs. \r\n19 Verified copies.– (1) Where inspection of any business books is applied for \r\nthe Court may, if it thinks fit, instead of ordering inspection of the original books, \r\norder a copy of any entries therein to be furnished and verified by the affidavit of \r\nsome person who has examined the copy with the original entries, and such \r\naffidavit shall state whether or not there are in the original book any and what \r\nerasures, interlineations or alterations: Provided that, notwithstanding that \r\nsuch copy has been supplied, the Court may order inspection of the book from \r\nwhich the copy was made. \r\n(2) Where on an application for an order for inspection privilege is \r\nclaimed for any document, it shall be lawful for the Court to inspect the document \r\nfor the purpose of deciding as to the validity of the claim of privilege. \r\n(3) The Court may, on the application of any party to a suit at any time, \r\nand whether an affidavit of documents shall or shall not have already been \r\nordered or made, make an order requiring any other party to state by affidavit \r\nwhether 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; \r\nand, if not then in his possession, when he parted with the same and what has \r\nbecome thereof. Such application shall be made on an affidavit stating that in the \r\nbelief of the deponent the party against whom the application is made has, or has \r\nat some time had, in his possession or power the document or documents \r\nspecified in the application, and that they relate to the matters in question in the \r\nsuit, or to some of them. \r\n20. Premature discovery .– Where the party from whom discovery of any \r\nkind or inspection is sought objects to the same, or any part thereof, the \r\nCourt may, if satisfied that the right to the discovery or inspection sought \r\ndepends on the determination of any issue or question in dispute in the suit, or \r\nthat for any other reason it is desirable that any issue or question in dispute in the \r\nsuit should be determined before deciding upon the right to the discovery or \r\ninspection, order that such issue or question be determined first, and reserve the \r\nquestion as to the discovery or inspection. \r\n21. Non­compliance with order for discovery .– Where any party fails to \r\ncomply with any order to answer interrogatories, or for discovery or inspection of \r\ndocuments, he shall, if a plaintiff, be liable to have his suit dismissed for want of \r\nprosecution, and, if a defendant, to have his defence, if any, struck out, and to be \r\nplaced 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 \r\nto that effect, and an order may be made accordingly. \r\n22. Using answers to interrogatories at trial .– Any party may, at the trial of a \r\nsuit, use in evidence any one or more of the answers or any part of an answer \r\nof the opposite party to interrogatories without putting in the others or the whole \r\nof such answer: Provided always that in such case the Court may look at the \r\nwhole of the answers, and if it shall be of opinion that any others of them are \r\nso connected with those put in that the last­mentioned answers ought not to be \r\nused without them, it may direct them to be put in. \r\n23. Order to apply to minors. – This Order shall apply to minor plaintiffs and \r\ndefendants, and to the next friends and guardians for the suit of persons under \r\ndisability. \r\nORDER XII \r\nAdmissions \r\n1\r\n[1. Admission of case .– The Court shall enquire from a party whether or not \r\nit admits the truth of the wh ole or part of the case set up by the other party in the \r\npleadings. ] \r\n2\r\n[2. Admission of documents .– (1) The Court shall also require the parties to \r\nadmit or deny the documents annexed with the plaint or, as the case may be, the \r\nwritten statement.  \r\n(2) If a party fails to comply with the direction under sub -rule (2), the \r\nCourt may proceed against such party under rule 21 of Order XI.  \r\n(3) If a party denies a document which is proved at the trial, the Court \r\nshall burden such party with such heavy costs as it ma y deem fit. ] \r\n3. Form of notice .– A notice to admit documents shall be in Form No. 9  in \r\nAppendix C, with such variations as circumstances may require. \r\n4. Notice to admit facts .– Any party may, by notice in writing, at any time not \r\nlater than nine days before the day fixed for the hearing, call on any other party to \r\nadmit, for the purposes of the suit only, any specific fact or facts mentioned in such \r\nnotice. And in case of refusal or neglect to admit the same within six days after \r\nservice of such notice, or within such further time as may be allowed by the \r\nCourt, the costs of proving such fact or facts shall be paid by the party so \r\nneglecting or refusing, whatever the result of the suit may be, unless the Court \r\notherwise directs: Provided that any admission made in pursuance of such notice \r\nis to be deemed to be made only for the purposes of the particular suit, and not \r\nas an admission to be used against the party on any other occasion or in favour \r\nof any person other than the party giving the notice: Provided also that the Court \r\nmay at any time allow any party to amend or withdraw any admission so made on \r\nsuch terms as may be just. \r\n3\r\n[4-A. Power of Court to record admission of documents and fact s.– \r\nNotwithstanding that no notice to admit documents or facts has been given under \r\nRules 2 and 4 respectively, the Court may, at any stage of the proceedings before \r\nit, of its own motion, call upon any party to admit any document or fact and shall in \r\nsuch a case, record whether the party admits or refuses or neglects to admit \r\nsuch document or fact.] \r\n                                                \r\n1Substituted by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  \r\nwas published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 1 1: It came into force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225. \r\n2Ibid. \r\n3Added by the Notification No. 300 Rules/XI­Y­26, dated: 2 October 2001; issued by the Lahore High Court, Lahore; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), Part-III, dated: 18 October 2001. \r\n5. Form of admissions .– A notice to admit facts shall be in Form No. 10 \r\nin Appendix C, and admissions of facts shall be in Form No. 11 in Appendix C, \r\nwith such variations as circumstances may require. \r\n6. Judgment on admissions .– Any party may at any stage of a suit, where \r\nadmissions of fact have been made, either on the pleadings, or otherwise, apply \r\nto the Court for such judgment or order as upon such admissions he may be \r\nentitled to, without waiting for the determination of any other question between \r\nthe parties: and the Court may upon such application make such order, or give \r\nsuch judgment, as the Court may think just. \r\n7. Affidavit of signature .– An affidavit of the pleader or his clerk, of the \r\ndue signature of any admissions made in pursuance of any notice to admit \r\ndocuments or facts, shall be sufficient evidence of such admissions, if evidence \r\nthereof is required. \r\n8. Notice to produce documents .– Notice to produce documents shall be \r\nin Form No. 12  in Appendix C, with such variations as circumstances may \r\nrequire. An affidavit of the pleader, or his clerk, of the service of any notice to \r\nproduce, and of the time when it was served, with a copy of the notice to \r\nproduce, shall in all cases be sufficient evidence of the service of the notice, and \r\nof the time when it was served. \r\n9. Costs.– If a notice to admit or produce specifies documents which are not \r\nnecessary, the costs occasioned thereby shall be borne by the party giving such \r\nnotice. \r\nORDER XIII \r\nProduction, Impounding and Return of Documents \r\n1. Documentary evidence to be produced at first hearing .– (1) The parties \r\nor their pleaders shall produce, at the first hearing of the suit, all the documentary \r\nevidence of every description in their possession or power, on which they intend to \r\nrely, and which has not already been filed in Court, and all documents which the \r\nCourt has ordered to be produced. \r\n(2) The Court shall receive the documents so produced: Provided that \r\nthey are accompanied by an accurate list thereof prepared in such form as the \r\nHigh Court directs. \r\n1\r\n[(3) On production of documents under this rule, the Court may call upon \r\nthe parties to admit or deny the documents produced in the Court and record their \r\nadmission or, as the case may be, denial.] \r\n2. Effect of non­production  of documents .– No documentary evidence in \r\nthe possession or power of any party which should have been but has not been \r\nproduced in accordance with the requirements of rule 1 shall be received at any \r\nsubsequent stage of the proceedings unless good cause is shown to the \r\n                                                \r\n1Added by the Civil Laws (Reforms) Act, 1994 ( XIV of 1994); assented to by the President on 27 July 1994; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 31 July 1994, pp. 683-688, s. 11. \r\nsatisfaction of the Court for the non­production thereof; and the Court receiving \r\nany such evidence shall record the reasons for so doing. \r\n3. Rejection of irrelevant or inadmissible documents .– The Court may at \r\nany stage of the suit reject any document which it considers irrelevant or \r\notherwise inadmissible, recording the grounds of such rejection. \r\n4. Endorsements on documents admitted in evidence .– (1) Subject to the \r\nprovisions of the next following sub­rule, there shall be endorsed on every \r\ndocument which has been admitted in evidence in the suit the following particulars, \r\nnamely:– \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(2) Where a document so admitted is an entry in a book, account or \r\nrecord, and a copy thereof has been substituted for the original under the next \r\nfollowing rule, the particulars aforesaid shall be endorsed on the copy and the \r\nendorsement thereon shall be signed or initialled by the Judge. \r\n5. Endorsements on copies of admitted entries in books, accounts and \r\nrecords.– (1) Save in so far as is otherwise provided by the Bankers' Books \r\nEvidence Act, 1891\r\n1\r\n, where a document admitted in evidence in the suit is an \r\nentry in a letter­book or a shop­book or other account in current use, the party on \r\nwhose behalf the book or account is produced may furnish a copy of the entry. \r\n (2) Where such a document is an entry in a public record produced \r\nfrom a public office or by a public officer, or an entry in a book or account \r\nbelonging to a person other than a party on whose behalf the book or account is \r\nproduced, 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, \r\nthen by that party, or \r\n(b) where the record, book or account is produced in obedience to an \r\norder of the Court acting of  its own motion, then by either or any \r\nparty. \r\n(3) Where a copy of an entry is furnished under the foregoing \r\nprovisions of this rule, the Court shall, after causing the copy to be examined, \r\ncompared and certified in manner mentioned in rule 17 of Order VII, mark the entry \r\nand cause the book, account or record in which it occurs to be returned to the \r\nperson producing it. \r\n6. Endorsements on documents rejected as inadmissible in evidence .– \r\nWhere a document relied on as evidence by either party is considered by the \r\nCourt to be inadmissible in evidence, there shall be endorsed thereon the \r\n                                                \r\n1VIII of 1891. \r\nparticulars mentioned in clauses (a), (b)  and (c) of rule 4, sub­rule (1) together \r\nwith a statement of its having been rejected, and the endorsement shall be \r\nsigned or initialled by the Judge. \r\n7. Recording of admitted and return of  rejected documents .– (1) Every \r\ndocument which has been admitted in evidence, or a copy thereof where a copy \r\nhas been substituted for the original under rule 5, shall form part of the record of \r\nthe suit. \r\n (2) Documents not admitted in evidence shall not form part of the record \r\nand shall be returned to the persons respectively producing them. \r\n8. Court may order any document to be impounded .– Notwithstanding \r\nanything contained in rule 5 or rule 7 of this Order or in rule 17 of Order VII, the \r\nCourt may, if it sees sufficient cause, direct any document or book produced \r\nbefore it in any suit to be impounded and kept in the custody of an officer of the \r\nCourt, 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 \r\nsuit or not, desirous of receiving back any document produced by him in the suit \r\nand placed on the record shall, unless the document is impounded under rule 8, be \r\nentitled to receive back the same,– \r\n(a) where the suit is one in which an appeal is not allowed, when the suit \r\nhas been disposed of, and \r\n(b) where the suit is one in which an appeal is allowed, when the Court is \r\nsatisfied that the time for preferring an appeal has elapsed and that \r\nno appeal has been preferred or, if an appeal has been preferred, \r\nwhen the appeal has been disposed of: \r\nProvided that a document may be returned at any time earlier than that \r\nprescribed by this rule if the person applying therefor delivers to the proper \r\nofficer a certified copy to the substituted for the original and undertakes to \r\nproduce the original if required to do so: \r\nProvided also that no document shall be returned which, by force of \r\nthe decree, has become wholly void or useless. \r\n1\r\n[Provided further that the costs of such certifi ed copy shall be recoverable \r\nas a fine from the party at whose instance the original document has been \r\nproduced.] \r\n (2) On the return of a document admitted in evidence a receipt shall \r\nbe given by the person receiving it. \r\n10. Court may send for papers from its own records or from other Courts .– \r\n(1) The Court may of its own motion, and may in its discretion upon the application \r\nof any of the parties to a suit, send for, either from its own records or from any other \r\nCourt, the record of any other suit or proce eding, and inspect the same.  \r\n                                                \r\n1Added by the N otification No. 563-G, dated: 24 November 1927; issued by the High Court of Judicature at Lahore; and, was  \r\npublished in the Government Gazette Punjab and its Dependencies, dated: 9 December 1927, Part-III, p. 1587.  \r\n (2) Every application made under this rule shall (un less the Court \r\notherwise directs) be supported by an affidavit showing how the record is material \r\nto the suit in which the application is made, and that the applicant cannot without \r\nunreasonable delay or expense obtain a duly authenticated copy of the record \r\nor of such portion thereof as the applicant requires, or that the production of \r\nthe original is necessary for the purposes of justice. \r\n (3) Nothing contained in this rule shall be deemed to enable the \r\nCourt to use in evidence any document which under the law of evidence would \r\nbe inadmissible in the suit. \r\n11. Provisions as to documents applied to material objects .– The provisions \r\nherein contained as to documents shall, so far as may be, apply to all other \r\nmaterial objects producible as evidence. \r\nORDER XIV \r\nSettlement of Issues and Determination of Suit on Issues of Law \r\nor on Issues agreed upon \r\n1. Framing of issues .– (1) Issues arise when a material proposition of fact or \r\nlaw is affirmed by the one party and denied by the other. \r\n (2) Material propositions are those propositions of law or fact which a \r\nplaintiff must allege in order to show a right to sue or a defendant must allege in \r\norder to constitute his defence. \r\n (3) Each material proposition affirmed by one party and denied by the \r\nother shall form the subject of a distinct issue. \r\n (4) Issues are of two kinds: (a) issues of fact, (b) issues of law. \r\n \r\n1\r\n[(5) At the first hearing of the suit after the proceedings under Orders X, \r\nXI and XII, the Court shall, after reading the plaint, the written statement and \r\nsuch examination of the parties as may be necessary, determine the material \r\npropositions of facts or of law in dispute between the parties and shall proceed \r\nto frame and record  the issues on which the decision is likely to depend. ] \r\n (6) Nothing in this rule requires the Court to frame and record issues \r\nwhere the defendant at the first hearing of the suit makes no defence. \r\n2. Issues of law and of fact .– Where issues both of law and of fact arise in \r\nthe same suit, and the Court is of opinion that the case or any part thereof may be \r\ndisposed of on the issues of law only, it shall try those issues first, and for that \r\npurpose may, if it thinks fit, postpone the settlement of the issues of fact until after \r\nthe issues of law have been determined. \r\n3. Materials from which issues may be framed .– The Court may frame the \r\nissues from all or any of the following materials:– \r\n                                                \r\n1Substituted by the Notification No. 23 7/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  \r\nwas published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 1 2: It came into force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225. \r\n(a)  allegations made on oath by the parties, or by any persons present \r\non their behalf, or made by the pleaders of such parties; \r\n(b)  allegations made in the pleadings or in answers to interrogatories \r\ndelivered in the suit; \r\n(c)  the contents of documents produced by either party. \r\n4. Court may examine witnesses or documents befo re framing issues .– \r\nWhere the Court is of opinion that the issues cannot be correctly framed without \r\nthe examination of some person not before the Court or without the inspection of \r\nsome document not produced in the suit, it may adjourn the framing of the \r\nissues to a future 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 \r\nperson in whose possession or power it is by summons or other process. \r\n5. Power to amend, and stri ke out, issues .– (1) The Court may at any time \r\nbefore passing a decree amend the issues or frame additional issues on such \r\nterms as it thinks fit, and all such amendments or additional issues as may \r\nbe necessary for determining the matters in controversy between the parties \r\nshall be so made or framed. \r\n (2) The Court may also, at any time before passing a decree, strike out \r\nany issues that appear to it to be wrongly framed or introduced. \r\n6. Questions of fact or law may by agreement be stated in form of \r\nissues.– Where the parties to a suit are agreed as to the question of fact or of \r\nlaw to be decided between them, they may state the same in the form of an \r\nissue, and enter into an agreement in writing that, upon the finding of the Court in \r\nthe affirmative or the negative of such issue,– \r\n(a) a sum of money specified in the agreement or to be ascertained by \r\nthe Court, or in such manner as the Court may direct, shall be paid \r\nby one of the parties to the other of them, or that one of them be \r\ndeclared entitled to some right or subject to some liability specified in \r\nthe agreement; \r\n(b) some property specified in the agreement and in dispute in the suit \r\nshall be delivered by one of the parties to the other of them, or as that \r\nother may direct; or \r\n(c) One or more of the parties shall do or abstain from doing some \r\nparticular act specified in the agreement and relating to the matter in \r\ndispute. \r\n7. Court, if satisfied that agreement was executed in good faith, may \r\npronounce judgment. – Where the Court is satisfied, after making such inquiry as \r\nit 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 \r\nas aforesaid, and \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 \r\ndecision thereon in the same manner as if the issue had been framed by the \r\nCourt; \r\nand shall, upon the finding or decision on such issue, pronounce judgment \r\naccording to the terms of the agreement; and, upon the judgment so pronounced, \r\na decree shall follow. \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 \r\nthe parties are not at issue on any question of law or of fact, the Court may at \r\nonce pronounce judgment. \r\n2. One of several defendants not at issue .– Where there are more \r\ndefendants than one, and any one of the defendants is not at issue with the \r\nplaintiff on any question of law or of fact, the Court may at once pronounce \r\njudgment 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 \r\nlaw or of fact, and issues have been framed by the Court as hereinbefore \r\nprovided, if the Court is satisfied that no further argument or evidence than the \r\nparties can at once adduce is required upon such of the issues as may be sufficient \r\nfor the decision of the suit, and that no injustice will result from proceeding with \r\nthe suit forthwith, the Court may proceed to determine such issues, and, if the \r\nfinding thereon is sufficient for the decision, may pronounce judgment \r\naccordingly, whether the summons has been issued for the settlement of issues \r\nonly or for the final disposal of the suit: \r\nProvided that, where the summons has been issued for the settlement of \r\nissues only, the parties or their pleaders are present and none of them objects. \r\n(2) Where the finding is not sufficient for the decision, the Court shall \r\npostpone the further hearing of the suit, and shall fix a day for the production of \r\nsuch further evidence, or for such further argument as the case requires. \r\n4. Failure to produce evidence .– Where the summons has been issued for \r\nthe final disposal of the suit and either party fails without sufficient cause to \r\nproduce the evidence on which he relies, the Court may at once pronounce \r\njudgment, or may, if it thinks fit, after framing and recording issues, adjourn the \r\nsuit for the production of such evidence as may be necessary for its decision \r\nupon such issues. \r\nORDER XVI \r\nSummoning and Attendance of Witnesses \r\n1\r\n[1. Summons to attend to give evidence or produce documents .–\r\n 2\r\n[(1) The \r\nCourt shall, immediately after framing of the issues, require the parties to file a list of \r\nwitnesses in the Court withi n such period, not later than seven days, as the Court \r\nmay fix.]  \r\n3\r\n[(2) A party shall not be permitted to call witnesses other than those \r\ncontained in the list, except with the permission of the Court and after showing good \r\ncause for the omission of the sa id witnesses from the list and the Court shall record \r\nreasons for granting permission.] \r\n(3) On application to the Court or such officer as it appoints in this \r\nbehalf, the parties may obtain summons for persons whose attendance is required \r\nin Court: \r\nProvided that no summons shall be issued for service on a person under rule \r\n8 unless an application in that behalf is made not later than fourteen days prior to \r\nthe date fixed for the hearing of the suit and the necessary expenses for the \r\nsummoning of such person are deposited.] \r\n2. Expenses of witness to be paid into Court on applying for summons .– \r\n(1) The party applying for a summons shall, before the summons is granted and \r\nwithin a period to be fixed, pay into Court such a sum of money as appears to \r\nthe Court to be sufficient to defray the travelling and other expenses of the \r\nperson summoned in passing to and from the Court in which he is required to \r\nattend, and for one day‟s attendance. \r\n4\r\n[Exception.– When applying for a summons for any of its own officers, \r\nGovernment will be exempt from the operation of clause (1).]  \r\n(2) Experts.– In determining the amount payable under this rule, the \r\nCourt may, in the case of any person summoned to give evidence as an expert, \r\nallow reasonable remuneration for the time occupied both in giving evidence and in \r\nperforming any work of an expert character necessary for the case. \r\n(3) Scale of expenses .– Where the Court is subordinate to a High \r\nCourt, regard shall be had, in fixing the scale of such expenses, to any rules \r\nmade in that behalf. \r\n                                                \r\n1Substituted by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 \r\nApril 1972, pp. 526-583, s. 2 read with the Schedule. \r\n2Substituted by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  \r\nwas published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r . 1 3: It came into force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225. \r\n3Ibid. \r\n4Added by the Notification No.156 -G, dated: 9 January 1 919; issued by the Chief Court of the Punjab; and, was published in \r\nthe Government Gazette Punjab and its Dependencies, dated: 17 January 1919, Part-III, pp. 43-44. \r\n1\r\n[3. Tender of expenses to witness .– (1) The sum so paid into Court shall, \r\nexcept in the case of a Government servant, be tendered to the person \r\nsummoned , at the time of serving the summons , if it can be served personally.  \r\n (2) When the person summone d is a Government servant the sum so \r\npaid into Court shall be credited to Government.  \r\nException  (1).– In cases in which Government servants have to give \r\nevidence at a Court situate not more than 5 miles from their headquarters, actual \r\ntravelling expenses i ncurred by them may, when the Court considers it \r\nnecessary , be paid to them.  \r\nException  2.– A Government servant, whose salary does not exceed Rs. \r\n10 per men  sem may receive his expenses from the Court.]  \r\n4. Procedure where insufficient sum paid in .– (1) Where it appears to the \r\nCourt or to such officer as it appoints in this behalf that the sum paid into Court is \r\nnot sufficient to cover such expenses or reasonable remuneration, the Court may \r\ndirect such further sum to be paid to the person summoned \r\n2\r\n[or, when such person \r\nis a Government servant, to be paid into Court]  as appears to be necessary on \r\nthat account, and, in case of default in payment, may order such sum to be levied \r\nby attachment and sale of the moveable property of the party obtaining the \r\nsummons; or the Court may discharge the person summoned without requiring him \r\nto give evidence; or may both order such levy and discharge such person as \r\naforesaid. \r\n (2) Expenses of witnesses detained more than one day. – Where it is \r\nnecessary to detain the person summoned for a longer period than one day, the \r\nCourt may, from time to time, order the party at whose instance he was summoned \r\nto pay into Court such sum as is sufficient to defray the expenses of his \r\ndetention for such further period, and, in default of such deposit being made, may \r\norder such sum to be levied by attachment and sale of the movable property of \r\nsuch party; or the Court may discharge the person summoned without requiring \r\nhim to give evidence; or may both order such levy and discharge such person as \r\naforesaid. \r\n5. Time, place and purpose of attendance to be specified in summons .– \r\nEvery summons for the attendance of a person to give evidence or to produce a \r\ndocument shall specify the time and place at which he is required to attend, and \r\nalso whether his attendance is required for the purpose of giving evidence or to \r\nproduce a document, or for both purposes; and any particular document, which \r\nthe person summoned is called on to produce, shall be described in the \r\nsummons with reasonable accuracy. \r\n6. Summons to produce document .– Any person may be summoned to \r\nproduce a document, without being summoned to give evidence; and any person \r\nsummoned merely to produce a document shall be deemed to have complied \r\nwith the summons if he causes such document to be produced instead of \r\nattending personally to produce the same. \r\n                                                \r\n1Substituted by the Notification No.156-G, dated: 9 January 1919; issued by the Chief Court of the Punjab; and, was published \r\nin the Government Gazette Punjab and its Dependencies, dated: 17 January 1919, Part-III, pp. 43-44. \r\n2Inserted ibid. \r\n7. Power to require persons present in Court to give evi dence or produce \r\ndocument.– Any person present in Court may be required by the Court to give \r\nevidence or to produce any document then and there in his possession or power. \r\n1\r\n[7A. Service of summons by parties .– (1) Except where it appears to the \r\nCourt that a summons under this Order should be served by the Court in the \r\nsame manner as a summons to a defendant, the Court shall make over for service \r\nall summons under this Order to the party applying therefor. \r\n (2) The service shall be effected by or on behalf of such party by \r\ndelivering or tendering to the witness in person a copy thereof signed by the \r\nJudge or such officer as he appoints in this behalf and sealed with the seal of the \r\nCourt. \r\n (3) Rules 16 and 18 of Order V shall apply to summons personally served \r\nunder this rule, as though the person effecting service were a serving officer.] \r\n2\r\n[8. Service of summons by Court .– Every summons under this Order, not \r\nbeing a summons made over to a party for service under rule 7A of this Order, \r\nshall be served as nearly as may be in the same manner as a summons to a \r\ndefendant, and the rules in Order V as to proof of service shall apply thereto.] \r\n9. Time for serving summons .– Service shall in all cases be made a \r\nsufficient time before the time specified in the summons for the attendance of the \r\nperson summoned, to allow him a reasonable time for preparation and for \r\ntravelling to the place at which his attendance is required. \r\n10. Procedure where witness fails to comply with summons .– (1) Where a \r\nperson to whom a summons has been issued either to attend to give evidence or \r\nto produce a document fails to attend or to produce the document in compliance \r\nwith such summons, the Court shall, if the certificate of the serving­officer has \r\nnot been verified by affidavit, and may, if it has been so verified, examine the \r\nserving­officer on oath, or cause him to be so examined by another Court, touching \r\nthe service or non-service of the summons. \r\n (2) Where the Court sees reason to believe that such evidence or \r\nproduction is material, and that such person has, without lawful excuse, failed to \r\nattend or to produce the document in compliance with such summons or has \r\nintentionally avoided service, it may issue a proclamation requiring him to attend to \r\ngive evidence or to produce the document at a time and place to be named \r\ntherein; and a copy of such proclamation shall be affixed on the outer door or other \r\nconspicuous part of the house in which he ordinarily resides. \r\n (3) In lieu of or at the time of issuing such proclamation, or at any time \r\nafterwards, the Court may, in its discretion, issue a warrant, either with or without \r\nbail, for the arrest of such person, and may make an order for the attachment \r\nof his property to such amount as it thinks fit, not exceeding the amount of the \r\ncosts of attachment and of any fine which may be imposed under rule 12: \r\n                                                \r\n1Inserted by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraor dinary), dated: 14 \r\nApril 1972, pp. 526-583, s. 2 read with the Schedule. \r\n2Substituted ibid. \r\nProvided that no Court of Small Causes shall make an order for the \r\nattachment of immovable property. \r\n11. If witness appears, attachment may be withdrawn .– Where, at any time \r\nafter the attachment 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 \r\nsummons or intentionally avoid service, and, \r\n(b) where he has failed to attend at the time and place named in a \r\nproclamation issued under the last preceding rule, that he had no \r\nnotice of such proclamation in time to attend,  \r\nthe Court shall direct that the property be released from attachment, and \r\nshall make such order as to the costs of the attachment as it thinks fit. \r\n12. Procedure if witness fails to appear .– The Court may, where such person \r\ndoes not appear, or appears but fails so to satisfy the Court, impose upon him \r\nsuch fine not exceeding \r\n1\r\n[two thousand] rupees as it thinks fit, having regard to \r\nhis condition in life and all the circumstances of the case, and may order his \r\nproperty, or any part thereof, to be attached and sold or, if already attached \r\nunder rule 10, to be sold for the purpose of satisfying all costs of such attachment, \r\ntogether with the amount of the said fine, if any: \r\nProvided that, if the person whose attendance is required pays into \r\nCourt the costs and fine aforesaid, the Court shall order the property to be \r\nreleased from attachment. \r\n13. Mode of attachment .– The provisions with regard to the attachment and \r\nsale of property in the execution of a decree shall, so far as they are applicable, \r\nbe deemed to apply to any attachment and sale under this Order as if the person \r\nwhose property is so attached were a judgment­debtor. \r\n14. Court may of its own accord summon as witnesses strangers to suit .– \r\nSubject to the provisions of this Code as to attendance and appearance and to \r\nany law for the time being in force, where the Court at any time thinks it necessary \r\nto examine any person other than a party to the suit and not called as a witness \r\nby a party to the suit, the Court may, of its own motion, cause such person to \r\nbe summoned as a witness to give evidence, or to produce any document in \r\nhis possession, on a day to be appointed, and may examine him as a witness or \r\nrequire him to produce such document. \r\n2\r\n[14-A. Expenses of the witnesses summoned by the Court of its own \r\nmotion.– When a witness is summoned by the Court of its own motion, under \r\nOrder XVI, Rule 14, his diet money, etc., shall be paid by such party or parties as \r\nthe Court may in its discretion, d irect. \r\nWhen diet money, etc., are not deposited payment shall be made out of \r\ncontingencies and an order passed for recovery from any property of the party \r\nconcerned and executed under section 36 of the Code.]  \r\n                                                \r\n1Substituted for the words “five hundred” by the Civil Laws (Reforms) Act, 1994 ( XIV of 1994); assented to by the President on \r\n27 July 1994; and, was published in the Gazette of Pakistan (Extraordinary), dated: 31 July 1994, pp. 683-688, s. 11. \r\n2Added by the Notification issued by the Lahore High Court, Lahore, dated: 3 June 1955. \r\n15. Duty of persons summoned to give evidence o r produce document .– \r\nSubject as last aforesaid, whoever is summoned to appear and give evidence in a \r\nsuit shall attend at the time and place named in the summons for that purpose, \r\nand whoever is summoned to produce a document shall either attend to produce \r\nit, 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, \r\nunless the Court otherwise directs, attend at each hearing until the suit has been \r\ndisposed of. \r\n(2) On the application of either party and the payment through the Court \r\nof all necessary expenses (if any), the Court may require any person so \r\nsummoned and attending to furnish security to attend at the next or any other \r\nhearing or until the suit is disposed of and, in default of his furnishing such \r\nsecurity, may order him to be detained in the civil prison. \r\n1\r\n[(3) In the absence of the presiding officer the power s conferred by sub -\r\nrule (2) may be exercised by the Senior Subordinate Judge of the first class \r\nexercising jurisdiction at t he head -quarters of the dis trict, or by any Judge or court  \r\nofficial nominated by him for the purpose.]  \r\n2\r\n[Provided that a Court official nominated for the purpose , shall not order a \r\nperson, who fails to furnish such security as may be required under sub -rule (2),  to \r\nbe detained in prison, but shall refer the case immediately to the Presiding Officer \r\non his return.] \r\n17. Application of rules 10 to 13 .– The provisions of rules 10 to 13 shall, so \r\nfar as they are applicable, be deemed to apply to any person who having \r\nattended in compliance with a summons departs, without lawful excuse, in \r\ncontravention of rule 16. \r\n18. Procedure where witness apprehended cannot give evidence or \r\nproduce document .– Where any person arrested under a warrant is brought \r\nbefore the Court in custody and cannot, owing to the absence of the parties or \r\nany of them, give the evidence or produce the document which he has been \r\nsummoned to give or produce, the Court may require him to give reasonable bail \r\nor other security for his appearance at such time and place as it thinks fit, and, \r\non such bail or security being given, may release him, and, in default of his giving \r\nsuch bail or security, may order him to be detained in the civil prison. \r\n3\r\n[19. No witness to be ordered to attend in person unl ess resident within \r\ncertain limits .– A person shall not be asked by a Court to attend in person to give \r\nevidence unless he resides at any place in Pakistan.] \r\n20. Consequence of refusal of party to give evidence when called on by \r\nCourt.– Where any party to a suit present in Court refuses, without lawful \r\n                                                \r\n1Added by the Notification No. 209-R./XI-Y-11, dated: 25 July 1938; issued by the High Court of Judicature at Lahore; and, was  \r\npublished in the Government Gazette, Punjab, dated: 29 July 1938, Part-III, p. 448. \r\n2Inserted by the Notification No. 24-R./XI-Y-11, dated: 23 January 1940; issued by the High Court of Judicature at Lahore; and, \r\nwas published in the Government Gazette, Punjab, dated: 26 January 1940, pp. 86-87. \r\n3Substituted by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 \r\nApril 1972, pp. 526-583, s. 2 read with the Schedule. \r\nexcuse, when required by the Court, to give evidence or to produce any \r\ndocument then and there in his possession or power, the Court may \r\npronounce judgment against him or make such order in relation to the suit as it \r\nthinks fit. \r\n21. Rules as to witnesses to apply to parties summoned .– Where any party \r\nto a suit is required to give evidence or to produce a document, the provisions as \r\nto witnesses shall apply to him so far as they are applicable. \r\nORDER XVII \r\nAdjournments \r\n1. Court may grant time and adjourn hearing .– (1) \r\n1\r\n[Subject to the \r\nprovisions of Order 23, Rule 3] t he  Court  may, if sufficient cause is shown, at \r\nany stage of the suit grant time to the parties or to any of them, and may from \r\ntime to time adjourn the hearing of the suit. \r\n(2) Costs of adjournment .– In every such case the Court shall fix a day \r\nfor the further hearing of the suit, and may make such order as it thinks fit with \r\nrespect to the costs occasioned by the adjournment: \r\nProvided that, when the hearing of evidence has once begun, the \r\nhearing of the suit shall be continued from day to day until all the witnesses in \r\nattendance have been examined, unless the Court finds the adjournment of the \r\nhearing beyond the following day to be necessary for reasons to be recorded. \r\n2\r\n[(3) Where sufficient cause is not shown for the grant of an adjournment \r\nunder sub-rule (1) the Court shall proceed with the suit forthwith.]  \r\n2. Procedure if parties fail to appear on day fixed .– Where, on any day to \r\nwhich the hearing of the suit is adjourned, the parties or any of them fail to appear, \r\nthe Court may proceed to dispose of the suit in one of the modes directed in that \r\nbehalf by Order IX or make such other order as it thinks fit. \r\n3. Court may proceed notwithstanding eith er party fails to produce \r\nevidence, etc .– Where any party to a suit to whom time has been granted fails to \r\nproduce his evidence, or to cause the attendance of his witnesses, or to perform \r\nany other act necessary to the further progress of the suit, for which time has \r\nbeen allowed, the Court may, notwithstanding such default, proceed to \r\ndecide the suit forthwith. \r\n3\r\n[4. Appearance of parties on the day next after holiday. – Where a suit or \r\nproceeding is set down for a day which is a holiday, the parties thereto shall \r\nappear in the Court on the day next following that day, or, when two or more \r\nsuccessive 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 \r\nday, or fix some other day thereafter. \r\n                                                \r\n1Added by the Notification issued by the High Court Lahore vide Notification No. 211-R/XI-Y-22, dated: 21 July 1937. \r\n2Added by the Notification No. 95 -G, dated: 26 February 1925; issued by the High Court of Judicature at Lahore; and, was \r\npublished in the Government Gazette Punjab and its Dependencies, dated: 6 March 1925, Part-III, p. 155. \r\n3Rule 4 and 5 were added by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 14 April 1972, pp. 526-583, s. 2 read with the Schedule. \r\n5. Appearance of parties on the day when the presiding officer is absent .– \r\nWhen on any day the presiding officer of the Court is absent by reason of illness or \r\nany other cause, the parties to the suit or proceeding set down for that day \r\n(notwithstanding the knowledge that the presiding officer would be absent) shall \r\nappear in the Court in the Court­house on that day and the ministerial officer of the \r\nCourt authorized in that behalf shall hand over to the parties slips of paper \r\nspecifying the other date fixed for proceeding with the suit or proceeding and \r\nsigned 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 \r\nadmits the facts alleged by the pla intiff and contends that either in point of law or on \r\nsome additional facts alleged by the defendant the plaintiff is not entitled to any part \r\nof the relief which he seeks, in which case the defendant has the right to begin.  \r\n2. Statement and production of evidence.– (1) On the day fixed for the \r\nhearing of the suit or on  any other day to which the hearing is adjourned, the \r\nparty having the right to begin shall state his case and produce his evidence in \r\nsupport 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 \r\nany) and may then address the Court generally on the whole case. \r\n (3) The party beginning may then reply generally on the whole case. \r\n1\r\n[Explanation I .– Nothing in this rule shall affect  the jurisdiction of the Court , of its \r\nown accord or on the application of any party , for reasons to be recorded in writing , \r\nto direct any party to examine any witness at any stage.  \r\nExplanation II .– The expre ssion “witness” in Explanation I shall include a ny party \r\nas his own witness.]  \r\n3. Evidence where several issues .– Where there are several issues, the \r\nburden of proving some of which lies on the other party, the party beginning may, \r\nat his option, either produce his evidence on those issues or reserve it by way of \r\nanswer to the evidence produced by the other party; and, in the latter case, the \r\nparty beginning may produce evidence on those issues after the other party \r\nhas produced all his evidence, and the other party may then reply specially on the \r\nevidence so produced by the party beginning; but the party beginning will then be \r\nentitled to reply generally on the whole case. \r\n4. Witnesses to be examined in open Court .– The evidence of the witnesses \r\nin attendance shall be taken orally in open Court in the presence and under the \r\npersonal direction and superintendence of the Judge. \r\n5. How evidence shall be taken in appealable cases .– In cases in which an \r\nappeal is allowed the evidence of each witness shall be taken down in writing, in \r\nthe language of the Court, by or in the presence and under the personal \r\n                                                \r\n1Inserted by the Notification No. 175 -R/XI-Y-13, dated: 9 June 1942; issued by the High Court of Judicature at Lahore; and, \r\nwas published in the Government Gazette, Punjab, Part-III, dated: 12 June 1942, p. 599. \r\ndirection and superintendence of the Judge, not ordinarily in the form of question \r\nand answer, but in that of a narrative, and, when completed, shall be read \r\nover in the presence of the Judge and of the witness, and the Judge shall, if \r\nnecessary, correct the same, and shall sign it. \r\n6. When deposition to be interpreted .– Where the evidence is taken down \r\nin a language different from that in which it is given, and the witness does not \r\nunderstand the language in which it is taken down, the evidence as taken down \r\nin writing shall be interpreted to him in the language in which it is given. \r\n7. Evidence under section 138 .– Evidence taken down under section 138 \r\nshall be in the form prescribed by rule 5 and shall be read over and signed and, \r\nas occasion may require, interpreted and corrected as if it were evidence taken \r\ndown under that rule. \r\n8. Memorandum when evidence not taken down by judge .– Where the \r\nevidence is not taken do wn in writing by the Judge, he shall be bound, as the \r\nexamination of each witness proceeds, to make a memorandum of the substance \r\nof what each witness deposes \r\n1\r\n[in his own hand or from his dictation in open Court] , \r\nand such memorandum shall be \r\n2\r\n[* *] signed by the Judge and shall form part of the \r\nrecord. \r\n9. When evidence may be taken in English .– Where English is not the \r\nlanguage of the Court, but all the parties to the suit who appear in person, and the \r\npleaders of such as appear by pleaders, do not object to have such evidence as \r\nis given in English taken down in English, the Judge may so take it down. \r\n10. Any particular question and answer may be taken down .– The Court \r\nmay, of its own motion or on the application of any party or his pleader, take down \r\nany particular question and answer, or any objection to any question, if there \r\nappears to be any special reason for so doing. \r\n11. Questions objected to and allowed by Court .– Where any question put to \r\na witness is objected to by a party or his pleader, and the Court allows the same \r\nto be put, the Judge shall take down the question, the answer, the objection and \r\nthe name of the person making it, together with the decision of the Court thereon. \r\n12. Remarks on demeanour of witnesses .– The Court may record such \r\nremarks as it thinks material respecting the demeanour of any witness while \r\nunder examination. \r\n13. Memorandum of evidence in unappealable cases .– In cases in which \r\nan appeal is not allowed, it shall not be necessary to take down the evidence of \r\nthe witnesses in writing at length; but the Judge, as the examination of each \r\nwitness proceeds, shall make a memorandum of the substance of what he \r\n                                                \r\n1Inserted by the Notification issued by the High Court Lahore vide notification No. 5-Genl./XI-Y-13, dated: 11 January 1951. \r\n2The words “written and” were omitted ibid. \r\ndeposes \r\n1\r\n[in his own hand or from his dictation in open Court] , and such \r\nmemorandum shall be \r\n2\r\n[* *] signed by the Judge and shall form part of the record. \r\n3\r\n[14. Judge unable to make such memorandum to record reasons of his inability .–\r\n* * * * * * * * * * * * * * * * * * * * * * * * *   ] \r\n15. Power to deal with evidence taken before another Judge .– (1) Where a \r\nJudge is prevented by death, transfer or other cause from concluding the trial of \r\na suit, his successor may deal with any evidence or memorandum taken down \r\nor made under the foregoing rules as if such evidence or memorandum had \r\nbeen 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, \r\nbe deemed to apply to evidence taken in a suit transferred under section 24. \r\n16. Power to examine witness immediately .– (1) Where a witness is about \r\nto leave the jurisdiction of the Court, or other sufficient cause is shown to the \r\nsatisfaction of the Court why his evidence should be taken immediately, the \r\nCourt may upon the application of any party or of the witness, at any time after \r\nthe 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 \r\nthe parties, such notice as the Court thinks sufficient, of the day fixed for the \r\nexamination, shall be given to the parties. \r\n (3) The evidence so taken shall be read over to the witness, and, if he \r\nadmits it to be correct, shall be signed by him, and the Judge shall, if necessary, \r\ncorrect the same, and shall sign it, and it may then be read at any hearing of the \r\nsuit. \r\n17. Court may recall and examine witness .– The Court may at any stage of \r\na suit recall any witness who has been examined and may (subject to the law of \r\nevidence for the time being in force) put such questions to him as the Court thinks \r\nfit. \r\n18. Power of Court to inspect .– The Court may at any stage of a suit inspect \r\nany property or thing concerning which any question may arise. \r\nORDER XIX \r\nAffidavits \r\n1. Power to order any point to be proved by affidavit .– Any Court may at \r\nany time for sufficient reason order that any particular fact or facts may be \r\nproved by affidavit, or that the affidavit of any witness may be read at the hearing, \r\non such conditions as the Court thinks reasonable: \r\n                                                \r\n1Inserted by the Notification issued by the High Court Lahore vide notification No. 5-Genl./XI-Y-13, dated: 11 January 1951. \r\n2The words “written and” were omitted ibid. \r\n3Deleted ibid. \r\nProvided that where it appears to the Court that either party bona fide \r\ndesires the production of a witness for cross-examination, and that such witness \r\ncan be produced, and order shall not be made authorizing the evidence of such \r\nwitness to be given by affidavit. \r\n2. Power to order attendance  of deponent for cross -examination.– (1) \r\nUpon any application evidence may be given by affidavit, but the Court may, at \r\nthe instance of either party, order the attendance for cross-examination of the \r\ndeponent. \r\n (2) Such attendance shall be in Court, unless the deponent is \r\nexempted from personal appearance in Court, or the Court otherwise directs. \r\n3. Matters to which affidavit shall be confined .– (1) Affidavits shall be \r\nconfined to such facts as the deponent is able of his own knowledge to prove, \r\nexcept on interlocutory applications, on which statements of his belief may be \r\nadmitted: Provided that the grounds thereof are stated. \r\n (2) The costs of every affidavit which shall unnecessarily set forth \r\nmatters of hearsay or argumentative matter, or copies of or extracts from \r\ndocuments, shall (unless the Court otherwise directs) be paid by the party filing \r\nthe same. \r\nORDER XX \r\nJudgment and Decree \r\n1\r\n[1. Judgment when pronounced .– (1) On completion of evidence, the Court \r\nshall fix a date, not exceeding fifteen days, for submission of the precise written \r\narguments along with the relevant case-law by the parties. \r\n(2) The Court, after submission of the written arguments under sub -rule \r\n(1) and after hearing the oral submissions, if so required, pronounce judgment in \r\nopen cour t either at once or on some future date, not exceeding fifteen days, for \r\nwhich due notice shall be given to the parties or their advocates .] \r\n2. Power to pronounce judgment written by judge ‟s predecessor .– A \r\nJudge may pronounce a judgment written but not pronounced by his predecessor. \r\n3. Judgment to be signed .– The judgment shall be dated and signed by the \r\nJudge in open Court at the time of pronouncing it and, when once signed, shall \r\nnot afterwards be altered or added to, save as provided by section 152 or on \r\nreview. \r\n4. Judgments of Small Cause Courts .– (1) Judgments of a Court of Small \r\nCauses need not contain more than the points for determination and the decision \r\nthereon. \r\n                                                \r\n1Substituted by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  \r\nwas published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 1 4: It came into force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225 . It was earlier substituted by the C ivil Laws (Reforms) Act, 1994 ( XIV of 1994); \r\nassented to by the President on 27 July 1994; and, was published in the Gazette of Pakistan (Extraordinary), dated: 31 July \r\n1994, pp. 683-688, s. 11. \r\n (2) Judgments of other Courts .– Judgments of other Courts shall \r\ncontain a concise statement of the case, the points for determination, the decision \r\nthereon, and the reasons for such decision. \r\n5. Court to state its decision on each issue .– In suits in which issues have \r\nbeen framed, the Court shall state its finding or decision, with the reasons \r\ntherefor, upon each separate issue, unless the finding upon any one or more of \r\nthe issues is sufficient for the decision of the suit. \r\n6. Contents of decree .– (1) The decree shall agree with the judgment; it shall \r\ncontain the number of the suit, the names and descriptions of the parties, and \r\nparticulars of the claim, and shall specify clearly the relief granted or other \r\ndetermination of the suit. \r\n1\r\n[(1-A) In addition to the particulars mentioned in clause (1) , the decree shall \r\ncontain the addresses of th e plaintiff and the defendant as given in Order VII, rule \r\n19, and Order VIII, rule 11, or as subsequently altered under Order VII, rule 24, and \r\nOrder VIII, rule 12, respectively.] \r\n(2) The decree shall also state the amount of costs incurred in the suit, \r\nand by whom or out of what property and in what proportions such costs are to be \r\npaid. \r\n(3) The Court may direct that the costs payable to one party by the \r\nother shall be set off against any sum which is admitted or found to be due from \r\nthe former to the latter. \r\n7. Date of decree .– The decree shall bear date the day on which the judgment \r\nwas pronounced, and, when the Judge has satisfied himself that the decree \r\nhas been drawn up in accordance with the judgment, he shall sign the decree. \r\n8. Procedure where Judge  has vacated office before signing decree .– \r\nWhere a Judge has vacated office after pronouncing judgment but without signing \r\nthe decree, a decree drawn up in accordance with such judgment may be signed \r\nby his successor or, if the Court has ceased to exist, by the Judge of any Court to \r\nwhich such Court was subordinate. \r\n9. Decree for recovery of immovable property .– Where the subject­matter \r\nof the suit is immovable property, the decree shall contain a description of such \r\nproperty sufficient to identify the same, and where such property can be identified \r\nby boundaries or by numbers in a record of settlement or survey, the decree shall \r\nspecify such boundaries or numbers. \r\n10. Decree for delivery of movable property .– Where the suit is for \r\nmoveable property, and the decree is for the delivery of such property, the decree \r\nshall also state the amount of money to be paid as an alternative if delivery cannot \r\nbe had. \r\n11. Decree may direct payment by installments .– (1) Where and in so far as \r\na decree is for the payment of money, the Court may for any sufficient reason at \r\n                                                \r\n1Added by the Notification No. 22 -R./XI-Y-23, dated: 30 January 1937; issued by the High Court of Judicature at Lahore; and, \r\nwas published in the Government Gazette Punjab and its Dependencies, Part-III, dated: 5 February 1937, p. 78. \r\nthe time of passing the decree order that payment of the amount decreed shall be \r\npostponed or shall be made by instalments, with or without interest, \r\nnotwithstanding anything contained in the contract under which the money is \r\npayable. \r\n (2) Order, after decree, for payment by instalments .– After the \r\npassing of any such decree the Court may, on the application of the \r\njudgment­debtor and with the consent of the decree­holder, order that payment of \r\nthe amount decreed shall be postponed or shall be made by instalments on such \r\nterms as to the payment of interest, the attachment of the property of the \r\njudgment­debtor, or the taking 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 \r\nrecovery of possession of immovable property and for rent or mesne profits, the \r\nCourt 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 \r\nduring a period prior to the institution of the suit or directing an inquiry \r\nas to such rent or mesne profits; \r\n(c) directing an inquiry as to rent or mesne profits from the institution of \r\nthe suit until– \r\n(i) the delivery of possession to the decree­holder, \r\n(ii) the relinquishment of possession by the judgment­debtor \r\nwith notice to the decree­holder through the Court, or \r\n(iii) the expiration of three years from the date of the decree,  \r\nwhichever event first occurs. \r\n (2) Where an inquiry is directed under clause (b) or clause (c) a final \r\ndecree in respect of the rent or mesne profits shall be passed in accordance with \r\nthe result of such inquiry. \r\n13. Decree in administration -suit.– (1) Where a suit is for an account of any \r\nproperty and for its due administration under the decree of the Court, the Court \r\nshall, before passing the final decree, pass a preliminary decree ordering such \r\naccounts and inquiries to be taken and made, and giving such other directions as it \r\nthinks fit. \r\n (2) In the administration by the Court of the property of any deceased \r\nperson, if such property proves to be insufficient for the payment in full of his \r\ndebts and liabilities, the same rules shall be observed as to the respective rights \r\nof secured and unsecured creditors and as to debts and liabilities provable, and \r\nas to the valuation of annuities and future and contingent liabilities respectively, as \r\nmay be in force for the time being within the local limits of the Court in which the \r\nadministration-suit is pending with respect to the estates of persons adjudged or \r\ndeclared insolvent; and all persons, who in any such case would be entitled to be \r\npaid out of such property, may come in under the preliminary decree, and make \r\nsuch claims against the same as they may respectively be entitled to by virtue of \r\nthis Code. \r\n14. Decree in pre­emp tion-suit.– (1) Where the Court decrees a claim to \r\npre­emption in respect of a particular sale of property and the purchase­money has \r\nnot been paid into Court, the decree shall– \r\n(a) specify a day on or before which the purchase­money shall be so \r\npaid, and \r\n(b) direct that on payment into Court of such purchase­money, together \r\nwith the costs (if any) decreed against the plaintiff, on or before the \r\nday referred to in clause (a), the defendant shall deliver possession \r\nof the property to the plaintiff, whose title thereto shall be deemed to \r\nhave accrued from the date of such payment, but that, if the \r\npurchase­money and the costs (if any) are not so paid, the suit shall \r\nbe dismissed with costs. \r\n(2) Where the Court has adjudicated upon rival claims to pre­emption, the \r\ndecree shall direct,– \r\n(a) if and in so far as the claims decreed are equal in degree, that the \r\nclaim of each pre­emptor complying with the provisions of sub­rule (1) \r\nshall take effect in respect of a proportionate share of the property \r\nincluding any proportionate share in respect of which the claim of \r\nany pre­emptor failing to comply with the said provisions would, but \r\nfor such default, have taken effect; and, \r\n(b) if and in so far as the claims decreed are different in degree, that \r\nthe claim of the inferior pre­emptor shall not take effect unless and \r\nuntil the superior pre­emptor has failed to comply with the said \r\nprovisions. \r\n15. Decree in suit for dissolution of partnership .– Where a suit is for the \r\ndissolution of a p artnership, or the taking of partnership accounts, the Court, \r\nbefore passing a final decree, may pass a preliminary decree declaring the \r\nproportionate shares of the parties, fixing the day on which the partnership \r\nshall stand dissolved or be deemed to have been dissolved, and directing such \r\naccounts to be taken, and other acts to be done, as it thinks fit. \r\n16. Decree in suit for account between principal and agent .– In a suit for \r\nan account of pecuniary transactions between a principal and an agent, and \r\nin any other suit not hereinbefore provided for, where it is necessary, in order to \r\nascertain the amount of money due to or from any party, that an account should \r\nbe 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\n17. Special directions as to accounts .– The Court may either by the decree \r\ndirecting an account to be taken or by any subsequent order give special \r\ndirections with regard to the mode in which the account is to be taken or \r\nvouched 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 \r\nfacie evidence of the truth of the matters therein contained with liberty to the \r\nparties interested to take such objection thereto as they may be advised. \r\n18. Decree in suit for partition of property or separate possession of a \r\nshare therein .– Where the Court passes a decree for the partition of property or \r\nfor the separate possession of a share therein, then,– \r\n(1) if and in so far as the decree relates to an estate assessed to the \r\npayment of revenue to the Government, the decree shall declare \r\nthe rights of the several parties interested in the property, but shall \r\ndirect such partition or separation to be made by the Collector, or any \r\ngazetted subordinate of the Collector deputed by him in this behalf, in \r\naccordance with such declaration and with the provisions of section \r\n54; \r\n(2) if and in so far as such decree relates to any other immoveable \r\nproperty or to moveable property, the Court may, if the partition or \r\nseparation cannot be conveniently made without further inquiry, pass \r\na preliminary decree declaring the rights of the several parties \r\ninterested in the property and giving such further directions as may be \r\nrequired. \r\n19. Decree when set­off is allowed .– (1) Where the defendant has been \r\nallowed a set­off against the claim of the plaintiff, the decree shall state what \r\namount is due to the plaintiff and what amount is due to the defendant, and shall \r\nbe for the recovery of any sum which appears to be due to either party. \r\n (2) Appeal from decree relating to set­off .– Any decree passed in a \r\nsuit in which a set­off is claimed shall be subject to the same provisions in \r\nrespect of appeal to which it would have been subject if no set­off had been \r\nclaimed. \r\n (3) The provisions of this rule shall apply whether the set­off is \r\nadmissible under rule 6 of Order VIII or otherwise. \r\n1\r\n[20. Certified copies of judgment and decree .– The Court shall, at the time of \r\npronouncement of the judgment, provid e to the parties, at their expense, certified \r\ncopies of the judgment and the decree. ] \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 \r\ndecree shall be paid as follows, namely:– \r\n(a) into the Court whose duty it is to execute the decree; or \r\n(b) out of Court to the decree­holder \r\n1\r\n[through a bank or by postal money \r\norder or evidence by writing signed by the decree­ holder or his \r\nauthorized agent]; or \r\n                                                \r\n1Substituted by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  \r\nwas published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 1 4: It came into force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225. \r\n(c) otherwise as the Court which made the decree directs. \r\n2\r\n[Explanation.– The judgment -debtor, may if he so desires, pay the decretal \r\namount, or any part thereof, into the Court under clause (a) by postal money order \r\non a form specially approved by the High Court for the purpose.]  \r\n (2) Where any payment is made under clause (a) of sub­rule (1) notice \r\nof such payment shall be given to the decree­holder. \r\n2. Payment out of Court to decree -holder.– (1) Where any money payable \r\nunder a decree of any kind is paid out of Court, or the decree is otherwise \r\nadjusted in whole or in part to the satisfaction of the decree­holder, the \r\ndecree­holder shall certify such payment or adjustment to the Court whose duty it \r\nis 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 \r\nadjustment, and apply to the Court to issue a notice to the decree­holder to show \r\ncause, on a day to be fixed by the Court, why such payment or adjustment should \r\nnot be recorded as certified; and if, after service of such notice, the \r\ndecree­holder fails to show cause why the payment or adjustment should not \r\nbe recorded as certified, the Court shall record the same accordingly. \r\n3\r\n[(3) Any payment not made in the manner provided in rule 1 or any \r\nadjustment not made in writing shall not be recognized by the Court executing the \r\ndecree.] \r\nCourts executing Decrees  \r\n3. Lands situate in more than one jurisdiction .– Where immoveable \r\nproperty forms one estate or tenure situate within the local limits of the jurisdiction \r\nof two or more Courts, any one of such Courts may attach and sell the entire \r\nestate or tenure. \r\n4\r\n[4. Transfer to Court of Small Causes.–  * * * * * * * * * * *   ] \r\n5. Mode of transfer .– Where the Court to which a decree is to be sent for \r\nexecution is situate within the same district as the Court which passed such \r\ndecree, such Court shall send the same directly to the former Courts. But, where \r\nthe Court to which the decree is to be sent for execution is situate in a \r\ndifferent district, the Court which passed it shall send it to the District Court \r\n5\r\n[Or the \r\nCourt of any Judge having jurisdiction in the place where the decree is to be \r\nexecuted to whom power to receive plaints has been delegated by the District \r\nJudge] of the district in which the decree is to be executed. \r\n                                                                                                                                                  \r\n1Inserted  by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 \r\nApril 1972, pp. 526-583, s. 2 read with the Schedule. \r\n2Added by the Notification No. 193 -Gaz./XI-Y-14, dated: 11 July 1933; issued by the High Court of Judicature at Lahore; and, \r\nwas published in the Government Gazette Punjab and its Dependencies, Part-III, dated: 14 July 1933, p. 900. \r\n3Substituted by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 \r\nApril 1972, pp. 526-583, s. 2 read with the Schedule. \r\n4Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of \r\nPakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n5Added by the Notification No. 72/2774 -R./XI-Y.-14, dated: 23 March 1938; issued by the High Court of Judicature at Lahore; \r\nand, was published in the Government Gazette, Punjab, Part-III, dated: 1 April 1938, p. 184.  \r\n6. Procedure where Court desires that its own decree shall be executed \r\nby another Court .– The 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 \r\nobtained by execution within the jurisdiction of the Court by which it \r\nwas passed, or, where the decree has been executed in part, the \r\nextent to which satisfaction has been obtained and what part of the \r\ndecree remains unsatisfied; and \r\n(c) a copy of any order for the execution of the decree, or, if no such \r\norder has been made, a certificate to that effect. \r\n7. Court receiving copies of decree, etc., to file same without proof .– The \r\nCourt to which a decree is so sent shall cause such copies and certificates to be \r\nfiled, without any further proof of the decree or order for execution, or of the \r\ncopies thereof, unless the Court, for any special reasons to be recorded under the \r\nhand of the Judge, requires such proof. \r\n8. Execution of decree or order b y Court to which it is sent .– Where such \r\ncopies are so filed, the decree or order may, if the Court to which it is sent is the \r\nDistrict Court, be executed by such Court or be transferred for execution to any \r\nsubordinate Court of competent jurisdiction. \r\n9. Execution by High Court of decree transferred by other Court .– Where \r\nthe Court to which the decree is sent for execution is a High Court, the decree \r\nshall be executed by such Court in the same manner as if it had been passed by \r\nsuch Court in the exercise of its ordinary original civil jurisdiction. \r\nApplication for execution \r\n1\r\n[10. Execution of a decree .– On passing of an executable decree by a Court, \r\nthe suit shall stand converted into execution proceedings and no separate \r\napplication for the purpose and no fresh notice to the judgment debtor shall be \r\nnecessary. ] \r\n2\r\n[11. Attachment.– At the time of the initiation of execution proceedings, the \r\nCourt shall order the attachment of the property of the judgment debtor, if it has \r\nnot already been attached under Order  XXXVIII. ] \r\n12. Application for attachment of moveable property not in \r\njudgment­debtor ‟s possession .– Where an application is made for the \r\nattachment of any movable property belonging to a judgment­debtor but not in his \r\npossession, the decree­holder shall annex to the application an inventory of the \r\nproperty to be attached, containing a reasonably accurate description of the same. \r\n                                                \r\n1Substituted by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  \r\nwas published in the Punjab Weekly Gaze tte, Part -III, dated: 22 August 2018, pp. 270 -286, r. 1 5: It came into force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225. \r\n2Ibid. \r\n13. Application for attachment of immoveable property to contain certain \r\nparticulars.– Where an application is made for the attachment of any \r\nimmoveable property belonging to a judgment­debtor, it shall contain at the foot.– \r\n(a) a description of such property sufficient to identify the same and, in \r\ncase such property can be identified by boundaries or numbers in a \r\nrecord of settlement or survey, a specification of such boundaries or \r\nnumbers; and \r\n(b) a specification of the judgment­debtor's share or interest in such \r\nproperty to the best of the b elief of the applicant, and so far as he \r\nhas been able to ascertain the same. \r\n14. Power to require certified extract from Collector ‟s register in ce rtain \r\ncases.– Where an application is made for the attachment of any land which is \r\nregistered in the office of the Collector, the Court may require the applicant to \r\nproduce a certified extract from the register of such office, specifying the \r\npersons registered as proprietors of, or as possessing, any transferable interest in, \r\nthe land or its revenue, or as liable to pay revenue for the land, and the shares of \r\nthe registered proprietors. \r\n15. Application for execution by joint decree -holder.– (1) Where a decree \r\nhas been passed jointly in favour of more persons than one, any one or more of \r\nsuch persons may, unless the decree imposes any condition to the contrary, \r\napply for the execution of the whole decree for the benefit of them all, or, where \r\nany of them has died, for the benefit of the survivors and the legal \r\nrepresentatives of the deceased. \r\n (2) Where the Court sees sufficient cause for allowing the decree to be \r\nexecuted on an application made under this rule, it shall make such order as it \r\ndeems necessary for protecting the interests of the persons who have not joined in \r\nthe application. \r\n16. Application for execution by transferee of decree .– Where a decree or, \r\nif a decree has been passed jointly in favour of two or more persons, the \r\ninterest of any decree­holder in the decree is transferred by assignment in \r\nwriting or by operation of law, the transferee may apply for execution of the \r\ndecree to the Court which passed it; and the decree may be executed in the \r\nsame manner and subject to the same conditions as if the application were made \r\nby such decree­holder: \r\n1\r\n[Provided that, where the decree, or such interest as aforesaid, has been \r\ntransferred by assignment, notice of such application shall be given to the \r\ntransferor and the judgment debtors and the decree shall not be executed until the \r\nCourt has heard their objections (if any) to its execution.] \r\nProvided also that, where a decree for the payment of money against two or \r\nmore persons has been transferred to one of them, it shall not be executed against \r\nthe others. \r\n                                                \r\n1Substituted by the Notification No. 26 -R./XI-Y.-14, dated: 24 January 1940; issued by the High Court of Judicature at Lahore; \r\nand, was published in the Government Gazette Punjab, Part-III, dated: 2 February 1940, p. 97.  \r\n1\r\n[17. Procedure on receiving application for execution of decree .– * * * * * * * * *  ]  \r\n18. Execution in case of cross­decrees .– (1) Where applications are made \r\nto a Court for the execution of cross­decrees in separate suits for the payment of \r\ntwo sums of money passed between the same parties and capable of execution at \r\nthe same time by such Court, then– \r\n(a) if the two sums are equal, satisfaction shall be entered upon both \r\ndecrees; and \r\n(b) if the two sums are unequal, execution may be taken out only by the \r\nholder of the decree for the larger sum and for so much only as \r\nremains after deducting the smaller sum, and satisfaction for the \r\nsmaller sum shall be entered on the decree for the larger sum as well \r\nas satisfaction on the decree for the smaller sum. \r\n (2) This rule shall be deemed to apply where either party is an assignee \r\nof one of the decrees and as well in respect of judgment­debts due by the original \r\nassignor as in respect of judgment­debts due 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 \r\nmade is the judgment­debtor in the other and each party fills the \r\nsame character in both suits; and \r\n(b) the sums due under the decrees are definite. \r\n (4) The holder of a decree passed against several persons jointly and \r\nseverally may treat it as a cross­decree in relation to a decree passed against him \r\nsingly in favour of one or more of such persons. \r\nIllustrations \r\n(a) A holds a decree against B for Rs. 1,000. B holds a decree against \r\nA for the payment of Rs. 1,000 in case A fails to deliver certain goods at a future \r\nday. B cannot treat his decree as a cross­decree under this rule. \r\n(b) A and B, co­plaintiffs, obtain a decree for Rs. 1,000  against C, and \r\nC obtains a decree for Rs. 1,000  against B. C cannot treat his decree as a \r\ncross­decree under this rule. \r\n(c) A obtains a decree against B for Rs. 1,000. C, who is a trustee for \r\nB, obtains a decree on b ehalf of B against A for Rs. 1,000.  B cannot treat C's \r\ndecree as a cross­decree under this rule. \r\n(d) A, B, C, D, and E are jointly and severally liable for Rs. 1,000 under a \r\ndecree obtained by F. A obtains a decree for Rs. 100  against F singly and \r\napplies for execution to the Court in which the joint­decree is being executed. F \r\nmay treat his joint­decree as a cross­decree under this rule. \r\n                                                \r\n1Omitted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  was \r\npublished in the Punjab Weekly Gazette, Part-III, dated: 22 August 2018, pp. 270-286, r. 15: It came into force on 1 November \r\n2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, Part -III, \r\ndated: 28 October 2020, p. 225. \r\n19. Execution in case of cross­claims under same decree .– Where \r\napplication is made to a Court for the execution of a decree under which two \r\nparties are entitled to recover sums of money from each other, then,– \r\n(a) if the two sums are equal, satisfaction for both shall be entered upon \r\nthe decree; and \r\n(b) if the two sums are unequal, execution may be taken out only by \r\nthe party entitled to the larger sum and for so much only as \r\nremains after deducting the smaller sum, and satisfaction for the \r\nsmaller sum shall be entered upon the decree. \r\n20. Cross­decrees and cross­claims in mortgage suits .– The provisions \r\ncontained in rules 18 and 19 shall apply to decrees for sale in enforcement of a \r\nmortgage or charge. \r\n21. Simultaneous execution .– The Court may, in its discretion, refuse \r\nexecution at the same time against the person and property of the \r\njudgment­debtor. \r\n22. Notice to show cause against execution in certain cases .– (1) Where \r\nan application for execution is made– \r\n(a) more than \r\n1\r\n[two years] after the date of the decree, or \r\n(b) against the legal representative of a party to the decree \r\n2\r\n[or where \r\nan application is made for execution of a decree filed under the \r\nprovisions of section 44A], \r\nthe Court executing the decree shall issue a notice to the person against \r\nwhom execution is applied for requiring him to show cause, on a date to be fixed, \r\nwhy the decree should not be executed against him: \r\nProvided that no such notice shall be necessary in consequence of \r\nmore than \r\n3\r\n[two years] having elapsed between the date of the decree and the \r\napplication for execution if the application is made within \r\n4\r\n[two years] from  the \r\ndate of the last order against the party against whom execution is applied for, \r\nmade on any previous application for execution, or in consequence of the \r\napplication being made against the legal representative of the judgment­debtor, if \r\nupon a previous application for execution against the same person the Court has \r\nordered execution to issue against him. \r\n(2) Nothing in the foregoing sub­rule shall be deemed to preclude the \r\nCourt from issuing any pro cess in execution of a decree without issuing the \r\nnotice thereby prescribed, if, for reasons to be recorded, it considers that the \r\n                                                \r\n1Substituted for the words “one year” by the Notification No. 125 -Gaz.-XI.-Y.-14, dated: 7 April 1932; issued by the High Court \r\nof Judicature at Lahore; and, was published in the Government Gazette Punjab and its Dependencies, Part -III, dated: 15 April \r\n1932, pp. 532-533. \r\n2Inserted by the Code of Civil Procedure (Amendment) Act, 1937 (VIII of 1937), published in the Gazette of India,  s. 3. \r\n3Substituted  for  the words “one year” by the Notification No. 125 -Gaz.-XI.-Y.-14,  dated: 7 April 1932; issued by the High \r\nCourt of Judicature at Lahore; and, was published in the Government Gazette Punjab and its Dependencies, Part-III, dated: 15 \r\nApril 1932, pp. 532-533. \r\n4Ibid. \r\nissue of such notice would cause unreasonable delay or would defeat the ends of \r\njustice. \r\n1\r\n[Failure to record such reasons shall be considered an irregularity not \r\namounting to defect in jurisdiction.]  \r\n2\r\n[23. Procedure after issue of notice .– * * * * * * * * * * * * *   ] \r\n3\r\n[Objection to Execution \r\n4\r\n[23-A. Deposit of decretal amount, etc .– An objection by the judgment -debtor to \r\nthe execution of a decree shall not be considered by the Court unless: \r\n(a) in c ase of a decree for the payment of money, he either deposits \r\nthe decretal amount in the Court or furnishes security to the \r\nsatisfaction of the Court for its payment; and  \r\n(b) in case of any other decree, he furnishes security to the satisfaction \r\nof the Cour t for the due performance of the decree. ]] \r\nProcess for execution \r\n24. Process for execution.– (1) When the preliminary measures (if any) \r\nrequired by the foregoing rules have been taken, the Court shall, unless it sees \r\ncause to the contrary, issue its process for the execution of the decree. \r\n (2) Every such process shall bear date the day on which it is issued, \r\nand shall be signed by the Judge or such officer as the Court may appoint in this \r\nbehalf, and shall be sealed with the seal of the Court and delivered to the proper \r\nofficer to be executed. \r\n (3) In every such process a day shall be specified on or before which it \r\nshall be executed. \r\n25. Endorsement on process .– (1) The officer entrusted with the execution \r\nof the process shall endorse thereon the day on, and the manner in, which it was \r\nexecuted, and, if the latest day specified in the process for the return thereof \r\nhas been exceeded, the reason of the delay, or, if it was not executed, the \r\nreason why it was not executed, and shall return the process with such \r\nendorsement to the Court. \r\n (2) Where the endorsement is to the effect that such officer is unable \r\nto execute the process, the Court shall examine him touching his alleged inability, \r\n                                                \r\n1Added by the Notification No. 125-Gaz.-XI.-Y.-14,  dated: 7 April 1932; issued by the High Court of Judicature at Lahore; and, \r\nwas published in the Government Gazette Punjab and its Dependencies, Part-III, dated: 15 April 1932, pp. 532-533. \r\n2Omitted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  was \r\npublished in the Punjab Weekly Gazette, Part-III, dated: 22 August 2018, pp. 270-286, r. 15: It came into force on 1 November  \r\n2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, Part -III, \r\ndated: 28 October 2020, p. 225. \r\n3Inserted by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Ex traordinary), dated: 14 \r\nApril 1972, pp. 526-583, s. 2 read with the Schedule. \r\n4Substituted by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  \r\nwas published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 1 5: It came into force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225. \r\nand may, if it thinks fit, summon and examine witnesses as to such inability and \r\nshall record the result. \r\nStay of execution  \r\n26. When Court may  stay execution .– (1) The  Court to which a decree \r\nhas been sent for execution shall, upon sufficient cause being shown, stay the \r\nexecution of such decree for a reasonable time, to enable the judgment­debtor to \r\napply to the Court by which the decree was passed, or to any Court having \r\nappellate jurisdiction in respect of the decree or the execution thereof, for an \r\norder to stay execution, or for any other order relating to the decree or execution \r\nwhich might have been made by such Court of first instance or appellate Court if \r\nexecution had been issued thereby, or if application for execution had been made \r\nthereto. \r\n (2) Where the property or person of the judgment­debtor has been \r\nseized under an execution, the Court which issued the execution may order the \r\nrestitution of such property or the discharge of such person pending the result of \r\nthe application. \r\n1\r\n[(3) Power to require security from, or impose conditions upon, \r\njudgement-debtor.–* * * * * * * * * * * * * * * * * * *   ] \r\n27. Liability of judgment -debtor discharged .– No order of restitution or \r\ndischarge under rule 26 shall prevent the property or person of a \r\njudgment­debtor from being retaken in execution of the decree sent for execution. \r\n28. Order of Court which passed decree or of appellate Court to be binding \r\nupon Court applied to .– Any order of the Court by which the decree was \r\npassed, or of such Court of appeal as aforesaid, in relation to the execution of \r\nsuch decree, shall be binding upon the Court to which the decree was sent for \r\nexecution. \r\n2\r\n[29. Stay of execution pending suit between decree­holder and \r\njudgment­debtor.– *  * * * * * * * * * * * * * * * * * *   ] \r\n3\r\n[29-A.  * * * * * * * * * * * * * * * * * * * * * *   ] \r\nMode of execution \r\n30. Decree for payment of money .– Every decree for the payment of money, \r\nincluding a decree for the payment of money as the alternative to some other \r\n                                                \r\n1Omitted by the Law Refo rms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 \r\nApril 1972, pp. 526-583, s. 2 read with the Schedule. \r\n2Omitted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Co urt, Lahore; and, was \r\npublished in the Punjab Weekly Gazette, Part-III, dated: 22 August 2018, pp. 270-286, r. 15: It came into force on 1 November \r\n2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published in the Punjab Weekly Gaze tte, Part-III, \r\ndated: 28 October 2020, p. 225. \r\n3Omitted by the Notification No. 563-G, dated: 24 November 1927; issued by the High Court of Judicature at Lahore; and, was  \r\npublished in the Government Gazette Punjab and its Dependencies, dated: 9 December 1 927, Part-III, p. 1587. It was earlier \r\ninserted by the Notification No. 6 G, dated: 1 January 1909; issued by the Chief Court, Punjab; and, was published in the \r\nGovernment Gazette  Punjab and its  Dependencies,  dated: 1 January 1909,  pp. 2 -3. Above  said Notification was confirmed \r\nby the Notification No. 2212 G, dated: 12 May 1909; issued by the Chief Court, Punjab; and, was published in the Government \r\nGazette Punjab and its Dependencies, dated: 21 May 1909, p. 571. \r\nrelief, may be executed by the detention in \r\n1\r\n[* *] prison of the judgment­debtor or by \r\nthe attachment and sale of his property, or by both. \r\n31. Decree for specific moveable property .– (1) Where the decree is for any \r\nspecific moveable, or for any share in a specific moveable, it may be executed \r\nby the seizure, if practicable, of the moveable or share, and by the delivery \r\nthereof to the party to whom it has been adjudged, or to such person as he \r\nappoints to receive delivery on his behalf, or by the detention in \r\n2\r\n[* *] 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 \r\nfor \r\n3\r\n[three months], if the judgment-debtor has not obeyed the decree and the \r\ndecree-holder has applied to have the attached property sold, such property may \r\nbe sold, and out of the proceeds the Court may award to the decree­holder, in \r\ncases where any amount has been fixed by the decree to be paid as an \r\nalternative to delivery of moveable property, such amount, and, in other cases, \r\nsuch compensation as it thinks fit, and shall pay the balance (if any) to the \r\njudgment-debtor on his application. \r\n \r\n4\r\n[Provided that the court may in any special case, according to the special \r\ncircumstances thereof, extend the period beyond three months; but it shall in no \r\ncase exceed six months in all.]  \r\n (3) Where the judgment­debtor has obeyed the decree and paid all \r\ncosts of executing the same which he is bound to pay, or where, at the end of \r\n5\r\n[three months or such other period as may have been prescribed by the court] \r\nfrom the date of the attachment, no application to have the property sold has \r\nbeen made, or, if made, has been refused, the attachment shall cease. \r\n32. Decree for specific performance, for restitution of conjugal rights, or \r\nfor an injunction .– (1) Where the party against whom a decree for the specific \r\nperformance of a contract, \r\n6\r\n[* * * * * * *] or for an injunction, has been passed, has \r\nhad an opportunity of obeying the decree and has willfully failed to obey it, the \r\ndecree may be enforced \r\n7\r\n[ \r\n8\r\n[* * * * * * * * * * * * * * * * * * ] in the case of a decree \r\n                                                \r\n1The words “the civil” were omitted by the Civil Laws (Reforms) Act, 1994 ( XIV of 1994); assented to by the President on 27 \r\nJuly 1994; and, was published in the Gazette of Pakistan (Extraordinary), dated: 31 July 1994, pp. 683-688, s. 11. \r\n2Ibid. \r\n3Substituted for the words “six months” by the N otification No. 125 -Gaz.-XI.-Y.-14, dated: 7 April 1932; issued by the High \r\nCourt of Judicature at Lahore; and, was published in the Government Gazette Punjab and its Dependencies, Part-III, dated: 15 \r\nApril 1932, pp. 532-533. \r\n4Added ibid. \r\n5Substituted ibid., for the words “six months”. \r\n6The expression “or for restitution of conjugal rights,” was omitted by the Notification No. 237/Legis/XI -Y-26, dated: 15 August \r\n2018; issued by the Lahore High Court, Lahore; and, was published in the Punjab Weekly Gazette, Part-III, dated: 22 August \r\n2018, pp. 270-286, r. 15: It came into force on 1 November 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October \r\n2020, published in the Punjab Weekly Gazette, Part-III, dated: 28 October 2020, p. 225.  \r\n7Inserted by the Code of Civil Procedure (Amendment) Act, 1923 (XXIX  of 1923), published in the Gazette of India, dated: 4 \r\nAugust 1923, p. 189, s. 2. \r\n8The expression “in the case of a decree for restitution of conjugal rights by the attachment of his property or,” was omitted by \r\nthe Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and, was published in \r\nthe Punjab Weekly Gazette, Part-III, dated: 22 August 2018, pp. 270-286, r. 15: It came into force on 1 November 2020 through \r\nNotification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, Part -III, dated: 28 \r\nOctober 2020, p. 225. \r\nfor the specific performance of a contract or for an injunction] by his detention in \r\n1\r\n[* *] prison, or by the attachment of his property, or by both. \r\n (2) Where the party against whom a decree for specific performance or \r\nfor an injunction has been passed is a corporation, the decree may be \r\nenforced by the attachment of the property of the corporation or, with the \r\nleave of the Court, by the detention in \r\n2\r\n[* *] 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 \r\nremained in force for \r\n3\r\n[three months],  if the judgment­debtor has not obeyed the \r\ndecree and the decree­holder has applied to have the attached property sold, \r\nsuch property may be sold; and out of the proceeds the Court may award to the \r\ndecree­holder such compensation as it thinks fit, and shall pay the balance (if \r\nany) to the judgment­debtor on his application. \r\n \r\n4\r\n[Provided that the court may for sufficient reasons, on the application of the \r\njudgment-debtor, extend the period beyond three months; but it shall in no case \r\nexceed one year in all.]  \r\n (4) Where the judgment- debtor has obeyed the decree and paid all \r\ncosts of executing the same which he is bound to pay, or where, at the end of \r\n5\r\n[the three months or such other period as may have been prescribed by the court] \r\nfrom the date of the attachment, no application to have the property sold has \r\nbeen made, or if made has been refused, the attachment shall cease. \r\n (5) Where a decree for the specific performance of a contract or for \r\nan injunction has not been obeyed, the Court may, in lieu of or in addition to all or \r\nany of the processes aforesaid, direct that the act required to be done may be \r\ndone so far as practicable by the decree­holder or some other person appointed \r\nby the Court, at the cost of the judgment­debtor, and upon the act being done \r\nthe expenses incurred may be ascertained in such manner as the Court may \r\ndirect and may be recovered as if they were included in the decree. \r\nIllustration \r\nA, a person of little substance, erects a building which renders \r\nuninhabitable a family mansion belonging to B. A, in spite of his detention in \r\nprison and the attachment of his property, declines to obey a decree obtained \r\nagainst him by B and directing him to remove the building. The Court is of \r\nopinion that no sum realizable by the sale of A's property would adequately \r\ncompensate B for the depreciation in the value of his mansion. B may apply to \r\nthe Court to remove the building and may recover the cost of such removal from \r\nA in the execution­proceedings. \r\n                                                \r\n1The words “the civil” were omitted by the Civil Laws (Reforms) Act, 1994 ( XIV of 1994); assented to by th e President on 27 \r\nJuly 1994; and, was published in the Gazette of Pakistan (Extraordinary), dated: 31 July 1994, pp. 683-688, s. 11. \r\n2Ibid. \r\n3Substituted for the words “one year” by the Notification No. 125 -Gaz.-XI.-Y.-14, dated: 7 April 1932; issued by the  High Court \r\nof Judicature at Lahore; and, was published in the Government Gazette Punjab and its Dependencies, Part -III, dated: 15 April \r\n1932, pp. 532-533. \r\n4Added ibid. \r\n5Substituted ibid., for the words “the one year”. \r\n1\r\n[33. Discretion of Court in executing decrees for restitution of conjugal rights .– * ] \r\n34. Decree for execution of document, or endorsement of negotiable \r\ninstrument.– (1) Where a decree is for the execution of a document or for the \r\nendorsement of a negotiable instrument and the judgment­debtor neglects or \r\nrefuses to obey the decree, the decree­holder may prepare a draft of the \r\ndocument or endorsement in accordance with the terms of the decree and \r\ndeliver the same to the Court. \r\n (2) The Court shall thereupon cause the draft to be served on the \r\njudgment­debtor together with a notice requiring his objections (if any) to be made \r\nwithin such time as the Court fixes in this behalf. \r\n (3) Where the judgment­debtor objects to the draft, his objections shall \r\nbe stated in writing within such time, and the Court shall make such order \r\napproving or altering the draft, as it thinks fit. \r\n (4) The decree­holder shall deliver to the Court a copy of the draft with \r\nsuch alterations (if any) as the Court may have directed upon the proper \r\nstamp­paper if a stamp is required by the law for the time being in force; and the \r\nJudge 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 \r\ninstrument under this rule may 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 \r\nendorsement of the negotiable instrument by the party ordered to execute or \r\nendorse the same. \r\n (6) The Court, or such officer as it may appoint in this behalf, shall \r\ncause the document to be registered if its registration is required by the law for \r\nthe time being in force or the decree­holder desires to have it registered, and \r\nmay make such order as it thinks fit as to the payment of the expenses of the \r\nregistration. \r\n35. Decree for immoveable property .– (1) Where a decree is for the delivery \r\nof any immoveable property, possession thereof shall be delivered to the party to \r\nwhom it has been adjudged, or to such person as he may appoint to receive \r\ndelivery on his behalf, and, if necessary, by removing any person bound by the \r\ndecree who refuses to vacate the property. \r\n (2) Where a decree is for the joint possession of immoveable property \r\nsuch possession shall be delivered by affixing a copy of the warrant in some \r\nconspicuous place on the property and proclaiming by beat of drum, or other \r\ncustomary mode, at some convenient place, the substance of the decree. \r\n                                                \r\n1Omitted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  was \r\npublished in the Punjab Weekly Gazette, Part-III, dated: 22 August 2018, pp. 270-286, r. 15: It came into force on 1 November \r\n2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, Part -III, \r\ndated: 28 October 2020, p. 225. \r\n (3) Where possession of any building or enclosure is to be delivered and \r\nthe person in possession, being bound by the decree, does no afford free access, \r\nthe Court, through its officers, may, after giving reasonable warning and facility to \r\nany woman not appearing in public according to the customs of the country to \r\nwithdraw, 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 \r\ntenant.– Where a decree is for the delivery of any immoveable property in the \r\noccupancy of a tenant or other person entitled to occupy the same and not \r\nbound by the decree to relinquish such occupancy, the Court shall order \r\ndelivery to be made by affixing a copy of the warrant in some conspicuous place \r\non the property, and proclaiming to the occupant by beat of drum or other \r\ncustomary mode, at some convenient place, the substance of the decree in regard \r\nto the property \r\n1\r\n[:] \r\n \r\n2\r\n[Provided that no such right of a tenant or other person shall be protected \r\nin a case where the tenant or the other person entered into possession of the \r\nimmovable property during the pe ndency of the suit wherein the decree has \r\nbeen passed .] \r\nArrest and detention in \r\n3\r\n[* *] prison \r\n4\r\n[37. Discretionary power to allow judgment -debtor an opportunity to show \r\ngood cause against detention in prison .– (1) Notwithstanding anything in the \r\nrules, wher e a decree for the payment of money is sought to be executed through \r\narrest and detention in prison of the judgment -debtor, the Court may, before issuing \r\na warrant of arrest, provide one opportunity to the judgment -debtor to show good \r\ncause as to why he sh ould not be detained in prison:  \r\nProvided that such opportunity shall not be necessary if the Court is satisfied, \r\nby affidavit or otherwise, that, with the object of delaying the execution of the \r\ndecree, the judgment -debtor is likely to abscond or leave the  local limits of the \r\njurisdiction of the Court.  \r\n (2) Where the judgment -debtor fails to avail himself the opportunity or is \r\nunable to show a good cause, the Court shall, if the decree holder so requires, \r\nissue a warrant for the arrest of the judgment -debtor.] \r\n38. Warrant for arrest to direct judgment­debtor to be brought up .– Every \r\nwarrant for the arrest of a judgment­debtor shall direct the officer entrusted with \r\n                                                \r\n1Substituted for the “full -stop” by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by the Lahore High \r\nCourt, Lahore; and, was published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 15: It came \r\ninto force on 1 November 2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published in the Punjab \r\nWeekly Gazette, Part-III, dated: 28 October 2020, p. 225. \r\n2Added ibid. \r\n3The words “the civil” were omitted by the Civil Laws (Reforms) Act, 1994 ( XIV of 1994); assented to by the President on 27 \r\nJuly 1994; and, was published in the Gazette of Pakistan (Extraordinary), dated: 31 July 1994, pp. 683-688, s. 11. \r\n4Substituted by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  \r\nwas published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 1 5: It cam e into force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225. \r\nits execution to bring him before the Court with all convenient speed, unless the \r\namount which he has been ordered to pay, together with the interest thereon and \r\nthe costs (if any) to which he is liable, be sooner paid. \r\n1\r\n[39. Subsistence-allowance.–  * * * * * * * * * * * * * * *   ] \r\n2\r\n[40. Proceedings on appearance of judgment­debtor in obedience t o notice \r\nor after arrest .– \r\n3\r\n[(1) Where a judgment -debtor avails himself the opportunity \r\nprovided under rule 37 or is brought before the Court after being arrested in \r\nexecution of the decree for the payment of money, the Court shall give the judgment -\r\ndebtor an opportunity of showing good cause why he should not be detained in \r\nprison.] \r\n4\r\n[(2)  * * * * * * * * * * * * * * * * * * * * *  ]  \r\n \r\n5\r\n[(3) Where the judgment -debtor fails to show any good cause und er \r\nsub-rule (1), the Court may, subject to the provisions o f section 51 and to the \r\nother provisions of the Code, make an order for the detention of the judgment -\r\ndebtor in prison and shall, in that event, cause him to be arrested if he is not \r\nalready under arrest. ] \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 \r\nsub­rule (3), it shall disallow the application and, if the judgment­debtor is under \r\narrest, direct his release.] \r\nAttachment of property \r\n41. Examination of judgment­debtor as to his property.– Where a decree is \r\nfor the payment of money the decree­holder may apply to the Court for an order \r\nthat– \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 \r\njudgment­debtor and whether the judgment­debtor has any and what other \r\nproperty or means of satisfying the decree; and the Court may make an order for \r\nthe attendance and examination of such judgment­debtor, or officer or other \r\nperson, and for the production of any books or documents. \r\n                                                \r\n1Omitted by the Civil Laws (Reforms) Act, 1994 ( XIV of 1994); assented to  by the President on 27 July 1994; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 31 July 1994, pp. 683-688, s. 11. \r\n2Substituted by the Code of Civil Procedure (Amendment) Act, 1936 (XXI of 1936),  published in the Gazette of India, dated: 7 \r\nNovember 1936, pp. 63-64, s. 3. \r\n3Substituted by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  \r\nwas published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 1 5: It came into force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225. \r\n4Omitted ibid. \r\n5Substituted ibid. \r\n42. Attachment in case of decree for rent or mesne profits or other matter, \r\namount of which to be subsequently determined .– Where a decree directs an \r\ninquiry as to rent or mesne profits or any other matter, the property of the \r\njudgment­debtor may, before the amount due from him has been ascertained, \r\nbe attached, as in the case of an ordinary decree for the payment of money. \r\n1\r\n[43. Attachment of moveable property, other than agricultural produce, in \r\npossession of judgment­debtor .–  (1) Where the property to be attached is \r\nmovable property, other than agricultural produce, in the possession of the \r\njudgment­debtor, the attachment shall be made by actual seizure, and the \r\nattaching officer shall keep the property in his own custody or in the custody \r\nof one of his subordinates, and shall be responsible for the due custody thereof: \r\nProvided that, when the property seized is subject to speedy and \r\nnatural decay or when the expense of keeping it in custody is likely to exceed its \r\nvalue, the attaching officer may sell it at once, and \r\nProvided also that, when the property attached consists of live -stock, \r\nagricultural implements or other articles which cannot conveniently be removed and \r\nthe attaching officer does not act under the first proviso to this rule, he may at the \r\ninstance of the judgment -debtor or of the decree -holder or of any person claiming \r\nto be interested in such property leave it in the village or place where it has been \r\nattached– \r\n(a) in the charge of the person at whose instance the property is retained \r\nin such village or place, if such person enters into a bond in Form No. \r\n15-A of Appendix  E to this schedule with one or more sufficient \r\nsureties for its production when called for, or  \r\n(b) in the charge of an officer of the Court, if a suitable place for its safe \r\ncustody be provided and the remuneration of the officer for a period of \r\n15 days a t such rate as may from time to time be fixed by the High \r\nCourt be paid in advance, or  \r\n(c) in the charge of a village lambardar or such other respectable person \r\nas will undertake to keep such property, subject to the orders of the \r\nCourt, if such person en ters into a bond in Form No. 15 -B of Appendix \r\nE with one or more sureties for its production.  \r\n(2) Whenever an attachment made under the provisions of this rule \r\nceases for any of the reasons specified in rules 55, 57 or 60 of this Order, the Court \r\nmay order the restitution of the attached property to the person in whose \r\npossession it was before attachment.  \r\n(3) When property is made over to a custodian under sub -clause (a) or \r\n(c) of clause (1), the schedule of property annexed to the bond shall be drawn up \r\nby the attaching officer in triplicate and dated and signed by : \r\n(a) the custodian and his sureties , \r\n(b) the officer of the Court who made the attachment , \r\n                                                \r\n1Substituted by the Notification No. 606-G., dated: 13 December 1928; issued by the High Court of Judicature at Lahore; and, \r\nwas published in the Government Gazette Punjab and its Dependencies, Part -III, dated: 21 December 1928, pp. 1656 -1658, r. \r\n1. \r\n(c) the person whose property is attached and made over , \r\n(d) two respectable witnesses.  \r\nOne copy will be transmitted to the Court by the attaching officer and placed \r\non the record of the proceedings under which the attachment has been ordered, \r\none copy will be made over to the person whose property is attached and one copy \r\nwill be made over  to the custodian.] \r\n1\r\n[43-A. (1) Whenever attached property is kept in the village or place where it is \r\nattached, the attaching officer shall forthwith report the fact to the Court and shall \r\nwith his report forward a list of the property seized.  \r\n(2) If attached property is no t sold under the first proviso to rule 43 or \r\nretained in the village or place where it is attached under the second proviso to that \r\nrule it shall be brought to the Court -house and delivered to the proper officer of the \r\nCourt. \r\n(3) A custodian appointed unde r the second proviso to rule 43 may at any \r\ntime terminate his responsibility by giving notice to the Court of his desire to be \r\nrelieved of his trust and delivering to proper officer of the Court the property made \r\nover to him. \r\n(4) When any property is taken  back from a custodian he shall be granted \r\na receipt for the same.  \r\n43-B. (1) Whenever attached property kept in the village or place where it is \r\nattached is live -stock, the person at whose instance it is retained shall provide for \r\nits maintenance, and, if he fails to do so  and if it is in charge of an officer of the \r\nCourt, it shall be removed to the Court -house. \r\nNothing in this rule shall prevent the judgment -debtor, or any person \r\nclaiming to be interested in such stock, from making such arrangements for fe eding \r\nthe same as may not be inconsistent with its safe custody.  \r\n(2) The Court may direct that any sums which have been expended by \r\nthe attaching officer or are payable to him, if not duly deposited or paid, be \r\nrecovered from the proceeds of property, if s old, or be paid by the person declared \r\nentitled to delivery before he received the same. The Court may also order that any \r\nsums deposited or paid under these rules be recovered as costs of the attachment \r\nfrom any party to the proceedings.  \r\n43-C. When an app lication is made for the attachment of live -stock or other \r\nmovable property , the decree -holder shall pay into Court in cash such sum as will \r\ncover the costs of the maintenance and custody of the property for 15 days. If \r\nwithin three clear days , before the expiry of any such period of 15 days the amount \r\nof such costs for such further period as the Court may direct be not paid into Court, \r\nthe Court, on receiving a report thereof from the proper officer, may issue an order \r\nfor the withdrawal of the attachment and direct by whom the costs of the \r\nattachment are to be paid.  \r\n                                                \r\n1Inserted by the Notification No. 606-G., dated: 13 December 1928; issued by the High Court of Judicature at Lahore; and, was \r\npublished in the Government Gazette Punjab and its Dependencies, Part-III, dated: 21 December 1928, pp. 1656-1658, r. 1. \r\n43-D. Any person who has undertaken to keep attached property under rule 43 (1) \r\n(c) shall be liable to be proceeded against as a surety under section 145 of the \r\nCode and shall be liable to pay in execution proceedings the value of any such \r\nproperty willfully lost by him.]  \r\n44. Attachment of agricultural produce .– Where the property to be \r\nattached is agricultural produce, the attachment shall be made by affixing a copy \r\nof the warrant of attachment,– \r\n(a) where such produce is a growing crop, on the land on which such \r\ncrop has grown, or \r\n(b) where such produce has been cut or gathered, on the \r\nthreshing­floor or place for treading out  grain or the like or \r\nfodder­stack on or in which it is deposited,  \r\nand another copy on the outer door or on some other conspicuous part \r\nof the house in which the judgment­debtor ordinarily resides or, with the \r\nleave of the Court, on the outer door or on some other conspicuous part of \r\nthe house in which he carries on business or personally works for gain or in \r\nwhich he is known to have last resided or carried on business or personally \r\nworked for gain; and the produce shall thereupon be deemed to have \r\npassed into the possession of the Court. \r\n45. Provisions as to agricultural produce under attachment .– (1) Where \r\nagricultural produce is attached, the Court shall make such arrangements for the \r\ncustody thereof as it may deem sufficient and, for the purpose of enabling the \r\nCourt to make such arrangements, every application for the attachment of a \r\ngrowing crop shall specify the time at which it is likely to be fit to be cut or gathered \r\n1\r\n[and with every such application such charges as may be necessary for the \r\ncustody of the crop up to the time at which it is likely to be fit to be cut or gathered \r\nshall be paid to the court]. \r\n (2) Subject to such conditions as may be imposed by the Court in this \r\nbehalf either in the order of attachment or in any subsequent order, the \r\njudgment­debtor may tend, cut, gather and store the produce and to any other \r\nact necessary for maturing or preserving it; and if the judgment­debtor fails to do all \r\nor any of such acts, the decree­holder may, with the permission of the Court and \r\nsubject to the like conditions, do all or any of them either by himself or by any \r\nperson appointed by him in this behalf, and the costs incurred by the \r\ndecree­holder shall be recoverable from the judgment­debtor as if they were \r\nincluded in, or formed part of, the decree. \r\n (3) Agricultural produce attached as a growing crop shall not be \r\ndeemed to have ceased to be under attachment or to require re­attachment \r\nmerely because it has been severed from the soil. \r\n (4) Where an order for the attachment of a growing crop has been \r\nmade at a considerable time before the crop is likely to be fit to be cut or \r\ngathered, the Court may suspend the execution of the order for such time as it \r\n                                                \r\n1Added by the Notification No. 125 -Gaz.-XI.-Y.-14, dated: 7 April 1932; issued by the High Court of Judicature at Lahore; and, \r\nwas published in the Government Gazette Punjab and its Dependencies, Part-III, dated: 15 April 1932, pp. 532-533. \r\nthinks 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 \r\nstored shall not be attached under this rule at any time less than twenty days \r\nbefore the time at which it is likely to be fit to be cut or gathered. \r\n46. Attachment of debt, share and other property not in possession of \r\njudgment-debtor.– (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 \r\njudgment­debtor, except property deposited in, or in the custody of, \r\nany Court, the attachment shall be made by a written order \r\nprohibiting– \r\n(i) in the case of the debt, the creditor from recovering the debt \r\nand the debtor from making p ayment thereof until the further \r\norder of the Court; \r\n(ii) in the case of the share, the person in whose name the \r\nshare may be standing from transferring the same or \r\nreceiving any dividend thereon; \r\n(iii) in the case of the other moveable property except as \r\naforesaid, the person in possession of the same from giving it \r\nover to the judgment­debtor. \r\n (2) A copy of such order shall be affixed on some conspicuous part of \r\nthe court­house, and another copy shall be sent, in the case of the debt, to the \r\ndebtor, in the case of the share, to the proper officer of the corporation, and, in the \r\ncase of the other movable property (except as aforesaid), to the person in \r\npossession of the same. \r\n (3) A debtor prohibited under clause (i) of sub­rule (1) may pay the \r\namount of his debt into Court, and such payment shall discharge him as \r\neffectually as payment to the party entitled to receive the same. \r\n47. Attachment of share in moveables .– Where the property to be attached \r\nconsists of the share or interest of the judgment­debtor in moveable property \r\nbelonging to him and another as co­owners, the attachment shall be made by a \r\nnotice to the judgment­debtor prohibiting him from transferring the share or \r\ninterest or charging it in any way. \r\n48.  Attachment of salary or allowances of public officer or servant of \r\nrailway company or local authority .– (1) Where the property to be attached is \r\nthe salary or allowances of a \r\n1\r\n[servant of the \r\n2\r\n[State] ]or of a servant of a railway \r\n                                                \r\n1Substituted for the words “public officer” by the Code o f Civil Procedure (Amendment) Act, 1943 (V of 1943), published in the \r\nGazette of India, dated: 3 April 1943, pp. 2-3, s. 3. \r\n2Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it \r\ncame into force on 23 March 1956. \r\ncompany or local authority, the Court, whether the judgment­debtor or the \r\ndisbursing officer is or is not within the local limits of the Court's jurisdiction, \r\nmay order that the amount shall, subject to the provisions of section 60, be \r\nwithheld from such salary or allowances either in one payment or by monthly \r\ninstalments as the Court may direct; and, upon notice of the order to such officer \r\ninstalments as the Court may direct; and, upon notice of the order to such officer as \r\n1\r\n[the appropriate Government may by notification in the official Gazette] appoint \r\n2\r\n[in this behalf,– \r\n(a) where such salary or allowances are to be disbursed within the \r\nlocal limits to which this Code for the time being extends, the officer \r\nor other person whose duty it is to disburse the same shall withhold \r\nand remit to the Court the amount due under the order, or the \r\nmonthly installments, as the case may be; \r\n(b) where such salary or allowances are to be disbursed beyond the \r\nsaid limits, the officer or other person within those limits whose \r\nduty it is to instruct the disbursing authority regarding the amount \r\nof the salary or allowances to be disbursed shall remit to the Court \r\nthe amount due under the order, or the monthly installments, as the \r\ncase may be, and shall direct the disbursing authority to reduce the \r\naggregate of the amounts from time to time to be disbursed by the \r\naggregate of the amounts from time to time remitted to the Court.] \r\n (2) Where the attachable proportion of such salary or allowances is \r\nalready being withheld and r emitted to a Court in pursuance of a previous \r\nand unsatisfied order of attachment, the officer appointed by \r\n3\r\n[the appropriate \r\nGovernment] 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 \r\nwith the provisions of sub­rule (2), shall, without further notice or other process, \r\nbind \r\n4\r\n[the appropriate Government] or the railway company or local authority, as \r\nthe case may be, while the judgment-debtor is within the local limits to which this \r\nCode for the time being extends and while he is beyond those limits if he is in \r\n                                                \r\n1Substituted for the words “the Central Government or the Provincial Government may by notification in their official Gazette”  \r\nby the Repealing and Amending Act, 1942 (XXV of 1942), published in the Gazette of India, dated: 10 October 1942, pp. 45-51, \r\ns. 3 read with the Second Schedule. They were earlier substituted for the expression “the Government may by notification in \r\nthe Gazette of India or in the Local Official Gazette, as the case may be,” by the Government of India (Adaptation of Ind ian \r\nLaws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the \r\nFirst Schedule. \r\n2Substituted for the expression “in this behalf, the officer or other person whose duty it is to disburse suc h salary or allowances \r\nshall withhold and remit to the Court the amount due‟ under the order, or the monthly installments, as the case may be.” by t he \r\nCode of Civil Procedure (Amendment) Act, 1939 (XXVI of 1939), published in the Government Gazette, Punjab , dated: 6 \r\nOctober 1939, p. 312, s. 2. \r\n3Substituted for the words “the Central Government or the Provincial Government, as the case may be” by the Repealing and \r\nAmending Act, 1942 (XXV of 1942), published in the Gazette of India, dated: 10 October 1942, pp . 45-51, s. 3 read with the \r\nSecond Schedule. They were earlier substituted for  the words “the Government” by the Government of India (Adaptation of \r\nIndian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with \r\nthe First Schedule. \r\n4Ibid. \r\nreceipt of any salary or allowances payable out of \r\n1\r\n[the revenues of the \r\n2\r\n[Federal \r\nGovernment] or a Provincial Government] or the funds of a railway company \r\ncarrying on business in any part of \r\n3\r\n[Pakistan] or local authority in \r\n4\r\n[Pakistan]; and \r\n5\r\n[the appropriate Government] or the railway company or local \r\nauthority, as the case may be, shall be liable for any sum paid in contravention of \r\nthis rule. \r\n6\r\n[Explanation.– In this rule “appropriate Government ” means_ \r\n(i) as respects  any \r\n7\r\n[person] in the service of the  \r\n8\r\n[Federal Government], \r\nor any servant \r\n9\r\n[* * \r\n10\r\n[*] *] of a cantonment authority or of the port \r\nauthority of a major port, the \r\n11\r\n[Federal Government];  \r\n12\r\n[(ii) * * * * * * * * * * * * * * * * * * * * *   ] \r\n(iii) as  respects  any other \r\n13\r\n[Servant of the \r\n14\r\n[ State] ] or a servant of  \r\n                                                \r\n1Substituted for the expression “His Majesty‟s [Pakistan Revenues]” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of \r\n1961); made by the Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 \r\nJanuary 1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 \r\nread with the Schedule: it came into force on 23 March 1956. The words in crotchets we re earlier substituted for the words \r\n“Indian revenues” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the \r\nGazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n2Substituted for the words “Central Government” by the Federal Adaptation of Laws Order 1975 (P. O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of \r\nGeneral Adaptations. \r\n3Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance, \r\n1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan \r\n(Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came into force on 14 October 1955.  \r\nThey were earlier substituted for the words “British India” b y  the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. 4 of 1949),  published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223 -283, Article 3 read \r\nwith Article 4. \r\n4Ibid. \r\n5Substituted for the words “the Central Government or the Provincial Government” by the Repealing and Amending Act, 1942 \r\n(XXV of 1942), published in the Gazette of India, dated: 10 October 1942, pp. 45 -51, s. 3 read with the Second Schedule.  \r\nThey were earlier substituted for  the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, \r\n1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n6Added by the Repealing and Amending Act, 1942 (XXV of 1942), published in the Gazette of India, dated: 10 October 1942, \r\npp. 45-51, s. 3 read with the Second Schedule. \r\n7Substituted for the words “public officer” by the Code of Civil Procedure (Amendment) Act, 1943 (V of 1943), published in the  \r\nGazette of India, dated: 3 April 1943, pp. 2-3, s. 3. \r\n8Substituted for the words “Central Government” by the Federal Adaptation of Laws Order 1975 (P. O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of \r\nGeneral Adaptations. \r\n9The words “of a Railway or” were omitted by th e Central Adaptation of Laws Order, 1964 (P. O. No. 1 of 1964); made by the \r\nPresident on 27 May 1964; and, was published in the Gazette of Pakistan (Extraordinary), dated: 28 May 1964, pp. 251c -\r\n251aap, Article 2 read with the Schedule.  \r\n10The word “Federal”   was omitted  by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order,  1959  on 21 January  1961; and,  was \r\npublished in the  Gazette of  Pakistan (Extraordinary), dated: 24 January 1961, pp. 102-163, Article 2 read with the Schedule: it \r\ncame into force on 23 March 1956.  \r\n11Substituted for the words “Central Government” by the Federal Adaptation of Laws Order 1975 (P. O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of \r\nGeneral Adaptations. \r\n12Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette  of \r\nPakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n13Substituted for the words “public officer” by the Code of Civil Procedure (Amendment) Act, 1943 (V of 1943), published in the  \r\nGazette of India, dated: 3 April 1943, pp. 2-3, s. 3. \r\n14Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was \r\nany \r\n1\r\n[ *] railway or local authority, the Provincial Government.] \r\n49. Attachment of partnership property .– (1) Save as otherwise provided by \r\nthis rule, property b elonging to a partnership shall not be attached or sold in \r\nexecution of a decree other than a decree passed against the firm or against the \r\npartners in the firm as such. \r\n (2) The Court may, on the application of the holder of a decree against \r\na partner make an order charging the interest of such partner in the \r\npartnership property and profits with payment of the amount due under the \r\ndecree, 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 \r\nof any other money which may be coming to him in respect of the partnership, \r\nand direct accounts and inquiries and make an order for the sale of such interest \r\nor other orders as might have been directed or made if a charge had been made \r\nin favour of the decree­holder by such partner, or as the circumstances of the case \r\nmay require. \r\n (3) The other partner or partners shall be at liberty at any time to redeem \r\nthe interest charged or, in the case of a sale being directed, to purchase the same. \r\n (4) Every application for an order u nder sub­rule (2) shall be served on \r\nthe judgment­debtor and on his partners or such of them as are within  \r\n2\r\n[Pakistan]. \r\n (5) Every application made by any partner of the judgment­debtor under \r\nsub­rule (3) shall be served on the decree­holder and on the jud gment­debtor, \r\nand on such of the other partners as do not join in the application and as are \r\nwithin \r\n3\r\n[Pakistan]. \r\n (6) Service under sub­rule (4) or sub­rule (5) shall be deemed to be \r\nservice on all the partners, and all orders made on such applications sha ll be \r\nsimilarly served.  \r\n50. Execution of decree against firm .– (1) Where a decree has been \r\npassed against a firm, execution 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 \r\nor rule 7 of Order XXX or who has admitted on the pleadings that he \r\nis, or who has been adjudged to be, a partner; \r\n                                                                                                                                                  \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it \r\ncame into force on 23 March 1956.  \r\n1The word “other” was omitted by the Central Adaptation of Laws Order, 1964 (P. O. N o. 1 of 1964); made by the President on \r\n27 May 1964; and, was published in the Gazette of Pakistan (Extraordinary), dated: 28 May 1964, pp. 251c -251aap, Article 2 \r\nread with the Schedule. \r\n2Substituted for the words “the Provinces and the Capital of the Fede ration\" by the Central Laws (Statute Reform) Ordinance, \r\n1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan \r\n(Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. \r\nThey were earlier substituted for the words “British India” b y  the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith Article 4. \r\n3Ibid. \r\n(c) against any person who has been individually served as a partner \r\nwith a summons and has failed to appear: \r\nProvided that nothing in this sub­rule shall be deemed to limit or otherwise \r\naffect the provisions of section 247 of the \r\n1\r\n[*] Contract Act, 1872\r\n2 . \r\n (2) Where the decree­holder claims to be entitled to cause the decree \r\nto be executed against any person other than such a person as is referred to in \r\nsub­rule (1), clauses (b) and (c), as being a partner in the firm, he may apply to the \r\nCourt which passed the decree for leave, and where the liability is not disputed, \r\nsuch Court may grant such leave, or, where such liability is disputed, may order \r\nthat the liability of such person be tried and determined in any manner in which \r\nany issue in a suit may be tried and determined. \r\n (3) Where the liability of any person has been tried and determined \r\nunder sub­rule (2), the order made thereon shall have the same force and be \r\nsubject to the same conditions as to appeal or otherwise as if it were a decree. \r\n (4) Save as against any property of the partnership, a decree against \r\na firm shall not release, render liable or otherwise affect any partner therein \r\nunless he has been served with a summons to appear and answer. \r\n51. Attachment of negotiable instruments .– Where the property is a \r\nnegotiable instrument not deposited in a Court, nor in the custody of a public \r\nofficer, the attachment shall be made by actual seizure, and the instrument shall \r\nbe 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 \r\nthe property to be attached is in the custody of any Court or public officer, the \r\nattachment shall be made by a notice to such Court or officer, requesting that \r\nsuch property, and any interest or dividend becoming payable thereon, may be \r\nheld 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 \r\nquestion of title or priority arising between the decree­holder and any other \r\nperson, not being the judgment­debtor, claiming to be interested in such property \r\nby virtue of any assignment, attachment or otherwise, shall be determined by \r\nsuch Court. \r\n53. Attachment of decrees .– (1) Where the property to be attached is a \r\ndecree, either for the payment of money or for sale in enforcement of a mortgage \r\nor charge, the attachment shall be made– \r\n(a) if the decrees were passed by the same Court, then by order of such \r\nCourt, and \r\n(b) if the decree sought to be attached was passed by another Court, \r\nthen by the issue to such other Court \r\n3\r\n[and to  the Court to which it \r\n                                                \r\n1The word “Indian” deemed to be omitted by virtue of omission of the said word in the “short title”  of the Indian Limitation Act, \r\n1908 by  the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O . No. 4 of 1949), published in the Gazette of \r\nPakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n2IX of 1872. \r\n3Added by the Notification No. 125 -Gaz.-XI.-Y.-14, dated: 7 April 1932; issued by the High Court of Ju dicature at Lahore; and, \r\nwas published in the Government Gazette Punjab and its Dependencies, Part-III, dated: 15 April 1932, pp. 532-533. \r\nhas been transferred for execution]  of a notice by the Court which \r\npassed the decree sought to be executed, requesting such other \r\nCourt to stay the execution of its decree unless and until– \r\n(i) the Court which passed the decree sought to be executed \r\ncancels the notice, or \r\n(ii) the holder of the decree sought to be executed or \r\n1\r\n[with the \r\nconsent of the said decree -holder expressed in writing or with \r\nthe permission of the attaching court] his judgment­debtor \r\napplies to the Court receiving such notice to execute \r\n2\r\n[the \r\nattached] decree.  \r\n (2) Where a Court makes an order under clause (a) of sub­rule (1), or \r\nreceives an application under sub­head (ii) of clause (b) of the said sub­rule, it \r\nshall, on the application of the creditor who has attached the decree or his \r\njudgment­debtor, proceed to execute the attached d ecree 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 \r\nanother decree of the nature specified in sub­rule (1) shall be deemed to be the \r\nrepresentative of the holder of the attached decree and to be entitled to execute \r\nsuch attached decree in any manner lawful for the holder thereof. \r\n (4) Where the property to be attached in the execution of a decree is a \r\ndecree other than a decree of the nature referred to in sub­rule (1), the \r\nattachment shall be made, by a notice by the Court which passed the decree \r\nsought to be executed, to the holder of the decree sought to be attached, \r\nprohibiting him from transferring or charging the same in any way; and, where such \r\ndecree has been passed by any other Court, also by sending to such other Court \r\na notice to abstain from executing the decree sought to be attached until such \r\nnotice 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 \r\nexecuting the decree such information and aid as may reasonably be required. \r\n (6) On the application of the holder of a decree sought to be executed by \r\nthe attachment of another decree, the Court making an order of attachment under \r\nthis rule shall give notice of such order to the judgment­debtor bound by the \r\ndecree attached; and no payment or adjustment of the attached decree made by \r\nthe judgment­debtor in contravention of such order \r\n3\r\n[ with the knowledge \r\nthereof], either through the Court or otherwise, shall be recognized by any Court \r\nso long as the attachment remains in force. \r\n                                                \r\n1Inserted by removing the same words at the end of the clause by the Notification No. 225 -R-XI-Y-14, dated: 5 August 1937; \r\nissued by the High Court of Judicature at Lahore; and, was published in the Government Gazette, Punjab and its \r\nDependencies, Part-III, dated: 13 August 1937, p. 783. They were earlier added at the end of the clause by the Notification No. \r\n125-Gaz.-XI.-Y.-14, dated: 7 April 1932; issued by the High Court of Judicature at Lahore; and, was published in the \r\nGovernment Gazette Punjab and its Dependencies, Part-III, dated: 15 April 1932, pp. 532-533. \r\n2Substituted for the words “its own” by the Notification No. 125-Gaz.-XI.-Y.-14, dated: 7 April 1932; issued by the High Court of \r\nJudicature at Lahore; and, was published in the Government Gazette Punjab and its Dependencies, Part -III, dated: 15 April \r\n1932, pp. 532-533. \r\n3Substituted ibid., for the words “after the receipt of notice thereof”.  \r\n1\r\n[54. Attachment of immoveable property .– (1) Where the property is \r\nimmovable property, the attachment shall be made by an order prohibiting the \r\njudgment -debtor from transferring or charging the property in any way, and all \r\nother persons from taking a ny benefit from such transfer or charge and any such \r\ntransfer, charge, alienation, encumbrance or other disposition in violation of this \r\nrule shall be void and of no legal effect.  \r\n (2) A copy of the order under sub -rule (1) shall be conveyed to the \r\nconcern ed authority maintaining the record of the property under attachment, in \r\naddition to a proclamation of the order at some place adjacent to such property \r\nby beat of drum or any other customary mode, and a copy of the order shall be \r\naffixed on a conspicuous part of the property and the Court -house, and also, \r\nwhere the property is subject to land revenue to the Government, in the office of \r\nthe 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 \r\nresulting from the attachment of any property are paid into Court, or \r\n(b) satisfaction of the decree is otherwise made through the Court or \r\ncertified to the Court, or  \r\n(c) the decree is set aside or reversed, \r\nthe attachment shall be deemed to be withdrawn, and, in the case of \r\nimmovable property, the withdrawal shall, if the judgment­debtor so desires, be \r\nproclaimed at his expense, and a copy of the proclamation shall be affixed in the \r\nmanner prescribed by the last preceding rule. \r\n56. Order for payment of coin or currency notes to party entitled under \r\ndecree.– Where the property attached is current coin or currency notes, the \r\nCourt may, at any time during the continuance of the attachment, direct that such \r\ncoin or notes, or a part thereof sufficient to satisfy the decree, be paid over to the \r\nparty entitled under the decree to receive the same. \r\n57. Determination of attachment .– Where any property has been attached in \r\nexecution of a decree but by reason of the decree­holder ‟s default the Court is \r\nunable to proceed further with the application for execution, it shall either dismiss \r\nthe application or for any sufficient reason adjourn the proceedings to a future \r\ndate. Upon the dismissal of such appli cation the attachment shall cease.  \r\nInvestigation of claims and objections  \r\n58.  Investigation of claims to, and objections to attachment of, attached \r\nproperty.– (1) Where any claim is preferred to, or any objection is made to the \r\nattachment of, any property  attached in execution of a decree on the ground that \r\nsuch property is not liable to such attachment, the Court shall proceed to \r\ninvestigate the claim or objection with the like power as regards the examination \r\n                                                \r\n1Substituted by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  \r\nwas published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 1 5: It  came into force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225 \r\nof the claimant or objector, and in all other  respects, as if he was a party to the \r\nsuit: \r\n1\r\n[Provided that no such investigation shall be made where it appears to the \r\nCourt that the claim or objection (whether made before or after the sale) has \r\nbeen designedly or unnecessarily delayed, or was not made  within a reasonable \r\ntime or within \r\n2\r\n[thirty days]  of the date of the first attachment of the said property \r\nin the execution of the said decree, whichever is earlier, unless the claimant or \r\nobjector – \r\n(a) proves title acquired in good faith and for consider ation subsequent \r\nto the date of the first attachment;  \r\n(b) proves that his predecessors­in­interest, whether their interest \r\nexisted at the time of such attachment or was acquired thereafter, \r\nfraudulently omitted to make a claim or objection; and \r\n(c) he impleads all such predecessors­in­interest, as parties.] \r\n (2) Postponement of sale .– Where the property to which the claim or \r\nobjection applies has been advertised for sale, the Court ordering the sale may \r\npostpone it pending the investigation of the claim or objection. \r\n3\r\n[59. Evidence to be adduced by claimant .– The claimant or objector must \r\nadduce evidence to show that at the date of the attachment he had a title to, or \r\nright or interest in, the property attached. \r\n60. Release of property from attachment .– Where upon the said investigation \r\nthe Court is satisfied that the claimant or objector had a title to, or right or interest \r\nin, the said property and the said property was not, by reason of such title, right or \r\ninterest, wholly or partly liable to attachment, the Court shall make an order \r\nreleasing the property, wholly, or, as the case may be, to such extent as it is not so \r\nliable, from attachment. \r\n61. Continuance of attachment subject to claim of encumbrancer .– Where \r\nthe Court is satisfied that the property is subject to mortgage or charge in favour \r\nof some person, and thinks fit to continue the attachment, it may do so subject to \r\nsuch mortgage or charge. \r\n62. Questions relating to rights, etc., of claimant in attached property to be \r\ndecided by Court .– All questions relating to the right, title or interest of the \r\nclaimant or objector in the attached property shall be adjudicated upon and \r\ndetermined by the Court and no separate suit shall lie to establish such title, \r\nright or interest.] \r\n4\r\n[63. Saving of suits to establish right to attached property.–* * * * *   ] \r\n                                                \r\n1Substituted by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 \r\nApril 1972, pp. 526-583, s. 2 read with the Schedule. \r\n2Substituted for the words “one year” by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore \r\nHigh Court, Lahore; and, was published in the Punjab Weekly Gazette, Part-III, dated: 22 August 2018, pp. 270-286, r. 15: It \r\ncame into force on 1 November 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, published in the \r\nPunjab Weekly Gazette, Part-III, dated: 28 October 2020, p. 225. \r\n3Ibid. \r\n4Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 \r\nApril 1972, pp. 526-583, s. 2 read with the Schedule. \r\n1\r\n[63-A. * * * * * * * * * * * * * * * * * * * * * * *   ] \r\nSale generally \r\n64. Power to order property attached to be sold and proceeds to be paid to \r\nperson entitled .– Any Court executing a decree may order that any property \r\nattached by it and liable to sale, or such portion thereof as may seem necessary \r\nto satisfy the decree, shall be sold, and that the proceeds of such sale, or a \r\nsufficient portion thereof, shall be paid to the party entitled under the decree to \r\nreceive the same. \r\n65. Sales by whom conducted and how made .– Save as otherwise \r\nprescribed, every sale in execution of a decree shall be conducted by an \r\nofficer of the Court or by such other person as the Court may appoint in this \r\nbehalf, and shall be made by public auction in manner prescribed. \r\n66. Proclamation of sales by public auction .– (1) Where any property is \r\nordered to be sold by public auction in execution of a decree, the Court shall \r\ncause a proclamation of the intended sale to be made in the language of such \r\nCourt. \r\n2\r\n[(2)(i) such proclamation shall be drawn up by the Co urt Auctioneer and shall \r\nstate the time and place of sale and specify as fairly and accurately as possible:   \r\n(a) the property to be sold;  \r\n(b) the revenue assessed upon the estate or part  of the estate, where the \r\nproperty to be sold is an interest in an estate or in part of an estate \r\npaying revenue to the Government;  \r\n(c) any encumbrance 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 t hing which the Court Auctioneer considers material for a \r\npurchaser to know in order to judge  of the nature and value of the \r\nproperty. \r\n (ii) the Court Auctioneer shall submit the proclamation drawn up by him \r\nto the Court for its approval which shall add to it the reserve price of \r\nthe property under sale, based upon the evaluation report submitted \r\nby any evaluator appointed by the Court from amongst the evaluators \r\napproved by the  Pakistan Banker‟s Association. ] \r\n3\r\n[(3) * * * * * * * * * * * * * * * * * * * * *   ] \r\n                                                \r\n1Deleted by the Notification No. 106 -R-XI-Y-14, dated: 27 April 1937. It was added by the Notification No. 125 -Gaz.-XI.-Y.-14, \r\ndated: 7 April 1932; issued by the High Court of Judicature at Lahore; and, was published in the Government Gazette Punjab \r\nand its Dependencies, Part-III, dated: 15 April 1932, pp. 532-533.  \r\n2Substituted by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and, \r\nwas published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 15: It came int o force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225. \r\n3Omitted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and, was \r\npublished in the Punjab Weekly Gazette, Part-III, dated: 22 August 2018, pp. 270-286, r. 15: It came into force on 1 November \r\n2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published i n the Punjab Weekly Gazette, Part -III, \r\ndated: 28 October 2020, p. 225. It was earlier added by the Notification No. 150-R./XI-Y.-14, dated: 16 May 1939; issued by the \r\nHigh Court of Judicature at Lahore; and, was published in the Government Gazette, Punjab,  dated: 19 May 1939, Part -III, p. \r\n414. \r\n1\r\n[(4)] Every application for an order for sale under this rule shall be \r\naccompanied by a statement signed and verified in the manner hereinbefore \r\nprescribed for the signing and verification of pleadings and containing, so far as \r\nthey are known to or can be ascertained by the person making the \r\nverification, the matters required by sub­rule (2) to be specified in the proclamation. \r\n2\r\n[(5)] For the purpose of ascertaining the matters to be specified in the \r\nproclamation, the Court may summon any person whom it thinks necessary to \r\nsummon and may examine him in respect to any such matters and require him to \r\nproduce any document in his possession or power relating thereto. \r\n67. Mode of making proclamation .– (1) Every proclamation shall be made \r\nand published, as ne arly as may be, in the manner prescribed by rule 54, \r\nsub­rule (2).  \r\n3\r\n[(2)(i) Where the reserve price determined by the Court exceeds rupees \r\ntwo million, the proclamation shall also be published in at least one widely \r\ncirculated national daily newspaper and the costs of such publication shall be \r\ndeemed to be costs of the sale; and  \r\n (ii) The Court Auctioneer shall cause video recording of the auction  \r\nproceedings while  ensuring transparent  and fair bidding process of \r\nthe p ublic auction and the costs of such vid eo recording shall be \r\ndeemed to be costs of the sale. ] \r\n (3) Where property is divided into lots for the purpose of being sold \r\nseparately, it shall not be necessary to make a separate proclamation for each \r\nlot, unless proper notice of the sale cannot, in the opinion of the Court, otherwise \r\nbe given. \r\n68. Time of sale .– Save in the case of property of the kind described in the \r\nproviso to rule 43, no sale hereunder shall, without the consent in writing of the \r\njudgment­debtor, take place until after the expiration of at least \r\n4\r\n[fifteen ] days in \r\nthe case of immoveable property, and of at least \r\n5\r\n[one week]  in the case of \r\nmoveable property, calculated from the date on which the copy of the \r\nproclamation has been affixed on the court­house of the Judge ordering the sale. \r\n69. Adjournment or stoppage of sale .– (1) The Court may, in its discretion, \r\nadjourn any sale hereunder to a specified day and hour, and the officer \r\nconducting any such sale may in his discretion adjourn the sale, recording his \r\nreasons for such adjournment: \r\n                                                \r\n1Renumbered by the Notification No. 150 -R./XI-Y.-14, dated: 16 May 1939; issued by the High Court of Judicature at Lahore; \r\nand, was published in the Government Gazette, Punjab, Part-III, dated: 19 May 1939, p. 414. \r\n2Ibid. \r\n3Substituted by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  \r\nwas published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 1 5: It came into force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225. \r\n4Substituted for the word “thirty” by the Notification No. 125 -Gaz.-XI.-Y.-14, dated: 7 April 193 2; issued by the High Court of \r\nJudicature at Lahore; and, was published in the Government Gazette Punjab and its Dependencies, Part -III, dated: 15 April \r\n1932, pp. 532-533. \r\n5Ibid., for the words “fifteen days”. \r\nProvided that, where the sale is made in, or within the precincts of, the \r\ncourt­house, no such adjournment shall be made without the leave of the Court. \r\n(2) Where a sale is adjourned under sub­rule (1) for a longer period \r\nthan \r\n1\r\n[thirty days],  a fresh proclamation under rule 67 shall be made, unless the \r\njudgment­debtor consents to waive it. \r\n(3) Every sale shall be stopped if, before the lot is knocked down, the \r\ndebt and costs (including the costs of the sale) are tendered to the officer \r\nconducting the sale, or proof is given to his satisfaction that the amount of such \r\ndebt and costs has been paid into the Court which ordered the sale. \r\n2\r\n[70. Saving of certain sales .–  * * * * * * * * * * * * * * *   ] \r\n71. Defaulting purchaser answerable for loss on re­sal e.– Any deficiency of \r\nprice which may happen on a re­sale by reason of the purchaser's default, and all \r\nexpenses attending such re­sale, shall be certified to the Court or to the Collector \r\nor subordinate of the Collector, as the case may be, by the officer or other person \r\nholding the sale, and shall, at the instance of either the decree-holder or the \r\njudgment­debtor, be recoverable from the defaulting purchaser under the \r\nprovisions relating to the execution of a decree for the payment of money. \r\n72. Decree-holder not to bid for or buy property without permission .– \r\n3\r\n[(1)\r\n The holder of a decree in execution of which the property is sold may \r\nparticipate in the auction of the property and for that purpose make a bid for the \r\npurchase of the property.  \r\n(2) Where a d ecree-holder purchases the property, the purchase -\r\nmoney and the amount due on the decree may, subject to the provisions of \r\nsection 73, be set -off against one another, and the Court executing the decree \r\nshall enter up satisfaction of the decree in whole or in part accordingly .] \r\n4\r\n[(3) *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *  *]  \r\n73. Restriction on bidding or purchase by officers .– No officer or other person \r\nhaving any duty to perform in connection with any sale shall, either directly or \r\nindirectly, bid for, acquire or attempt 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 \r\nagricultural produce, the sale shall be held,– \r\n                                                \r\n1Substituted for the word “seven days” by the Notification No. 125-Gaz.-XI.-Y.-14, dated: 7 April 1932; issued by the High Court \r\nof Judicature at Lahore; and, was published in the Government Gazette Punjab and its Dependencies, Part -III, dated: 15 April \r\n1932, pp. 532-533. \r\n2Omitted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  was \r\npublished in the Punjab Weekly Gazette, Part-III, dated: 22 August 2018, pp. 270-286, r. 15: It came into force on 1 November \r\n2020 through Notification No. 250/ Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, Part -III, \r\ndated: 28 October 2020, p. 225. \r\n3Substituted by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  \r\nwas publis hed in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 1 5: It came into force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225. \r\n4Omitted ibid. \r\n(a) if such produce is a growing crop, on or near the land on which such \r\ncrop has grown, or \r\n(b) if such produce has been cut or gathered, at or near the \r\nthreshing­floor or place for treading out  grain or the like or \r\nfodder­stack on or in which it is deposited: \r\nProvided that the Court may direct the sale to be held at the nearest place \r\nof public resort, if it is of opinion that the produce is thereby likely to sell to greater \r\nadvantage. \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 \r\noffered for it, and \r\n(b) the owner of the produce or a person authorized to act in his behalf \r\napplies to have the sale postponed till the next day or, if a market is \r\nheld at the place of sale, the next market­day, \r\nthe sale shall be postponed accordingly and shall be then completed, \r\nwhatever price may be offered for the produce. \r\n75. Special provisions relating to growing crops .– (1) Where the property \r\nto be sold is a growing crop and the crop from its nature admits of being stored \r\nbut has not yet been stored, the day of the sale shall be so fixed as to admit of its \r\nbeing made ready for storing before the arrival of such day, and the sale shall not \r\nbe 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 \r\n1\r\n[or \r\ncan be sold to greater advantage  in an unripe state , \r\n2\r\n[* * * *  * *] ], it may be sold \r\nbefore it is cut and gathered, and the purchaser shall be entitled to enter on the \r\nland, and to do all that is necessary for the purpose of tending and cutting or \r\ngathering it. \r\n76. Negotiable instruments and shares in corporations .– Where the \r\nproperty to be sold is a negotiable instrument or a share in a corporation, the \r\nCourt may, instead of directing the sale to be made by public auction, authorize \r\nthe sale of such instrument or share through a broker. \r\n77. Sale by public auction .– (1) Where moveable property is sold by public \r\nauction the price of each lot shall be paid at the time of sale or as soon after as \r\nthe officer or other person holding the sale directs, and in default of payment the \r\nproperty shall forthwith be re­sold. \r\n (2) On payment of the purchase­money, the officer or other person \r\nholding the sale shall grant a receipt for the same, and the sale shall become \r\nabsolute. \r\n                                                \r\n1Added by the Notification No. 6 G, dated: 1 January 1909; issued by the Chief Court, Punjab; and, was published in the \r\nGovernment Gazette Punjab and its Dependencies, dated: 1 January 1909, pp. 2 -3. Above said Notification was confirmed by \r\nthe Notification No. 2212 G, dated: 12 May 1909; issued by the Chief Court, Punjab; and, was published in the Government \r\nGazette Punjab and its Dependencies, dated: 21 May 1909, p. 571. \r\n2The words “such as green wheat or gram” were delet ed by the Notification No. 123 -R./XI.-Y.-14, dated: 28 April 1938; issued \r\nby the High Court of Judicature at Lahore; and, was published in the Government Gazette Punjab, dated: 6 May 1938, p. 267. \r\n (3) Where the moveable property to be sold is a share in goods \r\nbelonging to the judgment­debtor and a co­owner, and two or more persons, of \r\nwhom one is such co­owner, respectively bid the same sum for such property or \r\nfor any lot, the bidding shall be deemed to be the bidding of the co­owner. \r\n1\r\n[78. Irregularity not to vitiate sale, but any person injured may sue .– * * * *   ] \r\n79. Delivery of moveable property, debts and shares .– (1) Where the \r\nproperty sold is moveable property of which actual seizure has been made, it shall \r\nbe delivered to the purchaser. \r\n (2) Where the property sold is moveable property in the possession of \r\nsome person other than the judgment­debtor, the delivery thereof to the \r\npurchaser shall be made by giving notice to the person in possession prohibiting \r\nhim 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 \r\ninstrument, or is a share in a corporation, the delivery thereof shall be made by a \r\nwritten order of the Court prohibiting the creditor from receiving the debt or any \r\ninterest thereon, and the debtor from making payment thereof to any person \r\nexcept the purchaser, or prohibiting the person in whose name the share may be \r\nstanding from making any transfer of the share to any person except the \r\npurchaser, or receiving payment of any dividend or interest thereon, and the \r\nmanager, secretary or other proper officer of the corporation from permitting any \r\nsuch transfer or making any such payment to any person except the purchaser. \r\n80. Transfer of negotiable instruments and shares .– (1) Where the \r\nexecution of a document or the endorsement of the party in whose name a \r\nnegotiable instrument or a share in a corporation is standing is required to \r\ntransfer such negotiable instrument or share, the Judge or such officer as he may \r\nappoint in this behalf may execute such document or make such endorsement as \r\nmay be necessary, and such execution or endorsement shall have the same effect \r\nas an execution or endorsement by the party. \r\n (2) Such execution or endorsement may be in the following form, \r\nnamely:_ \r\nA.B. by C.D., Judge of the Court of (or as the case may be), in a suit by E.F. \r\nagainst A.B. \r\n (3) Until the transfer of such negotiable instrument or share, the Court \r\nmay, by order, appoint some person to receive any interest or dividend due thereon \r\nand to sign a receipt for the same; and any receipt so signed shall be as valid and \r\neffectual for all purposes as if the same had been signed by the party himself. \r\n81. Vesting ord er in case of other property .– In the case of any moveable \r\nproperty not hereinbefore provided for, the Court may make an order vesting such \r\n                                                \r\n1Omitted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and, was \r\npublished in the Punjab Weekly Gazette, Part-III, dated: 22 August 2018, pp. 270-286, r. 15: It came into force on 1 November \r\n2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 Octob er 2020, published in the Punjab Weekly Gazette, Part -III, \r\ndated: 28 October 2020, p. 225. \r\nproperty in the purchaser or as he may direct; and such property shall vest \r\naccordingly. \r\nSale of immoveable property \r\n82. What Courts may order sales .– Sales of immovable property in execution \r\nof decrees may be ordered by any Court other than a Court of Small Causes. \r\n83. Postponement of sale to enable judgment -debtor to raise amount of \r\ndecree.– (1) Where an order for the sale of immoveable property has been made, \r\nif the judgment­debtor can satisfy the Court that there is reason to believe that the \r\namount of the decree may be raised by the mortgage or lease or private sale of \r\nsuch property, or some part thereof, or of any other immoveable property of \r\nthe judgement­debtor, the Court may, on his application, postpone the sale of the \r\nproperty comprised in the order for sale on such terms and for such period as it \r\nthinks proper, to enable him to raise the amount. \r\n (2) In such case the Court shall grant a certificate to the \r\njudgment­debtor authorizing him within a period to be mentioned therein, and \r\nnotwithstanding anything contained in section 64, to make the proposed \r\nmortgage, lease or sale: \r\nProvided that all monies payable under such mortgage, lease or sale \r\nshall be paid, not to the judgment­debtor, but, save in so far as a \r\ndecree­holder is entitled to set off such money under the provisions of rule 72, \r\ninto Court: \r\nProvided also that no mortgage, leases or sale under this rule shall \r\nbecome absolute until it has been confirmed by the Court. \r\n (3) Nothing in this rule shall be deemed to apply to a sale of \r\nproperty directed to be sold in execution of a decree for sale in enforcement of a \r\nmortgage of, or charge on, such property. \r\n \r\n1\r\n[(4) A notice of the sale of the property shall be given to the judgment -\r\ndebtor with an option to match the highest bid within fifteen days of the auction of \r\nthe property and the judgment debtor, in that case, shall have the first right of \r\nrefusal to purcha se the property at the highest bid offered by a bidder. ] \r\n84. Deposit by purchaser and re­sale on default .–\r\n 2\r\n[(1) On every sale of \r\nimmovable property, the person declared to be the purchaser shall pay to the \r\nofficer or other person conducting the sale the a mount equal to the reserve price of \r\nthe property through pay order or bank draft or banker‟s cheque immediately after \r\nsuch declaration and in case such payment is not so made, the property shall \r\nforthwith be resold in the manner provided under this Order. ] \r\n                                                \r\n1Inserted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and, was \r\npublished in the Punjab Weekly Gazette, Part-III, dated: 22 August 2018, pp. 270-286, r. 15: It came into force on 1 November \r\n2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, Part -III, \r\ndated: 28 October 2020, p. 225. \r\n2Substituted ibid. \r\n(2) Where the decree­holder is the purchaser and is entitled to set off \r\nthe purchase­money under rule 72, the Court may dispense with the requirements \r\nof this rule. \r\n85. Time for payment in full of purchase -money.– The full amount of \r\npurchase­money payable shall be paid by the purchaser into Court before the \r\nCourt closes on the fifteenth day from the sale of the property: \r\nProvided that, in calculating the amount to be so paid into Court, the \r\npurchaser shall have the advantage of any set­off to which he may be entitled \r\nunder rule 72. \r\n86. Procedure in default of payment .– In default of payment within the period \r\nmentioned in the last preceding rule, the deposit may, if the Court thinks fit, after \r\ndefraying the expenses of the sale, be forfeited to the Government, and the \r\nproperty shall be re­sold, and the defaulting purchaser shall forfeit all claim to the \r\nproperty 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 \r\nof payment of the purchase­money within the period allowed for such payment, \r\nshall be made after the issue of a fresh proclamation in the manner and for the \r\nperiod hereinbefore prescribed for the sale. \r\n88. Bid of co­sharer to have preference .– Where the property sold is a \r\nshare of undivided immoveable property and two or more persons, of whom one \r\nis a co­sharer, respectively bid the same sum for such property or for any lot, the \r\nbid shall be deemed to be the bid of the co­sharer. \r\n89. Application to set aside sal e on deposit .– (1) Where immoveable \r\nproperty has been sold in execution of a decree, \r\n1\r\n[any person claiming any \r\ninterest in the property sold at the time of the sale or at the time of making the \r\napplication under this rule or acting  for or  in the interest o f such  a person], may \r\napply to have the sale set aside on his depositing in Court,– \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 \r\nproclamation of sale as that for the recovery of which the sale was \r\nordered, less any amount which may, since the date of such \r\nproclamation of sale, have been received by the decree­holder. \r\n (2) Where a person applies under rule 90 to set aside the sale of his \r\nimmoveable property, he shall not, unless he withdraws his application, be \r\nentitled to make or prosecute an application under this rule. \r\n                                                \r\n1Substituted for the expression “any person, either owning such property or holding an interest therein by virtue of a title \r\nacquired before such sale” by the Notification No. 125 -Gaz.-XI.-Y.-14, dated: 7 April 1932; issued by the High Court of \r\nJudicature at Lahore; and, was published in the Government Gazette Punjab and its Dependencies, Part -III, dated: 15 April \r\n1932, pp. 532-533. \r\n (3) Nothing in this rule shall relieve the judgement­debtor from any \r\nliability he may be under in respect of costs and interest not covered by the \r\nproclamation of sale \r\n1\r\n[:] \r\n \r\n2\r\n[Provided that no application under this rule shall be entertained unless the \r\napplicant deposits in the Court the amount specified in the proclamation of sale along \r\nwith a sum equal to five per cent of the purchase money.] \r\n \r\n3\r\n[(4) The Court shall decide the application under this rule within thirty days \r\nof the filing of the application.] \r\n90. Application to set aside sale on ground of irregularity or fraud .– (1) \r\nWhere any immoveable property has been sold in execution of a decree, the \r\ndecree­holder, or any person entitled to share in a rateable distribution of assets, \r\nor whose interests are affected by the sale, may apply to the Court to set aside the \r\nsale on the ground of a material irregularity or fraud in publishing or conducting it: \r\nProvided that no sale shall be set aside on the ground of irregularity or \r\nfraud unless upon the facts proved the Court is satisfied that the applicant has \r\nsustained substantial injury by reason of such irregularity or fraud. \r\n4\r\n[Provided further that no such sale be set aside on any ground which the \r\napplicant could have put forward before the sale was conducted  \r\n5\r\n[:] ] \r\n6\r\n[Provided further that no such application shall be entertained unless the \r\napplicant deposits such amount, not exceeding  \r\n7\r\n[fifty] per cent of the sum realised \r\nat the sale, or furnishes such security, as the Court may direct.] \r\n91. Application by purchaser to set aside sale on ground of  judgment-\r\ndebtor having no saleable interest .– The purchaser at any such sale in \r\nexecution of a decree may apply to the Court to set aside the sale, on the ground \r\nthat the judgment­debtor had no saleable interest in the property sold. \r\n92. Sale when to become absolute or be set aside .– (1) Where no application \r\nis made under rule 89, rule 90 or rule 91, or where such application is made and \r\ndisallowed, the Court shall make an order confirming the sale, and thereupon the \r\nsale shall become absolute. \r\n                                                \r\n1Substituted for the “full -stop” by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by the Lahore H igh \r\nCourt, Lahore; and, was published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 15: It came \r\ninto force on 1 November 2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published in the Punjab \r\nWeekly Gazette, Part-III, dated: 28 October 2020, p. 225. \r\n2Inserted ibid. \r\n3Ibid. \r\n4Added by the Notification No. 125 -Gaz.-XI.-Y.-14, dated: 7 April 1932; issued by the High Court of Judicature at Lahore; and, \r\nwas published in the Government Gazette Punjab and its Dependencies, Part-III, dated: 15 April 1932, pp. 532-533. \r\n5Substituted for the “full­stop” by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 14 April 1972, pp. 526-583, s. 2 read with the Schedule. \r\n6Added ibid. \r\n7Substituted for the word “twenty-five” by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by the Lahore \r\nHigh Court, Lahore; and,  was published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 1 5: It \r\ncame into force on 1 November 2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published in the \r\nPunjab Weekly Gazette, Part-III, dated: 28 October 2020, p. 225. \r\n (2) Where such application is made and allowed, and where, in the \r\ncase of an application under rule 89, the deposit required by that rule is made \r\nwithin thirty days from the date of sale, the Court shall make an order setting \r\naside the sale: \r\nProvided that no order shall be made unless notice of the application has \r\nbeen given to all persons affected thereby. \r\n (3) No suit to set aside an order made under this rule shall be brought by \r\nany person against whom such order is made. \r\n93. Return of purchase­money in certain cases .– Where a sale of \r\nimmoveable property is set aside under rule 92, the purchaser shall be entitled to \r\nan order for repayment of his purchase­money, with or without interest as the \r\nCourt may direct, against any person to whom it has been paid. \r\n94. Certificate to purchaser .– Where a sale of immoveable property has \r\nbecome absolute, the Court shall grant a certificate specifying the property sold \r\nand the name of the person who at the time of sale is declared to be the \r\npurchaser. Such certificate shall bear date the day on which the sale became \r\nabsolute. \r\n95. Delivery of property in occupancy of j udgment­debtor .– Where the \r\nimmoveable property sold is in the occupancy of the judgment­debtor or of some \r\nperson on his behalf or of some person claiming under a title created by the \r\njudgment debtor subsequently to the attachment of such property and a \r\ncertificate in respect thereof has been granted under rule 94, the Court shall, on \r\nthe application of the purchaser, order delivery to be made by putting such \r\npurchaser or any person whom he may appoint to receive delivery on his behalf in \r\npossession of the property, and, if need be, by removing any person who refuses \r\nto vacate the same. \r\n96. Delivery of property in occupancy of tenant.– Where the property sold is \r\nin the occupancy of a tenant or other person entitled to occupy the same and a \r\ncertificate in respect thereof has been granted under rule 94, the Court shall, on \r\nthe application of the purchaser, order delivery to be made by affixing a copy \r\nof 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 \r\nconvenient place, that the interest of the judgment­debtor has been transferred to \r\nthe purchaser. \r\nResistance to delivery of possession to decree­holder or purchaser  \r\n97. Resistance or obstruction to possession of immove able property .– (1) \r\nWhere the holder of a decree for the possession of immoveable property or the \r\npurchaser of any such property sold in execution of a decree is resisted or \r\nobstructed by any person in obtaining possession of the property, he may make an \r\napplication to the Court complaining of such resistance or obstruction. \r\n(2) The Court shall fix a day for investigating the matter and shall \r\nsummon the party against whom the application is made to appear and answer the \r\nsame. \r\n98. Resistance or obstruction b y judgment -debtor.– Where the Court is \r\nsatisfied that the resistance or obstruction was occasioned without any just \r\ncause by the judgment­debtor or by some other person at his instigation \r\n1\r\n[or on \r\nhis behalf], 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 \r\nCourt may also, at the instance of the applicant, order the judgment­debtor, or \r\nany person acting at his instigation \r\n2\r\n[or on his behalf],  to be detained in \r\n3\r\n[* *] \r\nprison for a term which may extend to thirty days. \r\n \r\n4\r\n[Such detention shall be at the public expense and the person at whose \r\ninstance the detention is ordered shall not be required to pay subsistence \r\nallowance.] \r\n99. Resistance or obstruc tion by bona fide claimant .– Where the Court is \r\nsatisfied that the resistance or obstruction was occasioned by any person (other \r\nthan the judgment­debtor) claiming in good faith to be in possession of the \r\nproperty on his own account or on account of some person other than the \r\njudgment­debtor, the Court shall make an order dismissing the application. \r\n100. Dispossession by decree­holder or purchaser .– (1) Where any person \r\nother than the judgment­debtor is dispossessed of immovable property by the \r\nholder of a decree for the possession of such property or, where such property has \r\nbeen sold in execution of a decree, by the purchaser thereof, he may make an \r\napplication to the Court complaining of such dispossession. \r\n (2) The Court shall fix a day for investigating the matter and shall \r\nsummon the party against whom the application is made to appear and answer the \r\nsame. \r\n101. Bona fide  claimant to be restored to pos session.– Where the Court is \r\nsatisfied that the applicant was in possession of the property on his own \r\naccount or on account of some person other than the judgement­debtor, it shall \r\ndirect that the applicant be put into possession of the property. \r\n102. Rules not applicable to transferee lite pendente.– Nothing in rules 99 and \r\n101 shall apply to resistance or obstruction in execution of a decree for the \r\npossession of immoveable property by a person to whom the judgment­debtor \r\nhas transferred the property after the institution of the suit in which the decree \r\nwas passed or to the dispossession of any such person. \r\n5\r\n[103. Certain orders conclusive and suit barred .– All questions arising as to title, \r\nright or interest in, or possession of, immoveable property between an applicant \r\n                                                \r\n1Added by the Notification No. 125 -Gaz.-XI.-Y.-14, dated: 7 April 1932; issued by the High Court of Judicature at Lahore; and, \r\nwas published in the Government Gazette Punjab and its Dependencies, Part-III, dated: 15 April 1932, pp. 532-533. \r\n2Ibid. \r\n3The words “the civil” were omitted by the Civil Laws (Reforms) Act, 1994 ( XIV of 1994); assented to by the President on 27 \r\nJuly 1994; and, was published in the Gazette of Pakistan (Extraordinary), dated: 31 July 1994, pp. 683-688, s. 11. \r\n4Added by the Notification No. 125 -Gaz.-XI.-Y.-14, dated: 7 April 1932; issued b y the High Court of Judicature at Lahore; and, \r\nwas published in the Government Gazette Punjab and its Dependencies, Part-III, dated: 15 April 1932, pp. 532-533. \r\n5Substituted by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 \r\nApril 1972, pp. 526-583, s. 2 read with the Schedule. \r\nunder rule 97 and the opposite party, or between an applicant under rule 100 and \r\nthe opposite party, shall be adjudicated upon and determined by the Court, and \r\nno separate suit shall lie for the determination of any such matter.] \r\n1\r\n[104. For the purpose of all proceedings under this order service on any party shall \r\nbe deemed to be sufficient if effected at the address for service referred to in Order \r\nVIII, Rule 11,  subject to the provisions of Order VII, Rule 2 1 24 provided that this \r\nrule shall not apply to the notice prescribed by Rule 22 of this order.] \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 \r\nplaintiff or defendant 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 \r\nto sue survives .– Where there are more plaintiffs or defendants than one, and \r\nany of them dies, and where the right to sue survives to the surviving plaintiff or \r\nplaintiffs alone, or against the surviving defendant or defendants alone, the Court \r\nshall cause an entry to that effect to be made on the record, and the suit shall \r\nproceed at the instance of the surviving plaintiff or plaintiffs, or against the \r\nsurviving defendant or defendants. \r\n3. Procedure in case of death of one of several plaintiffs or of sole \r\nplaintiff.– (1) Where one of two or more plaintiffs dies and the right to sue does \r\nnot survive to the surviving plaintiff or  plaintiffs alone \r\n2\r\n[, or on receipt of an \r\nintimation of the death of such plaintiff from the person nominated by him for \r\nthat purpose under rule 26, Order VII], or a sole plaintiff or sole surviving plaintiff \r\ndies and the right to sue survives, the Court, on an application made in that \r\nbehalf, shall cause the legal representative of the deceased plaintiff to be made a \r\nparty and shall proceed with the suit. \r\n3\r\n[(2) Where within the time allowed by law no application is made or \r\nintimation is given under sub­rule (1), the Court may proceed with the suit, and \r\nany order made or judgment pronounced in such suit shall, notwithstanding the \r\ndeath of such plaintiff, have the same force and effect as if it had been made or \r\npronounced before the death took place.]  \r\n4. Procedure in case of death of one of several defendants or of sole \r\ndefendant.– (1) Where one of two or more defendants dies and the right to \r\nsue does not survive against the surviving defendant or defendants alone \r\n4\r\n[, or \r\non receipt of an intimation of the death of such defendant from the person \r\nnominated by him for that purpose under rule 13, Order VIII], or a sole \r\ndefendant or sole surviving defendant dies and the right to sue survives, the \r\n                                                \r\n1Inserted by the Notification No. 567-G, dated: 24 November 1927; issued by the High Court of Judicature at Lahore; and, was \r\npublished in the Government Gazette Punjab and its Dependencies, dated: 9 December 1927, Part-III, pp. 1588-1589. \r\n2Inserted by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 \r\nApril 1972, pp. 526-583, s. 2 read with the Schedule. \r\n3Substituted ibid. \r\n4Inserted ibid. \r\nCourt, on an application made in that behalf, shall cause the legal representative \r\nof the deceased defendant to be made a party and shall proceed with the suit. \r\n(2) Any person so made a party may make any defence appropriate \r\nto his character as legal representative of the deceased defendant. \r\n1\r\n[(3) When within the time limited by law no application is made or \r\nintimation is given under sub­rule (1), the Court may proceed with the suit, and any \r\norder made or judgment pronounced in such suit shall, notwithstanding the death \r\nof such defendant, have the same force and effect as if it had been pronounced \r\nbefore the death took place.] \r\n2\r\n[(4) It shall not be necessary to substitute the legal representatives of any \r\nsuch defendant who has failed to file a written statement or has failed to \r\nappear and contest the suit at the hearing; and judgment may in such case be \r\npronounced against the said defendant notwithstanding his death, and such \r\njudgment shall have the same force and effect as if had been pronounced before \r\nhis death took place.] \r\n5. Determination of question as to legal repr esentative.– Where a question \r\narises as to whether any person is or is not the legal representative of a \r\ndeceased plaintiff or a deceased defendant, such question shall be determined by \r\nthe Court. \r\n6. No abatement by reason of death after hearing .– Notwithstanding \r\nanything contained in the foregoing rules, whether the cause of action survives or \r\nnot, there shall be no abatement by reason of the death of either party between \r\nthe conclusion of the hearing and the pronouncing of the judgment, but judgment \r\nmay in such case be pronounced notwithstanding the death and shall have the \r\nsame force and 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 \r\nfemale plaintiff or defendant shall not cause the suit to abate, but the suit may \r\nnotwithstanding be proceeded with to judgment, and, where the decree is against \r\na 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 \r\ndecree may, with the permission of the Court, be executed against the husband \r\nalso; and, in case of judgment for the wife, execution of the decree may, with \r\nsuch permission, be issued upon the application of the husband, where the \r\nhusband 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 \r\nany suit which the assignee or receiver might maintain for the benefit of his \r\ncreditors, shall not cause the suit to abate, unless such assignee or receiver \r\ndeclines to continue the suit or (unless for any special reason the Court otherwise \r\ndirects) to give security for the costs thereof within such time as the Court may \r\ndirect. \r\n                                                \r\n1Substituted by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 \r\nApril 1972, pp. 526-583, s. 2 read with the Schedule. \r\n2Added ibid. \r\n (2) Procedure where assignee fails to continue suit or give \r\nsecurity.– Where the assignee or receiver neglects or refuses to continue the \r\nsuit and to give such security within the time so ordered, the defendant may apply \r\nfor the dismissal of the suit on the ground of the plaintiff's insolvency, and the Court \r\nmay make an order dismissing the suit and awarding to the defendant the costs \r\nwhich he has incurred in defending the same to be proved as a debt against the \r\nplaintiff's estate. \r\n1\r\n[9. Effect of dismissal .– (1) When a suit is dismissed under rule 8, no fresh \r\nsuit shall be brought on the same cause of action. \r\n (2) Any person claiming to be the legal representative of a deceased \r\nplaintiff or defendant or the assignee or the receiver in the case of an insolvent \r\nplaintiff may apply to the Court for setting aside any order made or judgment \r\npronounced by it in his absence; and if it is proved that he was prevented by any \r\nsufficient cause from continuing the suit or defending the suit, as the case may be, \r\nthe Court shall set aside the order or the judgment, upon such terms as to costs or \r\notherwise as it thinks fit.] \r\n2\r\n[(3) The provisions of section 5 of the Limitation Act, 1908 (IX of \r\n1908), shall apply to applications under sub­rule (2).] \r\n10. Procedure in case of assignment before final order in suit. – (1) In other \r\ncases of an assignment, creation or devolution of any interest during the \r\npendency of a suit, the suit may, by leave of the Court, be continued by or \r\nagainst the person to or upon whom such interest has come or devolved. \r\n (2) The attachment of a decree pending an appeal therefrom shall be \r\ndeemed to be an interest entitling the person who procured such attachment to \r\nthe benefit of sub­rule (1). \r\n11. Application of Order to appeals .– In the application of this Order to \r\nappeals, so far as may be, the word “plaintiff” shall be held to include an \r\nappellant, the word “defendant” a respondent, and the word “suit” an appeal. \r\n12. Application of Order to proceedings .– Nothing in rules 3, 4 and 8 shall \r\napply to proceedings in execution of a decree or order. \r\nORDER XXIII \r\nWithdrawal and Adjustment of Suits \r\n1. Withdrawal of suit or abandonment of part of claim .– (1) At any time \r\nafter the institution of a suit the plaintiff may, as against all or any of the \r\ndefendants, withdraw his suit or abandon part of his claim. \r\n (2) Where the Court is satisfied \r\n3\r\n[after recording reasons ]– \r\n                                                \r\n1Substituted by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 \r\nApril 1972, pp. 526-583, s. 2 read with the Schedule. \r\n2Added by the Code of  Civil Procedure (Amendment) Act, 1989 (IV of 1990); assented to by the President on 4 Ja nuary 1990; \r\nand, was published in the Gazette of Pakistan (Extraordinary), dated: 8 January 1990, pp. 5-6,  s. 2. \r\n3Inserted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and, was \r\npublished in the Punjab Weekly Gazette, Part-III, dated: 22 August 2018, pp. 270-286, r. 16: It came into force on 1 November \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 \r\ninstitute a fresh 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 permission to \r\nwithdraw from such suit or abandon such part of a claim with liberty to institute a \r\nfresh suit in respect of the subject­matter of such suit or such part of a claim. \r\n (3) Where the plaintiff withdraws from a suit, or abandons part of a \r\nclaim, without the permission referred to in sub­rule (2), he shall be liable for \r\nsuch costs as the Court may award and shall be precluded from instituting any \r\nfresh suit in respect of such subject­matter or such part of the claim. \r\n (4) Nothing in this rule shall be deemed to authorize the Court to permit \r\none of several plaintiffs to withdraw without the consent of the others. \r\n2. Limitation law not affected by first suit .– In any fresh suit instituted on \r\npermission granted under the last preceding rule, the plaintiff shall be bound by the \r\nlaw of limitation in the same manner as if the first suit had not been instituted. \r\n3. Compromise of suit .– Where it is proved to the satisfaction of the Court \r\nthat a suit has been adjusted wholly or in part by any lawful agreement or \r\ncompromise, or where the defendant satisfies the plaintiff in respect of the whole or \r\nany part of the subject­matter of the suit, the Court shall order such agreement, \r\ncompromise or satisfaction to be recorded, and shall pass a decree in accordance \r\ntherewith so far as it relates to the suit. \r\n1\r\n[Provided that the hearing of a suit shall proceed and no adjournment shall \r\nbe granted in it for the purpose s of deciding whether there has been any \r\nadjustment or satisfaction, unless the Court for reason s to be recorded in writing \r\nthinks fit to grant such adjournment, and provided further that the judgment in the \r\nsuit shall not be announced until the question of adjustment or satisfaction has \r\nbeen decided: \r\nProvided further that when an application is made  by all the parties to the \r\nsuit, either in writing or in open Court through their counsel that they wish to \r\ncompromise the suit, the Court may fix a date on which the parties or their counsel \r\nshould appear and the compromise be recorded but shall proceed t o hear those \r\nwitnesses in the suit who are already in attendance, unless for any other reason to \r\nbe recorded in writing, it considers it impossible or undesirable to do so. If upon the \r\ndate fixed no compromise has been recorded, no further adjournment shal l be \r\ngranted for this purpose, unless the Court, for reasons to be recorded in writing, \r\nconsiders it highly probable that the suit will be compromised on or before the date \r\nto which the Court proposes to adjourn the hearing.]  \r\n4. Proceedings in execution of  decrees not affected .– Nothing in this Order \r\nshall apply to any proceedings in execution of a decree or order. \r\n                                                                                                                                                  \r\n2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, Part -III, \r\ndated: 28 October 2020, p. 225. \r\n1Added by the Notification issued by the High Court Lahore vide Notification No. 211-R/XI-Y-22, dated: 21 July 1937. \r\nORDER XXIV \r\nPayment into Court \r\n1. Deposit by defendant of amount in satisfaction of claim .– The \r\ndefendant in any suit to recover a debt or damages may, at any stage of the suit, \r\ndeposit in Court such sum of money as he considers a satisfaction in full of the \r\nclaim. \r\n2. Notice of deposit .– Notice of the deposit shall be given through the Court \r\nby the defendant to the plaintiff, and the amount of the deposit shall (unless the \r\nCourt otherwise directs) be paid to the plaintiff on his application. \r\n3. Interest on deposit not allowed to plaintiff after notice .– No interest shall \r\nbe allowed to the plaintiff on any sum deposited by the defendant from the date \r\nof the receipt of such notice, whether the sum deposited is in full of the claim or \r\nfalls short thereof. \r\n4. Procedure where plaintiff accepts deposit as satisfaction in part .– (1) \r\nWhere the plaintiff accepts such amount as satisfaction in part only of his claim, he \r\nmay prosecute his suit for the balance; and, if the Court decides that the deposit by \r\nthe defendant was a full satisfaction of the plaintiff's claim, the plaintiff shall pay the \r\ncosts of the suit incurred after the deposit and the costs incurred previous thereto, \r\nso 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 \r\nplaintiff accepts such amount as satisfaction in full of his claim, he shall present \r\nto the Court a statement to that effect, and such statement shall be filed and the \r\nCourt shall pronounce judgment accordingly; and, in directing by whom the costs \r\nof each party are to be paid, the Court shall consider which of the parties is \r\nmost to blame for the litigation. \r\nIllustrations \r\n(a) A owes B Rs.100. B sues A for the amount, having made no \r\ndemand for payment and having no reason to believe that the delay caused by \r\nmaking a demand would place him at a disadvantage. On the plaint being filed, A \r\npays the money into Court. B accepts it in full satisfaction of his claim, but the \r\nCourt 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 \r\nthe plaint being filed, A disputes the claim. Afterwards A pays the money into Court. \r\nB accepts it in full satisfaction of his claim. The Court should also give B his costs \r\nof suit, A's conduct having shown that the litigation was necessary. \r\n(c) A owes B Rs. 100, and is willing to pay him that sum without suit. B \r\nclaims Rs.150 and sues A for that amount. On the plaint being filed A pays Rs.100 \r\ninto Court and disputes only his liability to pay the remaining Rs. 50. B accepts the \r\nRs. 100 in full satisfaction of his claim. The Court should order him to pay A's costs. \r\nORDER XXV \r\nSecurity for Costs \r\n1. When security for costs may be required from p laintiff.– (1) Where, at \r\nany stage of a suit, it appears to the Court that a sole plaintiff is, or (when there \r\nare more plaintiffs than one) that all the plaintiffs are residing out of \r\n1\r\n[Pakistan], \r\nand that such plaintiff does not, or that no one of such plaintiff does, possess any \r\nsufficient immoveable property within \r\n2\r\n[Pakistan] other than the property in suit, \r\nthe Court may, either of its own motion or on the application of any defendant, \r\norder the plaintiff or plaintiffs, within a time fixed by it, to give security for the \r\npayment of all costs incurred and likely to be incurred by any defendant. \r\n (2) Residence out of  \r\n3\r\n[Pakistan].– Whoever leaves \r\n4\r\n[Pakistan] under \r\nsuch circumstances as to afford reasonable probability that he will not be \r\nforthcoming whenever he may be called upon to pay costs shall be deemed to be \r\nresiding out of \r\n5\r\n[Pakistan] within the meaning of sub­rule (1). \r\n (3) On the application of any defendant in a suit for the payment of \r\nmoney, in which the plaintiff is a woman, the Court may at any stage of the suit \r\nmake a like order if it is satisfied that such plaintiff does not possess any sufficient \r\nimmoveable property within \r\n6\r\n[Pakistan]. \r\n2. Effect of failure to furnish security .– (1) In the event of such security \r\nnot being furnished within the time fixed, the Court shall make an order dismissing \r\nthe suit unless the plaintiff or plaintiffs are permitted to withdraw therefrom. \r\n (2) Where a suit is dismissed under this rule, the plaintiff may apply \r\nfor an order to set the dismissal aside, and, if it is proved to the satisfaction \r\nof the Court that he was prevented by any sufficient cause from furnishing the \r\nsecurity within the time allowed, the Court shall set aside the dismissal upon \r\nsuch terms as to security, costs or otherwise as it thinks fit, and shall appoint a \r\nday for proceeding with the suit. \r\n (3) The dismissal shall not be set aside unless notice of such \r\napplication has been served on the defendant. \r\nORDER XXVI \r\nCommissions \r\nCommissions to examine witnesses \r\n1. Cases in which Court may issue com mission to examine witness .– Any \r\nCourt may in any suit issue a commission for the examination on interrogatories \r\n                                                \r\n1Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance, \r\n1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan \r\n(Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. \r\nThey were earlier substit uted for the words “British India” by  the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith Article 4. \r\n2Ibid. \r\n3Ibid. \r\n4Ibid.  \r\n5Ibid. \r\n6Ibid. \r\nor otherwise of any person resident within the local limits of its jurisdiction who is \r\nexempted under this Code from attending the Court or who is from sickness or \r\ninfirmity unable to attend it. \r\n2. Order for commission .– An order for the issue of a commission for the \r\nexamination of a witness may be made by the Court either of its own motion or \r\non the application, supported by affidavit or otherwise, of any party to the suit or \r\nof the witness to be examined. \r\n3. Where witness resides within Court ‟s jurisdiction .– A commission for \r\nthe examination of a person who resides within the local limits of the jurisdiction \r\nof the Court issuing the same may be issued to any person whom the Court \r\nthinks fit to execute it. \r\n4. Persons for whose examination commission may issue .– (1) Any Court \r\nmay in any suit issue 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 \r\nwhich he is required to be examined in Court; and \r\n(c) \r\n1\r\n[any person in the service of the \r\n2\r\n[State] ] who cannot, in the opinion \r\nof the Court, attend without detriment to the public service. \r\n (2) Such commission may be issued to any Court, not being a High \r\nCourt, within the local limits of whose jurisdiction such person resides, or to any \r\npleader or other person whom the Court issuing the commission may appoint. \r\n (3) The Court on issuing any commission under this rule shall direct \r\nwhether the commission shall be returned to itself or to any subordinate Court. \r\n5. Commission or request to examine witness not within  \r\n3\r\n[Pakistan].– \r\nWhere any Court to which application is made for the issue of a commission for \r\nthe examination of a person residing at any place not within \r\n4\r\n[Pakistan] is satisfied \r\nthat the evidence of such person is necessary, the Court may issue such \r\ncommission or a letter of request. \r\n6. Court to examine witness pursuant to commiss ion.– Every Court \r\nreceiving a commission for the examination of any person shall examine him or \r\ncause him to be examined pursuant thereto. \r\n                                                \r\n1Substituted for the words “any civil or military officer of the Government”  by the Government of India (Adaptation of Indian \r\nLaws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the \r\nFirst Schedule. \r\n2Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 Jan uary 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it \r\ncame into force on 23 March 1956. \r\n3Substituted for the words “the Provinces and the Capital of the Federatio n\" by the Central Laws (Statute Reform) Ordinance, \r\n1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan \r\n(Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. \r\nThey were earlier substituted for the words “British India” by  the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith Article 4. \r\n4Ibid. \r\n7. Return of commission with depositions of witnesses .– Where a \r\ncommission has been duly executed, it shall be returned, together with the \r\nevidence taken under it, to the Court from which it was issued, unless the order \r\nfor 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 \r\nreturn thereto and the evidence taken under it shall (subject to the provisions of \r\nthe next following rule) form part of the record of the suit. \r\n8. When depositions may be read in evidence .– Evidence taken under a \r\ncommission shall not be read as evidence in the suit without the consent of \r\nthe party against whom the same is offered, unless– \r\n(a) the person who gave the evidence is beyond the jurisdiction of the \r\nCourt, or dead or unable from sickness or infirmity to attend to be \r\npersonally examined, or exempted from personal appearance in \r\nCourt, or is a \r\n1\r\n[any person in the service of the \r\n2\r\n[State] ] who cannot, \r\nin the opinion of the Court, attend without detriment to the public \r\nservice, or \r\n(b) the Court in its discretion dispenses with the proof of any of the \r\ncircumstances mentioned in clause (a), and authorizes the evidence \r\nof any person being read as evidence in the suit, notwithstanding \r\nproof that the cause for taking such evidence by commission has \r\nceased 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 \r\nCourt deems a local investigation to be requisite or proper for the purpose of \r\nelucidating any matter in dispute, or of ascertaining the market- value of any \r\nproperty, or the amount of any mesne profits or damages or annual net profits, \r\nthe Court may issue a commission to such person as it thinks fit directing him to \r\nmake such investigation and to report thereon to the Court: \r\nProvided that, where the \r\n3\r\n[Provincial Government] has made rules as to \r\nthe persons to whom such commission shall be issued, the Court shall be bound \r\nby such rules. \r\n10. Procedure of Commissioner .– (1) The Commissioner, after such local \r\ninspection as he deems necessary and after reducing to writing the evidence taken \r\nby him, shall return such evidence, together with his report in writing signed by him \r\nto the Court. \r\n                                                \r\n1Substituted for the words “any civil or military officer of the Government” by the Government of India (Adaptation of Indian \r\nLaws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 Apr il 1937, pp. 75 -344, Article 3 read with the \r\nFirst Schedule.  \r\n2Substituted  for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrang ements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it \r\ncame into force on 23 March 1956. \r\n3Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n (2) Report and depositions to be evidence in suit. –Commissioner \r\nmay be examined in person .– The report of the Commissioner and the evidence \r\ntaken by him (but not the evidence without the report) shall be evidence in the suit \r\nand shall form part of the record; but the Court or, with the permission of the Court, \r\nany of the parties to the suit, may examine the Commissioner personally in open \r\nCourt 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 \r\nthe Commissioner, it may direct such further inquiry to be made as it shall think fit. \r\nCommissions to examine accounts \r\n11. Commission to examine or adjust accounts .– In any suit in which an \r\nexamination or adjustment of accounts is necessary, the Court may issue a \r\ncommission to such person as it thinks fit directing him to make such examination \r\nor adjustment. \r\n12. Court to give Commissioner necessary instructions .– (1) The Court \r\nshall furnish the Commissioner with such part of the proceedings and such \r\ninstructions as appear necessary, and the instructions shall distinctly specify \r\nwhether the Commissioner is merely to transmit the proceedings which he may \r\nhold on the inquiry, or also to report his own opinion on the point referred for \r\nhis examination. \r\n (2) Proceedings and report to be evide nce. Court may direct further \r\ninquiry.– The proceedings and report (if any) of the Commissioner shall be \r\nevidence in the suit, but where the Court has reason to be dissatisfied with them, it \r\nmay direct such further inquiry as it shall think fit. \r\nCommissions to make partitions \r\n13. Commission to make partition of immoveable property .– Where a \r\npreliminary decree for partition has been passed, the Court may, in any case \r\nnot provided for by section 54, issue a commission to such person as it thinks \r\nfit to make the partition or separation according to the rights as declared in such \r\ndecree. \r\n14. Procedure of Commissioner .– (1) The Commissioner shall, after such \r\ninquiry as may be necessary, divide the property into as many shares as may \r\nbe directed by the order under which the commission was issued, and shall allot \r\nsuch shares to the parties, and may, if authorized thereto by the said order, award \r\nsum 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 \r\nCommissioners (where the commission was issued to more than one person and \r\nthey cannot agree) shall prepare and sign separate reports appointing the share \r\nof each party and distinguishing each share (if so directed by the said order) by \r\nmetes and bounds. Such report or reports shall be annexed to the commission and \r\ntransmitted to the Court; and the Court, after hearing any objections which the \r\nparties may make to the report or reports, shall confirm, vary or set aside the \r\nsame. \r\n (3) Where the Court confirms or varies the report or reports it shall \r\npass a decree in accordance with the same as confirmed or varied; but where the \r\nCourt sets aside the report or reports it shall either issue a new commission or \r\nmake such other order as it shall think fit. \r\nGeneral provisions \r\n15. Expenses of Commission to be paid into Court .– Before issuing any \r\ncommission under this Order, the Court may order such sum (if any) as it \r\nthinks reasonable for the expenses of the commission to be, within a time to \r\nbe fixed, paid into Court by the party at whose instance or for whose benefit the \r\ncommission is issued. \r\n16. Powers of Commissioners .– Any commissioner appointed under this \r\nOrder may, unless otherwise directed by the order of appointment,– \r\n(a) examine the parties themselves and any witness whom they or any \r\nof them may produce, and any other person whom the \r\nCommissioner thinks proper to call upon to give evidence in the \r\nmatter referred to him; \r\n(b) call for and examine documents and other things relevant to the \r\nsubject of inquiry; \r\n(c) at any reasonable time enter upon or into any land or building \r\nmentioned in the order. \r\n17. Attendance and examination of witnesses before Commissioner .– (1) \r\nThe provisions of this Code  relating to the summoning, attendance and \r\nexamination of witnesses, and to the remuneration of, and penalties to be \r\nimposed upon, witnesses, shall apply to persons required to give evidence or to \r\nproduce documents under this Order whether the commission in execution of \r\nwhich they are so required has been issued by a Court situate within or by a \r\nCourt situate beyond the limits of \r\n1\r\n[Pakistan], and for the purposes of this rule the \r\nCommissioner shall be deemed to be a Civil Court. \r\n (2) A Commissioner may apply to any Court (not being a High Court) \r\nwithin the local limits of whose jurisdiction a witness resides for the issue of any \r\nprocess which he may find it necessary to issue to or against such witness, and \r\nsuch Court may, in its discretion, issue such process as it considers reasonable \r\nand proper. \r\n18. Parties to appear before Commissioner. – (1) Where a commission is \r\nissued under this Order, the Court shall direct that the parties to the suit shall \r\nappear before the Commissioner in person or by their agents or pleaders. \r\n (2) Where all or any of the parties do not so appear, the \r\nCommissioner may proceed in their absence. \r\n                                                \r\n1Substituted for the words “the Provinces and the Capital of the  Federation” by the Central Laws (Statute Reform) Ordinance, \r\n1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan \r\n(Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule : it came into force on 14 October 1955. \r\nThey were earlier substituted for the words “British India” by  the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith Article 4. \r\n1\r\n[Commissions issued at the instance of Foreign Tribunals] \r\n19. Cases in which High Court may issue commission to examine \r\nwitness.– (1) If a High Court is a satisfied– \r\n(a) that a foreign court situated in a foreign country wishes to obtain the \r\nevidence of 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 \r\nappellate jurisdiction,  \r\nit may, subject to the provisions of rule 20, issue a commission for the \r\nexamination of such witness. \r\n (2) Evidence may be given of the matters specified in clauses (a), (b) and \r\n(c) of sub­rule (1)– \r\n(a) by a certificate signed by the consular officer of the foreign country \r\nof the highest rank in \r\n2\r\n[Pakistan] and transmitted to the High Court \r\nthrough the \r\n3\r\n[Federal Government], or \r\n(b) by a letter of request issued by the foreign court and transmitted to \r\nthe High Court through the \r\n4\r\n[Federal Government], or \r\n(c) by a letter of request issued by the foreign court and produced \r\nbefore the High Court by a party to the proceeding. \r\n20. Application for commission .– The High Court may issue a commission \r\nunder rule 19– \r\n(a) upon application by a party to the proceeding before the foreign court, \r\nor \r\n(b) upon an application by a law officer of the \r\n5\r\n[Provincial \r\nGovernment] acting under instructions from the \r\n6\r\n[Provincial \r\nGovernment]. \r\n21. To whom commissions may be issued .– A commission under rule 19 \r\nmay be issued to any court within the local limits of whose jurisdiction the \r\nwitness resides, or, where \r\n7\r\n[ * * * * * * * * * * * * * * * * * * * * * * * * ] the witness \r\n                                                \r\n1The Heading and the Rules 19 to 22 were inserted by the Code of Civil Procedure (Amendment) Act, 1932 (X of 1932), \r\npublished in the Gazette of India, dated: 16 April 1932, p. 22, s. 3. \r\n2Substituted for th e word “India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n3Substituted for the words “Centr al Government” by the Federal Adaptation of Laws Order 1975 (P. O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of \r\nGeneral Adaptations. They were earlier substituted for the words  “Governor General  in Council” by the Government of India \r\n(Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, \r\nArticle 4 read with the Table of General Adaptations. \r\n4Ibid. \r\n5Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n6Ibid. \r\n7The expression “the High Court is established under the Indian High Courts Act, 1861, or the Government of India Act, 1915, \r\nand” was omitted ibid. \r\nresides within the local limits of \r\n1\r\n[the ordinary original civil jurisdiction of the High \r\nCourt], to any person whom the Court thinks fit to execute the commission. \r\n22. Issue, execution and return of commissions and transmission of \r\nevidence to foreign Court .– The provisions of rules 6, 15, 16, 17 and 18 of this \r\nOrder in so far as they are applicable shall apply to the issue, execution and \r\nreturn of such commissions, and when any such commission has been duly \r\nexecuted it shall be returned, together with the evidence taken under it, to the \r\nHigh Court, which shall forward it to the \r\n2\r\n[Federal Government] along with the letter \r\nof request for transmission to the foreign court.] \r\nORDER XXVII \r\nSuits by or against \r\n3\r\n[the \r\n4\r\n[Government] ] or Public Officers in \r\ntheir official capacity \r\n1. Suits by or against Government .– In any suit by or against 5\r\n[the \r\n6\r\n[Government] ], the plaint or written statement shall be signed by such person \r\nas \r\n7\r\n[the \r\n8\r\n[Government] ] may, by general or special order, appoint in this behalf, \r\nand shall be verified by any person whom \r\n9\r\n[the \r\n10\r\n[Government] ] may so appoint \r\nand who is acquainted with the facts of the case. \r\n                                                \r\n1Substituted for the words  “its ordinary original civil jurisdiction” by the Government of India (Ada ptation of Indian Laws) Order, \r\n1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General \r\nAdaptations. \r\n2Substituted for the words “Central Government” by the Federal Adaptation of Laws  Order 1975 (P. O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of \r\nGeneral Adaptations. They were earlier substituted for the words “Governor General in Council” by t he Government of India \r\n(Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, \r\nArticle 4 read with the Table of General Adaptations. \r\n3Substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in \r\nthe Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n4Substituted for the word “Crown” by the Central Laws (Adaption) Order, 19 61 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Table: it \r\ncame into force on 23 March 1956. \r\n5The words “the Secretary of State for India in Council” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n6Substituted  for  the  word “Crown”  by  the  Central  Laws  (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Ministe r \r\nexercising the functions of President under Article 2 of the Stat e Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Table: it \r\ncame into force on 23 March 1956. \r\n7Substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in \r\nthe Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n8Substituted for the word “Crown” by the Central Laws (Adapti on) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961 , pp. 102 -163, Article 2 read with the Table: it \r\ncame into force on 23 March 1956. \r\n9Substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in \r\nthe Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n10Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrang ements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Table: it \r\ncame into force on 23 March 1956. \r\n2. Persons authorized to act for Government .– Persons being ex officio or \r\notherwise authorized to act for \r\n1\r\n[the \r\n2\r\n[Government] ]  in respect of any judicial \r\nproceeding shall be deemed to be the recognized agents by whom appearances, \r\nacts and applications under this Code may be made or done on behalf of \r\n3\r\n[the \r\n4\r\n[Government] ]. \r\n3. Plaints in suits by or against Government .– In suits by or \r\n5\r\n[against the \r\n6\r\n[Government] ],  instead of inserting in the plaint the name and description and \r\nplace of residence of the plaintiff or defendant, it shall be sufficient to insert \r\n7\r\n[the \r\nappropriate name as provided in section 79, \r\n8\r\n[* * * * * * * * * * * * * * * * * * * *] ]  \r\n9\r\n[4. Agent  for  Government to receive process .– The \r\n10\r\n[Government] pleader \r\nin any court shall be the agent of the \r\n11\r\n[Government] for the purpose of \r\nreceiving processes against the \r\n12\r\n[Government] issued by such Court.] \r\n5. Fixing of day for appearance on behalf of Government .– The Court, in \r\nfixing the day for \r\n13\r\n[the \r\n14\r\n[Government] ]  to answer to the plaint, shall allow a \r\n                                                \r\n1Substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in \r\nthe Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n2Substituted for the word “Crown” by the Central Laws (Adaption) Orde r, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 10 2-163, Article 2 read with the Table: it \r\ncame into force on 23 March 1956. \r\n3Substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in \r\nthe Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n4Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements O rder, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Table: it \r\ncame into force on 23 March 1956. \r\n5Substituted for the words “against the Secretary of State for India in Council” by the Government of India (Adaptation of Indian \r\nLaws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the \r\nFirst Schedule. \r\n6Substituted for the word “Crown” by the  Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), d ated: 24 January 1961, pp. 102 -163, Article 2 read with the Table: it \r\ncame into force on 23 March 1956. \r\n7Substituted for the words “The Secretary of State for India in Council” by the Government of India (Adaptation of Indian Laws) \r\nOrder, 1937, published i n the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the First \r\nSchedule. \r\n8The expression “or, if the suit is against the Secretary of State, the words „the Secretary of State‟ ” was omitted by the \r\nAdaptation of Centr al Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n9Substituted by the Government of India (Adaptation of Indian Laws) Order,  1937, published in the Gazette of India \r\n(Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n10Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Table: it \r\ncame into force on 23 March 1956. \r\n11Ibid. \r\n12Ibid. \r\n13Substituted for the words “the Secretary of State for India in Council” by the Government of India (Adaptation of Indian Laws) \r\nOrder, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the First \r\nSchedule. \r\n14Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on  21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Table: it \r\ncame into force on 23 March 1956. \r\nreasonable time for the necessary communication \r\n1\r\n[with the \r\n2\r\n[Government] ]  \r\nthrough the proper channel, and for the issue of instructions to the \r\n3\r\n[ \r\n4\r\n[ \r\nGovernment] pleader] to appear and answer on behalf of \r\n5\r\n[the \r\n6\r\n[Government] ] \r\n7\r\n[ * * *], and may extend the time at its discretion. \r\n6. Attendance of person able to answer questions relating to suit against \r\nGovernment.– The Court may also, in any case in which the \r\n8\r\n[ \r\n9\r\n[ Government] \r\npleader] is not accompanied by any person on the part of \r\n10\r\n[the \r\n11\r\n[Government] ], \r\nwho may be able to answer any material questions relating to the suit, direct the \r\nattendance of such a person. \r\n7. Extension of time to enable public officer to make reference to \r\nGovernment.– (1) Where the defendant is a public officer and, on receiving \r\nthe summons, considers it proper to make a reference to \r\n12\r\n[the \r\n13\r\n[Government] \r\n] before answering the plaint, he may apply to the Court to grant such extension \r\nof the time fixed in the summons as may be necessary to enable him to make \r\nsuch reference and to receive orders thereon through the proper channel. \r\n                                                \r\n1Substituted for the words “with the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n2Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No . 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2  read with the Table: it \r\ncame into force on 23 March 1956. \r\n3Substituted for the words “Government pleader” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n4Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 o n 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Table: it \r\ncame into force on 23 March 1956. \r\n5Substituted for the words “the said Secretary of State for India in Council\" by the Government of India (Adaptation of Indian \r\nLaws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the \r\nFirst Schedule. \r\n6Substituted for the word “Crown” by the Central Laws ( Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 Januar y 1961, pp. 102 -163, Article 2 read with the Table: it \r\ncame into force on 23 March 1956. \r\n7The words “or the Government” were omitted  by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of \r\n1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223 -283, Article 3 read with the \r\nSchedule. \r\n8Substituted for the words “Government pleader” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n9Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State  Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Table: it \r\ncame into force on 23 March 1956. \r\n10Substituted for the words “the Secretary of State for India in Council\" by the Government of India (Adaptation of Indian Laws) \r\nOrder, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the First \r\nSchedule. \r\n11Substituted for the word “Crown”  by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordin ary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Table: it \r\ncame into force on 23 March 1956. \r\n12Substituted for the words “the Government\" by the Government of India (Adaptation of Indian Laws) Order, 1937, published in \r\nthe Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n13Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under A rticle 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Table: it \r\ncame into force on 23 March 1956. \r\n (2) Upon such application the Court shall extend the time for so long \r\nas appears to it to be necessary. \r\n8. Procedure in suits against public officer .– (1) Where \r\n1\r\n[the \r\n2\r\n[Government] ] undertakes the defence of a suit against a public officer, \r\n3\r\n[the \r\n4\r\n[Government] pleader], upon being furnished with authority to appear and \r\nanswer 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 \r\n5\r\n[the \r\n6\r\n[Government] pleader] on or before the day fixed in the notice for the defendant \r\nto appear and answer, the case shall proceed as in a suit between private \r\nparties: \r\nProvided that the defendant shall not be liable to arrest, nor his property to \r\nattachment, otherwise than in execution of a decree. \r\n7\r\n[8A. No security to be required from Government or a public officer in \r\ncertain cases.– No such security as is mentioned in rules 5 and  6  of  Order  XLI  \r\nshall  be  required  from  the \r\n8\r\n[Government] or, where the \r\n9\r\n[Government] has \r\nundertaken the defence of the suit, from any public officer sued in respect of an \r\nact alleged to be done by him in his official capacity. \r\n8B. Definitions of “Government” and “Government pleader ”.– In this Order \r\n“\r\n10\r\n[Government]” and “\r\n11\r\n[Government] pleader” means respectively– \r\n                                                \r\n1Substituted for the words “the Government\" by the Government of India (Adaptation of Indian Laws) Order, 1937, published in \r\nthe Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n2Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), da ted: 24 January 1961, pp. 102 -163, Article 2 read with the Table: it \r\ncame into force on 23 March 1956. \r\n3Substituted for the words “the Government pleader” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n4Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under A rticle 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Table: it \r\ncame into force on 23 March 1956. \r\n5Substituted for the words “the Government pleader” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n6Substituted for the word “Crown”  by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordin ary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Table: it \r\ncame into force on 23 March 1956. \r\n7Inserted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India \r\n(Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n8Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order,  1959  on  21 January  1961;  and,  was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Table: it \r\ncame into force on 23 March 1956. \r\n9Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Table: it \r\ncame into force on 23 March 1956. \r\n10Ibid. \r\n11Ibid. \r\n(a) in relation to any suit by or against \r\n1\r\n[* * * * * ] the \r\n2\r\n[Federal \r\nGovernment], or against a public officer in the service of that \r\nGovernment, the \r\n3\r\n[Federal Government] and such pleader as that \r\nGovernment may appoint whether generally or specially for the \r\npurposes of this Order; \r\n4\r\n[(b) * * * * * * * * * * * * * * * * * * * * *   ] \r\n(c) in relation to any suit by, or against a Provincial Government or \r\nagainst a public officer in the service of a Province, the Provincial \r\nGovernment and the Government pleader, or such other pleader as \r\nthe Provincial Government may appoint, whether generally or \r\nspecially, for the purposes of this Order.] \r\n5\r\n[ORDER XXVIIA \r\nSUITS INVOLVING \r\n6\r\n[ANY SUBSTANTIAL QUESTION AS TO THE \r\nINTERPRETATION OF CONSTITIONAL LAW] \r\n1. Notice to the A dvocate General .– In any suit in which it appears to the \r\nCourt that \r\n7\r\n[any substantial question as to the interpretation of constitutional \r\nlaw] is involved, the Court shall not proceed to determine that question until after \r\nnotice has been given to the \r\n8\r\n[Attorney General for Pakistan] if the question of law \r\n                                                \r\n1The words “the Secretary of State or” were omitted  by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. \r\nNo. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the \r\nSchedule. \r\n2Substituted for the words “Central Government” by the Federal Adaptation of Laws Order 1975 (P. O. No. 4 of 1975), \r\npublished in the Gazette o f Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of \r\nGeneral Adaptations.  \r\n3Ibid. \r\n4Omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of \r\nPakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n5Inserted by the Code of Civil Procedure (Amendment) Act, 1942 (XXIII of 1942), published in the Gazette of India, dated: 1 \r\nOctober 1942, s. 2. \r\n6Substituted for the words  “ANY SUCH QUESTION AS IS REFERRED TO IN SUB­SECTION (1) OF SECTION 205 OF THE \r\nGOVERNMENT OF INDIA ACT, 1935” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the  State Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it \r\ncame into force on 23 March 1956. It was earlier substituted for the words “A SUBSTANTIAL QUESTION OF LAW AS TO THE \r\nINTERPRETATION OF THE GOVERNMENT OF INDIA ACT, 1935, OR ANY ORDER IN COUNCIL MADE THEREUNDER” by \r\nthe Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n7Substituted for the words “any such question as is referred to in sub­section (1) of section 205 of the Government of India Act, \r\n1935” by the Central Laws (Adap tion) Order, 1961 (P.O. No. 1 of 1961); made by the Minister exercising the functions of \r\nPresident under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was published in the Gazette of \r\nPakistan (Extraordinary), dated: 24 January 19 61, pp. 102 -163, Article 2 read with the Schedule: it came into force on 23 \r\nMarch 1956. It was earlier substituted for the words “a substantial question of law as to the interpretation of the Government of \r\nIndia Act, 1935, or any Order in Council made ther eunder” by the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith the Schedule. \r\n8Substituted for the words “Advocate -General of Pakistan” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); \r\nmade by the Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 \r\nJanuary 1961; and, was published in the Gazette of Pak istan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 \r\nread with the Schedule: it came into force on 23 March 1956.  It was earlier substituted for the words “Advocate­General of \r\nIndia” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of \r\nPakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\nconcerns the \r\n1\r\n[Federal Government] and to the Advocate­General of the Province \r\nif the question of law concerns a Provincial Government. \r\n2. Court may add Government as party .– The Court may at any stage of \r\nthe proceedings order that the \r\n2\r\n[Federal Government] or a Provincial Government \r\nshall be added as a defendant in any suit involving \r\n3\r\n[any substantial question \r\nas to the interpretation of constitutional law] if the \r\n4\r\n[Attorney General for \r\nPakistan] or the Advocate­General of the Province as the case may be, whether \r\nupon receipt of notice under rule 1, or otherwise, applies for such addition and \r\nthe Court is satisfied that such addition is necessary or desirable for the \r\nsatisfactory determination of the question of law involved. \r\n3. Costs when Government added as party .– Where under rule 2 \r\nGovernment is added as a defendant in a suit \r\n5\r\n[the Attorney General,] or  the \r\nGovernment shall not be entitled to or liable for costs in the Court which ordered \r\nthe addition unless the Court having regard to all the circumstances of the case for \r\nany special reason otherwise orders. \r\n4. Application of Order to appeals .– In the application of this Order to \r\nappeals the word „defendant‟ shall be held to include a respondent and the word \r\n„suit‟ an appeal.] \r\nORDER XXVIII \r\nSuits by or against Military \r\n6\r\n[or Naval] Men \r\n7\r\n[or Airmen] \r\n1. Officers \r\n8\r\n[soldiers \r\n9\r\n[, sailors] or airmen] who cannot obtain leave may \r\nauthorize   any   person  to  sue  or  defend  for  them.– (1)  Where  any   officer \r\n                                                \r\n1Substituted for the words “Central Government” by the Federal Adaptation of Laws Order 1975 (IV of 1975 ), published in the \r\nGazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General Adaptations.  \r\n2Ibid. \r\n3Substituted for the words “any such question as is referred to in sub­section (1) of section 205 of t he Government of India Act, \r\n1935” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister exercising the functions of \r\nPresident under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was published in th e Gazette of \r\nPakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it came into force on 23 \r\nMarch 1956. It was earlier substituted for the words “a substantial question of law as to the interpretation of the Gover nment of \r\nIndia Act, 1935, or any Order in Council made thereunder” by the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith the Schedule. \r\n4Substituted for the words “Advocate -General of Pakistan” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); \r\nmade by the Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 o n 21 \r\nJanuary 1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 \r\nread with the Schedule: it came into force on 23 March 1956. It was earlier  substituted for the words “Advocate­General of  \r\nIndia” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of \r\nPakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n5Inserted by the Central Laws (Adaption) Or der, 1961 (P.O. No. 1 of 1961); made by the Minister exercising the functions of \r\nPresident under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was published in the Gazette of \r\nPakistan (Extraordinary), dated: 24 January 1961, pp. 102-163, Article 2 read with the Schedule: it came into force on 23 \r\nMarch 1956. \r\n6Inserted by the Amending Act, 1934 (XXXV of 1934), published in the Gazette of India, dated: 15 September 1934, pp. 181 -\r\n183, s. 2 read with the Schedule. \r\n7Inserted by the Repe aling and Amending Act, 1927 (X of 1927),  published in the Gazette of India, s. 2 read with the First \r\nSchedule. \r\n8Substituted ibid., for the  words “or soldier” . \r\n9Inserted by the Amending Act, 1934 (XXXV of 1934), published in the Gazette of India, dated:  15 September 1934, pp. 181 -\r\n183, s. 2 read with the Schedule. \r\n1\r\n[soldier \r\n2\r\n[, sailor] or airman] actually \r\n3\r\n[in the service of the State] in \r\n4\r\n[such] \r\ncapacity is a party to a suit, and cannot obtain leave of absence for the purpose \r\nof prosecuting or defending the suit in person, he may authorize any person to sue \r\nor defend in his stead. \r\n (2) The authority shall be in writing and shall be signed by the officer \r\n5\r\n[soldier \r\n6\r\n[, sailor] or airman], in the presence of (a) his commanding officer, or \r\nthe next subordinate officer, if the party is himself the commanding officer, or (b) \r\nwhere the officer \r\n7\r\n[soldier \r\n8\r\n[, sailor] or airman] is serving in military \r\n9\r\n[,naval] \r\n10\r\n[or \r\nair- 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 \r\nauthority, which shall be filed in Court. \r\n (3) When so filed the countersignature shall be sufficient proof that \r\nthe authority was duly executed, and that the officer \r\n11\r\n[soldier \r\n12\r\n[, sailor] or \r\nairman] by whom it was granted could not obtain leave of absence for the \r\npurpose of prosecuting or defending the suit in person. \r\nExplanation.– In this Order the expression “commanding officer” means the \r\nofficer in actual command for the time being of any regiment, corps, \r\n13\r\n[ship,] \r\ndetachment or depot to which the officer \r\n14\r\n[soldier \r\n15\r\n[, sailor] or airman] belongs. \r\n                                                \r\n1Substituted for the  words “or soldier” by the Repealing and Amending Act, 1927 (X of 1927),  published in the Gazette of \r\nIndia, s. 2 read with the First Schedule. \r\n2Inserted by the Amending Act, 1934 (XXXV of 1934), published in the Gazette of India, dated: 15 September 1934, pp. 181 -\r\n183, s. 2 read with the Schedule. \r\n3Substituted for the words “serving under the Crown” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made \r\nby the Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January \r\n1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with \r\nthe Schedule: it came into force on 23 March 1956 . They were earlier substituted for the words “serving the Government”   by \r\nthe Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 \r\nApril 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n4Substituted for the words “a military [or air -force]” by the Amending Act, 1934 (XXXV of 1934), published in the Gazette of \r\nIndia, dated: 15 September 1934, pp. 181 -183, s. 2 read with the Schedule. The words in crotches were inserted  by the \r\nRepealing and Amending Act, 1927 (X of 1927),  published in the Gazette of India, s. 2 read with the First Schedule. \r\n5Substituted for the  words “or soldier” by the Repealing and Amending Act, 1927 (X of 1927),  published in the Gazette of \r\nIndia, s. 2 read with the First Schedule. \r\n6Inserted by the Amending Act, 1934 (XXXV of 1934), published in the Gazette of India, dated: 15 September 1934, pp. 181 -\r\n183, s. 2 read with the Schedule. \r\n7Substituted for the  words “or soldier” by the Repealing and Amending Act, 1927 (X of 1927),  published in the Gazette of \r\nIndia, s. 2 read with the First Schedule. \r\n8Inserted by the Amending Act, 1934 (XXXV of 1934), published in the Gazette of India, dated: 15 September 1934, pp. 181 -\r\n183, s. 2 read with the Schedule. \r\n9Ibid. \r\n10Inserted by the Repealing and Amending Act, 1927 (X of 1927),  published in the Gazette of India, s. 2 read with the First \r\nSchedule. \r\n11Substituted ibid.,  for the  words “or soldier”. \r\n12Inserted by the Amending Act, 1934 (XXXV of 1934), published in the Gazette of India, dated: 15 September 1934, pp. 181 -\r\n183, s. 2 read with the Schedule. \r\n13Ibid. \r\n14Substituted for the  words “or soldier” by the Repealing and Amending Act, 1927 (X of 1927),  published in the Gazette of \r\nIndia, s. 2 read with the First Schedule. \r\n15Inserted by the Amending Act, 1934 (XXXV of 1934), published in the Gazette of India, dated: 15 September 1934, pp. 181 -\r\n183, s. 2 read with the Schedule. \r\n2. Person so authorized may act  personally or appoint pleader .– Any \r\nperson authorized by an officer \r\n1\r\n[soldier \r\n2\r\n[, sailor] or airman] to prosecute or \r\ndefend a suit in his stead may prosecute or defend it in person in the same \r\nmanner as the officer \r\n3\r\n[soldier \r\n4\r\n[, 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 \r\n5\r\n[soldier \r\n6\r\n[, sailor] or airman]. \r\n3. Service on person so authorized, or on his pleade r, to be good \r\nservice.– Processes served upon any person authorized by an officer \r\n7\r\n[soldier \r\n8\r\n[, sailors] or airman] under rule 1 or upon any pleader appointed as aforesaid \r\nby such person shall be as effectual as if they had been served on the party in \r\nperson. \r\nORDER XXIX \r\nSuits by or against Corporations \r\n1. Subscription and verification of pleading .– In suits by or against a \r\ncorporation, any pleading may be signed and verified on behalf of the \r\ncorporation by the secretary or by any director or other principal officer of the \r\ncorporation who is able to depose to the facts of the case. \r\n2. Service on corporation .– Subject to any statutory provision regulating \r\nservice of process, where the suit is against a corporation, the summons may be \r\nserved– \r\n(a) on the secretary, or on any director, or other principal officer of the \r\ncorporation, or \r\n(b) by leaving it or sending it by post addressed to the corporation at the \r\nregistered office, or if there is no registered office then at the place \r\nwhere the corporation carries on business. \r\n3. Power to require personal attendance of officer of corporation .– The \r\nCourt may, at any stage of the suit, require the personal appearance of the \r\nsecretary or of any director, or other principal officer of the corporation who may be \r\nable to answer material questions relating to the suit. \r\n                                                \r\n1Substituted for the  words “or a soldier” by the Repealing and Amending Ac t, 1927 (X of 1927),  published in the Gazette of \r\nIndia, s. 2 read with the First Schedule. \r\n2Inserted by the Amending Act, 1934 (XXXV of 1934), published in the Gazette of India, dated: 15 September 1934, pp. 181 -\r\n183, s. 2 read with the Schedule. \r\n3Substituted for the  words “or soldier” by the Repealing and Amending Act, 1927 (X of 1927),  published in the Gazette of \r\nIndia, s. 2 read with the First Schedule. \r\n4Inserted by the Amending Act, 1934 (XXXV of 1934), published in the Gazette of India, dated: 15 Sep tember 1934, pp. 181 -\r\n183, s. 2 read with the Schedule. \r\n5Substituted for the  words “or soldier” by the Repealing and Amending Act, 1927 (X of 1927),  published in the Gazette of \r\nIndia, s. 2 read with the First Schedule. \r\n6Inserted by the Amending Act, 1934 (XXXV of 1934), published in the Gazette of India, dated: 15 September 1934, pp. 181 -\r\n183, s. 2 read with the Schedule. \r\n7Substituted for the  words “or a soldier” by the Repealing and Amending Act, 1927 (X of 1927),  published in the Gazette of \r\nIndia, s. 2 read with the First Schedule. \r\n8Inserted by the Amending Act, 1934 (XXXV of 1934), published in the Gazette of India, dated: 15 September 1934, pp. 181 -\r\n183, s. 2 read with the Schedule. \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 \r\nor being liable as partners and carrying on business in \r\n1\r\n[Pakistan] may sue or be \r\nsued in the name of the firm (if any) of which such persons were partners at the \r\ntime of the accruing of the cause of action, and any party to a suit may in such \r\ncase apply to the Court for a statement of the names and addresses of the \r\npersons who were, at the time of the accruing of the cause of action, partners \r\nin such firm, to be furnished and verified 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 \r\nunder sub­rule (1), it shall, in the case of any pleading or other document required \r\nby or under this Code to be signed, verified or certified by the plaintiff or the \r\ndefendant, suffice if such pleading or other document is signed, verified or certified \r\nby any one of such persons. \r\n2\r\n[Explanation.– This rule applies to a joint Hindu family trading partnership.] \r\n2. Disclosure of partners ‟ names.– (1) Where a suit is instituted by partners \r\nin the name of their firm, the plaintiffs or their pleader shall, on demand in \r\nwriting by or on behalf of any defendant, forthwith declare in writing the names \r\nand places of residence of all the persons constituting the firm on whose behalf \r\nthe suit is instituted. \r\n (2) Where the plaintiffs or their pleader fail to Comply with any demand \r\nmade under sub­rule (1), all proceedings in the suit may, upon an application for \r\nthat purpose, be stayed upon such terms as the Court may direct. \r\n (3) Where the names of the partners are declared in the manner \r\nreferred to in sub­rule (1), the suit shall proceed in the same manner, and the \r\nsame consequences in all respects shall follow, as if they had been named as \r\nplaintiffs in the plaint: \r\nProvided that all the proceedings shall nevertheless continue in the name of \r\nthe firm. \r\n3. Service.– Where persons are sued as partners in the name of their firm, \r\nthe summons shall be served either– \r\n(a) upon any one or more of the partners, or \r\n                                                \r\n1Substituted for the words “the Provinces and the Capital of the Federa tion” by the Central Laws (Statute Reform) Ordinance, \r\n1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan \r\n(Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it ca me into force on 14 October 1955. \r\nThey were earlier substituted for the words “British India” by  the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith Article 4. \r\n2Added by the Notification No. 6 G, dated: 1 January 1909; issued by the Chief Court, Punjab; and, was published in the \r\nGovernment Gazette Punjab and its Dependencies, dated: 1 January 1909, pp. 2 -3. Above said Notification was confirmed by \r\nthe Notification No. 2212 G, dated: 12 May 1909; issued by the Chief Court, Punjab; and, was published in the Government \r\nGazette Punjab and its Dependencies, dated: 21 May 1909, p. 571. \r\n(b) at the principal place at which the partnership business is carried on \r\nwithin \r\n1\r\n[Pakistan] upon any person having, at the time of service, \r\nthe control or management of the partnership business there,  \r\nas the Court may direct; and such service shall be deemed good service \r\nupon the firm so sued, whether all or any of the partners are within or without \r\n2\r\n[Pakistan]: \r\nProvided that, in the case of a partnership which has been dissolved to \r\nthe knowledge of the plaintiff before the institution of the suit, the summons \r\nshall be served upon every person within \r\n3\r\n[Pakistan] whom it is sought to make \r\nliable. \r\n4. Right of suit on d eath of partner ._ (1) Notwithstanding anything contained \r\nin section 45 of the \r\n4\r\n[*] Contract Act, 1872\r\n5\r\n, where two or more persons may sue or \r\nbe sued in the name of a firm under the foregoing provisions and any of such \r\npersons dies, whether before the institution or during the pendency of any suit, it \r\nshall not be necessary to join the legal representative of the deceased as a party \r\nto the suit. \r\n (2) Nothing in sub­rule (1) shall limit or otherwise affect any right which \r\nthe legal representative 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 \r\nand is served in the manner provided by rule 3, every person upon whom it is \r\nserved shall be informed by notice in writing given at the time of such service, \r\nwhether 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 \r\nof such notice, the person served shall be deemed to be served as a partner. \r\n6. Appearance of partners .– Where persons are sued as partners in the \r\nname of their firm, they shall appear individually in their own names, but all \r\nsubsequent proceedings shall, nevertheless, continue in the name of the firm. \r\n7. No appearance except by partners .– Where a summons is served in the \r\nmanner provided by rule 3 upon a person having the control or management of \r\nthe partnership business, no appearance by him shall be necessary unless he is a \r\npartner of the firm sued. \r\n                                                \r\n1Substituted for the words “the Provinces  and the Capital of the Federation\" by the Central Laws (Statute Reform) Ordinance, \r\n1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan \r\n(Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. \r\nThey were earlier substituted for the words “British India” by  the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith Article 4.  \r\n2Ibid. \r\n3Ibid.  \r\n4The word “Indian” deemed to be omitted by virtue of omission of the said word in the “short title”  of the Indian Contract Ac t, \r\n1872 by the Adaptation of Central Act s and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of \r\nPakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n5IX of 1872. \r\n8. Appearance under protest .– Any person served with summons as a \r\npartner under rule 3 may appear under protest, denying that he is a partner, but \r\nsuch appearance shall not preclude the plaintiff from otherwise serving a \r\nsummons 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 \r\nfirm and one or more of the partners therein and to suits between firms having \r\none or more partners in common; but no execution shall be issued in such suits \r\nexcept by leave of the Court, and, on an application for leave to issue such \r\nexecution, all such accounts and inquiries may be directed to be taken and \r\nmade and directions given as may be just. \r\n10. Suit against person carrying on business in name other than his own .– \r\nAny person carrying on business in a name or style other than his own name may \r\nbe sued in such name or style as if it were a firm name; and, so far as the nature of \r\nthe case will permit, all rules under this Order shall apply. \r\nORDER XXXI \r\nSuits by or against Trustees, Executors and Administrators \r\n1. Representation of beneficiaries in suits concerning property vested in \r\ntrustees, etc.– In all suits concerning property vested in a trustee, executor or \r\nadministrator, where the contention is between the persons beneficially \r\ninterested in such property and a third person, the trustee, executor or \r\nadministrator shall represent the persons so interested, and it shall not ordinarily \r\nbe necessary to make them parties to the suit. But the Court may, if it thinks fit, \r\norder them or any of them to be made parties. \r\n2. Joinder of trustees, executors and administrators .– Where there are \r\nseveral trustees, executors or administrators, they shall all be made parties to a \r\nsuit against one or more of them: \r\nProvided that the executors who have not proved their testator's will, and \r\ntrustees, executors and administrators outside \r\n1\r\n[Pakistan], need not be made \r\nparties. \r\n3. Husband of married executrix not to join .– Unless the Court directs \r\notherwise, the husband of a married trustee, administratrix or executrix shall not as \r\nsuch be a party to a suit by or against her. \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 \r\nname by a person who in such suit shall be called the next friend of the minor.  \r\n                                                \r\n1Substituted for the words “the Provinces and the Capital of the Fe deration\" by the Central Laws (Statute Reform) Ordinance, \r\n1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan \r\n(Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: i t came into force on 14 October 1955. \r\nThey were earlier substituted for the words “British India” by  the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith Article 4.   \r\n \r\n1\r\n[Such person may be ordered to pay any costs in the suit as if he were the \r\nplaintiff.] \r\n2\r\n[2. Where suit is instituted without next fri end.– (1) Where a suit is instituted \r\nby or on behalf of a minor without a next friend, the Court may on such fact coming to \r\nits notice allow an opportunity to remedy the defect. \r\n(2) Where the defect is not removed, the Court may, on an application of \r\nthe defendant, or of its own motion, order that the plaint should be taken off the file \r\nwith costs to be paid by the pleader or other person by whom it was presented.  \r\n(3) Notice of the application submitted under sub -rule (2) shall be given to \r\nthe pleader or s uch other person, and the Court may, after hearing his objections, if \r\nany, make appropriate order.] \r\n3\r\n[3. Guardian for the suit to be appointed by Court for minor defendant .– (1) \r\nWhere the defendant is a minor, the Court, on being satisfied of the fact of his \r\nminority, shall appoint a proper person 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 \r\nobtained upon application in the name and on behalf of the minor or by the plaintiff. \r\n(3) The plaintif f shall file with his plaint a list of relatives of the minor and \r\nother persons with their addresses, who prima facie are most likely to be capable of \r\nacting as guardian for the suit for a minor defendant. The list shall constitute an \r\napplication by the pl aintiff under sub -rule (2) above.  \r\n(4) The Court may at any time after the institution of the suit call upon the \r\nplaintiff to furnish such a list, and, in default of compliance, may reject the plaint.  \r\n(5) Any application for the appointment of a guardian fo r the suit and any \r\nlist furnished under this rule shall be supported by an affidavit verifying the fact that \r\nthe proposed guardian has no interest in the matters in controversy in the suit \r\nadverse to that of the minor and that each person proposed is a fit  person to be so \r\nappointed. \r\n(6) No order shall be made on any application under this rule except upon \r\nnotice to any guardian of the minor appointed or declared by an authority \r\ncompetent in that behalf , or, where there is no such guardian, upon notice to th e \r\nfather or other natural guardian of the minor, or, where there is no father or other \r\nnatural guardian, to the person , in whose care the minor is, and after hearing any \r\nobjections which may be urged on behalf of any person served with notice under \r\nthis sub-rule: \r\nProvided that the Court may, if it sees fit, issue notice to the minor also. ] \r\n                                                \r\n1Added by the Notification No. 6 G, dated: 1 January 1909; issued by the Chief Court, Punjab; and, was published in the \r\nGovernment Gazette Punjab and its Dependencies, dated: 1 January 1909, pp. 2 -3. Above said Notification was confirmed by \r\nthe Notification No. 2212 G, dated: 12 May 1909; issued by the Chief Court, Punjab; and, was published in the Government \r\nGazette Punjab and its Dependencies, dated: 21 May 1909, p. 571. \r\n2Substituted by the Notification No . 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  \r\nwas published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 1 7: It came into force on 1 \r\nNovember 2020 through Notification No. 250/Le gis/XI-Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225. \r\n3Substituted by the Notification No. 566 -G, dated: 24 November 1927; issued by the High Court of Judicature at Lahore; and, \r\nwas  published in the Government Gazette Punjab and its Dependencies, dated: 9 December 1927, Part-III, p. 1588.  \r\n1\r\n[(5) A person appointed under sub­rule (1) to be guardian for the suit for \r\na minor shall, unless his appointment is terminated by retirement, removal or death, \r\ncontinue as such throughout all proceedings arising out of the suit including \r\nproceedings in any appellate or revisional Court and any proceedings in the \r\nexecution of a decree.] \r\n2\r\n[4. Who may act as next friend or be appointed guardian for the suit .– (1) \r\nAny person who is of sound mind and has attained majority may act as next \r\nfriend of a minor or as his guardian for the suit: \r\nProvided that the interest of such person is not adverse to that of the \r\nminor and that he is not, in the case of a next friend, a defendant, or, in the case \r\nof a guardian for the suit, a plaintiff. \r\n (2) Where a minor has guardian appointed or declared by competent \r\nauthority, no person other than such guardian shall act as the next friend of the \r\nminor or be appointed his guardian for the suit unless the Court considers for \r\nreasons to be recorded, that it is for the minor‟s welfare that another person be \r\npermitted to act or be appointed, as the case may be. \r\n (2)(A) Where a minor defendant has no guardian appointed or declared by \r\ncompetent authority  the Court may, subject to the proviso to sub -rule (1) , appoint \r\nas his guardian for the suit a relative of the minor.  \r\nIf no proper person be available who is a relative of the minor, the Court \r\nshall appoint one of the other defendants, if any, and failing such other defendant \r\nshall ordinarily proceed under sub -rule (4) of this rule to appoint one of its officers \r\n3\r\n[or a pleader]. \r\n (3) No person shall without his consent be appointed guardian for the \r\nsuit, but the Court  may presume such consent to have been given, unless it is \r\nexpressly refused . \r\n (4) Where there is no other person fit and willing to act as guardian for \r\nthe suit, the Court may appoint any of its officers \r\n4\r\n[or a pleader ] to be such \r\nguardian, and may direct that the costs to be incurred by such \r\n5\r\n[person] in the \r\nperformance of his duties as such guardian shall be borne either by the parties or \r\nby any one or more of the parties to the suit, or out of any fund in Court in which \r\nthe minor is interested, and may give directions for the repayment or allowance of \r\nsuch costs as justice and the circumstances of the case may require.] \r\n5. Representation of minor by next friend or guardian for the suit. – (1) \r\nEvery application to the Court on behalf of a minor, other than an application \r\nunder rule 10, sub­rule (2), shall be made by his next friend or by his guardian for \r\nthe suit. \r\n                                                \r\n1Inserted by the Code of Civil Procedure (Third Amendment) Act, 1937 (XVI of 1937),  published in the Gazette of India, dated: \r\n10 April 1937, p. 34, s. 2. \r\n2Substituted by the Notification No. 566 -G, dated: 24 November 1927; issued by the High Court of Judicature at Lahore; and, \r\nwas published in the Government Gazette Punjab and its Dependencies, dated: 9 December 1927, Part-III, p. 1588. \r\n3Added by the Notification No. 209-R./XI-Y.-3, dated: 22 July 1936; issued by the High Court of Judicature at Lahore; and, was  \r\npublished in the Government Gazette Punjab and its Dependencies, dated: 31 July 1936, Part-III, p. 449. \r\n4Ibid. \r\n5Substituted ibid. for the word “officer”. \r\n (2) Every order made in a suit or on any application, before the Court in \r\nor by which a minor is in any way concerned or affected, without such minor being \r\nrepresented by a next friend or guardian for the suit, as the case may be, may be \r\ndischarged, and, where the pleader of the party at whose instance such order \r\nwas obtained knew, or might reasonably have known, the f act of such minority, \r\nwith costs to be paid by such pleader. \r\n6. Receipt by next friend or guardian for the suit of property under decree \r\nfor minor.– (1) A next friend or guardian for the suit shall not, without the leave \r\nof the Court, receive any money or other movable property on behalf of a minor \r\neither– \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 (2) Where the next friend or guardian for the suit has not been appointed \r\nor declared by competent authority to be guardian of the property of the minor, \r\nor, having been so appointed or declared, is under any disability known to the \r\nCourt to receive the money or other moveable property, the Court shall, if it \r\ngrants 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 \r\nensure its proper application. \r\n7. Agreement or compromise by next friend or guardian for the suit .– (1) \r\nNo next friend or guardian for the suit shall, without the leave of the Court, \r\nexpressly recorded in the proceedings, enter into any agreement or compromise \r\non behalf of a minor with reference to the suit in which he acts as next friend or \r\nguardian. \r\n (2) Any such agreement or compromise entered into without the leave \r\nof the Court so recorded shall be voidable against all parties other than the minor. \r\n8. Retirement of next friend .– (1) Unless otherwise ordered by the Court, a \r\nnext friend shall not retire without first procuring a fit person to be put in his place \r\nand giving security for the costs already incurred. \r\n (2) The application for the appointment of a new next friend shall be \r\nsupported by an affidavit showing the fitness of the person proposed, and also \r\nthat 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 \r\nminor is adverse to that of the minor or where he is so connected with a \r\ndefendant whose interest is adverse to that of the minor as to make it unlikely \r\nthat the minor's interest will be properly protected by him, or where he does not \r\ndo his duty, or, during the pendency of the suit, ceases to reside within \r\n1\r\n[Pakistan], or for any other sufficient cause, application may be made on \r\nbehalf of the minor or by a defendant for his removal; and the Court, if satisfied \r\n                                                \r\n1Substituted for the words “the Provinces and the Capital of the Federation\" by the Central Laws (Statute Reform) Ordinance, \r\n1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan \r\n(Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. \r\nThey were earlier substituted for the words “British India” by  the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith Article 4. \r\nof the sufficiency of the cause assigned, may order the next friend to be removed \r\naccordingly, 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 \r\nauthority competent in this behalf, and an application is made by a guardian so \r\nappointed or declared, who d esires to be himself appointed in the place of the \r\nnext friend, the Court shall remove the next fr iend unless it considers, for \r\nreasons to be recorded by it, that the guardian ought not to be appointed the next \r\nfriend of the minor, and shall thereupon appoint the applicant to be next friend in \r\nhis place upon such terms as to the costs already incurred in the suit as it thinks fit. \r\n10. Stay of proceeding s on removal, etc., of next friend .– (1) On the \r\nretirement, removal or death of the next friend of a minor, further proceedings \r\nshall be stayed until the appointment of a next friend in his place. \r\n (2) Where the pleader of such minor omits, within a reasonable time, to \r\ntake steps to get a new next friend appointed, any person interested in the \r\nminor or in the matter in issue may apply to the Court for the appointment of one, \r\nand the Court may appoint such person as it thinks fit. \r\n11. Retirement, removal or death of guardian for the suit .– (1) Where the \r\nguardian for the suit desires to retire or does not do his duty, or where other \r\nsufficient ground is made to appear, the Court may permit such guardian to retire \r\nor may remove him, and may make such order as to costs as it thinks fit. \r\n (2) Where the guardian for the suit retires, dies or is removed by the \r\nCourt during the pendency of the suit, the Court shall appoint a new guardian in his \r\nplace. \r\n12. Course to be followed by minor plaintiff or applicant on attai ning \r\nmajority.– (1) A minor plaintiff or a minor not a party to a suit on whose behalf \r\nan application is pending shall, on attaining majority, elect whether he will proceed \r\nwith the suit or application. \r\n (2) Where he elects to proceed with the suit or application, he shall \r\napply for an order discharging the next friend and for leave to proceed in his own \r\nname. \r\n (3) The title of the suit or application shall in such case be corrected so \r\nas to read thenceforth thus:– \r\n\"A. B., late a minor, by C. D., his next friend, but now having attained \r\nmajority.\" \r\n (4) Where he elects to abandon the suit or application, he shall, if a sole \r\nplaintiff or sole applicant, apply for an order to dismiss the suit or application \r\non repayment of the costs incurred by the defendant or opposite party or which \r\nmay have been paid by his next friend. \r\n (5) Any application under this rule may be made ex parte: but no order \r\ndischarging a next friend and permitting a minor plaintiff to proceed in his own \r\nname shall be made without notice to the next friend. \r\n13. Where minor co­plaintiff attaining majority desires to repudiate suit .– \r\n(1) Where a minor co­plaintiff on attaining majority desires to repudiate the suit, \r\nhe shall apply to have his name struck out as co­plaintiff; and the Court, if it finds \r\nthat he is not a necessary party, shall dismiss him from the suit on such terms as \r\nto costs or otherwise as it thinks fit. \r\n (2) Notice of the application shall be served on the next friend, on \r\nany co­plaintiff and on the defendant. \r\n (3) The costs of all parties of such application, and of all or any \r\nproceedings theretofore had in the suit, shall be paid by such persons as the Court \r\ndirects. \r\n (4) Where the applicant is a necessary party to the suit, the Court may \r\ndirect him to be made a defendant. \r\n14. Unreasonable or improper suit .– (1) A minor on attaining majority may, if \r\na sole plaintiff, apply that a suit instituted in his name by a next friend be \r\ndismissed on the ground that it was unreasonable or improper. \r\n (2) Notice of the application shall be served on all the parties concerned; \r\nand the Court, upon being satisfied of such unreasonableness or impropriety, may \r\ngrant the application and order the next friend to pay the costs of all parties in \r\nrespect of the application and of anything done in the suit, or make such other \r\norder as it thinks fit. \r\n15. Application of rules to persons of unsound mind. – The provisions \r\ncontained in rules 1 to 14, so far as they are applicable, shall extend to persons \r\nadjudged to be of unsound mind and to persons who though not so adjudged are \r\nfound by the Court on inquiry, by reason of unsoundness of mind or mental \r\ninfirmity, to be incapable of protecting their interests when suing or being sued. \r\n1\r\n[16. Certain laws not to be affected .– Nothing in this Order shall be construed \r\nto affect or in any way derogate from the provisions of any local law for the time \r\nbeing in force relating to suits by or against minors or by or against lunatics or \r\nother persons of unsound mind.] \r\n2\r\n[ORDER XXXIII \r\nSuits by Paupers] \r\nORDER XXXIV \r\nSuits relating to Mortgages of Immoveable Property \r\n1. Parties to suits for foreclosure, sale and redemption .– Subject to the \r\nprovisions of this Code, all persons having an interest either in the \r\nmortgage­security or in the right of redemption shall be joined as parties to any \r\nsuit relating to the mortgage. \r\n                                                \r\n1Substituted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published in the Gazette of \r\nPakistan (Extraordinary) dated: 8 July 1981, pp. 345-475, s. 3 read with the Second Schedule. \r\n2Omitted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  was \r\npublished in the Punjab Weekly Gazette, Part-III, dated: 22 August 2018, pp. 270-286, r. 18: It came into force on 1 November \r\n2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, Part -III, \r\ndated: 28 October 2020, p. 225. \r\nExplanation.– A puisne mortgagee may sue for foreclosure or for sale without \r\nmaking the prior mortgagee a party to the suit; and a prior mortgagee need \r\nnot be joined in a suit to redeem a subsequent mortgage. \r\n1\r\n[2. Preliminary decree in foreclosure  suit.– (1) In a suit for foreclosure, if the \r\nplaintiff succeeds, the Court shall pass a preliminary decree:– \r\n(a) ordering that an account be taken of what was due to the plaintiff \r\nat the date of such decree for– \r\ni. principal and interest on the mortgage, \r\nii. the costs of suit, if any, awarded to him, and \r\niii. other costs, charges and expenses properly incurred by him \r\nup to that date in respect of his mortgage­security, together \r\nwith interest thereon; or \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 \r\ndeclared due on or before such date as the Court may fix \r\nwithin six months from the date on which the Court confirms \r\nand countersigns the account taken under clause (a), or from \r\nthe date on which such amount is declared in Court under \r\nclause (b), as the case may be, and thereafter pays such \r\nmount as may be adjudged due in respect of subsequent \r\ncosts, charges and expenses as provided in rule 10, together \r\nwith subsequent interest on such sums respectively as \r\nprovided in rule 11, the plaintiff shall deliver up to the \r\ndefendant, or to such person as the defendant appoints, all \r\ndocuments in his possession or power relating to the \r\nmortgaged property, and shall, if so required, re­transfer the \r\nproperty to the defendant at his cost free from the mortgage \r\nand from all encumbrances created by the plaintiff or any \r\nperson claiming under him, or, where the plaintiff claims by \r\nderived title, by those under whom he claims, and shall \r\nalso, if necessary, put the defendant in possession of the \r\nproperty; and \r\n(ii) that, if payment of the amount found or declared due under or \r\nby the preliminary decree is not  made on or before the date \r\nso fixed, or the defendant fails to pay, within such time as the \r\nCourt may fix, the amount adjudged due in respect of \r\nsubsequent costs, charges, expenses and interest, the \r\nplaintiff shall be entitled to apply for a final decree debarring \r\nthe defendant from all right to redeem the property. \r\n(2) The Court may, on good cause shown and upon terms to be fixed \r\nby the Court, from time to time, at any time before a final decree is passed, \r\n                                                \r\n1Rules 2 to 8 were substit uted by the Transfer of Property (Amendment) Supplementary Act, 1929 (XXI of 1929), published in \r\nthe Punjab Gazette, dated: 25 October 1929, pp. 133-153, s. 4. \r\nextend the time fixed for the payment of the amount found or declared due under \r\nsub­rule (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 \r\npersons deriving title from, or subrogated to the rights of, any such mortgagees \r\nare joined as parties, the preliminary decree shall provide for the adjudication \r\nof 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 \r\nD with such variations as the circumstances of the case may require. \r\n3. Final decree in foreclosure suit .– (1) Where, before a final decree \r\ndebarring the defendant from all right to redeem the mortgaged property has \r\nbeen passed, the defendant makes payment into Court of all amounts due from \r\nhim under sub­rule (1) of rule 2, the Court shall, on application made by the \r\ndefendant in this behalf, pass a final decree– \r\n(a) ordering the plaintiff to deliver up the documents referred to in the \r\npreliminary decree,  \r\nand, if necessary,– \r\n(b) ordering him to re­transfer at the cost of the defendant the \r\nmortgaged property as directed in the said decree,  \r\nand, 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 \r\nmade, the Court shall, on application made by the plaintiff in this behalf, pass a \r\nfinal decree declaring that the defendant and all persons claiming through or \r\nunder him are debarred from all right to redeem the mortgaged property and \r\nalso, if necessary, ordering the defendant to put the plaintiff in possession of the \r\nproperty. \r\n(3) On the passing of a final decree under sub­rule (2), all liabilities  to \r\nwhich the defendant is subject in respect of the mortgage or on account of the suit \r\nshall be deemed to have been discharged. \r\n4. Preliminary decree in suit for sale .– (1) In a suit for sale, if the plaintiff \r\nsucceeds, the Court shall pass a preliminary decree to the effect mentioned in \r\nclauses (a), (b) and (c) (i) of sub rule (1) of rule 2, and further directing that, in \r\ndefault of the defendant paying as therein mentioned, the plaintiff shall be entitled \r\nto apply for final decree directing that the mortgaged property or a sufficient part \r\nthereof be sold, and the proceeds of the sale (after deduction therefrom of the \r\nexpenses of the sale) be paid into Court and applied in payment of what has been \r\nfound or declared under or by the preliminary decree due to the plaintiff, together \r\nwith such amount as may have been adjudged due in respect of subsequent \r\ncosts, 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 \r\nby the Court, from time to time, at any time before a final decree for sale is \r\npassed, extend the time fixed for the payment of the amount found or declared \r\ndue under sub­rule (1) or of the amount adjudged due in respect of \r\nsubsequent costs, charges, expenses and interest. \r\n(3) Power to decree sale in foreclosure suit .– In a suit for foreclosure \r\nin the case of an anomalous mortgage, if the plaintiff succeeds, the Court may, at \r\nthe instance of any party to the suit or of any other person interested in the \r\nmortgage security or the right of redemption, pass a like decree (in lieu of a decree \r\nfor 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 \r\nthe performance of the terms. \r\n(4) Where, in a suit for sale or a suit for foreclosure in which sale \r\nis ordered, subsequent mortgagees or persons deriving title from, or subrogated \r\nto the rights of, any such mortgagees are joined as parties, the preliminary \r\ndecree referred to in sub­rule (1) shall provide for the adjudication of the \r\nrespective rights and liabilities of the parties to the suit in the manner and form \r\nset forth in Form No. 9, Form No. 10 or Form No. 11, as the case may be, of \r\nAppendix D with such variations as the circumstances of the case may require. \r\n5. Final decree in suit for sale .– (1) Where, on or before the day fixed or at \r\nany time before the confirmation of a sale made in pursuance of a final decree \r\npassed under sub­rule (3) of this rule, the defendant makes payment into Court \r\nof all amounts due from him under sub­rule (1) of rule 4, the Court shall, on \r\napplication 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 \r\npreliminary decree,  \r\nand, if necessary,– \r\n(b) ordering him to transfer the mortgaged property as directed in the said \r\ndecree,  \r\nand, also, 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 \r\npursuance of a decree passed under sub­rule (3) of this rule, the Court shall not \r\npass an order under sub­rule (1) of this rule, unless the defendant, in addition to \r\nthe amount mentioned in sub­rule (1), deposit in Court for payment to the \r\npurchaser a sum equal to five per cent. of the amount of the purchase­money paid \r\ninto Court by the purchaser. \r\nWhere such deposit has been made, the purchaser shall be entitled to an \r\norder for repayment of the amount of the purchase­money paid into Court by him, \r\ntogether with a sum equal to five per cent. thereof. \r\n(3) Where payment in accordance with sub­rule (1) has not been \r\nmade, the Court shall, on application made by the plaintiff in this behalf, pass \r\na final decree directing that the mortgaged property or a sufficient part thereof \r\nbe sold, and that the proceeds of the sale be dealt with in the manner provided \r\nin sub­rule (1) of rule 4. \r\n6. Recovery of balance due on mortgage in suit for sale. – Where the net \r\nproceeds of any sale held under the last preceding rule are found insufficient to \r\npay the amount due to the plaintiff, the court, on application by him may, if the \r\nbalance is legally recoverable from the defendant otherwise than out of the \r\nproperty sold, pass a decree for such balance. \r\n7. Preliminary decree in redemption suit .– (1) In a suit for redemption, if the \r\nplaintiff succeeds, the Court shall pass a preliminary decree– \r\n(a) ordering that an account be taken of what was due to the \r\ndefendant at the date of 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 \r\nto that date, in respect of his mortgage-security, together with \r\ninterest thereon; or \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 \r\ndeclared due on or before such date as the Court may fix \r\nwithin six months from the date on which the Court confirms \r\nand countersigns the account taken under clause (a), or \r\nfrom the date on which such amount is declared in Court \r\nunder clause (b), as the case may be, and thereafter pays \r\nsuch amount as may be adjudged due in respect of \r\nsubsequent costs, charges and expenses as provided in rule \r\n10, together with subsequent interest on such sums \r\nrespectively as provides in rule 11, the defendant shall \r\ndeliver up the plaintiff, or to such p erson as the plaintiff \r\nappoints, all documents in his possession or power relating \r\nto the mortgaged property, and shall, if so required, \r\nre­transfer the property to the plaintiff at his cost free from \r\nthe mortgage and from all encumbrances created by the \r\ndefendant or any person claiming under him, or, where the \r\ndefendant claims by derived title, by those under whom \r\nhe claims, and shall also, if necessary, put the plaintiff in \r\npossession of the property; and \r\n(ii) that, if payment of the amount found or declared due under \r\nor by the preliminary decree is not made on or before the \r\ndate so fixed, or the plaintiff fails to pay, within such time as \r\nthe Court may fix, the amount adjudged due in respect of \r\nsubsequent costs, charges, expenses and interest, the \r\ndefendant 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 terms of \r\nwhich provide for foreclosure only and not for sale, that the mortgaged \r\nproperty be sold, or \r\n(b) in the case of a mortgage by conditional sale or such an anomalous \r\nmortgage as aforesaid, that the plaintiff be debarred from all right to \r\nredeem the property. \r\n(2) The Court may, on good cause shown and upon terms to be fixed \r\nby the Court, from time to time, at any time before the passing of a final decree for \r\nforeclosure or sale, as the case may be, extend the time fixed for the payment of \r\nthe amount found or declared due under sub­rule (1) or of the amount \r\nadjudged due in respect of subsequent costs, charges, expenses and interest. \r\n8. Final decree in redemption suit .– (1) Where, before a final decree \r\ndebarring the plaintiff from all right to redeem the mortgaged property has been \r\npassed or before the confirmation of a sale held in pursuance of a final decree \r\npassed under sub­rule (3) of this rule, the plaintiff makes payment into Court of \r\nall amounts due from him under sub­rule (1) of rule 7, the Court shall, on \r\napplication made by the plaintiff in this behalf, pass a final decree or, if such decree \r\nhas been passed, an order– \r\n(a) ordering the defendant to deliver up the documents referred to in the \r\npreliminary decree,  \r\nand, if necessary,– \r\n(b) ordering him to re­transfer at the cost of the plaintiff the mortgaged \r\nproperty as directed in the said decree,  \r\nand, if also 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 \r\npursuance of a decree passed under sub­rule (3) of this rule, the Court shall not \r\npass an order under sub­rule (1) of this rule, unless the plaintiff, in addition to the \r\namount mentioned in sub­rule (1), deposits in Court for payment to the purchaser \r\na sum equal to five per cent. of the amount of the purchase­money paid into \r\nCourt by the purchaser. \r\nWhere such deposit has been made, the purchaser shall be entitled to an \r\norder for repayment of the amount of the purchase­money paid into Court by \r\nhim, together with a sum equal to five per cent. thereof. \r\n(3) Where payment in accordance with sub­rule (1) has not been \r\nmade, the Court shall, on application made by the defendant in this behalf,– \r\n(a) in the case of a mortgage by conditional sale or of such an \r\nanomalous mortgage as is hereinbefore referred to in rule 7, pass \r\na final decree declaring that the plaintiff and all persons claiming \r\nunder him are debarred from all right to redeem the mortgaged \r\nproperty and, also, if necessary, ordering the plaintiff to put the \r\ndefendant in possession of the mortgaged property; or \r\n(b) in the case of any other mortgage, not being a usufructuary \r\nmortgage, pass a final decree that the mortgaged property or a \r\nsufficient part thereof be sold, and the proceeds of the sale (after \r\ndeduction therefrom of the expenses of the sale) be paid into Court \r\nand applied in payment of what is found due to the defendant, and \r\nthe balance, if any, be paid to the plaintiff or other persons entitled to \r\nreceive the same.] \r\n1\r\n[8A. Recovery of balance due on mortgage in suit for redemption .– Where \r\nthe net proceeds of any sale held under the last preceding rule are found \r\ninsufficient to pay the amount due to the defendant, the Court, on application \r\nby him, may, if the balance is legally recoverable from the plaintiff otherwise than \r\nout of the property sold, pass a decree for such balance.] \r\n9. Decree where nothing is found due or where mortgagee has been \r\noverpaid.– Notwithstanding anything hereinbefore contained, if it appears, upon \r\ntaking the account referred to in rule 7, that nothing is due to the defendant or \r\nthat he has been overpaid, the Court shall pass a decree directing the defendant, \r\nif 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 \r\npossession of the mortgaged property. \r\n2\r\n[10. Costs of mortgagee subsequent to decree .– In finally adjusting the \r\namount to be  paid to  a mortgagee in case of a foreclosure, sale or redemption, \r\nthe Court shall, unless in the case of costs of the suit the conduct of the mortgagee \r\nhas been such as to disentitle him thereto, add to the mortgage­money such costs \r\nof 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 \r\nredemption up to the time of actual payment. \r\n11. Payment of interest .– In any decree passed in a suit for foreclosure, sale or \r\nredemption, where interest is legally recoverable, the Court may order payment \r\nof interest to the mortgagee as follows, namely:– \r\n(a) interest upto the date on or before which payment of the amount \r\nfound or declared due is under the preliminary decree to be made \r\nby the mortgagor or other person redeeming the mortgage– \r\n(i) on the principal amount found or declared due on the \r\nmortgage,–  \r\nat the rate payable on the principal, or, where no such rate is \r\nfixed, at such rate as the Court deems reasonable, \r\n(ii) on the amount of the costs of the suit awarded to the \r\nmortgagee,–  \r\nat such rate as the Court deems reasonable from the date of \r\nthe preliminary decree, and \r\n(iii) on the amount adjudged due to the mortgagee for costs, \r\ncharges and expenses properly incurred by the mortgagee in \r\nrespect of the mortgage­security up to the date of the \r\npreliminary decree and added to the mortgage- money,–  \r\n                                                \r\n1Inserted by the Transfer of Property (Amendment) Supplementary Act, 1929 (XXI of 1929), publish ed in the Punjab Gazette, \r\ndated: 25 October 1929, pp. 133-153, s. 5. \r\n2Substituted ibid., s. 6. \r\nat the rate agreed between the parties, or, failing such rate, at the \r\nsame rate as is payable on the principal, or failing both such rates, at nine \r\nper cent. per annum, and \r\n(b) subsequent interest up to the date of realization or actual payment at \r\nsuch rate as the Court deems reasonable– \r\n(i) on the aggregate of the principal sums specified in clause (a) \r\nand of the interest thereon as calculated in accordance with \r\nthat clause, and \r\n(ii) on the amount adjudged due to the mortgagee in respect of \r\nsuch further costs, charges and expenses as may be payable \r\nunder rule 10.] \r\n12. Sale of property subject to prior mortgage .– Where any property the sale \r\nof which is directed under this Order is subject to a prior mortgage, the Court may, \r\nwith the consent of the prior mortgagee, direct that the property be sold free from \r\nthe same, giving to such prior mortgagee the same interest in the proceeds of the \r\nsale as he had in the property sold. \r\n13. Application of proceeds .– (1) Such proceeds shall be brought into \r\nCourt and applied as follows:– \r\nfirst, in payment of all expenses incident to the sale or properly incurred in \r\nany attempted sale; \r\nsecondly, in payment of whatever is due to the prior mortgagee on account \r\nof the prior mortgage, and of costs, properly incurred in connection therewith; \r\nthirdly, in payment of all interest due on account of the mortgage in \r\nconsequence whereof the sale was directed, and of the costs of the suit in which \r\nthe decree directing the sale was made; \r\nfourthly, in payment of the principal money due on account of that mortgage; \r\nand \r\nlastly, the residue (if any) shall be paid to the person proving himself to \r\nthe interested in the property sold, or if there are more such persons than \r\none, then to such persons according to their respective interests therein or upon \r\ntheir joint receipt. \r\n(2) Nothing in this rule or in rule 12 shall be deemed to affect the powers \r\nconferred by section 57 of the Transfer of Property Act, 1882\r\n1\r\n. \r\n14. Suit for sale necessary for bringing mortgaged property to sale .– (1) \r\nWhere a mortgagee has obtained a decree for the payment of money in \r\nsatisfaction of a claim arising under the mortgage, he shall not be entitled to bring \r\nthe mortgaged property to sale otherwise than by instituting a suit for sale in \r\nenforcement of the mortgage, and he may institute such suit notwithstanding \r\nanything contained in Order II, rule 2. \r\n(2) Nothing in sub­rule (1) shall apply to any territories to which the \r\nTransfer of Property Act, 1882\r\n2\r\n, has not been extended. \r\n                                                \r\n1IV of 1882. \r\n2Ibid. \r\n1\r\n[15. Mortgages by the deposit of title­deeds and charges .– All the provisions \r\ncontained in this Order which apply to a simple mortgage shall so far as may be, \r\napply to a mortgage by deposit of title­deeds within the meaning of section 58, \r\nand to a charge within the meaning of section 100 of the Transfer of Property \r\nAct, 1882\r\n2\r\n.] \r\nORDER XXXV \r\nInterpleader \r\n1. Plaint in interpleader­suit .– In every suit of interpleader the plaint shall, in \r\naddition to the other statements necessary for plaints, state– \r\n(a) that the plaintiff claims no interest in the subject­matter in dispute \r\nother than for charges 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 \r\ndefendants. \r\n2. Payment of thing claimed into Court .– Where the thing claimed is \r\ncapable of being paid into Court or placed in the custody of the Court, the \r\nPlaintiff may be required to so pay or place it before he can be entitled to any \r\norder in the suit. \r\n3. Procedure where defendant is suing plaintiff .– Where any of the \r\ndefendants in an interpleader­suit is actually suing the plaintiff in respect of the \r\nsubject­matter of such suit, the Court in which the suit against the plaintiff is \r\npending shall, on being informed by the Court in which the interpleader-suit has \r\nbeen instituted, stay the proceedings as against him; and his costs in the suit \r\nso stayed may be provided for in such suit; but if, and in so far as, they are not \r\nprovided for in that suit, they may be added to his costs incurred in the \r\ninterpleader­suit. \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 \r\ndefendants in respect of the thing claimed, award him his costs, and \r\ndismiss him from the suit; or \r\n(b) if it thinks that justice or convenience so require, retain all parties until \r\nthe final disposal of the suit. \r\n(2) Where the Court finds that the admissions of the parties or other \r\nevidence enable it to do so, 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 \r\nadjudicate, it may direct– \r\n(a) that an issue or issues between the parties be framed and tried, and \r\n                                                \r\n1Substituted by the Transfer of Property (Amendment) Supplementary Act, 1929 (XXI of 1929), published in the Punjab \r\nGazette, dated: 25 October 1929, pp. 133-153, s. 7. \r\n2IV of 1882. \r\n(b) that any claimant be made a plaintiff in lieu of or in addition to the \r\noriginal plaintiff,  \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 \r\nOrder shall be deemed to enable agents to sue their principals, or tenants to sue \r\ntheir landlords, for the purpo se of compelling them to interplead with any \r\npersons other than persons making claim through such principals or the \r\nlandlords. \r\nIllustrations \r\n(a) A deposits a box of jewels with B as his agent. C alleges that the \r\njewels were wrongfully obtained from him by A, and claims them from B. B \r\ncannot institute an interpleader­suit against A and C. \r\n(b) A deposits a box of jewels with B as his agent. He then writes to \r\nC for the purpose of making the jewels a security for a debt due from himself to C. \r\nA afterwards alleges that C's debt is satisfied, and C alleges the contrary. Both \r\nclaim the jewels from B. B may institute an interpleader­suit against A and C. \r\n6. Charge for plaintiff‟s costs .– Where the suit is properly instituted the Court \r\nmay provide for the costs of the original plaintiff by giving him a charge on the \r\nthing claimed or in some other effectual way. \r\nORDER XXXVI \r\nSpecial Case \r\n1. Power to state case for Court‟s opinion .– (1) Parties claiming to be \r\ninterested in the decision of any question of fact or law may enter into an \r\nagreement in writing stating such question in the form of a case for the opinion of \r\nthe Court, and providing that, upon the finding of the Court with respect to such \r\nquestion,– \r\na) a sum of money fixed by the parties or to be determined by the Court \r\nshall be paid by one of the parties to the other of them; or \r\nb) some property, movable or immovable, specified in the agreement, \r\nshall be delivered by one of the parties to the other of them; or \r\nc) one or more of the parties shall do, or refrain from doing, some other \r\nparticular act specified in the agreement. \r\n(2) Every case stated under this rule shall be divided into consecutively \r\nnumbered paragraphs, and shall concisely state such facts and specify such \r\ndocuments as may be necessary to enable the Court to decide the question raised \r\nthereby. \r\n2. Where valu e of subject­matter must be stated .– Where the agreement is \r\nfor the delivery of any property, or for the doing, or the refraining from doing, any \r\nparticular act, the estimated value of the property to be delivered, or to which the \r\nact specified has reference, shall be stated in the agreement. \r\n3. Agreement to be filed and registered as suit .– (1) The agreement, if \r\nframed in accordance with the rules hereinbefore contained, may be filed in the \r\nCourt which would have jurisdiction to entertain a suit, the amount or value of the \r\nsubject­matter of which is the same as the amount or value of the \r\nsubject­matter of the agreement. \r\n(2) The agreement, when so filed, shall be numbered and registered as \r\na suit between one or more of the parties claiming to be interested as plaintiff or \r\nplaintiffs, and the other or the others of them as defendant or defendants; and \r\nnotice shall be given to all the parties to the agreement, other than the party or \r\nparties by whom it was presented. \r\n4. Parties to be subject to Court‟s jurisdic tion.– Where the agreement has \r\nbeen filed, the parties to it shall be subject to the jurisdiction of the Court and \r\nshall be bound by the statements contained therein. \r\n5. Hearing and disposal of case .– (1) The case shall be set down for hearing \r\nas a suit instituted in the ordinary manner, and the provisions of this Code shall \r\napply to such suit so far as the same are applicable. \r\n(2) Where the Court is satisfied, after examination of the parties, or after \r\ntaking such evidence as it thinks fit,– \r\na) that the agreement was duly executed by them, \r\nb) that they have a bona fide interest in the question stated therein, and \r\nc) that the same is fit to be decided, \r\nit shall proceed to pronounce judgment thereon, in the same way as in an \r\nordinary suit, and upon the judgment so pronounced a decree shall follow. \r\nORDER XXXVII \r\nSummary Procedure on Negotiable Instruments \r\n1\r\n[1. Application of Order .– This Order shall apply only to the High Court \r\n2\r\n[, to \r\nthe District Court, and to any other Civil Court notified in this behalf by the High \r\nCourt]. ] \r\n2. Institution of summary suits upon bills of exchange, etc. – \r\n3\r\n[(1) Subject \r\nto the provisions of rule 1, this Order applies to the following classes of suits, \r\nnamely:– \r\n(a) suits upon bills of exchange, hundies and promissory notes.  \r\n(b) suits in which the plaintiff seeks only to recover a debt or liquidated \r\ndemand in money payable by the defendant, with or without interest, \r\narising; \r\n                                                \r\n1Substituted by the Civil Procedure and Limitation (Amendment) Ordinance, 1961 (IX of 1961); made by the President on 4 \r\nMarch 1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 6 March 1961, pp. 700-701, s. 2.  \r\n2Substituted for the words “and to the District Court” by the Law Reforms Ordinance, 1972 (XII of 1972), published in the \r\nGazette of Pakistan (Extraordinary), dated: 14 April 1972, pp. 526-583, s. 2 read with the Schedule. \r\n3Added by the  Notification No. 65/Legislation/XI -Y-26, dated: 26 March 2007; issued by the Lahore High Court, Lahore, \r\npublished in the Punjab Weekly Gazette, Part-III, dated: 4 July 2007, pp. 16-18, r. 2. \r\n(i) out of an express contract; or  \r\n(ii) upon an enactment where the sum sought to be recovered is a \r\nfixed sum of money or in the nature of debt other than a \r\npenalty; or \r\n(iii) upon a guarantee, where the claim against the principal is in \r\nrespect of debt or a liquidated demand only; or  \r\n(iv) upon a trust. \r\n(c) suits for the recovery of immovable property, with or with out a claim \r\nfor rent or mesne profit by a landlord against a tenant whose term has \r\nexpired or has been duly determined by notice to quit, or has become \r\nliable to forfeiture for non -payment of rent, or against persons claiming \r\nunder such tenant.]  \r\n1\r\n[(2)] All suits \r\n2\r\n[under this Order ] may, in case the plaintiff desires to \r\nproceed hereunder, be instituted by presenting a plaint in the form prescribed; \r\nbut the summons shall be in Form No. 4 in Appendix B or in such other form as \r\nmay be from time to time prescribed. \r\n3\r\n[(3)] In any case in which the plaint and summons are in such forms, \r\nrespectively, the defendant shall not appear or defend the suit unless he obtains \r\nleave from a Judge as hereinafter provided so to appear and defend; and, in \r\ndefault 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, \r\nand the plaintiff shall be entitled to a decree \r\n4\r\n[(a) for the principal sum due on the instrument and for interest \r\ncalculated in accordance  with   the provisions of section 79 or \r\nsection 80, as the case may be, of the Negotiable Instruments \r\nAct, 1881\r\n5\r\n, up to the date of the institution of the suit, or for the sum \r\nmentioned in the summons, whichever is less, and for interest up to \r\nthe date of the decree at the same rate or at such other rate as the \r\nCourt thinks fit; and \r\n(b) for such subsequent interest, if any, as the Court may order under \r\nsection 34 of this 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 \r\ncosts, the costs shall be ascertained in the ordinary way. \r\n                                                \r\n1Renumbered by the Notification No. 65/Legislation/XI -Y-26, dated: 26 March 2007; issued by the Lahore High Court, Lahore, \r\npublished in the Punjab Weekly Gazette, Part-III, dated: 4 July 2007, pp. 16-18, r. 2. \r\n2Substituted ibid., for the expression “upon bills of exchange, hundis or promissory notes”. \r\n3Renumbered ibid. \r\n4Substituted for the expression “for any sum not exceeding the sum mentioned in the summons, together with interest at the \r\nrate specified (if any) to the date of the decree, and such sum for costs as may be prescribed,  unless  the  plaintiff  clai ms  \r\nmore  than  such fixed sum, in which case the costs shall be ascertained in the ordinary way, and such decree may be  \r\nexecuted forthwith” by the Negotiable Instruments (Interest) Act, 1926 (XXX of 1926), published in the Gazette of India, date d: \r\n11 September 1926, p. 51 ,s. 4. \r\n5XXVI of  1881. \r\n1\r\n[(4)] A decree passed under this rule may be executed forthwith.] \r\n3. Defendant showing defence on merits to have leave to appear .– (1) The \r\nCourt shall, upon application by the defendant, give leave to appear and to \r\ndefend the suit, upon affidavits which disclose such facts as would make it \r\nincumbent on the holder to prove consideration, or such other facts as the Court \r\nmay deem sufficient to support the application. \r\n(2) Leave to defend may be given unconditionally or subject to such \r\nterms as to payment into Court, giving security, framing and recording issues or \r\notherwise as the Court thinks fit. \r\n2\r\n[(3) The provisions of section 5 of the Limitation Act, 1908 (IX of \r\n1908), shall apply to applications under sub­rule (1).] \r\n4. Power to set aside decree .– After decree the Court may, under special \r\ncircumstances, set aside the decree, and if necessary stay or set aside execution, \r\nand may give leave to the defendant to appear to the summons and to defend the \r\nsuit, if it seems reasonable to the Court so to do, and on such terms as the Court \r\nthinks fit. \r\n5. Power to order bill, etc., to be deposited with officer of Court .– In any \r\nproceeding under this Order the Court may order the bill, hundi or note on which \r\nthe suit is founded to be forthwith deposited with an officer of the Court, and \r\nmay further order that all proceedings shall be stayed until the plaintiff gives \r\nsecurity for the costs thereof. \r\n6. Recovery of  cost of noting non­acceptance of dishonoured bill or \r\nnote.– The holder of every dishonoured bill of exchange or promissory note shall \r\nhave the same remedies for the recovery of the expenses incurred in noting the \r\nsame for non­acceptance or non­payment, or otherwise, by reason of such \r\ndishonour, as he has under this Order for the recovery of the amount of such bill or \r\nnote. \r\n7. Procedure in suits .– Save as provided by this Order, the procedure in \r\nsuits hereunder shall be the same as the procedure in suits instituted in the \r\nordinary manner. \r\nORDER XXXVIII \r\nArrest and Attachment before Judgment \r\nArrest before judgment \r\n3\r\n[1. Defendant to be called upon to furnish security .– (1) The Court, on the \r\nfirst date of hearing, after examination of the plaint and on being sat isfied as to the \r\n                                                \r\n1Renumbered by the Notification No. 65/Legislation/XI -Y-26, dated: 26 March 2007; issued by the Lahore High Court, Lahore, \r\npublished in the Punjab Weekly Gazette, Part-III, dated: 4 July 2007, pp. 16-18, r. 2. \r\n2Added by t he Code of Civil Procedure (Amendment) Ordinance, 1980 (X of 1980), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 26 March 1980, s. 14.  It was earlier added b y the Notification No. 606 -G., dated: 13 December 1928; \r\nissued by the High Court of  Judicature at Lahore; and, was published in the Government Gazette Punjab and its \r\nDependencies, Part-III, dated: 21 December 1928, pp. 1656-1658, r. 2. \r\n3Substituted by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by the Lahore Hig h Court, Lahore; and, \r\nwas published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 19: It came into force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225. \r\nexistence of a prima facie case, direct the defendant to furnish adequate security for \r\nthe due satisfaction of the decree, if passed against him.  \r\n(2) Where the defendant fails to furnish security within the time fixed by the \r\nCourt, the Co urt may, after considering the available record and for reasons to be \r\nrecorded, prohibit the defendant from transferring or charging his property in any way, \r\nexcept with the prior permission of the Court. \r\n2. Procedure on application .– (1) Where an order un der rule 1 is made, the \r\ndefendant may apply, along with an affidavit, to the Court for permission to transfer or \r\ncharge his property.  \r\n(2) On receipt of such application, the Court, if satisfied, that the intended \r\ndisposal by the defendant is not likely to affect the due satisfaction of the decree, may \r\nproceed to grant such permission. \r\n3.  Furnishing of security .– The defendant may apply to the Court for the \r\nvacation of the order issued under rule 1, by furnishing independent security to the \r\nsatisfaction of the Court for the due satisfaction of the decree, if passed against him.] \r\n4. Procedure where defendant fails to furnish security or find fresh \r\nsecurity.– Where the defendant fails to comply with any order under rule 2 or \r\nrule 3, the Court may commit him to \r\n1\r\n[* *] prison until the decision of the suit or, \r\nwhere a decree is passed against the defendant, until the decree has been \r\nsatisfied: \r\nProvided that no person shall be detained in prison under this rule in any \r\ncase for a longer period than six months, nor for a longer period than six weeks \r\nwhen the amount or value of the subject­matter of the suit does not exceed fifty \r\nrupees: \r\nProvided also that no person shall be detained in prison under this rule \r\nafter he has complied with such order. \r\nAttachment before Judgment \r\n5. Where defendant may be called upon to furnish security for production \r\nof property .– (1) Where, at any stage of a suit, the Court is satisfied, by affidavit \r\nor otherwise, that the defendant, with intent to obstruct or delay the execution of \r\nany 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 \r\nthe local limits of the jurisdiction of the Court,  \r\nthe Court may direct the defendant, within a time to be fixed by it, either to furnish \r\nsecurity, in such sum as may be specified in the order, to produce and place at the \r\ndisposal of the Court, when required, the said property or the value of the same, or \r\nsuch portion thereof as may be  sufficient to satisfy the decree, or to appear and \r\nshow cause why he should not furnish security. \r\n                                                \r\n1The words “the civil” were omitted by the Civil Laws (Reforms) Act, 1994 ( XIV of 1994); assented to by the President on 27 \r\nJuly 1994; and, was published in the Gazette of Pakistan (Extraordinary), dated: 31 July 1994, pp. 683-688, s. 11. \r\n(2) The plaintiff shall, unless the Court otherwise directs, specify the \r\nproperty required to be attached and the estimated value thereof. \r\n(3) The Court may also in the order direct the conditional attachment of \r\nthe whole or any portion of the property so specified. \r\n6. Attachment where cause not shown or security not furnished .– (1) \r\nWhere the defendant fails to show cause why he should not furnish security, or \r\nfails to furnish the security required, within the time fixed by the Court, the Court \r\nmay order that the property specified, or such portion thereof as appears \r\nsufficient 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 \r\nsecurity, and the property specified or any portion of it has been attached, the \r\nCourt shall order the attachment to be withdrawn, or make such other order as it \r\nthinks fit. \r\n7. Mode of making attachment .– Save as otherwise expressly provided, the \r\nattachment shall be made in the manner provided for the attachment of property in \r\nexecution of a decree. \r\n8. Investigation of claim to property attached before judgment .– Where \r\nany claim is preferred to property attached before judgment, such claim shall \r\nbe investigated in the manner hereinbefore provided for the investigation of \r\nclaims to property attached in execution of a decree for the payment of money. \r\n9. Removal of attachment when security furnished or suit dis missed.– \r\nWhere an order is made for attachment before judgment, the Court shall order \r\nthe attachment to be withdrawn when the defendant furnishes the security \r\nrequired, together with security for the costs of the attachment, or when the suit \r\nis dismissed. \r\n10. Attachment before judgment not to affect rights of strangers , nor bar \r\ndecree­holder from applying for sale .– Attachment before judgment shall not \r\naffect the rights, existing prior to the attachment, of persons not parties to \r\nthe suit, nor bar any person holding a decree against the defendant from \r\napplying 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 \r\nof decree .– Where property is under attachment by virtue of the provisions of \r\nthis Order and a decree is subsequently passed in favour of the plaintiff, it shall \r\nnot be necessary upon an application for execution of such decree to apply for a \r\nre­attachment of the property. \r\n12. Agricultural produce not attach able before judgment .– Nothing in this \r\nOrder shall be deemed to authorize the plaintiff to apply for the attachment of any \r\nagricultural produce in the possession of an agriculturist, or to empower the Court \r\nto order the attachment or production of such produce. \r\n1\r\n[13. Small Cause Court not to attach immoveable property .– Nothing in this \r\norder shall be deemed to empower any Court of Small Causes to make an \r\norder for the attachment of immovable property.] \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 \r\nsuit it is proved by affidavit or otherwise– \r\n(a) that any property in dispute in a suit is in danger of being wasted, \r\ndamaged or alienated by any party to the suit, or wrongfully sold in \r\nexecution of a decree, or \r\n(b) that the defendant threatens, or intends, to remove or dispose of his \r\nproperty with a view to defraud his creditors, \r\nthe Court may by order grant a temporary injunction to restrain such act, or make \r\nsuch other order for the purpose of staying and preventing the wasting, \r\ndamaging, alienation, sale, removal or disposition of the property as the Court \r\nthinks fit, until the disposal of the suit or until further orders. \r\n2. Injunction to restrain repetition or continuance of breach .– (1) In any \r\nsuit for restraining the defendant from committing a breach of contract or other \r\ninjury of any kind, whether compensation is claimed in the suit or not, the plaintiff \r\nmay, at any time after the commencement of the suit, and either before or after \r\njudgment, 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 \r\ncontract or injury of a like kind arising out of the same contract or relating to the \r\nsame property or right. \r\n(2) The Court may by order grant such injunction, on such terms as \r\nto the duration of the injunction, keeping an account, giving security, or \r\notherwise, as the Court thinks fit. \r\n2\r\n[(3) * * * * * * * * * * * * * * * * * * * * *   ] \r\n(4) No attachment under this rule shall remain in force for more than one \r\nyear, at the end of which time, if the disobedience or breach continues, the \r\nproperty attached may be sold, and out of the proceeds the Court may award \r\nsuch compensation as it thinks fit, and shall pay the balance, if any, to the party \r\nentitled thereto. \r\n3\r\n[2A. An interim injunction passed under rules 1 or 2 in the absence of \r\ndefendant shall not ordinarily exceed fifteen days: \r\n                                                \r\n1Inserted by the Small Cause Courts (Attachment of Immovable Property) Act, 1926 (I of 1926), published in the Gazette of \r\nIndia, dated: 27 February 1926, p. 1, s. 4. \r\n2Omitted by the Notification No. 65/Legislation/XI -Y-26, dated: 26 March 2007; issued by the Lahore High Court, Lahore, \r\npublished in the Punjab Weekly Gazette, Part-III, dated: 4 July 2007, pp. 16-18, r. 3. \r\n3Inserted by the Civil Laws (Reforms) Act, 1994 ( XIV of 1994); assented to by the President on 27 July 1994; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 31 July 1994, pp. 683-688, s. 11. \r\nProvided that such injunction may be extended for failure of its service \r\non the defendant when such failure is not attributable to the plaintiff or when \r\nthe defendant seeks time for defence of application for injunction. \r\n1\r\n[2B. * * * * * * * * * * * * * * * * * * * * * * *  ]] \r\n2\r\n[2C. Consequence o f disobedience or breach of injunction .– (1) In case of \r\ndisobedience of any injunction granted or other order made under rule 1 or 2 or \r\nbreach of any of the terms on which the injunction was granted or the order made, \r\nthe Court granting the injunction or m aking the order, or any Court to which the suit \r\nor proceeding is transferred, may order the property of the person guilty of such \r\ndisobedience or breach to be attached, and may also order such person to be \r\ndetained in the prison for a term not exceeding th ree months, unless in the \r\nmeantime the Court directs his release.  \r\n (2) No attachment made under this rule shall remain in force for more \r\nthan one year, at the end of which time, if the disobedience or breach continues, \r\nthe property attached may be sold and  out of th is proceeds, the Court may award \r\nsuch compensation as it thinks fit to the injured party and shall pay the balance, if \r\nany, to the party entitled thereto.]  \r\n3\r\n[3. Before granting injunction Court to direct notice to opposite party .– \r\nThe Court shall in all cases, before granting an injunction, direct notice of the \r\napplication for the same to be given to the opposite party: \r\n4\r\n[Provided that, except in the case of sale of goods for default in payment, at \r\nthe stipulated time, of a debt in respect of which the goods were pledged with \r\nany bank, or where the injunction is to be granted against Government or a \r\nGovernment servant as such or any statutory authority, board or corporation set \r\nup or established by Government in any case not involving the ejectment of any \r\nperson from, or the demolition of, any premises, the Court may, where it appears \r\nthat the object of granting injunction would be defeated by the delay, dispense with \r\nsuch notice: \r\nProvided further that the period of notice under this rule to Government or \r\na Government servant as such or any statutory authority, board or corporation set \r\nup or established by Government shall not be less than two days nor exceed \r\nseven days.] ] \r\n4. Order for injunction may be discharged, varied or set aside .– Any order \r\nfor an injunction may be discharged, or varied, or set aside by the Court, on \r\napplication made thereto by any party dissatisfied with such order. \r\n                                                \r\n1Omitted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  was \r\npublished in the Punjab Weekly Gazette, Part-III, dated: 22 August 2018, pp. 270-286, r. 20: It came into force on 1 November \r\n2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, Part -III, \r\ndated: 28 October 2020, p. 225. \r\n2Added by the Notification No. 65/Legislation/XI -Y-26, dated: 26 March 2007; issued by the Lahore High Court, Lahore, \r\npublished in the Punjab Weekly Gazette, Part-III, dated: 4 July 2007, pp. 16-18, r. 3. \r\n3Substituted  by the Civil Procedure and Limita tion (Amendment) Ordinance, 1961 (IX of 1961); made by the President on 4 \r\nMarch 1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 6 March 1961, pp. 700-701, s. 2. \r\n4Substituted by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 \r\nApril 1972, pp. 526-583, s. 2 read with the Schedule. \r\n1\r\n[4A. Injunction to cease to be in force after certain period .– An injunction \r\ngranted by a Court in a suit which seeks to question the validity or legal effect of \r\nany order made, proceeding taken or act done by any authority or person, which \r\nhas been made, taken or done, or purports to have been made, taken or done, \r\nunder 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 \r\nrevenues shall cease to have effect on the expiration of a period of \r\n2\r\n[one year]  \r\nfollowing the day on which it is made, unless the case is finally decided, or the \r\ninjunction is discharged or set aside, by the Court earlier. \r\nExplanation.– In this rule, „public revenues‟ includes the dues of any bank \r\nowned by the Federal Government or of any corporation or undertaking owned or \r\ncontrolled by the Federal Government or a Provincial Government.] \r\n5. Injunction to corporation binding on its officers .– An injunction directed \r\nto a corporation is binding not only on the corporation itself, but also on all \r\nmembers and officers of the corporation whose personal action it seeks to \r\nrestrain. \r\nInterlocutory Orders  \r\n6. Power to order interim sale .– The Court may, on the application of any \r\nparty to a suit, order the sale, by any person named in such order, and in such \r\nmanner and on such terms as it thinks fit, of any movable property, being the \r\nsubject­matter of such suit, or attached before judgment in such suit, which is \r\nsubject to speedy and natural decay, or which for any other just and sufficient \r\ncause it may be desirable to have sold at once. \r\n7. Detention, preservation , inspection, etc., of subject­matter of suit .– (1) \r\nThe Court may, on the application of any party to a suit, and on such terms as it \r\nthinks fit,– \r\n(a ) make an order for the detention, preservation or inspection of any \r\nproperty which is the subject­matter of such suit, or as to which any \r\nquestion may arise therein; \r\n(b ) for all or any of the purposes aforesaid authorize any person to \r\nenter upon or into any land or building in the possession of any other \r\nparty to such suit; and \r\n(c) for all or any of the purposes aforesaid authorize any samples \r\nto be taken, or any observation to be made or experiment to be \r\ntried, which may seem necessary or expedient for the purpose of \r\nobtaining full information or evidence. \r\n(2) The provisions as to execution of process shall apply, mutatis \r\nmutandis, to persons authorized to enter under this rule. \r\n                                                \r\n1Inserted by the Code of Civil Procedure (Amendment) Act, 1976 (XV of 1976); assented to by the President on 15 April 1976; \r\nand, was published in the Gazette of Pakistan (Extraordinary), dated: 19 April 1976, p. 229, s. 2. \r\n2Substituted for the words “six months” by the Notification No. 65/Legislation/XI -Y-26, dated: 26 March 2007; issued by the \r\nLahore High Court, Lahore, published in the Punjab Weekly Gazette, Part -III, dated: 4 July 2007, pp. 16 -18, r. 3. They were \r\nearlier substituted for the words “sixty days” by the Code of Civil Procedure (Amendment) Ordinance, 1977 (XXV of 1977), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 13 July 1977, pp. 427-428, s. 2. \r\n8. Application for such orders to be after notice .– (1) An application by the \r\nplaintiff for an order under rule 6 or rule 7 may be made after notice to the \r\ndefendant at any time after institution of the suit. \r\n(2) An application by the defendant for a like order may be made after \r\nnotice to the plaintiff at any time after appearance. \r\n9. When party may be put in immediate possession of land the \r\nsubject­matter of suit .– Where land paying revenue to Government, or a tenure \r\nliable to sale, is the subject­matter of a suit, if the party in possession of such \r\nland or tenure neglects to pay the Government revenue, or the rent due to the \r\nproprietor of the tenure, as the case may be, and such land or tenure is \r\nconsequently ordered to be sold, any other party to the suit claiming to have an \r\ninterest in such land or tenure may, upon payment of the revenue or rent due \r\npreviously to the sale (and with or without security at the discretion of the Court), \r\nbe put in immediate possession of the land or tenure;  \r\nand the Court in its decree may award against the defaulter the amount \r\nso paid, with interest thereon at such rate as the Court thinks fit, or may charge \r\nthe amount so paid, with interest thereon at such rate as the Court orders, in \r\nany adjustment of accounts which may be directed in the decree passed in the \r\nsuit. \r\n10. Deposit of money, etc., in Court .– Where the subject­matter of a suit is \r\nmoney or some other thing capable of delivery and any party thereto admits that \r\nhe holds such money or other thing as a trustee for another party, or that it \r\nbelongs or is due to another party, the Court may order the same to be deposited \r\nin Court or delivered to such last­named party, with or without security, subject \r\nto the further direction of the Court. \r\nORDER XL \r\nAppointment of Receivers \r\n1. Appointment of receivers .– (1) Where it appears to the Court to be just \r\nand convenient, the 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 \r\nreceiver; and \r\n(d) confer upon the receiver all such powers as to bringing and \r\ndefending suits and for the realisation, management, protection, \r\npreservation and improvement of the property, the collection of the \r\nrents and profits thereof, the application and disposal of such rents \r\nand profits, and the execution of documents as the owner himself \r\nhas, or such of those powers as the Court thinks fit. \r\n(2) Nothing in this rule shall authorize the Court to remove from the \r\npossession or custody of property any person whom any party to the suit has not \r\na present right so to remove. \r\n2. Remuneration.– The Court may by general or special order fix the \r\namount to be paid as remuneration for the services 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 \r\naccount for what he shall receive in respect of the property; \r\n(b) submit his accounts at such periods and in such form as the Court \r\ndirects; \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 \r\nwilful default or gross 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 \r\nCourt directs, or \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, \r\nand may apply the proceeds to make good any amount found to be due from him \r\nor any loss occasioned by him, and shall pay the balance (if any) to the receiver. \r\n5. When Collector may be appointed receiv er.– Where the property is land \r\npaying revenue to the Government, or land of which the revenue has been \r\nassigned or redeemed, and the Court considers that the interests of those \r\nconcerned will be promoted by the management of the Collector, the Court may, \r\nwith the consent of the Collector, appoint him to be receiver of such property. \r\nORDER XLI \r\nAppeals from Original Decrees \r\n1. Form of appeal. What to accompany memorandum .– (1) Every appeal \r\nshall be preferred in the form of a memorandum signed by the appellant or his \r\npleader and presented to the Court or to such officer as it appoints in this behalf. \r\nThe memorandum shall be accompanied by a copy of the decree appealed from \r\nand (unless the Appellate Court dispenses therewith) of the judgment on which \r\nit is founded. \r\n1\r\n[Provided that when two or more cases are tried together and decided by \r\nthe same judgment, and two or more appeals are filed against the decree s, \r\nwhether by the same or different appellants, the officer appointed in this behalf \r\nmay, if satisfied that  the questions for decision are analogous in each appeal, \r\ndispense with the production of more than one copy of the judgment.]  \r\n                                                \r\n1Added by the Notification No. 631 -Gaz./XI.-Y.-1, dated: 7 December 1932; issued by the High Court of Judicature at Lahore; \r\nand, was published in the Government Gazette Punjab and its Dependencies, Part -III, dated: 16 Decemb er 1932, pp. 2125 -\r\n2126. \r\n(2) Contents of memorandum .– The memorandum shall set forth, \r\nconcisely and under distinct heads, the grounds of objection to the decree \r\nappealed from without any argument or narrative; and such grounds shall be \r\nnumbered consecutively. \r\n2. Grounds which may be taken in appeal .– The appellant shall not, except \r\nby leave of the Court, urge or be heard in support of any ground of objection not \r\nset forth in the memorandum of appeal; but the Appellate Court, in deciding the \r\nappeal, shall not be confined to the grounds of objection set forth in the \r\nmemorandum 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 \r\nunless the party who may be affected thereby has had a sufficient opportunity of \r\ncontesting the case on that ground. \r\n3. Rejection or amendment of memorandum .– (1) Where the memorandum \r\nof appeal is not drawn up in the manner hereinbefore prescribed, it may be \r\nrejected, or be returned to the appellant for the purpose of being amended within a \r\ntime 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 \r\nfor such rejection. \r\n(3) Where a memorandum of appeal is amended, the Judge, or such \r\nofficer as he appoints in this behalf, shall sign or initial the amendment. \r\n4. One of several plaintiffs or defendants may obtain reversal of whole \r\ndecree where it proceeds on ground common to all .– Where there are more \r\nplaintiffs or more defendants than one in a suit, and the decree appealed from \r\nproceeds on any ground common to all the plaintiffs or to all the defendants, any \r\none of the plaintiffs or of the defendants may appeal from the whole decree, \r\nand thereupon the Appellate Court may reverse or vary the decree in favour \r\nof all the plaintiffs or defendants, as the case may be. \r\nStay of proceedings and of execution \r\n5. Stay by Appellate Court .– (1) An appeal shall not operate as a stay of \r\nproceedings under a decree or order appealed from except so far as the \r\nAppellate Court may order, nor shall execution of a decree be stayed by reason \r\nonly of an appeal having been preferred from the decree; but the Appellate Court \r\nmay for sufficient cause order stay of execution of such decree. \r\n(2) Stay by Court which passed the decree .– Where an application is \r\nmade for stay of execution of an appealable decree before the expiration of the \r\ntime allowed for appealing therefrom, the Court which passed the decree may on \r\nsufficient cause being shown order the execution to be stayed. \r\n(3) No order for stay of execution shall be made under sub­rule (1) or \r\nsub­rule (2) unless the Court making it is satisfied– \r\n(a) that substantial loss may result to the party applying for stay of \r\nexecution unless the 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 \r\nperformance of such decree or order as may ultimately be binding \r\nupon him. \r\n(4) Notwithstanding anything contained in sub­rule (3), the Court may \r\nmake an ex parte order for stay of execution pending the hearing of the \r\napplication. \r\n6. Security in case of order for execution of decree appealed from .– (1) \r\nWhere an order is made for the execution of a decree from which an appeal is \r\npending, the Court which passed the decree shall, on sufficient cause being \r\nshown by the appellant, require security to be taken for the restitution of any \r\nproperty which may be or has been taken in execution of the decree or for the \r\npayment of the value of such property and for the due performance of the decree \r\nor order of the Appellate Court, or the Appellate Court may for like cause direct \r\nthe Court which passed the decree to take such security. \r\n(2) Where an order has been made for the sale of immovable property \r\nin execution of a decree, and an appeal is pending from such decree, the sale \r\nshall, on the application of the judgment­debtor to the Court which made the \r\norder, be stayed on such terms as to giving security or otherwise as the Court \r\nthinks fit until the appeal is dispose of. \r\n1\r\n[7. No security to be required from the Government or a public officer in \r\ncertain cases.– * * * * * * * * * * * * * * * * * * * *   ] \r\n8. Exercise of powers in appeal from order made in execution of decr ee.– \r\nThe powers conferred by Rules 5 and 6 shall be exercisable where an appeal \r\nmay be or has been preferred not from the decree but from an order made in \r\nexecution of such decree[:]\r\n2 \r\n3\r\n[Provided that, where such appeal has been preferred by the \r\njudgment­debtor, he shall be required, unless the Court is of opinion that prima \r\nfacie the appeal is one which must succeed owing to an error apparent on the face \r\nof the record,– \r\n(a) in the case of a decree for the payment of money, to deposit the \r\ndecretal amount or to furnish security for its payment; and \r\n(b) in the case of any other decree, to furnish security for the due \r\nperformance of the decree.] \r\nProcedure on admission of appeal \r\n9. Registry of memorandum of appeal .– (1) Where a memorandum of \r\nappeal is admitted, the Appellate Court or the proper officer of that Court shall \r\nendorse thereon the date of presentation, and shall register the appeal in a book \r\nto be kept for the purpose. \r\n                                                \r\n1Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India \r\n(Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n2Substituted for the “full stop ” by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan \r\n(Extraordinary), dated: 14 April 1972, pp. 526-583, s. 2 read with the Schedule. \r\n3Added ibid. \r\n(2) Register of Appeals .– Such book shall be called the Register of \r\nAppeals. \r\n10. Appellate Court may require appellant t o furnish security for costs .– (1) \r\nThe Appellate Court may in its discretion, either before the respondent is called \r\nupon to appear and answer or afterwards on the application of the respondent, \r\ndemand from the appellant security for the costs of the appeal, or of the original \r\nsuit, or of both: \r\nWhere appellant resides out of  \r\n1\r\n[Pakistan].– Provided that the Court shall \r\ndemand such security in all cases in which the appellant is residing out of \r\n2\r\n[ Pakistan] and is not possessed of any sufficient immovable property within \r\n3\r\n[ 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 \r\norders, the Court shall reject the appeal. \r\n11. Power to dismiss appeal without sending notice to Lo wer Court .– (1) \r\nThe Appellate Court, after sending for the record if it thinks fit so to do, and after \r\nfixing a day for hearing the appellant or his pleader and hearing him accordingly if \r\nhe appears on that day, may dismiss the appeal without sending notice to the \r\nCourt from whose decree the appeal is preferred and without serving notice \r\non the respondent or his pleader. \r\n(2) If on the day fixed or any other day to which the hearing may be \r\nadjourned the appellant does not appear when the appeal is called on for \r\nhearing, the Court may make an order that the appeal be dismissed. \r\n(3) The dismissal of an appeal under this rule shall be notified to the \r\nCourt from whose decree the appeal is preferred. \r\n12. Day for hearing appeal .– (1) Unless the Appellate Court dismisses the \r\nappeal under rule 11, it shall fix a day for hearing the appeal. \r\n(2) Such day shall be fixed with reference to the current business of \r\nthe Court, the place of residence of the respondent, and the time necessary for \r\nthe service of the notice of appeal, so as to allow the respondent sufficient time \r\nto appear and answer the appeal on such day. \r\n13. Appellate Court to give notice to Court whose decree appealed from .– \r\n(1) Where the appeal is not dismissed under rule 11, the Appellate Court shall \r\nsend notice of the appeal to the Court from whose decree the appeal is \r\npreferred. \r\n(2) Transmission of papers to Appellate Court .– Where the appeal is \r\nfrom the decree of a Court, the records of which are not deposited in the \r\n                                                \r\n1Substituted for the words “the Provinces and the Capital of the Federati on\" by the Central Laws (Statute Reform) Ordinance, \r\n1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan \r\n(Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came  into force on 14 October 1955. \r\nThey were earlier substituted for the words “British India” by  the Adaptation of Central Acts and Ordinances Order, 1949 \r\n(G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read \r\nwith Article 4. \r\n2Ibid. \r\n3Ibid.  \r\nAppellate Court, the Court receiving such notice shall send with all practicable \r\ndespatch all material papers in the suit, or such papers as may be specially \r\ncalled for by the Appellate Court. \r\n(3) Copies of exhibits in Court whose decree appealed from. – Either \r\nparty may apply in writing to the Court from whose decree the appeal is preferred, \r\nspecifying any of the papers in such Court of which he requires copies to be \r\nmade; and copies of such papers shall be made at the expense of, and given to, \r\nthe applicant. \r\n14. Publication and service of notice of day for hearing appeal. – (1) Notice \r\nof the day fixed und er rule 12 shall be affixed in the Appellate Court­house; \r\nand a like notice shall be sent by the Appellate Court to the Court from whose \r\ndecree the appeal is preferred, and shall be served on the respondent or on his \r\npleader 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 \r\nto such summons, and to proceedings with reference to the service thereof, shall \r\napply to the service of such notice. \r\n(2) Appellate Court may itself cause notice to be served .– Instead of \r\nsending the notice to the Court from whose decree the appeal is preferred, the \r\nAppellate court may itself cause the notice to be served on the respondent or his \r\npleader under the provisions above referred to. \r\n1\r\n[(3) It shall be in the discretion of the Appellate Court to make an order, a t \r\nany stage of the appeal whether on the application of any party or on its own \r\nmotion, dispensing with service of such notice on any respondent who did not \r\nappear, either at the hearing in the Court whose decree is complained of, or at any \r\nproceedings sub sequent to the decree of that Court, or on the legal representatives \r\nof any such respondent:  \r\nProvided that– \r\n(a) the Court may require notice of the appeal to be published in any  \r\nnewspaper or newspapers or in such other manner as it may direct;  \r\n(b) no such order shall preclude any such respondent or legal \r\nrepresentative from appearing to contest the appeal.]  \r\n15. Contents of notice .– The notice to the respondent shall declare that, if he \r\ndoes not appear in the Appellate Court on the day so fixed, the appeal will be \r\nheard ex parte. \r\nProcedure on hearing \r\n16. Right to begin .– (1) On the day fixed, or on any other day to which the \r\nhearing may be adjourned, 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 \r\nthe respondent against the appeal, and in such case the appellant shall be entitled \r\nto reply. \r\n                                                \r\n1Inserted by the Notification No.319 -R-XI-Y-1,  dated: 13 November 1943; issued by the High Court of Judicature at Lahore; \r\nand, was published in the Punjab Gazette, Part-III, dated: 19 November 1943, p. 627. \r\n17. Dismissal of appeal for appellant‟s default .– (1) Where on the day fixed, \r\nor on any other day to which the hearing may be adjourned, the appellant does \r\nnot appear when the appeal is called on for hearing, the Court may make an order \r\nthat the appeal be dismissed. \r\n(2) Hearing appeal ex parte .– Where the appellant appears and the \r\nrespondent does not appear, the appeal shall be heard ex parte. \r\n18. Dismissal of appeal where notice not served in consequence of \r\nappellant‟s failure to deposit costs .– Where on the day fixed, or on any other \r\nday to which the hearing may be adjourned, it is found that the notice to the \r\nrespondent has not been served in consequence of the failure of the appellant \r\nto deposit, within the period fixed, the sum required to defray the cost of serving \r\nthe notice, the Court may make an order that the appeal be dismissed: \r\nProvided that no such order shall be made although the notice has not \r\nbeen served upon the respondent, if on any such day the respondent appears \r\nwhen the appeal is called on for hearing. \r\n19. Re-admission of appeal dismissed for default .– \r\n1\r\n[(1)] Where an appeal is \r\ndismissed under rule 11, sub­rule (2), or rule 17 or rule 18, the appellant may \r\napply to the Appellate Court for the re­admission of the appeal; and where it is \r\nproved that he was prevented by any sufficient cause from appearing when the \r\nappeal 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\n2\r\n[(2) The provisions of section 5 of the Limitation Act 1908 (IX of \r\n1908), shall apply to an application for re­admission of an appeal dismissed \r\nunder sub­rule (2) of rule 11 or sub­rule (1) of rule 17.] \r\n20. Power to adjourn hearing and direct persons appearing interested to \r\nbe made respondents .– Where it appears to the Court at the hearing that any \r\nperson who was a party to the suit in the Court from whose decree the appeal is \r\npreferred, but who has not been made a party to the appeal, is interested in the \r\nresult of the appeal, the Court may adjourn the hearing to a future day to be \r\nfixed by the Court and direct that such person be made a respondent. \r\n21. Re-hearing on application of respondent against whom ex parte decree \r\nmade.– \r\n3\r\n[(1)] Where an appeal is heard ex parte and judgment is pronounced \r\nagainst the respondent, he may apply to the Appellate Court to re­hear the \r\nappeal; and, if he satisfies the Court that the notice was not duly served or that he \r\nwas prevented by sufficient cause from appearing when the appeal was called on \r\nfor hearing, the Court shall re­hear the appeal on such terms as to costs or \r\notherwise as it thinks fit to impose upon him. \r\n4\r\n[(2) The provisions of section of 5 of the Limitation Act, 1908 (IX of \r\n1908), shall apply to applications under sub­rule (1).] \r\n                                                \r\n1Renumbered  by the Code of  Civil Procedure (Amendment) Act, 1989 (IV of 1990); assented to by the President on 4 January \r\n1990; and, was published in the Gazette of Pakistan (Extraordinary), dated: 8 January 1990, pp. 5-6,  s. 2. \r\n2Added ibid. \r\n3Re­numbered ibid. \r\n4Added ibid. \r\n22. Upon hearing, respondent may be object to decree as if he had \r\npreferred separate appeal .– (1) Any respondent, though he may not have \r\nappealed from any part of the decree, may not only support the decree on any \r\nof the grounds decided against him in the Court below, but take any cross­ \r\nobjection to the decree which he could have taken by way of appeal, \r\nprovided he has filed such objection in the Appellate Court within one month \r\nfrom the date of service on him or his pleader of notice of the day fixed for \r\nhearing the appeal, or within such further time as the Appellate Court may see fit \r\nto allow. \r\n(2) Form of objection and provisions applicable thereto .– Such \r\ncross­objection shall be in the form of a memorandum, and the provisions of rule \r\n1, so far as they relate to the form and contents of the memorandum of appeal, \r\nshall apply thereto. \r\n(3) Unless the respondent files with the objection a written \r\nacknowledgment from the party who may be affected by such objection or his \r\npleader of having received a copy thereof, the Appellate Court shall cause a \r\ncopy to be served, as soon as may be after the filing of the objection, on such \r\nparty or his pleader at the expense of the respondent. \r\n(4) Where, in any case in which any respondent has under this rule \r\nfiled a memorandum of objection, the original appeal is withdrawn or is \r\ndismissed for default, the objection so filed may nevertheless be heard and \r\ndetermined 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 \r\nmade applicable, apply to an objection under this rule. \r\n23. Remand of case by Appellate Court .– Where the Court from whose \r\ndecree an appeal is preferred has disposed of the suit upon a preliminary point \r\nand the decree is reversed in appeal, the Appellate Court may, if it thinks fit, by \r\norder remand the case, and may further direct what issue or issues shall be tried \r\nin the case so remanded, and shall send a copy of its judgment and order to the \r\nCourt from whose decree the appeal is preferred, with directions to re­admit the \r\nsuit under its original number in the register of civil suits, and proceed to \r\ndetermine the suit; and the evidence (if any) recorded during the original trial \r\nshall, subject to all just exceptions, be evidence during the trial after remand. \r\n1\r\n[23-A.  * * * * * * * * * * * * * * * * * * * * * *   ] \r\n24. Where evidence on record sufficient, Appellate Cou rt may determine \r\ncase finally .– Where the evidence upon the record is sufficient to enable the \r\nAppellate Court to pronounce judgment, the Appellate Court may, after resettling \r\nthe issues, if necessary, finally determine the suit, notwithstanding that the \r\njudgment 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\n                                                \r\n1Omitted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  was \r\npublished in the Punjab Weekly Gazette, Part-III, dated: 22 August 2018, pp. 270-286, r. 21: It came into force on 1 November \r\n2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, Part -III, \r\ndated: 28 October 2020, p. 225 . It was earlier a dded by the Notification No. 216 -R-XI-Y.-I/XI-Y.-25, dated: 4  August 1938; \r\nissued by the High Court of Judicature at Lahore; and, was  published in the Government Gazette, Punjab, dated: 12 August \r\n1938, Part-III, p. 477. \r\n25. Where Appellate Court may frame issues and refer them for trial to \r\nCourt whose decree appealed f rom.– Where the Court from whose decree the \r\nappeal is preferred has omitted to frame or try any issue, or to determine any \r\nquestion of fact, which appears to the Appellate Court essential to the right \r\ndecision 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 \r\npreferred, and in such case shall direct such Court to take the additional evidence \r\nrequired; \r\nand such Court shall proceed to try such issues, and shall return the \r\nevidence to the Appellate Court together with its findings thereon and the reasons \r\ntherefor. \r\n26. Findings and evidence to be put on record. – Objections to findings .– \r\n(1) Such evidence and findings shall form part of the record in the suit; and either \r\nparty may, within a time to be fixed by the Appellate Court, present a \r\nmemorandum of objections to any findings. \r\n(2) Determination of appeal .– After the expiration of the period so \r\nfixed for presenting such memorandum the Appellate Court shall proceed to \r\ndetermine the appeal. \r\n1\r\n[27. Production of additional evidence in Appellate Court .– The Appellate \r\nCourt, after recording reasons, allow the parties to an appeal to produce additional \r\nevidence, whether oral or documentary:  \r\n(a) if the Court from whose decree the appeal has been preferred, has \r\nrefused to admit evidence which ought to have been admitted; \r\n(b) the Appellate Court, on being satisfied that the additional evidence has \r\nbeen available but could not be produced before the trial Court for \r\nreasons beyond the control of the party seeking its production; or \r\n(c) the Appellate Court itself requires any such evidence so as to enable it \r\nto pronounce a judgment.] \r\n28. Mode of taking additional evi dence.– Wherever additional evidence is \r\nallowed to be produced, the Appellate Court may either take such evidence, or \r\ndirect the Court from whose decree the appeal is preferred, or any other \r\nsubordinate Court, to take such evidence and to send it when taken to the \r\nAppellate Court. \r\n29. Points to be defined and recorded .– Where additional evidence is \r\ndirected or allowed to be taken, the Appellate Court shall specify the points to \r\nwhich the evidence is to be confined, and record on its proceedings the points so \r\nspecified. \r\nJudgment in appeal  \r\n30. Judgment when and where pronounced .– The Appellate Court, after \r\nhearing the parties or their pleaders and referring to any part of the \r\n                                                \r\n1Substituted by the Notification No. 237/Legis/XI -Y-26, dated: 15 August 2018; issued by the Lah ore High Court, Lahore; and,  \r\nwas published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. 21: It came into force on 1 \r\nNovember 2020 through Notification No. 250/Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, \r\nPart-III, dated: 28 October 2020, p. 225. \r\nproceedings, whether on appeal or in the Court from whose decree the appeal is \r\npreferred, to which reference may be  considered necessary, shall pronounce \r\njudgment in open Court, either at once or on some future day, of which notice \r\nshall be given to the parties or their pleaders. \r\n31. Contents, date and signature of judgment .– The judgment of the \r\nAppellate Court shall be in 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 \r\nwhich the appellant is entitled; \r\nand shall at the time that it is pronounced be signed and dated by the Judge \r\nor by the Judges concurring therein. \r\n32. What judgment may direct .– The judgment may be for confirming, varying \r\nor reversing the decree from which the appeal is preferred, or, if the parties to the \r\nappeal agree as to the form which the decree in appeal shall take, or as to the \r\norder to be made in appeal, the Appellate Court may pass a decree or make an \r\norder accordingly. \r\n33. Power of Court of Appeal .– The Appellate Court shall have power to \r\npass any decree and make any order which ought to have been passed or \r\nmade and to pass or make such further or other decree or order as the case may \r\nrequire, and this power may be exercised by the Court no twithstanding that the \r\nappeal is as to part only of the decree and may be exercised in favour of all or \r\nany of the respondents or parties, although such respondents or parties may not \r\nhave filed any appeal or objection. \r\n1\r\n[Provided that the Appellate Court shall not make any order under section \r\n35A, in pursuance of any objection on which the Court from whose decree the \r\nappeal is preferred has omitted or refused to 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 \r\nboth obtains a decree against X. X appeals and A and Y are respondents. The \r\nAppellate Court decides in favour of X. It has power to pass a decree against Y. \r\n34. Dissent to be recorded .– Where the appeal is heard by more Judges \r\nthat one, any Judge dissenting from the judgment of the Court shall state in \r\nwriting the decision or order which he thinks should be passed on the appeal, and \r\nhe 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 \r\nbear date the day on which the judgment was pronounced. \r\n                                                \r\n1Inserted by the Civil Procedure (Amendment) Act, 1922 (IX of 1922), published in the Gazette of India, dated: 11 March 1922, \r\np. 37, s. 4.  \r\n(2) The decree shall contain the number of the appeal, the names and \r\ndescriptions of the appellant and respondent, and a clear specification of the relief \r\ngranted or other adjudication made. \r\n(3) The decree shall also state the amount of costs incurred in the \r\nappeal, and by whom, or out of what property, and in what proportions such costs \r\nand 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 \r\npassed it: \r\nJudge dissenting from judgment need not sign decree .– Provided that \r\nwhere there are more Judges than one and there is a difference of opinion \r\namong them, it shall not be necessary for any Judge dissenting from the \r\njudgment of the Court to sign the decree. \r\n1\r\n[Provided also in the case of the High Court, that the Registrar, or such \r\nother officer as may be in charge of the Judicial Department from time to time, shall \r\nsign the decree on behalf of the Judge or Judge s who passed it , but that such \r\nRegistrar, or such officer , shall not sign such decree on behalf of a dissenting \r\nJudge.] \r\n36. Copies of judgment and dec ree to be furnished to parties .– Certified \r\ncopies of the judgment and decree in appeal shall be furnished to the parties on \r\napplication to the Appellate Court and at their expense. \r\n37. Certified copy of decree to be sent to Court whose decree appealed \r\nfrom.– A copy of the judgment and of the decree, certified by the Appellate \r\nCourt or such officer as it appoints in this behalf, shall be sent to the Court \r\nwhich passed the decree appealed from and shall be filed with the original \r\nproceedings in the suit, and an entry of the judgment of the Appellate Court shall \r\nbe made in the register of civil suits. \r\n2\r\n[38.(1) An ad dress for service filed under Order VII, Rule 19 , or Order VIII, Rule \r\n11, or subsequently altered under Order VII , Rule 24, or Order VIII , Rule 12, shall \r\nhold good during all appellate proceedings arising out of the original suit or petition.  \r\n \r\n3\r\n[(2) The notice of appeal and other processes connected with proceedings \r\ntherein shall issue to the addresses mentioned in clause (1) above , and service \r\neffected at such addresses shall be as effective as if it had been made personally \r\non the appellant or respondent, as the case may be. ] \r\n (3) Rules 21, 22, 23, 24 and 25 of Order VII  shall apply, so far as may be, \r\nto appellate proceedings.]  \r\n                                                \r\n1Substituted by the Notification No. 20 -R/XI-Y-1, dated: 2 9 January 1937; issued by the High Court of Judicature at Lahore; \r\nand, was published in the Government Gazette Punjab and its Dependencies, dated: 5 February 1937, Part -III, pp. 77 -78. It \r\nwas earlier inserted by the Notification No. 135 -G, dated: 9 April 1 921; issued by the High Court of Judicature at Lahore; and, \r\nwas published in the Government Gazette Punjab and its Dependencies, dated: 15 April 1921, Part-III, p. 458. \r\n2Added by the Notification No. 567 -G, dated: 24 November 1927; issued by the High Court  of Judicature at Lahore; and, was \r\npublished in the Government Gazette Punjab and its Dependencies, dated: 9 December 1927, Part-III, pp. 1588-1589. \r\n3Substituted by the Notification No. 20 -R/XI-Y-1, dated: 29 January 1937; issued by the High Court of Judic ature at Lahore; \r\nand, was published in the Government Gazette Punjab and its Dependencies, dated: 5 February 1937, Part-III, pp. 77-78. \r\nORDER XLII \r\nAppeals from Appellate Decrees \r\n1. Procedure.– The rules of Order XLI shall apply, so far as may be, to \r\nappeals from Appellate decrees. \r\n1\r\n[2. In addition to the copies specified in Order XLI, Rule 1, the memorandum of \r\nappeal shall be accompanied by a copy of the judgme nt of the Court of first \r\ninstance, unless the appellate Court dispenses therewith.]   \r\nORDER XLIII \r\nAppeals from Orders \r\n1. Appeals from orders .– An appeal shall lie from the following orders under \r\nthe provisions of section 104, namely:– \r\n2\r\n[(a) * * * * * * * * * * * * * * * * * * * * *   ] \r\n(b) an order under rule 10 of Order VIII pronouncing judgment against a \r\nparty; \r\n3\r\n[(c) * * * * * * * * * * * * * * * * * * * * *   ] \r\n(d) an order under rule 13 of Order IX rejecting an application (in a case \r\nopen to appeal) for an order to set aside a decree passed ex parte; \r\n4\r\n[(e) * * * * * * * * * * * * * * * * * * * * *    \r\n(f) * * * * * * * * * * * * * * * * * * * * *    \r\n(g) * * * * * * * * * * * * * * * * * * * * *    \r\n(h) * * * * * * * * * * * * * * * * * * * * *    \r\n(i) * * * * * * * * * * * * * * * * * * * * *   ] \r\n5\r\n[(ii) an order under rule 62 or rule 103 of Order XXI relating to the right, \r\ntitle or interest of the claimant or objector in attached property;] \r\n(j) an order under \r\n6\r\n[* * *]  rule 92 of Order XXI setting aside or refusing to \r\nset aside a sale; \r\n                                                \r\n1Substituted by the Notification No. 138 -G, dated: 19 March 1926; issued by the High Court of Judicature at Lahore; and,  was \r\npublished in the Government Gazette Punjab and its Dependencies, dated: 26 March 1926, Part-III, p. 264. It was earlier added \r\nby the Notification No. 4685-G, dated: 17 October 1919; issued by the High Court of Judicature at Lahore; and, was published \r\nin the Government Gazette Punjab and its Dependencies, dated: 24 October 1919, Part-III, p. 1426. \r\n2Omitted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  was \r\npublished in the Punjab Weekly Gazette, Part-III, dated: 22 August 2018, pp. 270-286, r. 22: It came into force on 1 November \r\n2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, Part -III, \r\ndated: 28 October 2020, p. 225. \r\n3Ibid. \r\n4Ibid. \r\n5Added by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 \r\nApril 1972, pp. 526-583, s. 2 read with the Schedule. \r\n6The expression “ rule 72 or ” was omitted  by the Notification No. 237/Legis/ XI-Y-26, dated: 15 August 2018; issued by the \r\nLahore High Court, Lahore; and, was published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, r. \r\n22: It came into force on 1 November 2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published in \r\nthe Punjab Weekly Gazette, Part-III, dated: 28 October 2020, p. 225. \r\n1\r\n[(k) * * * * * * * * * * * * * * * * * * * * *    \r\n(l) * * * * * * * * * * * * * * * * * * * * *    \r\n(m) * * * * * * * * * * * * * * * * * * * * *    \r\n(n) * * * * * * * * * * * * * * * * * * * * *    \r\n(o) * * * * * * * * * * * * * * * * * * * * *   ] \r\n(p) orders in interpleader­suits under rule 3, rule 4 or rule 6 of Order \r\nXXXV; \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(t) an order of refusal under rule 19 of Order XLI to re-admit, or under \r\nrule 21 of Order XLI to re­hear, an appeal; \r\n(u) an order under rule 23 \r\n2\r\n[or rule 23-A] of Order XLI remanding a case, \r\nwhere an appeal would lie from the decree of the Appellate Court; \r\n3\r\n[(v) * * * * * * * * * * * * * * * * * * * * *   ] \r\n(w) an order under rule 4 of Order XLVII granting an application for review \r\n4\r\n[:] \r\n5\r\n[Provided that the appellant, while filing an appeal under this Order shall \r\nalong with the memorand um of appeal, furnish copies of the pleadings, order sheet \r\nof the subordinate Court and all necessary documents. ] \r\n6\r\n[2. Record of the trial Court .– It shall not be necessary for the Appellate \r\nCourt to call for the record of the trial Court, unless it, for r easons to be \r\nrecorded, requires the record for decision of the appeal. ] \r\n7\r\n[3. Notice before presentation of appeal .–  * * * * * * * * * * *   ] \r\n8\r\n[4. Application of Rule 3 .– * * * * * * * * * * * * * * * *  ] \r\n                                                \r\n1Omitted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  was \r\npublished in the Punjab Weekly Gazette, Part-III, dated: 22 August 2018, pp. 270-286, r. 22: It came into force on 1 November \r\n2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, Part -III, \r\ndated: 28 October 2020, p. 225. \r\n2Inserted by the Notification No. 216 -R-XI-Y.-I/XI-Y.-25, dated: 4 August 1938; issued by the High Court of Judicature at \r\nLahore; and, was  published in the Government Gazette, Punjab, dated: 12 August 1938, Part-III, p. 477. \r\n3Omitted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and,  was \r\npublished in the Punjab Weekly Gazette, Part-III, dated: 22 August 2018, pp. 270-286, r. 22: It came into force on 1 November \r\n2020 through Notification No. 250/ Legis/XI-Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, Part -III, \r\ndated: 28 October 2020, p. 225. \r\n4Substituted for the “full-stop” ibid. \r\n5Inserted ibid. \r\n6Substituted ibid. \r\n7Omitted ibid. It was earlier added by the Code of Civil Proc edure (Amendment) Ordinance, 1980 (X of 1980), published in the \r\nGazette of Pakistan (Extraordinary), dated: 26 March 1980, s. 14. \r\n8Omitted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018; issued by the Lahore High Court, Lahore; and, was \r\npublished in the Punjab Weekly Gazette, Part-III, dated: 22 August 2018, pp. 270-286, r. 22: It came into force on 1 November \r\n1\r\n[ORDER XLIV \r\nPauper Appeals]  \r\nORDER XLV \r\nAppeals to the \r\n2\r\n[SUPREME COURT] \r\n3\r\n[1. “Decree” defined .– In this Order, unless there is something repugnant in \r\nthe subject or context, the expression “decree” shall include a judgment or a final \r\nOrder.] \r\n2. Application to Court whose decree complained of. – Whoever desires to \r\nappeal to \r\n4\r\n[the Supreme Court] shall apply by petition to the Court whose decree is \r\ncomplained of. \r\n3. Certificate as to value or fitness .– \r\n5\r\n[(1) A petition made under rule 2 \r\nshall briefly state the grounds of appeal and pray for a certificate.] \r\n(2) Upon receipt of such petition, the Court shall direct notice to be \r\nserved on the opposite party to show cause why the said certificate should not be \r\ngranted \r\n6\r\n[:] \r\n7\r\n[Provided that no notice shall be directed to be served on or given to the \r\nopposite party or to the legal representative of a deceased opposite party in a \r\ncase where such opposite party did not appear either at the hearing in the Court \r\nwhose decree is complained of or at any proceedings subsequent to the decree \r\nof that Court.] \r\n8\r\n[(3) The court may, if the opposite party in response to the notice \r\nissued under sub­rule (2) appears, after hearing both the parties, or if the \r\nopposite party does not appear in response to such notice, then after hearing the \r\nparty making the petition, grant or refuse the certificate. \r\n                                                                                                                                                  \r\n2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, published in the Punjab Weekly Gazette, Part -III, \r\ndated: 28 October 2020, p. 225. \r\n1Ibid., r.23. \r\n2Substituted for the words “King in Council” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the \r\nMinister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, \r\nwas published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the \r\nSchedule: it came into force on 23 March 1956. \r\n3Substituted by the Federal Adaptation of Laws Order, 1975 ( P.O. No. 4 of 1975), published in Gazette of Pakistan \r\n(Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Schedule. \r\n4Substituted for the words “His Majesty in Council” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961);  made by \r\nthe Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; \r\nand, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with th e \r\nSchedule: it came into force on 23 March 1956. \r\n5Substituted by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in Gazette of Pakistan \r\n(Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Schedule. \r\n6Substituted ibid., for the “full stop”. \r\n7Added ibid. \r\n8Ibid. \r\n(4) If on the date fixed for the hearing, the party making the petition \r\ndoes not appear and the opposite party appears in response to such notice or if \r\nboth the parties do not appear on such date, the petition shall be dismissed.] \r\n4. Consolidation of suits .– For the purposes of pecuniary valuation, suits \r\ninvolving substantially the same questions for determination and decided by the \r\nsame judgment may be consolidated: but suits decided by separate judgments \r\nshall not be consolidated, notwithstanding that they involve substantially the \r\nsame questions for determination. \r\n5. Remission of dispute to Court of first instance .– In the event of any \r\ndispute arising between the parties as to the amount or value of the subject­matter \r\nof the suit in the Court of first instance, or as to the amount or value of the \r\nsubject-matter in dispute on appeal to \r\n1\r\n[the Supreme Court], the Court to which a \r\npetition for a certificate is made under rule 2 may, if it thinks fit, refer such dispute \r\nfor report to the Court of first instance, which last­mentioned Court shall proceed \r\nto determine such amount or value and shall return its report together with the \r\nevidence to the Court by which the reference was made. \r\n2\r\n[6. Effect of refusal of certificate.–  * * * * * * * * * * * * *   ] \r\n7. Security and deposit required on grant of certificate .– (1) Where the \r\ncertificate is granted, the applicant shall, within \r\n3\r\n[ninety days or such further \r\nperiod, not exceeding sixty days, as the Court may upon cause shown allow] from \r\nthe date of the decree complained of, or within six weeks from the date of the grant \r\nof the certificate, whichever is the later date– \r\n(a) furnish security \r\n4\r\n[in cash or in Government securities] for the costs of \r\nthe respondent, and \r\n(b) deposit the amount required to defray the expense of translating, \r\ntranscribing, indexing \r\n5\r\n[, printing] and transmitting to \r\n6\r\n[the Supreme \r\nCourt] a correct copy of the whole record of the suit, except– \r\n(1) formal documents directed to be excluded by any \r\n7\r\n[Rule of the \r\nSupreme Court] in force for the time being; \r\n(2) papers which the parties agree to exclude; \r\n                                                \r\n1Substituted  for  the words “His Majesty in Council” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by \r\nthe Minister exercising the functions of President under Article 2 of the S tate Arrangements Order, 1959 on 21 January 1961; \r\nand, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the \r\nSchedule: it came into force on 23 March 1956. \r\n2Omitted by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in Gazette of Pakistan (Extraordinary), \r\ndated: 1 August 1975, pp. 435-467, Article 2 read with the Schedule. \r\n3Substituted for the words “six months” by the Indian Limitation and Code of Civil Procedure (A mendment) Act, 1920 (XXVI of \r\n1920), published in the Gazette of India, dated: 2 September 1920, s. 3. \r\n4Inserted ibid. \r\n5Inserted by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister exercising the functions of \r\nPresident under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was published in the Gazette of \r\nPakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it came into force on 23 \r\nMarch 1956. \r\n6Substituted ibid., for the words “His Majesty in Council”. \r\n7Substituted ibid., for the words “Order of His Majesty in Council” . \r\n(3) accounts, or portions of accounts, which the officer \r\nempowered by the Court for that purpose considers \r\nunnecessary, and which the parties have not specifically asked \r\nto be included; and \r\n(4) such other documents as the High Court may direct to be \r\nexcluded. \r\n1\r\n[Provided that the Court at the time of granting the certificate may, after \r\nhearing any opposite party who appears, order on the ground of special hardship \r\nthat some other form of security may be furnished: \r\nProvided, further, that no adjournment shall be granted to an opposite party \r\nto contest the nature of such security.] \r\n2\r\n[(2) * * * * * * * * * * * * * * * * * * * * *   ] \r\n8. Admission of appeal and procedure thereon .– Where such security has \r\nbeen furnished and deposit 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 \r\n3\r\n[the Supreme Court] under the seal of the Court a \r\ncorrect copy of the said record, except as aforesaid, and \r\n(d) give to either party one or more authenticated copies of any of the \r\npapers in the suit on his applying therefor and paying the reasonable \r\nexpenses incurred in preparing them. \r\n9. Revocation of acceptance of security .– At any time before the admission \r\nof the appeal, the Court may, upon cause shown, revoke the acceptance of any \r\nsuch security, and make further directions thereon. \r\n4\r\n[9A. Power to dispense with notices in case of deceased parties.–* * * *   ] \r\n10. Power to order further securi ty or payment .– Where at any time after \r\nthe admission of an appeal but before the transmission of the copy of the \r\nrecord, except as aforesaid, to \r\n5\r\n[the Supreme Court], such security appears \r\ninadequate,  \r\n                                                \r\n1Added by the Indian Limitation and Code of Civil Procedure (Amendment) Act, 1920 (XXVI of 1920), published in the Gazette \r\nof India, dated: 2 September 1920, s. 3. \r\n2Omitted by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the Minister exercising the functions of \r\nPresident under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was published in the Gazette of \r\nPakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it came into force on 23 \r\nMarch 1956. \r\n3Substituted ibid., for the words “His Majesty in Council”. \r\n4Omitted by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in Gazette of Pakistan (Extraordinary), \r\ndated: 1 August 1975, pp. 435 -467, Article 2 read with the Schedule. It was earlier inserted by the Indian Limitation and Code \r\nof Civil Procedure (Amendment) Act, 1920 (XXVI of 1920), published in the Gazette of India, dated: 2 September 1920, s. 4. \r\n5Substituted for the words “His Majesty in Council” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by \r\nthe Minister exercising the functions of President under Arti cle 2 of the State Arrangements Order, 1959 on 21 January 1961; \r\nand, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the \r\nSchedule: it came into force on 23 March 1956. \r\nor further payment is required for the purpose of translating, transcribing, \r\nprinting, indexing or transmitting the copy of the record, except as aforesaid,  \r\nthe Court may order the appellant to furnish, within a time to be fixed by \r\nthe Court, other and sufficient security, or to make, within like time, the required \r\npayment. \r\n11. Effect of failure to comply with order .– Where the appellant fails to \r\ncomply with such order, the proceedings shall be stayed,   \r\nand the appeal shall not proceed without an order in this behalf of \r\n1\r\n[the \r\nSupreme Court],  \r\nand in the meantime execution of the decree appealed from shall not be \r\nstayed. \r\n12. Refund of balance deposit .– When the copy of the record, except as \r\naforesaid, has been transmitted to \r\n2\r\n[the Supreme Court], the appellant may \r\nobtain a refund of the balance (if any) of the amount which he has deposited \r\nunder rule 7. \r\n13. Powers of Court pending appeal .– (1) Notwithstanding the grant of a \r\ncertificate for the admission of any appeal, the decree appealed from shall be \r\nunconditionally executed, unless the Court otherwise directs. \r\n(2) The Court may, if it thinks fit, on special cause shown by any party \r\ninterested in the suit, or otherwise 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 \r\nfrom the respondent as the Court thinks fit for the due performance \r\nof any order which \r\n3\r\n[the Supreme Court] may make on the appeal, or \r\n(c) stay the execution of the decree appealed from, taking such \r\nsecurity from the appellant as the Court thinks fit for the due \r\nperformance of the decree appealed from, or of any order which \r\n4\r\n[the Supreme Court] may make on the appeal, or \r\n(d) place any party seeking the assistance of the Court under such \r\nconditions or give such other direction respecting the subject­matter \r\nof the appeal, as it thinks fit, by the appointment of a receiver or \r\notherwise. \r\n14. Increase of security found inadequate .– (1) Where at any time during \r\nthe pendency of the appeal the security furnished by either party appears \r\ninadequate, the Court may, on the application of the other party, require further \r\nsecurity. \r\n                                                \r\n1Substituted for the words “His Majesty in Council” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by \r\nthe Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; \r\nand, was published in the G azette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the \r\nSchedule: it came into force on 23 March 1956. \r\n2Ibid. \r\n3Ibid. \r\n4Substituted ibid., for the words “King in Council”. \r\n(2) In default of such further security being furnished as required by the \r\nCourt,– \r\n(a) if the original security was furnished by the appellant, the Court may, \r\non the application of the respondent, execute the decree appealed \r\nfrom as if the appellant had furnished no such security; \r\n(b) if the original security was furnished by the respondent, the Court \r\nshall, so far as may be practicable, stay the further execution of the \r\ndecree, and restore the parties to the position in which they \r\nrespectively were when the security which appears inadequate \r\nwas furnished, or give such direction respecting the subject­matter of \r\nthe appeal as it thinks fit. \r\n15. Procedure to enforce orders of  \r\n1\r\n[the Supreme Court ].– (1) Whoever \r\ndesires to obtain execution of any order of \r\n2\r\n[the Supreme Court] shall apply by \r\npetition, accompanied by a certified copy of the decree passed or order made in \r\nappeal and sought to be executed, to the Court from which the appeal to \r\n3\r\n[the \r\nSupreme Court] was preferred. \r\n(2) Such Court shall transmit the order of \r\n4\r\n[the Supreme Court] to the \r\nCourt which passed the first decree appealed from, or to such other Court as \r\n5\r\n[the Supreme Court] by such order may direct, and shall (upon the application of \r\neither party) give such directions as may be required for the execution of the \r\nsame; 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 \r\nexecution of its original decrees. \r\n6\r\n[(3) * * * * * * * * * * * * * * * * * * * * *   ] \r\n7\r\n[(4) Unless \r\n8\r\n[the Supreme Court] is pleased otherwise to direct, no order \r\nof \r\n9\r\n[the Supreme Court] shall be inoperative on the ground that no notice has been \r\nserved on or given to the legal representative of any deceased opposite party or \r\ndeceased respondent in a case, where such opposite party or respondent did \r\nnot appear either at the hearing in the Court whose decree was complained of or \r\nat any proceedings subsequent to the decree of that Court, but such order shall \r\n                                                \r\n1Substituted for the words “King in Council” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the \r\nMinister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and,  \r\nwas published in the Gazette of Pakistan (Extraordina ry), dated: 24 January 1961, pp. 102 -163, Article 2 read with the \r\nSchedule: it came into force on 23 March 1956. \r\n2Ibid., for the words “His Majesty in Council”. \r\n3Ibid., for the words “His Majesty”. \r\n4Ibid., for the words “His Majesty in Council”. \r\n5Ibid. \r\n6Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published in the Gazette of \r\nPakistan (Extraordinary) dated: 8 July 1981, pp. 345-475, s. 3 read with the Second Schedule. \r\n7Added by the Indian Limitation and Code of Civi l Procedure (Amendment) Act, 1920 (XXVI of 1920), published in the Gazette \r\nof India, dated: 2 September 1920, s. 5. \r\n8Substituted for the words  “His Majesty in Council” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by \r\nthe Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; \r\nand, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the \r\nSchedule: it came into force on 23 March 1956. \r\n9Ibid. \r\nhave the same force and effect as if it had been made before the death took \r\nplace.] \r\n16. Appeal from order relating to execution .– The orders made by the Court \r\nwhich executes the order of \r\n1\r\n[the Supreme Court], relating to such execution, shall \r\nbe appealable in the same manner and subject to the same rules as the orders of \r\nsuch Court relating to the execution of its own decrees. \r\n2\r\n[17. Appeals to Federal Court.–  * * * * * * * * * * * * * *   ] \r\n3\r\n[ORDER XLV-A \r\nExecution of Orders of Supreme Court Federal Court \r\n1. (1) Whoever desires to obtain execution of an order of th e Supreme Court  \r\nFederal Court made under subsection (2) of section 209 of the Government of India \r\nAct, 1935 , shall apply by petition, accompanied by a certified Copy of the Order \r\nsought to be executed, to the High Court from which the appeal to the  Supreme \r\nCourt Federal Court was preferred. \r\n(2) The High Court shall transmit the order of the  Supreme Court  Federal \r\nCourt to the Court which passed the first decree appealed from or to such other \r\nCourt as the High Court may deem fit, and may give such directions as may be \r\nrequired for the execution of the same. The Court to which the said order is \r\ntransmitted shall execute it accordingly , in the manner and according to the \r\nprovisions applicable to the execution of its original decrees.  \r\n2. The provisions of Rule 16  of Order XLV shall apply , mutatis mutandis , to the \r\nexecution of decrees or orders for costs passed by the  Supreme Court  Federal \r\nCourt in appeals from the High Court.]  \r\nORDER XLVI \r\nReference \r\n1. Reference of question to High Court .– Where, before or on the hearing of \r\na suit or an appeal in which the decree is not subject to appeal, or where, in the \r\nexecution of any such decree, any question of law or usage having the force of \r\nlaw arises, on which the Court trying the suit or appeal, or executing the \r\ndecree, entertains reasonable doubt, the Court may, either of its own motion or \r\non the application of any of the parties, draw up a statement of the facts of the \r\ncase and the point on which doubt is entertained, and refer such statement with \r\nits own opinion on the point for the decision of the High Court. \r\n                                                \r\n1Substituted for the words  “His Majesty in Council” by the Central Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by \r\nthe Minister exercising the functions of President under Article 2 of the State Arrangements Orde r, 1959 on 21 January 1961; \r\nand, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the \r\nSchedule: it came into force on 23 March 1956. \r\n2Omitted by the Federal Court Act, 1941 (XXI of 1941), pu blished in the Gazette of  India, dated: 29 November 1941, p. \r\n77, s. 2. It was earlier inserted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette \r\nof India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n3Inserted by the Notification No. 254 -R/XI-Y-26, dated: 13 December 1946; issued by the High Court of Judicature at Lahore; \r\nand, was published in the Punjab Gazette, Part -III, dated: 20 December 1946, p. 1011. and the Notifi cation dated:1 November \r\n1947. \r\n2. Court may pass decree contingent upon decision of High Court .– The \r\nCourt may either stay the proceedings or proceed in the case notwithstanding \r\nsuch reference, and may pass a decree or make an order contingent upon the \r\ndecision of the High Court on the point referred; \r\nbut no decree or order shall be executed in any case in which such \r\nreference is made until the receipt of a copy of the judgment of the High Court \r\nupon the reference. \r\n3. Judgment of High Court to be transmitted, and case disposed of \r\naccordingly.– The High Court, after hearing the parties if they appear and desire \r\nto be heard, shall decide the point so referred, and shall transmit a copy of its \r\njudgment, under the signature of the Registrar, to the Court by which the \r\nreference was made; and such Court shall, on the receipt thereof, proceed to \r\ndispose of the case in conformity with the decision of the High Court. \r\n4. Costs of reference to High Court .– The costs (if any) consequent on a \r\nreference for the decision 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 \r\nreferred to the High Court under rule 1, the High Court may return the case for \r\namendment, and may alter, cancel or set aside any decree or order which the \r\nCourt making the reference has passed or made in the case out of which the \r\nreference arose, and make such order as it thinks fit. \r\n6. Power to refer to High Court questions as to jurisdiction in small \r\ncauses.– (1) Where at any time before judgment a Court in which a suit has been \r\ninstituted doubts whether the suit is cognizable by a Court of Small Causes or is \r\nnot so cognizable, it may submit the record to the High Court with a statement of \r\nits 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 \r\nthe Court either to proceed with the suit or to return the plaint for presentation to \r\nsuch other Court as it may in its order declare to be competent to take cognizance \r\nof the suit. \r\n7. Power to District C ourt to submit for revision proceedings had under \r\nmistake as to jurisdiction in small causes .– (1) Where it appears to a District \r\nCourt that a Court subordinate thereto has, by reason of erroneously holding a \r\nsuit to be cognizable by a Court of Small Causes or not to be so cognizable, failed \r\nto exercise a jurisdiction vested in it by law, or exercised a jurisdiction not so \r\nvested, the District Court may, and if required by a party shall, submit the record \r\nto the High Court with a statement of its reasons for considering the opinion of the \r\nsubordinate Court with respect to the nature of the suit to be erroneous. \r\n(2) On receiving the record and statement the High Court may make \r\nsuch order in the case as it thinks fit. \r\n(3) With respect to any proceedings subsequent to decree in any case \r\nsubmitted to the High Court under this rule, the High Court may make such order \r\nas in the circumstance appears to it to be just and proper. \r\n(4) A Court subordinate to a District Court shall comply with any \r\nrequisition which the District Court may make for any record or information for the \r\npurpose of this rule. \r\nORDER XLVII  \r\nReview \r\n1. Application for review of judgment .– (1) Any person considering himself \r\naggrieved– \r\n(a) by a decree or order from which an appeal is allowed, but from \r\nwhich no appeal has 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 \r\nwhich, after the exercise of due diligence, was not within his knowledge or could \r\nnot be produced by him at the time when the decree was passed or order made, \r\nor on account of some mistake or error apparent on the face of the record, or for \r\nany other sufficient reason, desires to obtain a review of the decree passed or \r\norder made against him, may apply for a review of judgment to the Court which \r\npassed the decree or made the order. \r\n(2) A party who is not appealing from a decree or order may apply \r\nfor a review of judgment notwithstanding the pendency of an appeal by some \r\nother party except where the ground of such appeal is common to the applicant \r\nand the appellant, or when, being respondent, he can present to the Appellate \r\nCourt the case on which he applies for the review. \r\n1\r\n[(3) No appl ication for review shall be entertained unless the person \r\nseeking review furnishes cash security of rupees five thousand. The security shall \r\nstand forfeited if the review petition is dismissed at the initial stage without notice to \r\nthe opposite party. The amount deposited as security shall be paid to the opposite \r\nparty if the review petition is dismissed after being contested. The provisions of this \r\nrule shall not apply where the applicant seeking review is a person who has been \r\ndeclared by a competent Cour t to be an undischarged insolvent or a pauper.]  \r\n2. To whom applications for review may be made .– An application for \r\nreview of a decree or order of a Court, not being a High Court, upon some \r\nground other than the discovery of such new and important matter or evidence \r\nas is referred to in rule 1 or the existence of a clerical or arithmetical mistake or \r\nerror apparent on the face of the decree, shall be made only to the Judge who \r\npassed the decree or made the order sought to be reviewed; but any such \r\napplication may, if the Judge who passed the decree or made the order has \r\nordered notice to issue under rule 4, sub­rule (2), proviso, (a) be disposed of by \r\nhis successor. \r\n3. Form of applications for review .– The provisions as to the form of \r\npreferring appeals shall apply, mutatis mutandis, to applications for review. \r\n                                                \r\n1Added by the Notification No. 49/Legis./XI-Y-26, dated: 28 February 2011; issued by the Lahore High Court, Lahore, published \r\nin the Punjab Weekly Gazette, Part-III, dated: 22 February 2012, p. 532. \r\n4. Application where rejected .– (1) Where it appears to the Court that \r\nthere is not sufficient ground for a review, it shall reject the application. \r\n(2) Application where granted .– Where the Court is of opinion that \r\nthe application for review should be granted, it shall grant the same: \r\nProvided that– \r\n(a) no such application shall be granted without previous notice to the \r\nopposite party, to enable him to appear and be heard in support of \r\nthe decree or order, a review of which is applied for: and \r\n(b) no such application shall be granted on the ground of discovery of \r\nnew matter or evidence which the applicant alleges was not within his \r\nknowledge, or could not be adduced by him when the decree or \r\norder was passed or made, without strict proof of such allegation. \r\n5. Application for review in Court consisting of two or more Judges .– \r\nWhere the Judge or Judges, or any one of the Judges, who passed the \r\ndecree or made the order, a review of which is applied for, continues or \r\ncontinue attached to the Court at the time when the application for a review is \r\npresented, and is not or are not precluded by absence or other cause for a \r\nperiod of six months next after the application from considering the decree or order \r\nto which the application refers, such Judge or Judges or any of them shall hear \r\nthe application, and no other Judge or Judges of the Court shall hear the same. \r\n6. Application where rejected .– (1) Where the application for a review is \r\nheard by more than one Judg e and the Court is equally divided, the application \r\nshall be rejected.  \r\n(2) Where there is a majority, the decision shall be according to the \r\nopinion of the majority. \r\n7. Oder of rejection not appealable. – Objections to order granting \r\napplication.– (1) An order of the Court rejecting the application shall not be \r\nappealable; but an order granting an application may be objected to on the ground \r\nthat 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 therefor \r\nand without sufficient cause. \r\nSuch objection may be taken at once by an appeal from the order granting the \r\napplication or in any appeal from the final decree or order passed or made in the \r\nsuit. \r\n(2) Where the application has been rejected in consequence of the \r\nfailure of the applicant to appear, he may apply for an order to have the rejected \r\napplication restored to the file, and, where it is proved to the satisfaction of the  \r\nCourt that he was prevented by any sufficient cause from appearing when such \r\napplication was called on for hearing, the Court shall order it to be restored to the \r\nfile upon such terms as to costs or otherwise as it thinks fit, and shall appoint a \r\nday for hearing the same.  \r\n(3) No order shall be made under sub­rule (2) unless notice of the \r\napplication has been served on the opposite party. \r\n8. Registry of application granted, and order for re­hearing .– When an \r\napplication for review is granted, a note thereof shall be made in the register and \r\nthe Court may at once re­hear the case or make such order in regard to the \r\nre­hearing as it thinks fit. \r\n1\r\n[9. Bar of certain applications .– (1) No application to review an order made \r\non an application for  a review or a decree or order passed or made on a review \r\nshall be entertained. \r\n(2) Nothing in this Order shall apply to any judgment pronounced or \r\norder made by the Supreme Court.] \r\nORDER XLVIII \r\nMiscellaneous \r\n1. Process to be served at expense of party issuing .– (1) Every process \r\nissued under this Code shall be served at the expense of the party on whose \r\nbehalf it is issued, unless the Court otherwise directs. \r\n(2) Costs of service .– The court­fee chargeable for such service shall \r\nbe paid within a time to be fixed before the process is issued. \r\n2. Orders and notices how served .– All orders, notices and other documents \r\nrequired by this Code to be given to or served on any person shall be served \r\nin the manner provided for the service of summons. \r\n3. Use of forms in appendices .– The forms given in the appendices, with \r\nsuch variation as the circumstances of each case may require, shall be used for \r\nthe purposes therein mentioned. \r\nORDER XLIX  \r\n2\r\n[*] High Courts \r\n1. Who may serve  processes of High Court .– Notice to produce \r\ndocuments, summonses to witnesses, and every other judicial process, issued in \r\nthe exercise of the original civil jurisdiction of the High Court, and of its \r\nmatrimonial, testamentary and intestate jurisdictions, except summonses to \r\ndefendants, writs of execution and notices to respondents may be served by the \r\nattorneys in the suits, or by persons employed by them, or by such other \r\npersons as the High Court, by any rule or order, directs. \r\n2. Saving in respect of  \r\n3\r\n[*] High Courts.– Nothing in this schedule shall be \r\ndeemed to limit or otherwise affect any rules in force at the commencement of \r\n                                                \r\n1Substituted by the Federal  Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in Gazette of Pakistan \r\n(Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Schedule. \r\n2The word “CHARTERED” was omitted  by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by \r\nthe President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, \r\ns. 3 read with the Second Schedule: it came into force on 14 October 1955. \r\n3The word “Chartered” omitted ibid. \r\nthis Code for the taking of evidence or the recording of judgments and orders by a \r\n1\r\n[*] High Court. \r\n3. Application of rules .– The following rules shall not apply to any \r\n2\r\n[*] High \r\nCourts in the exercise of  its ordinary or extraordinary original civil jurisdiction, \r\nnamely:– \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 \r\nof taking evidence) of 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 \r\nmemorandum); \r\nand rule 35 of Order XLI shall not apply to any such High Court in the exercise \r\nof its appellate jurisdiction. \r\nORDER L \r\nProvincial Small Cause Courts \r\n1. Provincial Small Cause Courts .– The provisions hereinafter specified shall \r\nnot extend to Courts constituted under the Provincial Small Causes Courts Act, \r\n1887\r\n3\r\n \r\n4\r\n[ * * *  *  * * * * *],  or to Courts exercising the jurisdiction of a Court of \r\nSmall Causes \r\n5\r\n[under the said Act \r\n6\r\n[* *] ], that is to say– \r\n(a) so much of this schedule as relates to– \r\n(i) suits excepted from the cognizance of a Court of Small \r\nCauses or the execution of decrees in such suits; \r\n(ii) the execution of decrees against immoveable property or the \r\ninterest of a 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\n                                                \r\n1The word “Chartered” was omitted  by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the \r\nPresident on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. \r\n3 read with the Second Schedule: it came into force on 14 October 1955. \r\n2Ibid. \r\n3(IX of 1887). \r\n4The expression “or under the Berar Small Cause Courts Law, 1905” was omitted by the Adaptation of Central Acts and \r\nOrdinances Order, 1949 (G.G.O. No. 4 of  1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, \r\npp. 223-283, Article 3 read with the Schedule. They were earlier inserted by the Berar Laws Act, 1941 (IV of 1941), published \r\nin the Gazette of India, dated: 22 March 1941, pp. 12-17, s. 2 read with the Third Schedule. \r\n5Substituted for the words “under that Act” by the Berar Laws Act, 1941 (IV of 1941), published in the Gazette of India, dated : \r\n22 March 1941, pp. 12-17, s. 2 read with the Third Schedule. \r\n6The words “ or Law ” were omitted by the by  the Adaptation of Central Acts and Ordinances Order,  1949 (G.G.O. No. 4 of \r\n1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223 -283, Article 3 read with the \r\nSchedule. \r\nOrder X, rule 3 (record of examination of parties); \r\nOrder XV, except so much of rule 4 as provides for the \r\npronouncement at once of 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\n1\r\n[ORDER LI \r\nPresidency Small Cause Courts] \r\n                                                \r\n1Omitted by the by  the Adapt ation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the \r\nGazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \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_________ \r\n \r\n(2) DESCRIPTION OF PARTIES IN PARTICULAR CASES. \r\n_________ \r\n \r\n1\r\n[ \r\n2\r\n[ \r\n3\r\n[* * *] Pakistan ] or the Province of. . . . . . . ., as the case may be] \r\n_________ \r\n \r\nThe Advocate General of \r\n_________ \r\nThe Collector of \r\n_________ \r\nThe State of \r\n_________ \r\n \r\nThe A. B. Company, Limited, having its registered office at \r\n_________ \r\n \r\nA. B., a public officer of the C. D. Company. \r\n                                                \r\n1Substituted for the words “The Secretary of State for India in Council”  by the Government of India (Adaptation of Indian Laws) \r\nOrder, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with the First \r\nSchedule. \r\n2Substituted for the words “the Secretary of State or the Federation of India” by the Adaptation of Central Acts and Ordinances \r\nOrder, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223 -283, \r\nArticle 3 read with the Schedule. same were substitut ed by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of \r\n1951), published in the Gazette of Pakistan (Extraordinary), dated: 12 May 1951, pp. 340 -388, s. 4 read with the Third \r\nSchedule. \r\n3The words “the Federation of” were omitted by the Central  Laws (Adaption) Order, 1961 (P.O. No. 1 of 1961); made by the \r\nMinister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and,  \r\nwas published in the Gazette of Pakistan (Extraordinary), dated: 24  January 1961, pp. 102 -163, Article 2 read with the \r\nSchedule: it came into force on 23 March 1956. \r\n_________ \r\nA. B.  (add description and residence), on behalf of himself and all other \r\ncreditors of C. D., late of (add description and residence). \r\n_________ \r\n \r\nA. B.  (add description and residence), on behalf of himself and all other \r\nholders of debentures issued by the Company, Limited. \r\n_________ \r\n \r\nThe Official Receiver. \r\n_________ \r\n \r\nA. B., a  minor (add description and residence), by C. D. [or by the Court of \r\nWards], his next friend. \r\n_________ \r\n \r\nA. B.  (add description and residence), a person of unsound mind [or of \r\nweak mind], by C. D., his next friend. \r\n_________ \r\n \r\nA. B., a firm carrying on business in partnership at \r\n_________ \r\n \r\nA. B. (add description and residence), by his constituted attorney C. D. \r\n(add description and residence). \r\n_________ \r\n \r\nA. B. (add description and residence), Shebait of Thakur \r\n_________ \r\n \r\nA. B. (add description and residence), executor of C. D., deceased. \r\n_________ \r\n \r\nA. B. (add description and residence), heir of C. D., deceased. \r\n \r\n \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  day \r\nof \r\n4. [Facts showing when the cause of action arose and that the Court has \r\njurisdiction.] \r\n5. The value of the subject­matter of the suit for the purpose of jurisdiction is \r\nrupees and for the purpose of court­fee is rupees  . \r\n6. The plaintiff claims  rupees, with interest at  per cent from the           day \r\nof           19          . \r\nNo. 2. \r\nMONEY OVERPAID. \r\n(Title.) \r\nA. B., the above-named plaintiff, states as follows:– \r\n1. On the          day of            19      , the plaintiff agreed to buy and the \r\ndefendant agreed 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 \r\nby the defendant for such assay, and E. F. declared each of the bars to contain \r\n1,500 tolas of fine silver, and the plaintiff accordingly paid the defendant     rupees. \r\n3. Each of the said bars contained only 1,200 tolas of fine silver, of which fact \r\nthe plaintiff was ignorant 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 \r\nannexed, or sundry goods]. \r\n2. The defendant promised to pay           rupees for the said goods on delivery \r\n[or on the          ,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 of E. F. claims [Relief claimed]. \r\n \r\nNo. 4. \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 \r\nas 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 the \r\nplaintiff should make for him [six tables and fifty chairs], and that E. F. should pay \r\nfor the goods on delivery          rupees. \r\n2. The plaintiff made the goods, and on the          day of          19           offered \r\nto deliver them to E. F., and has ever since been ready and willing 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 \r\npurchaser within [ten days] after the sale should be re­sold by auction on his \r\naccount, of which condition the defendant had notice. \r\n2. The defendant purchased [one crate of crockery] at the auction at the price \r\nof          rupees. \r\n3. The plaintiff was ready and willing to deliver the goods to the defendant on \r\nthe date of the sale and for [ten days] after. \r\n4. The defendant did not take away the goods purchased by him, nor pay \r\nfor them within [ten days] after the sale, nor afterwards. \r\n5. On the           day of           19          ,the plaintiff re­sold the [crate of \r\ncrockery], on account 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 A 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, at          ,plaintiff [executed sundry drawings, designs and diagrams] for the \r\ndefendant, at his request: but no express agreement was made as to the sum to \r\nbe 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\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 [known \r\nas No.           , in          ], and furnished, the materials therefor, for the defendant, at \r\nhis request, but no express agreement was made as to the amount to be paid for \r\nsuch work and materials. \r\n2. The work done and materials supplied were reasonably worth            \r\nrupees. \r\n3. The defendant has not paid the money. \r\n[As in paras. 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 \r\nfollows:– \r\n1. That the defendant occupied the [house No.           ,           Street], by \r\npermission of the said X. Y. from theday of          19          , until the        day of        \r\n19          , and no agreement was made as to payment for the use of the said \r\npremises. \r\n2. That the use of the said premises for the said period was reasonably worth\r\n 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 \r\ndifference between them concerning [a demand of the plaintiff for the price of ten \r\nbarrels of oil, which the defendant refused to pay], agreed in writing to submit the \r\ndifference to the arbitration of E. F. and G.H., and the original document is annexed \r\nhereto. \r\n2. On the           day of           19          ,the arbitrators awarded that the \r\ndefendant should [pay the plaintiff          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. 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 \r\nKingdom], of           ,the                    Court of that State [or Kingdom], in a suit \r\ntherein pending between the plaintiff and defendant, duly adjudged that the \r\ndefendant should pay to the plaintiff         rupees, 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 term \r\nof                 years, the [house No.                    ,                   Street], at the annual \r\nrent of           rupees, payable [monthly]. \r\n2. The defendant agreed, in consideration of the letting of the premises to \r\nE. F., to guarantee the 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,\r\n add:–] \r\n4. On the           day of           19          , the plaintiff gave notice to the \r\ndefendant of the non­payment of the rent, and demanded payment thereof. \r\n5. The defendant has not paid the same. \r\n[As in paras. 4 & 5 of Form No. 1, and Relief claimed.] \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 \r\ndefendant mutually agreed that the plaintiff should sell to the defendant and that \r\nthe defendant should purchase from the plaintiff forty bighas of land in the village \r\nof                   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 \r\nmade to appear to the defendant], tendered to the defendant a sufficient \r\ninstrument of transfer of the same [or, was ready and willing, and is still ready \r\nand willing, and offered, to transfer the same to the defendant by a sufficient \r\ninstrument] 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\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 \r\nplaintiff on the          day of          19          , and that the plaintiff  should  pay \r\ntherefor           rupees on delivery. \r\n2. On the [said] day the plaintiff was ready and willing, and offered, to pay the \r\ndefendant the said sum upon delivery of the goods. \r\n3. The defendant has not delivered the goods, and the plaintiff has been \r\ndeprived of the profits which 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\nNo. 15. \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 \r\nagreed that the plaintiff should serve the defendant as [an accountant, or in the \r\ncapacity of foreman, or as the case may be], and that the defendant should \r\nemploy the plaintiff as such for the term of [one year] and pay him for his \r\nservices          rupees (monthly). \r\n2. On the         day of          19          , the plaintiff entered upon the service of \r\nthe defendant and has ever since been, and still is, ready and willing to continue \r\nin such service during the remainder of the said year whereof the defendant \r\nalways 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 \r\nservices. \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 \r\nmutually agreed that the plaintiff should employ the defendant at an [annual] \r\nsalary of          rupees, and that the defendant should serve the plaintiff as [an \r\nartist] for the term of [one year]. \r\n2. The plaintiff has always been ready and willing to perform his part of the \r\nagreement [and on the         day of         19          , offered so to do]. \r\n3. The defendant [entered upon] the service of the plaintiff on the above-\r\nmentioned day, but afterwards, on the         day of          19           , he refused to \r\nserve the plaintiff as aforesaid. \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\n1. On the         day of         19          , the plaintiff and defendant entered into \r\nan agreement, and the original document is hereto annexed. [Or state the tenor of \r\nthe contract.] \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 \r\nand unworkmanlike manner]. \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 \r\ndefendant agreed with the plaintiff that if E. F. should not faithfully perform his \r\nduties as a clerk to the plaintiff, or should fail to account to the plaintiff for all \r\nmonies, evidences of debt or other property received by him for the use of the \r\nplaintiff, 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 \r\nbound himself to pay the plaintiff the penal sum of          rupees, subject to the \r\ncondition that if E. F. should faithfully perform his duties as clerk and cashier to \r\nthe plaintiff and should justly account to the plaintiff for all monies, evidences of \r\ndebt or other property which should be at any time held by him in trust for the \r\nplaintiff, the bond should be void.] \r\n[Or, 2. In consideration thereof, on the same date the defendant executed a \r\nbond in favour of the plaintiff, and the original document is hereto annexed.] \r\n3. Between the          day of         19          and the          day of          19          E. \r\nF. received money and other property, amounting to the value of          rupees, for \r\nthe use of the plaintiff, for which sum he has not accounted to him, and the same \r\nstill 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\nA. B., the above­named plaintiff, states as follows:– \r\n1. On the         day of         19          , the defendant, by a registered \r\ninstrument, let to the plaintiff [the house No.         ,           Street] for the term of         \r\nyears, contracting with the plaintiff, that he, the plaintiff, and his legal \r\nrepresentatives should quietly enjoy possession thereof for the said term. \r\n2. All conditions were fulfilled and all things happened necessary to entitle the \r\nplaintiff to maintain his suit. \r\n3. On the         day of          during the said term, E. F., who was the lawful \r\nowner of the said house, lawfully evicted the plaintiff therefrom, and still withholds \r\nthe possession thereof from him. \r\n4. The plaintiff was thereby [prevented from continuing the business of a \r\ntailor at the said place, was compelled to expend           rupees in moving, and \r\nlost the custom of G. H. and I. J. by 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 fellows:– \r\n1. On the         day of         19          , the plaintiff and defendant, being partners \r\nin trade under the style of A. B. and C. D., dissolved the partnership, and mutually \r\nagreed that the defendant should take and keep all the partnership property, pay \r\nall debts of the firm and indemnify the plaintiff against all claims that might be \r\nmade 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 \r\ndebt due from the firm to E. F., and on the         day of         19          ,] the \r\nplaintiff paid         rupees [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\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 \r\ninducing the plaintiff to sell him certain goods, represented to the plaintiff that [he \r\nthe defendant, was solvent, and worth           rupees over all his liabilities.] \r\n2. The plaintiff was thereby induced to sell [and deliver] to the defendant, [dry \r\ngoods] of the value of          rupees. \r\n3. The said representations were false [or, state the particular falsehoods] and \r\nwere then known by the defendant to be so. \r\n4. The defendant has not paid for the goods. [Or, if the goods were not \r\ndelivered]. The plaintiff, in preparing and shipping the goods and procuring their \r\nrestoration, 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 \r\nPERSON. \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 \r\nthat E. F. was solvent and in good credit, and worth          rupees over all his \r\nliabilities [or, that E. F. then held a responsible situation and was in good \r\ncircumstances, 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    \r\nrupees [on          months credit]. \r\n3. The said representations were false and were then known by the \r\ndefendant to be so, and were made by him with intent to deceive and defraud the \r\nplaintiff [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, \r\nor] has not paid for 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\nNo.  23. \r\nPOLLUTING THE WATER UNDER THE PLAINTIFF'S LAND  \r\n(Title.) \r\nA. B., the above-named plaintiff, states as follows:_ \r\n1. The plaintiff is, and at all the times hereinafter mentioned was, possessed \r\nof certain land called                   and situate in         , and of a well therein, and of \r\nwater in the well, and was entitled to the use and benefit of the well and of the \r\nwater therein, and to have certain springs and streams of water which flowed and \r\nran into the well to supply the same to flow or run without being fouled 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 \r\nwhich flowed into the well. \r\n3. In consequence the water in the well became impure and unfit for domestic \r\nand other necessary purposes, and the plaintiff and his family are deprived of the \r\nuse and benefit of the well and water. \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 \r\ncertain lands called          , situate in          . \r\n2. Ever since the         day of          19           , the defendant has wrongfully \r\ncaused to issue from certain smelting works carried on by the defendant large \r\nquantities of offensive and unwholesome smoke and other vapours and noxious \r\nmatter, which spread themselves over and upon the said lands, and \r\ncorrupted 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 \r\nlands were damaged and deteriorated in value, and the cattle and live­stock of \r\nthe plaintiff on the lands became unhealthy, and many of them were poisoned and \r\ndied. \r\n4. The plaintiff was unable to graze the lands with cattle and sheep as he \r\notherwise might have done, and was obliged to remove his cattle, sheep and \r\nfarming­stock therefrom, and has been prevented from having so beneficial \r\nand healthy a use and occupation of the lands as he otherwise would have had. \r\n[As in paras. 4 and 5 of Form No. 1, and Relief claimed.] \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 \r\nhouse in the village of                           ].  \r\n2. He was entitled to a right of way from the [house] over a certain field to a \r\npublic highway and back again from the highway over the field to the house, for \r\nhimself and his servants [with vehicles, or on foot] at all times of the year. \r\n3. On the           day of          19         , defendant wrongfully obstructed the \r\nsaid way, so that the plaintiff could not pass [with vehicles, or on foot, or in \r\nany manner] along the way [and has ever since wrongfully obstructed the \r\nsame]. \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 \r\nin the public highway leading from                   to                   so as to obstruct it. \r\n2. Thereby the plaintiff, while lawfully passing along the said highway, fell over \r\nthe said earth and stones [or into the said trench] and broke his arm, and \r\nsuffered great pain, and was prevented from attending to his business for a long \r\ntime, 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 \r\na mill situated on a [stream] known as the                   , in the village of                   , \r\ndistrict of                  . \r\n2. By reason of such possession the plaintiff was entitled to the flow of the \r\nstream for working the mill. \r\n3. On the           day of           19         , the defendant, by cutting the bank \r\nof the stream, wrongfully diverted the water thereof, so that less water ran into the \r\nplaintiff's mill. \r\n4. By reason thereof the plaintiff has been unable to grind more than           \r\nsacks per day, whereas, before the said diversion of water, he was able to grind  \r\nsacks per day. \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 FOR 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 \r\ncertain lands situate, etc., and entitled to take and use a portion of the water of a \r\ncertain stream for irrigating the said lands. \r\n2. On the          day of       19         , the defendant prevented the plaintiff \r\nfrom taking and using the said portion of the said water as aforesaid, by wrongfully \r\nobstructing and diverting the said 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 by railway between              and                  . \r\n2. On that day the plaintiff was a passenger in one of the carriages of the \r\ndefendants on the said railway. \r\n3. While he was such passenger, at           [or near the station of           or \r\nbetween the stations of                   and                    ], a collision occurred on \r\nthe said railway, caused by the negligence and unskilfulness of the \r\ndefendants' servants, whereby the plaintiff was much injured [having his leg \r\nbroken, his head cut, etc., and state the special damage, if any, as], and \r\nincurred expense for medical attendance, and is permanently disabled from \r\ncarrying on his former business as [a salesman]. \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 \r\nand unskillfully drove and managed an engine and a train of carriages attached \r\nthereto upon and along the defendants' railway which the plaintiff was then \r\nlawfully crossing, that the said engine and train were driven and struck against \r\nthe plaintiff, whereby, etc., as in para. 3.] \r\n \r\nNo.  30. \r\nINJURIES CAUSED BY NEGLIGENT DRIVING. \r\n(Title.) \r\nA. B., the above­named plaintiff, states as follows:_ \r\n1. The plaintiff is a shoemaker, carrying on business at         . The \r\ndefendant is a merchant of               . \r\n2. On the          day of         , 19          , the plaintiff was walking \r\n1\r\n[westward] \r\nalong \r\n2\r\n[Bunder Road], in the City of \r\n3\r\n[Karachi], at about 3 o'clock in the afternoon. \r\nHe was obliged to cross \r\n4\r\n[Wood Street], which is a street running into \r\n5\r\n[Bunder \r\nRoad] at right angles. While he was crossing this street, and just before he could \r\nreach the foot­pavement on the further side thereof, a carriage of the \r\ndefendant's, drawn by two horses under the charge and control of the \r\ndefendant's servants, was negligently, suddenly and without any warning turned \r\nat a rapid and dangerous pace out of \r\n6\r\n[Wood Street] into \r\n7\r\n[Bunder Road]. The pole \r\nof the carriage struck the plaintiff and knocked him down, and he was much \r\ntrampled by the horses. \r\n3. By the blow and fall and trampling the plaintiff's left arm was broken and \r\nhe was bruised and injured on the side and back, as well as internally, and in \r\nconsequence thereof the plaintiff was for four months ill and in suffering, and \r\nunable to attend to his business, and incurred heavy medical and other expenses, \r\nand sustained great loss of business and profits. \r\n[As in paras. 4 and 5 of Form No. 1, and Relief claimed.] \r\nNo. 31. \r\nFOR MALICIOUS PROSECUTION.  \r\n(Title.) \r\nA. B., the above­named plaintiff, states as follows:– \r\n1. On the         d ay 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 \r\ncharge of                   , and the plaintiff was arrested thereon, and imprisoned for    \r\n[days, or hours, and gave bail in the sum of                  rupees to obtain his release]. \r\n2. In so doing the defendant acted maliciously and without reasonable or \r\nprobable cause. \r\n3. On the         day of         19         ,  the Magistrate dismissed the complaint \r\nof the defendant and acquitted the plaintiff. \r\n4. Many persons, whose names are unknown to the plaintiff, hearing of the \r\narrest, and supposing the plaintiff to be a criminal, have ceased to do business \r\nwith him; or, in consequence of the said arrest, the plaintiff lost his situation as \r\nclerk to one E. F.; or in consequence the plaintiff suffered pain of body and mind, \r\nand was prevented from transacting his business, and was injured in his credit, \r\nand incurred expense in obtaining his release from the said imprisonment and in \r\ndefending himself against the said complaint. \r\n[As in paras. 4 and 5 of Form No. 1, and Relief claimed.] \r\n                                                \r\n1Substituted for the word “southward” by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), published in \r\nthe Gazette of Pakistan (Extraordinary), dated: 12 May 1951, pp. 340-388, s. 4 read with the Third Schedule. \r\n2Ibid., for the word “Chowringhee”. \r\n3Ibid., for the word “Calcutta”. \r\n4Ibid., for the words “Middleton Street”. \r\n5Ibid., for the word “Chowringhee”. \r\n6Ibid., for the words Middleton Street”. \r\n7Ibid., for the word “Chowringhee”. \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 \r\nright to the possession] the goods mentioned in the schedule hereto annexed [or \r\ndescribe the goods], the estimated value of which is          rupees. \r\n2. From that day until the commencement of this suit the defendant has \r\ndetained the same from the plaintiff. \r\n3. Before the commencement of the suit, to wit on the         day of          19         \r\nthe plaintiff demanded 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 \r\nhad; \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 \r\nNOTICE.  \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 \r\ninducing the plaintiff to sell him certain goods, represented to the plaintiff that [he \r\nwas solvent, and worth          rupees over all his liabilities]. \r\n2. The plaintiff was hereby induced to sell and deliver to C. D., [one hundred \r\nboxes of tea], the estimated value of which is         rupees. \r\n3. The said representations were false, and were then known by C. D. to be \r\nso, [or, at the time of making the said representations, C. D. was insolvent, and \r\nknew himself to be so]. \r\n4. C. D. afterwards transferred the said goods to the defendant E. F. without \r\nconsideration [or who 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 \r\ncannot be had; \r\n(2) rupees compensation for the detention thereof. \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 \r\nplaintiff that a certain piece of ground belonging to the defendant, situated at         ,  \r\ncontained [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 \r\nagreement, of which the original is hereto annexed. But the land has not been \r\ntransferred to him. \r\n3. On the         day of           19           the plaintiff paid the defendant  \r\nrupees as part of the purchase­money. \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 \r\ncut down many more 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 \r\ncommitting or permitting 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 \r\nowner of [the house No.         ,          Street, \r\n1\r\n[Karachi] ]. \r\n2. The defendant is, and at all the said times was, the absolute owner of [a \r\nplot of ground in the same street         ]. \r\n3. On the         d ay of         19         ,  the defendant erected upon his said \r\nplot a slaughter­house, and still maintains the same; and from that day until \r\nthe present time has continually caused cattle to be brought and killed there \r\n[and has caused the blood and offal to be thrown into the street opposite the said \r\nhouse of the plaintiff]. \r\n[4. In consequence the plaintiff has been compelled to abandon the said \r\nhouse, and has been unable to rent the same.] \r\n[As in paras. 4 and 5 of Form No. 1.] \r\n The plaintiff claims that the defendant be restrained by injunction from \r\ncommitting or permitting any further 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 \r\nknown as          street at         so as to obstruct the passage of the public along \r\nthe same and threatens and intends, unless restrained from so doing, to continue \r\nand repeat the said wrongful act. \r\n2. The plaintiff have obtained the consent in writing of the Advocate General \r\n[or of the Collector or other officer appointed in this behalf] to the institution of this \r\nsuit. \r\n[As in paras. 4 and 5 of Form No. 1.] \r\n The plaintiff claims– \r\n(1) a declaration that the defendant is not entitled to obstruct the passage \r\nof the public along the said public road; \r\n(2) an injunction restraining the defendant from obstructing the passage \r\nof the public along the said public road and directing the defendant to \r\nremove the earth and stones wrongfully heaped up as aforesaid. \r\n \r\nNo. 38. \r\nINJUNCTION AGAINST THE DIVERSION OF A WATER­COURSE. \r\n(Title.) \r\nA. B., the above­named plaintiff, states as follows:– \r\n                                                \r\n1Substituted for the word \"Calcutta\" by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), published in the \r\nGazette of Pakistan (Extraordinary), dated: 12 May 1951, pp. 340-388, s. 4 read with the Third Schedule. \r\n[As in Form No. 27.] \r\nThe plaintiff claims that the defendant be restrained by injunction from \r\ndiverting the water as aforesaid. \r\nNo.  39. \r\nRESTORATION OF MOVEABLE PROPERTY THREATENED WITH \r\nDESTRUCTION, AND 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 \r\nportrait of his grand­father which was executed by an eminent painter] and of \r\nwhich no duplicate exists [or, state any facts showing that the property is of a kind \r\nthat 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 \r\ndefendant and offered to 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 \r\nconceal, dispose of, cut or injure the same if required to deliver it up. \r\n5. No pecuniary compensation would be an adequate compensation to the \r\nplaintiff for the loss of 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, \r\ninjuring or concealing 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. deposited with \r\nthe plaintiff [describe the property] for [safe­keeping]. \r\n2. The defendant C. D. claims the same [under an alleged assignment thereof \r\nto him from G. H.]. \r\n3. The defendant E. F. also claims the same [under an order of G. H. \r\ntransferring the same to him]. \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 \r\ncosts, and is ready and willing to deliver it to such persons as the Court shall \r\ndirect. \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 \r\nproceedings against the plaintiff in relation thereto; \r\n(2) that they be required to interplead together concerning their claims to \r\nthe said property; \r\n[(3) that some person be authorized to receive the said property pending \r\nsuch litigation;] \r\n(4) that upon delivering the same to such [person] the plaintiff be \r\ndischarged from all liability to either of the defendants in relation \r\nthereto. \r\n \r\nNo.  41. \r\nADMINISTRATION BY CREDITOR ON BEHALF OF HIMSELF AND ALL \r\nOTHER CREDITORS. \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, \r\nindebted to the plaintiff in the sum of          [here insert nature of debt and security, \r\nif any]. \r\n2. E. F. died on or about the         day of         . By his last will, dated the  \r\nday of           , he appointed C. D. his executor [or devised his estate in trust etc., or \r\ndied 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 \r\nthe proceeds of the immovable] property of E. F., and has not paid the plaintiff his \r\ndebt. \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 \r\nimmovable] property of E. F., deceased, and that the same may be administered \r\nunder the decree of the Court. \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         , d ied on \r\nor about the          day of         . By his last will, dated the           day of         he \r\nappointed C. D. his executor, and bequeathed to the plaintiff [here state the \r\nspecific legacy]. \r\nFor paragraph 4 substitute_ \r\nThe defendant is in possession of the movable property of E. F., and, \r\namongst other things, of the 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 \r\nthe said [here name the 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          \r\n, died on or about the            day of               . By his last will, dated the          day \r\nof           he appointed C. D. his executor , and bequeathed to the plaintiff a \r\nlegacy of          rupees. \r\nIn paragraph 4 substitute \"legacy\" for \"debt.\" \r\n \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 \r\nthe testator's lifetime] his executors, and bequeathed his property, whether \r\nmovable or immovable, to his executors in trust, to pay the rents and income \r\nthereof to the plaintiff for his life; and after his decease, and in default of his having \r\na son who should attain twenty­one, or a daughter who should attain that age \r\nor marry, upon trust as to his immovable property for the person who would be \r\nthe testator's heir­at­law, and as to his movable property for the persons who \r\nwould be the testator's next­of­kin if he had died intestate at the time of the death \r\nof the plaintiff, and such failure of his issue as aforesaid. \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; \r\nthe defendant entered into the receipt of the rents of the immovable property and \r\ngot in the movable property; he has sold 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 \r\nin this court and for that purpose to have all proper directions given \r\nand 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 \r\nabout the         day of         made upon the marriage of E. F. and G. H., the father and \r\nmother of the defendant [or an instrument of transfer of the estate and effects of E. F. \r\nfor the benefit of C. D., the defendant, and the other creditors of E. F.]. \r\n2. A. B. has taken upon himself the burden of the said trust, and is in \r\npossession of [or of the proceeds of] the movable and immovable property \r\ntransferred 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 \r\nimmovable property [and the proceeds of the sale of the said, or of part of the said, \r\nimmovable  property, or movable, or the proceeds of the sale of, or of part of, the \r\nsaid movable property, or the profits accruing to the plaintiff as such trustee in the \r\nexecution of the said trust]; and he prays that the Court will take the accounts of the \r\nsaid trust, and also that the whole of the said trust estate may be administered in the \r\nCourt 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 \r\npersons so interested as the Court may direct, or that C. D. may show good \r\ncause to the contrary. \r\n[N. B.– Where the suit is by a beneficiary, the plaint may be modelled, mutatis \r\nmutandis on the plaint by a legatee.] \r\n                   \r\nNo.  45. \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 defendant. \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 \r\ndevolution under which 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 \r\nof          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 \r\namount due to the plaintiff, then that liberty be reserved to the plaintiff \r\nto apply for a decree 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\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, \r\ndevolution under 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 \r\nmortgaged 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 \r\nreconveyed to him [and to have possession thereof].                   \r\n \r\n \r\nNo. 47. \r\nSPECIFIC PERFORMANCE (No. 1). \r\n(Title.) \r\nA. B., the above-named plaintiff, states as follows:– \r\n1. By an agreement dated the         day of        and signed by the defendant, \r\nhe contracted to buy of  [or sell to] the plaintiff certain immovable property \r\ntherein described and referred to, for the sum of                  rupees. \r\n2. The plaintiff has applied to the defendant specifically to perform the \r\nagreement on his part, but the defendant has not done so. \r\n3. The plaintiff has been and still is ready and willing specifically to perform the \r\nagreement on his 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 specifically to \r\nperform the agreement and to do all acts necessary to put the plaintiff in full \r\npossession of the said property [or to accept a transfer and possession of the said \r\nproperty] and to pay the costs of the suit. \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 \r\nentered into an agreement in writing, and the original document is hereto \r\nannexed. \r\nThe defendant was absolutely entitled to the immovable property described \r\nin the agreement. \r\n2. On the          day of         19          , the plaintiff tendered           rupees to the \r\ndefendant, and demanded a transfer of the said property by a sufficient instrument. \r\n3. On the         day          19          , the plaintiff again demanded such transfer \r\n[or the defendant 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 \r\nsaid property to the defendant. \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 \r\na sufficient instrument [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] \r\npast carrying on business together under articles of partnership in writing, [or under \r\na deed, or under a verbal agreement]. \r\n2. Several disputes and differences have arisen between the plaintiff and \r\ndefendant as such partners whereby it has become impossible to carry on the \r\nbusiness in partnership with advantage to the partners . [Or the defendant has \r\ncommitted the following breaches of the partnership articles:– \r\n(1) \r\n(2) \r\n(3)    ] \r\n \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 \r\ndissolution; and instead insert a paragraph stating the facts of the partnership \r\nhaving 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 \r\nwith the plaintiff. \r\nThe defendant denies that he contracted with the plaintiff as alleged or \r\nat 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 \r\nin the plaint or any of them. \r\nLimitation. The suit is barred by article         or         article of the Second \r\nSchedule to the \r\n1\r\n[Limitation Act, 1908 (IX of 1908)]. \r\nJurisdiction. The Court has no jurisdiction to hear the suit on the ground that (set \r\nforth the grounds). \r\n On the           day of         a diamond ring was delivered by the \r\ndefendant to and accepted by the plaintiff in discharge of the alleged \r\ncause of action. \r\nInsolvency. The defendant has been adjudged an insolvent. \r\nThe plaintiff before the institution of the suit was adjudged an insolvent \r\nand the right to sue vested in the receiver. \r\nMinority.  The defendant was a minor at the time of making the alleged contract. \r\nPayment  The defendant as to the whole claim (or as to Rs.          part of  \r\ninto Court. the money claimed, or as case may be) has paid into Court Rs.  and \r\nsays that this sum is enough to satisfy the plaintiff's claim (or the part \r\naforesaid). \r\nPerformance  The performance of the promise alleged was remitted on the \r\nremitted. (date). \r\nRescission.  The contract was rescinded by agreement between the plaintiff and \r\ndefendant.  \r\nRes Judicata. The plaintiff's claim is barred by the decree in suit (give the \r\nreference). \r\nEstoppel. The plaintiff is estopped from denying the truth of (insert \r\nstatements as to which estoppel is claimed) because (here state \r\nthe facts relied on as creating the estoppel). \r\nGround of  Since the institution of the suit, that is to say, on the           \r\ndefense day of          (set out facts). \r\nsubsequent  \r\nto institution  \r\nof suit. \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\n                                                \r\n1Substituted for the expression “Indian Limitation Act, 1877” by the Federal Laws (Revision and Declaration) Ordinance, 1981 \r\n(XXVII of 1981), published in the Gazette of Pakistan (Extraordinary) dated: 8 July 1981, pp. 345 -475, s. 3 rea d with the \r\nSecond Schedule. \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 \r\npayment before suit to the plaintiff [or to C. D., the plaintiff's agent] on the          day \r\nof         19   . \r\n8. The defendant satisfied the claim by payment after suit to the plaintiff on the  \r\nday of           19  . \r\n \r\nNo.  2. \r\nDEFENCE IN SUITS ON BONDS. \r\n1. The bond is not the defendant's bond. \r\n2. The defendant made payment to the plaintiff on the day according to the \r\ncondition of the bond. \r\n3. The defendant made payment to the plaintiff after the day named and before \r\nsuit of the principal 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 \r\nin pursuance of 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 \r\ngoods sold and delivered by the defendant to the plaintiff. \r\nParticulars are as follows:– \r\n  Rs. \r\n1907, January 25th  .. .. .. .. .. .. .. .. ..    150 \r\n\" February, 1st      .. .. .. .. .. .. .. ..      ..   50 \r\n ____ \r\n Total  200 \r\n____ \r\n2. As to the whole [or as to Rs.         , part of the money claimed] the defendant \r\nmade tender before suit of Rs.          , and has paid the same into Court. \r\n \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 \r\ndefendant's carriage, and that it was under the charge or control of the defendant's \r\nservants. The carriage belonged to       of                            Street, \r\n1\r\n[Karachi], livery \r\nstable keepers employed by the defendant to supply him with carriages and horses; \r\nand the person under whose charge and control the said carriage was, was the \r\nservant of the said     . \r\n2. The defendant does not admit that the said carriage was turned out of \r\n2\r\n[Wood Street], either negligently, suddenly or without warning, or at a rapid or \r\ndangerous pace. \r\n3. The defendant says the plaintiff might and could, by the exercise of \r\nreasonable care and diligence, have seen the said carriage approaching him, and \r\navoided any collision with it. \r\n4. The defendant does not admit the statements contained in the third paragraph \r\nof 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.  \r\nParticulars are as follows:– \r\n1907, May 3rd.   To carriage of the goods claimed from \r\n3\r\n[Lahore] to \r\n4\r\n[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\n                                                \r\n1Substituted for the word “Calcutta” by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), published in the  \r\nGazette of Pakistan (Extraordinary), dated: 12 May 1951, pp. 340-388, s. 4 read with the Third Schedule. \r\n2Ibid., for the words “Middleton Street”. \r\n3Substituted for the word “Dehli” by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951), published in the \r\nGazette of Pakistan (Extraordinary), dated: 12 May 1951, pp. 340-388, s. 4 read with the Third Schedule. \r\n4Ibid., for the word  “Calcutta”. \r\n3. The defendant did not infringe. \r\n \r\nNo. 9. \r\nDEFENCE IN SUITS FOR INFRINGEMENT OF 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 \r\nrights]. \r\n2. The plaintiff's lights will not be materially interfered with by the defendant's \r\nbuildings. \r\n3. The defendant denies that he or his servants pollute the water [or do what is \r\ncomplained of]. \r\n[If the defendant claims the right by prescription or otherwise to do what is \r\ncomplained of, he must say so, and must state the grounds of the claim, i.e. \r\nwhether 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 came into possession.  \r\n1883. First complaint. \r\n5. As to the plaintiff's claim for damages the defendant will rely on the above \r\ngrounds of defence, and says that the acts complained of have not produced any \r\ndamage to the plaintiff. [If other grounds are relied on, they must be stated, e.g., \r\nlimitation 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 \r\ntransfer is alleged, say which is denied). \r\n3. The suit is barred by article          of the second schedule to the \r\n1\r\n[Limitation \r\nAct, 1908 (IX of 1908)]. \r\n4. The following payments have been made, viz.:– \r\n                                                \r\n1Substituted for the expression “Indian Limitation Act, 1877” by the Federal Laws (Revision and Declaration) Ordinance, 1981 \r\n(XXVII of 1981), published in the Gazette of Pakistan (Extraordinary) dated: 8  July 1981, pp. 345 -475, s. 3 read with the \r\nSecond Schedule. \r\n \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 \r\nSchedule to the \r\n1\r\n[Limitation Act, 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 all his \r\ninterest 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 \r\nthe rents thereof. \r\n(If the defendant admits possession for a time only, he should state the \r\ntime and deny possession beyond 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 \r\ndefendant is bound to accept by reason of the following matter­(State why). \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\n                                                \r\n1Ibid. \r\n12. The agreement was rescinded under Conditions of Sale No. 11 (or by mutual \r\nagreement). \r\n(In cases where damages are claimed and the defendant disputes his \r\nliability to damages, he must deny the agreement or the alleged breaches, or \r\nshow whatever other ground of defence he intends to rely on, e.g., the \r\n1\r\n[*] \r\nLimitation 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 \r\nhis death to some immovable property which the defendant sold and which \r\nproduced the net sum of Rs.          , and the testator had some movable property \r\nwhich the defendant got in, and which produced the net sum of Rs.          . \r\n2. The defendant applied the whole of the said sums and the sum of Rs.   \r\nwhich the defendant received from rents of the immovable property in the payment \r\nof the funeral and testamentary 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 \r\nthe          day of         19          , and offered the plaintiff free access to the vouchers \r\nto verify such 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 \r\naccording to the provisions of the \r\n2\r\nIndian Succession Act, 1865\r\n3\r\n [or of the Hindu \r\nWills Act, 1870\r\n4\r\n]. \r\n2. The deceased at the time the said will and codicil respectively purport to \r\nhave been executed, was not of sound mind, memory and understanding. \r\n3. The execution of the said will and codicil was obtained by the undue \r\ninfluence of the plaintiff [and others acting with him whose names are at present \r\nunknown to the defendant]. \r\n4. The execution of the said will and codicil was obtained by the fraud of the \r\nplaintiff, such fraud, so far as is within the defendant's present knowledge, being \r\n[state the nature of the fraud]. \r\n                                                \r\n1The word “Indian” deemed to be omitted by virtue of omission of the said word in the “short title”  of the Indian Limitation Act, \r\n1908 by the Adaptation of Central Acts and Ordinances Ord er, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of \r\nPakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. \r\n2See now the Succession Act, 1925 (XXXIX of 1925), published in the Gazette of India, dated: 10 October 1925, pp. 69-147. \r\n3X of 1865. \r\n4XXI of 1870. \r\n5. The deceased at the time of the execution of the said will and codicil did \r\nnot know and approve of the contents thereof, [or of the contents of the residuary \r\nclause in the said will, as the case may be]. \r\n6. The deceased made his true last will, dated the 1st January, 1873, and \r\nthere by appointed the defendant sole executor thereof. \r\nThe defendant claim– \r\n(1) that the Court will pronounce against the said will and codicil \r\npropounded by the plaintiff; \r\n(2) that the Court will decree probate of the will of the deceased, dated the \r\n1st January, 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 \r\nrespect of which particulars have been ordered) delivered pursuant \r\nto the order of the         of          \r\n(Here set out the particulars ordered in paragraphs if necessary.) \r\nAPPENDIX B \r\nPROCESS. \r\n \r\nNo. 1. \r\nSUMMONS FOR DISPOSAL OF SUIT.   (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                                                       \r\nyou are hereby summoned to appear in this Court in person or by a pleader duly \r\ninstructed, and able to answer all material questions relating to the suit, or who \r\nshall be accompanied by some person able to answer all such questions, on the    \r\nday of            19            , at           o 'clock in the           noon,  to answer the claim; \r\nand as the day fixed for your appearance is appointed for the final disposal of the \r\nsuit, you must be prepared to produce on that day all the witnesses upon whose \r\nevidence and all the documents upon which you intend to rely in support of your \r\ndefence. \r\nTake notice that, in default of your appearance on the day before \r\nmentioned, the suit will be heard and determined in your absence. \r\nGIVEN under my hand and the seal of the Court, this             day of          \r\n19           . \r\n \r\n \r\nJudge. \r\n \r\nNOTICE.–1. Should you apprehend your witnesses will not attend of their own \r\naccord, you can have a summons from this Court to compel the attendance of \r\nany witness, and the production of any document that you have a right to call \r\nupon the witness to produce, on applying to the Court and on depositing the \r\nnecessary expenses. \r\n2. If you admit the claim, you should pay the money into Court together with \r\nthe costs of the suit, to avoid execution of the decree, which may be against your \r\nperson or property, or both. \r\n \r\n1\r\n[No. 1A. * * * * * * * * * * *  * * * * * * * * * *   ] \r\n \r\n                                                \r\n1Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 \r\nApril 1972, pp. 526-583, s. 2 read with the Schedule. \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          \r\nyou are hereby summoned to appear in this Court in person, or by a pleader duly \r\ninstructed, and able to answer all material questions relating to the suit, or \r\nwho shall be accompanied by some person able to answer all such questions, on \r\nthe         d ay of         19           , at         o'  clock in the         noon, to answer the \r\nclaim; \r\nand you are directed to produce on that day all the documents upon which you \r\nintend to rely in support of your defence \r\n1\r\n[and to file on or before that date your \r\nwritten statement]. \r\nTake notice that, in default of your appearance on the day before \r\nmentioned, the suit will be heard and determined in your absence. \r\nGIVEN under my hand and the seal of the Court, this             day of          \r\n19         . \r\n \r\nJudge. \r\n \r\nNOTICE.– 1. Should you apprehend your witnesses will not attend of their own \r\naccord, you can have a summons from this Court to compel the attendance of any \r\nwitness, and the production of any document that you have a right to call on the \r\nwitness to produce, on applying to the Court and on depositing the necessary \r\nexpenses. \r\n2. 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 \r\n                                                \r\n1Inserted by the Law Reforms Or dinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 \r\nApril 1972, pp. 526-583, s. 2 read with the Schedule. \r\nhas instituted a suit against you for \r\nyou are hereby summoned to appear in this Court in person on the            day of\r\n   19          , at          o'clock in the           noon, to answer the claim; and you are \r\ndirected to produce on that day all the documents upon which you intend to rely in \r\nsupport of your defence. \r\nTake notice that, in default of your appearance on the day before \r\nmentioned, the suit will be heard and determined in your absence. \r\nGIVEN under my hand and the seal of the Court this             day of            \r\n19          . \r\n \r\n \r\nJudge. \r\n \r\nNo.  4. \r\nSUMMONS IN SUMMARY SUIT ON NEGOTIABLE INSTRUMENT.   (O. 37, r. \r\n2.)  \r\n(Title.) \r\n \r\nTo \r\n[Name, description and place of residence.] \r\nWHEREAS        has instituted a suit against you under Order XXXVII of the \r\nCode of Civil Procedure, 1908, for Rs.          , balance of principal and interest due \r\nto him as the          of a           of which a copy is hereto annexed, you are hereby \r\nsummoned to obtain leave from the Court within ten days from the service hereof \r\nto appear and defend the suit, and within such time to cause an appearance to be \r\nentered for you. In default whereof the plaintiff will be entitled at any time after the \r\nexpiration of such ten days to obtain a decree for any sum not exceeding the sum \r\nof Rs.          and the sum of  Rs.         for costs \r\n1\r\n[together with such interest, if any, \r\nfrom 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 \r\nby affidavit or declaration showing that there is a defence to the suit on the merits, or \r\nthat it is reasonable that you should be allowed to appear in the suit. \r\nGIVEN under my hand and the seal of the Court, this               day of          \r\n19          . \r\n \r\n \r\nJudge. \r\n          \r\n                                                \r\n1Inserted by the Negotiable Instruments (Interest) Act, 1926 (XXX of 1926), published in the Gazette of India , dated: 11 \r\nSeptember 1926, p. 51 ,s. 4. \r\nNo.  5. \r\nNOTICE TO PERSON WHO, THE COURT CONSIDERS, SHOULD BE ADDED \r\nAS CO­PLAINTIF.  (O. 1, r. 10.) \r\n(Title.) \r\nTo \r\n[Name, description and place of residence.] \r\nWHEREAS                                                                has instituted the above \r\nsuit against                                 for                                 and whereas it appears \r\nnecessary that you should be added as a plaintiff in the said suit in order to enable \r\nthe Court effectually and completely to adjudicate upon and settle all the questions \r\ninvolved: \r\nTake notice that you should on or before            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\n19        . \r\n  \r\nJudge. \r\n \r\nNo.  6. \r\nSUMMONS TO LEGAL REPRESENTATIVE OF A DECEASED DEFENDANT. \r\n(O. 22, r. 4.) \r\n(Title.) \r\nTo \r\nWHEREAS the plaintiff                                                      instituted a suit in \r\nthis Court on the               day of             19             against the defendant who has \r\nsince deceased, and whereas the said plaintiff has made an application to this Court \r\nalleging that you are the legal representative of the said            de ceased, and \r\ndesiring that you be made the defendant in his stead: \r\nYou are hereby summoned to attend in this Court on the        day of    19         \r\nat         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\n19         . \r\n  \r\nJudge. \r\n \r\nNo.  7. \r\nORDER FOR TRANSMISSION OF SUMMONS FOR SERVICE IN THE \r\nJURISDICTION OF ANOTHER COURT. (O. 5, r. 21.) \r\n(Title.) \r\nWHEREAS it is stated that                    \r\ndefendant/witness in the above suit is at present residing in          : It is ordered that \r\na summons returnable on the                day of                19            , be \r\n forwarded to the        Court of          for service on the said defendant/witness \r\nwith a duplicate of this proceeding. \r\n The court­fee of        cha rgeable in respect to the summons has been \r\nrealized in this Court in stamps.  \r\nDated  19 . \r\n \r\n Judge. \r\n \r\nNo.  8. \r\nORDERED FOR TRANSMISSION OF SUMMONS TO BE SERVED ON A \r\nPRISONER.  (O. 5, r. 24.)  \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, \r\n1908, a summons in duplicate is herewith forwarded for service on the defendant \r\n who is a prisoner in jail. You are requested to \r\ncause a copy of the said summons to be served upon the said defendant and to \r\nreturn the original to this Court signed by the said defendant, with a statement of \r\nservice endorsed thereon by you. \r\n  \r\n \r\n  Judge. \r\n \r\nNo.  9. \r\nORDER FOR TRANSMISSION OF SUMMONS TO BE SERVED ON A PUBLIC \r\nSERVANT OR 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 \r\nthe Code of Criminal Procedure, 1908, a summons in duplicate is herewith \r\nforwarded for service on the defendant          who is stated to be serving under you. \r\nYou 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 \r\ndefendant, with a statement of service endorsed thereon, by you. \r\n  \r\n  Judge. \r\nNo.  10. \r\nTO ACCOMPANY RETURNS OF SUMMONS OF ANOTHER COURT.   (O. 5, \r\nr. 23.) \r\n(Title.) \r\nRead proceeding from the          forwarding                 for \r\nservice on          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\n \r\n \r\n Judge. \r\nNote.– This form will be applicable to process other than summons, the service of \r\nwhich may have to be effected in the same manner. \r\n                   \r\nNo.  11. \r\nAFFIDAVIT OF PROCESS-SERVER TO ACCOMPANY RETURN OF A \r\nSUMMONS OR NOTICE. (O. 5, r. 18.) \r\n(Title.) \r\nThe Affidavit of                               son of          \r\nI                            make oath/affirm  \r\nand say as follows:– \r\n(1) I am a process­server of this Court. \r\n(2) On the           day of          19        I received a summons/notice issued \r\nby the Court of                     in Suit No.                     of 19          in the \r\nsaid Court, dated the                     day of                    19          for \r\nservice on           \r\n(3) The said          was at the time personally known to me, and I served \r\nthe said summons/notice on him/her on the    day of           19          at \r\nabout          o‟clock in the         noon at      by tendering a copy thereof \r\nto him/her and requiring his/her signature to the original \r\nsummons/notice. \r\n(a)  \r\n(b) \r\n(a) Here state whether the person served signed or refused to sign the \r\nprocess, and in whose presence.  \r\n(b) Signature of process­server. \r\nor, \r\n(3) The said not being personally known to me           accompanied             \r\nto and pointed out to me a person whom he stated to be the said   , \r\nand I served the said summons/notice on him/her on the              day \r\nof         19          , at about          o‟clock in the          noon at            by \r\ntendering a copy thereof to him /her and requiring his/her signature to \r\nthe original summons/notice. \r\n(a)  \r\n(b) \r\n(a) Here state whether the person served signed or refused to sign the \r\nprocess and in whose presence.  \r\n(b) Signature of process­server. \r\nor, \r\n1\r\n[(3) The said          and his house in which he ordinarily resides being \r\npersonally known to me / pointed out to me by     .  \r\nI went to said house in              and thereon the day of                   19          , \r\nat         o‟clock in the          fore/after noon, I did not find the said           \r\n \r\nI enquired  \r\nfrom \r\n  (a) \r\n   \r\n  (b)  \r\n \r\n \r\n \r\nneighbours \r\n \r\nI was told that                                       had gone to \r\n    and would not be back till             \r\n \r\n \r\n(Signature of process -server. )] \r\n \r\nor, \r\nIf substituted service has been ordered, state fully and exactly the manner \r\nin which the summons was served with special reference to the terms of the order \r\nfor substituted service. \r\nSworn/Affirmed by the said          before me this          day of           19       . \r\n \r\nEmpowered under section 139 of the Code of Civil \r\nProcedure to administer the oath to deponents. \r\n \r\n                                                \r\n1Substituted by the Notification No. 6 G, dated: 1 January 1909; issued by the Chief Court, Punjab; and, was published in the \r\nGovernment Gazette Punjab and its Dependencies, dated: 1 January 1909, pp. 2 -3. Above said Notification was confirmed by \r\nthe Notification No. 2212 G, dated: 12 May 1909; issued by the Chief Court, Punjab; and, was published in the Government \r\nGazette Punjab and its Dependencies, dated: 21 May 1909, p. 571. \r\n \r\nNo.  12. \r\nNOTICE 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 \r\nsummons was issued to you and the plaintiff has appeared in this Court and you \r\ndid not so appear, but from the return of the Nazir it has been proved to the \r\nsatisfaction of the Court that the said summons was served on you but not in \r\nsufficient 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 \r\nand that the        day of          19          is now fixed for the hearing of the same; in \r\ndefault of your appearance on the day last mentioned the suit will be heard and \r\ndetermined in your absence. \r\nGIVEN under my hand and the seal of the Court, this                day of           \r\n19          . \r\n \r\n Judge. \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      \r\nin the above suit, you are hereby required [personally] to appear before this Court \r\non the          day          of          19          ,at           o'clock in the forenoon, and to \r\nbring with you [or to send to this Court] \r\nA sum of Rs.         ,  being your traveling and other expenses and \r\nsubsistence allowance for one day, is herewith sent. If you fail to comply with this \r\norder without lawful excuse, you will be subject to the consequences of \r\nnon­attendance laid down in rule 12 of Order XVI of the Code of Civil \r\nProcedure. \r\nGIVEN under my hand and the seal of the Court, this              day of           \r\n19          . \r\n \r\nJudge. \r\n \r\nNOTICE.- (1) If you are summoned only to produce a document and not to give \r\nevidence, you shall be deemed to have complied with the summons if you cause \r\nsuch document 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 \r\nbe tendered 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 \r\nthat the summons could not be served upon the witness in the manner \r\nprescribed by law: and whereas it appears that the evidence of the witness is \r\nmaterial, 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 10 \r\nof Order XVI of the Code of Civil Procedure, 1908, issued requiring the attendance \r\nof the witness in this Court on the          day of         19          at          o'clock in the \r\nforenoon, and from 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 \r\nto law. \r\nGIVEN Under my hand and the seal of the Court, this             day of            \r\n19          . \r\n \r\nJudge. \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 \r\nthe summons has been duly served upon the witness, and whereas it appears that \r\nthe evidence of the witness is material and he has failed to attend in compliance \r\nwith such summons: This proclamation is therefore, under rule 10 of Order XVI of \r\nthe Code of Civil Procedure, 1908, issued, requiring the attendance of the witness \r\nin this Court on the          day of          19          at         o'clock in the forenoon, and \r\nfrom day to day until he shall have leave to depart; and if the witness fails to attend \r\non 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           19       . \r\n \r\n \r\n \r\nJudge. \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, after the expiration of \r\nthe period limited in the proclamation issued for his attendance, appeared in Court; \r\nyou are hereby directed to hold under attachment          property belonging to the \r\nsaid 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         19        . \r\n \r\n \r\n Judge. \r\n \r\nNo.  17. \r\nWARRANT OF ARREST OF WITNESS. (O. 16, r. 10.) \r\n(Title.) \r\nTo \r\nThe Bailiff of the Court. \r\nWHEREAS           has been duly served with a summons but has failed to \r\nattend [absconds and keeps out of the way for the purpose of avoiding service of a \r\nsummons]; You are hereby ordered to arrest and bring the said          before the \r\nCourt. \r\nYou are further ordered to return this warrant on or before the             day of\r\n     19          with an endorsement certifying the day on and the manner in which \r\nit has been executed, or the reason why it has not been executed. \r\nGIVEN under my hand and the seal of the Court, this               day of           \r\n19          . \r\n  \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 above-named suit has made \r\napplication to his Court that security be taken for the appearance of          to give \r\nevidence (or to produce a document), on the          day of           19          ; and \r\nwhereas the Court has called upon the said to furnish such security, which he \r\nhas failed to do; This is to require you to receive the said          into your custody \r\nin the civil prison and to produce him before this Court at         on the said day and \r\non such other day or days as may be hereafter ordered. \r\nGIVEN under my hand and the seal of the Court, this             day of            \r\n19          . \r\n  \r\nJudge. \r\n \r\nNo.  19. \r\nWARRANT OF COMMITTAL. (O. 16, r. 18.) \r\n(Title.) \r\nTo \r\nThe Officer in charge of the Jail at \r\nWHEREAS           , whose attendance is required before this Court in the \r\nabove-named case to give evidence (or to produce a document), h as been \r\narrested and brought before the Court in custody; and whereas owing to the \r\nabsence of the plaintiff (or defendant), the said          cannot give such evidence \r\n(or produce such document); and whereas the Court has called upon the said\r\n to give security for his appearance on the                                day \r\nof                 19              , at   which he has failed to do; This is to require you to \r\nreceive the said         into your custody in the civil prison and to produce him \r\nbefore this Court at          on the day of               19          . \r\nGIVEN under my hand and the seal of the Court, this        day of       19     . \r\n \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,  against \r\nC. D., E. F. and G. H.  … … …     Defendants, \r\nUpon hearing          and upon reading the affidavit          of          filed the day \r\nof           19           ; It is ordered that the          be at liberty to deliver to the \r\ninterrogatories in writing, and that the said           do answer the interrogatories as \r\nprescribed 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\nInterrogatories on behalf of the above­named [plaintiff or defendant C. D.] \r\nfor the examination of the above­named [defendants E. F. and G. H. or plaintiff]. \r\n1. Did not, etc. \r\n2. Has not, etc. \r\n etc.,  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 \r\nexamination by the above­named plaintiff. \r\nIn answer to the said interrogatories, I, the above-named E. F., make oath and \r\nsay as follows:– \r\n1.  \r\nEnter answers to interrogatories in paragraphs numbered consecutively. \r\n2.  \r\n3. I object to answer the interrogatories number           on the ground that [ state \r\ngrounds of 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  \r\nIt is ordered that the           do within           days from the date of this order, \r\nanswer on affidavit stating which documents are or have been in his possession or \r\npower relating to the matter in question in this suit, and that the costs of this \r\napplication be \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 \r\nquestion in this suit 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 \r\nfirst schedule hereto [state grounds of objection]. \r\n3. I have had but have not now, in my possession or power the documents \r\nrelating to the matters in question in this suit set forth in the second schedule hereto. \r\n4. The last­mentioned documents were last in my possession or power on \r\n[state when  and what has become of them, and in whose possession they now \r\nare]. \r\n5. According to the best of my knowledge, information and belief I have not \r\nnow, and never had, in my possession, custody or power, or in the possession, \r\ncustody or power of my pleader or agent, or in the possession, custody or power of \r\nany other person on my behalf, any account, book of account, voucher, receipt, letter, \r\nmemorandum, paper or writing, or any copy of or extract from any such document, \r\nor any other document whatsoever, relating to the matters in question in this suit \r\nor any of them, or wherein any entry has been made relative to such matters or \r\nany of them, other than and except the documents set forth in the said first \r\nand 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 filed the day of         \r\n19          ; It is ordered that the           do , at all reasonable times, on reasonable \r\nnotice, produce at          situate at, the following documents, namely,           , and \r\nthat the          be at liberty to inspect and peruse the documents so produced, and \r\nto make notes of their contents. In the meantime, it is ordered that all further \r\nproceedings be stayed and that the costs of this application be \r\nNo.  7. \r\nNOTICE TO PRODUCE DOCUMENTS. (O. 11, r. 16.) \r\n(Title as in No. 1, supra.) \r\nTake notice that the [plaintiff or defendant] requires you to produce \r\nfor his inspection the following documents referred to in your [plaint or written \r\nstatement or affidavit, dated the day of            19          ]. \r\n[Describe documents required.] \r\nX.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 \r\nof the          day of          19          [except the documents numbered          in that \r\nnotice] at [insert place of inspection] on Thursday next, the          instant, between \r\nthe hours of 12 and 4 o'clock. \r\nOr, that the [plaintiff or defendant] objects to giving you inspection of \r\ndocuments mentioned in your notice of the           day of 19          , on the ground \r\nthat [state the ground]:– \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 \r\nin evidence the several documents hereunder specified, and that the same may \r\nbe inspected by the defendant [or plaintiff], his pleader or agent, at           on     \r\nbetween the hours of                ; and the defendant [or plaintiff], is hereby \r\nrequired, within forty­eight hours from the last­mentioned hour, to admit that \r\nsuch of the said documents as are specified to be originals were respectively \r\nwritten, signed or executed, as they purport respectively to have been; that \r\nsuch as are specified as copies are true copies; and such documents as are \r\nstated to have been served, sent or delivered were so served, sent or \r\ndelivered, respectively, saving all just exceptions to the admissibility of all such \r\ndocuments 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\n[Here describe the documents and specify as to each document whether it \r\nis original or a copy.] \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 \r\ndefendant [or plaintiff] to admit for the purposes of this suit only, the several \r\nfacts respectively hereunder specified; and the defendant [or plaintiff] is hereby \r\nrequired, within six days from the service of this notice, to admit the said several \r\nfacts, saying all just exceptions to the admissibility of such facts as evidence in this \r\nsuit. \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, \r\nhereby admits the several facts respectively hereunder specified, subject to the \r\nqualifications or limitations, if any, hereunder specified, saving all just exceptions \r\nto the admissibility of any such facts, or any of them, as evidence in this suit: \r\nProvided that this admission is made for the purposes of this suit only, and is \r\nnot an admission to be used against the defendant [or plaintiff] on any other \r\noccasion or by any one other than the plaintiff [or defendant, or party requiring \r\nthe admission]. \r\nE. F., pleader [or agent] for defendant [or plaintiff]. \r\nTo G. H., pleader [or agent] for plaintiff [or defendant]. \r\nFacts admitted. Qualifications or limitations, if any, subject to \r\nwhich they are admitted. \r\n1. That M. died on the 1st January, \r\n1890. \r\n2. That he died intestate \r\n3. That N. was his lawful son \r\n4. That O. died \r\n5. That O. was never married  \r\n1. \r\n2. \r\n3. But not that he was his only lawful son. \r\n4. But  not that he died on the 1st April, \r\n1896. \r\n5. \r\nNo.  12. \r\nNOTICE TO PRODUCE (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 \r\nCourt at the first hearing of this suit all books, papers, letters, copies of letters \r\nand other writings and documents in your custody, possession or power, \r\ncontaining any entry, memorandum or minute relating to the matters in question in \r\nthis 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\n \r\n1\r\n[Form No. 13 (Order IX-A) \r\nCASE MANAGEMENT STATEMENT  \r\n \r\nIn the Court of ____________________________________________ \r\nCivil Suit No. _________________________ \r\n________________________________________________________ \r\n (Plaintiff) \r\nVersus \r\n________________________________________________________ \r\n(Defendant) \r\nBy Plaintiff(s)______________________________________________ \r\nBy Defendant(s)____________________________________________ \r\nDate of Filing______________________________________________ \r\nPursuant to Order IX -A CPC, Plaintiff(s)/ Defendant (s) as the case may be , shall \r\nsubmit Case Management Statement as under: \r\n1. Whether the Plaintiff or the Defendant requires inspection and discovery of \r\ndocuments in terms of Order XI,CPC? If so, please specify. \r\n2. Whether the Plaintiff or Defendant will require the other side (Specify) to \r\nadmit or deny certain facts in terms of Order XII, CPC? If so, details \r\nshould be given. \r\n3. The Plaintiff and the Defendant should answer the following interrogatories \r\nin terms of Order XI. \r\n4. Plaintiff or Defendant undertakes to attend joint Case Management \r\nconference with th e Advocates of the other side and submit Case \r\nManagement Statement in Form No. 14 or 15 Appendix-C, CPC. \r\n____________________ ________________________ \r\n____________________ ________________________ \r\nSignature of Plaintiff(s)/ Signatures of the party \r\nDefendant(s) Advocate  Plaintiff(s)/Defendant(s) \r\nCertification by Advocate \r\nI,________________________, Advocate for the Plaintiff/ Defendant certify that I \r\nhave explained to the Plaintiff/ Defendant the procedures for the Case Management \r\nand CDR and he has understood the same. \r\n                                                \r\n1Substituted by the Notification No. 237/Legis/XI-Y-26, dated: 15 August 2018;  issued by the Lahore High Court,  Lahore; and, \r\nwas published in the Punjab Weekly Gazette, Part -III, dated: 22 August 2018, pp. 270 -286, read with addendum No. \r\n18860/CPC-04/Legis./2018, dated: 24 October 2018, published in the Punjab Weekly Gazette, Part-III, dated: 31 October 2018, \r\npp. 645 -652: It came into force on 1 November 2020 through Notification No. 250/Legis/XI -Y-26, dated: 23 October 2020, \r\npublished in the Punjab Weekly Gazette, Part-III, dated: 28 October 2020, p. 225. \r\n____________________________ \r\nSignature of the Advocate for Plaintiff / Defendant \r\nCertification by the Parties \r\nI,__________________  ,Plaintiff(s)/ Defendant(s) certify that the Advocate has \r\nexplained to me, and I have understood, the case man agement and CDR \r\nprocedures. \r\n____________________ \r\n____________________ \r\nSignature of the Plaintiff(s)/ Defendant(s) \r\n \r\n \r\nForm No. 14 (Order IX-A)  \r\nCase Management Statement of Plaintiff(s)  \r\nIn the Court of _____________________________________________ \r\nCivil Suit No._______________________________________________ \r\nCase Management Conference. \r\nDate ___________________ Time_____________ \r\nPursuant to Order IX -A, the parties (through their advocates) submit Case \r\nManagement Statement under the order. Each party(s) certi fies that his advocate \r\n(who will try this case) met and conferred for the preparation of this Statement as \r\nrequired by Order IX-A. \r\n(1) Statement of admitted facts. \r\n_________________________________________________________ \r\n_________________________________________________________ \r\n_________________________________________________________ \r\n_________________________________________________________ \r\n_________________________________________________________ \r\n_________________________________________________________ \r\n(2) Statement of disputed facts. \r\n_________________________________________________________ \r\n_________________________________________________________ \r\n_________________________________________________________ \r\n_________________________________________________________ \r\n(3) Issues arising for determination including preliminary issues, if any. (In \r\ncase of disagreement on issues, enumerate issues which are agreed a nd those \r\nwhich are not agreed for court‟s consideration.) \r\n_________________________________________________________ \r\n_________________________________________________________ \r\n_________________________________________________________ \r\n(4) Plaintiff(s) elect the following from the list of consensual dispute \r\nresolution mechanisms. \r\n_________________________________________________________ \r\n(a) Mediation. ___________________________ \r\n(b) Arbitration. ___________________________ \r\n(c) Conciliation. ___________________________ \r\n \r\n(5) Deadline for disclosure of witnesses: \r\nParty Deadline \r\n___________________ ______________________ \r\n \r\n(6) Trial Schedule \r\n(a) Trial Date ___________________________ \r\n(b) Anticipate length of ___________________________ \r\n(7) Name of Trial Advocate: ___________________________ \r\nAddress: ___________________________ \r\nTelephone Number ___________________________ \r\nAdvocate for: ___________________________ \r\nSignature (Advocate): ___________________________ \r\n(8) Name of the Plaintiff(s) ___________________________ \r\nSignatures (Plaintiff(s)) ___________________________ \r\n The court finds that each party was represented by an advocate  responsible \r\nfor trial of this matter and was given an opportunity to be heard as to all matte rs \r\nencompassed by the Case Management Statements by each party and the Joint \r\nCase Management Statement by all the parties. The Court adopts this Statement as \r\nmodified and enters if as the order of this court under Order IX-A. \r\nIT IS SO ORDERED \r\n \r\nForm No. 15 (Order IX-A) \r\nCase Management System of Defendant(s)  \r\nIn the Court of __________________________________________ \r\nCivil Suit No.____________________________________________ \r\nCase Management Conference. \r\nDate ______________________Time ______________________ \r\nPursuant to Order IX -A, the parties (through their advocates) submit Case \r\nManagement Statement under the order. Each party(s) certifies that his advocate \r\n(who will try  this ca se) met and conferred for the preparation of this Statement as \r\nrequired by Order IX-A. \r\n(1) Statement of admitted facts. \r\n_________________________________________________________ \r\n_________________________________________________________ \r\n_________________________________________________________ \r\n_________________________________________________________ \r\n_________________________________________________________ \r\n_________________________________________________________ \r\n(2) Statement of disputed facts. \r\n_________________________________________________________ \r\n_________________________________________________________ \r\n_________________________________________________________ \r\n_________________________________________________________ \r\n \r\n(3) Issues arising for det ermination including preliminary issues, if any. (In \r\ncase of disagreement on issues, enumerate issues which are agreed and those \r\nwhich are not agreed for court‟s consideration.) \r\n_________________________________________________________ \r\n_________________________________________________________ \r\n_________________________________________________________ \r\n_________________________________________________________ \r\n \r\n(4) Defendant(s) elect the following from the list of consensual dispute \r\nresolution mechanisms. \r\n_________________________________________________________ \r\n(a) Mediation. __________________ \r\n(b) Arbitration. __________________ \r\n(c) Conciliation.  __________________ \r\n(5) Deadline for disclosure of witnesses: \r\nParty Deadline \r\n______________________ ______________________ \r\n(6) Trial Schedule \r\n(c) Trial Date  ______________________________ \r\n(d) Anticipate length of ______________________________ \r\n(7) Name of Trial Advocate: ______________________________ \r\nAddress: ______________________________ \r\nTelephone Number: ______________________________ \r\nAdvocate for: ______________________________ \r\nSignature (Advocate) \r\n(8) Name of the Defendant(s) ____________________________ \r\nSignatures (Defendant(s)) ____________________________ \r\nThe court finds that each party was represented by an advocate resp onsible for \r\ntrial of this matter and was given an opportunity to be heard as to all matters \r\nencompassed by the Case Management Statements by each party and the Joint \r\nCase Management Statement by all the parties. The  Court adopts this Statement as \r\nmodified and enters if as the order of this court under Order IX-A. \r\nIT IS SO ORDERED] \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 \r\nthat                     and that the sum of Rs.           be paid by the           to the        on \r\naccount of the costs of this suit, with interest thereon at the rate of           per cent \r\nper annum from this date to date of realization.  \r\nGIVEN under my hand and the seal of the Court, this          day of              \r\n19         . \r\n \r\nJudge. \r\nCosts of Suit. \r\nPlaintiff.  Defendant. \r\n Rs. A. P.   Rs. A. P. \r\n1.Stamp for plaint     Stamp for power     \r\n2.Do. for power     Do. for petition     \r\n3.Do. for exhibits     Pleader's fee     \r\n4.Pleader's fee \r\non Rs. \r\n    Subsistence for witnesses    \r\n5.Subsistence for \r\nwitnesses. \r\n    Service of process    \r\n6.Commissioner's \r\nfee \r\n    Commissioner's fee    \r\n7.Service of \r\nprocess \r\n        \r\nTotal     Total    \r\n \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 \r\nof                  for the plaintiff and of                for the defendant, it is ordered that \r\nthe           do pay to the             the sum of Rs.            with interest thereon at \r\nthe rate of           per cent per annum from            to the date of realization of the \r\nsaid sum and do also pay Rs.         , the costs of this suit with interest thereon at the \r\nrate of           per cent per annum from this date to the date of realization. \r\nGIVEN under my hand and the seal of the Court, this         day of    19    . \r\n \r\n \r\n Judge. \r\n \r\nCosts of Suit. \r\nPlaintiff. Defendant. \r\n Rs. A. P.  Rs. A. P. \r\n1.Stamp for plaint     Stamp for power     \r\n2.Do. for power     Do. for petition    \r\n3.Do. for exhibits    Pleader's fee     \r\nPleader's fee on Rs.    Subsistence for witnesses    \r\nSubsistence for \r\nwitnesses. \r\n   Service of process    \r\nCommissioner's fee    Commissioner's fee    \r\nService of process     \r\n \r\n   \r\nTotal    Total    \r\n \r\n1\r\n[FORM NO. 3. \r\nPreliminary decree for foreclosure. \r\n(Order XXXIV, rule 2.− Where accounts are directed to be taken.) \r\n(Title.) \r\n This suit coming on this…………day, etc.; It is hereby ordered and decreed \r\nthat it be referred to ……………… as the Commissioner to take the accounts \r\nfollowing:− \r\n(i) an account of what is due on this date to the plaintiff for principal and \r\ninterest on his mortgage mentioned in the plaint such interest to be \r\ncomputed at the rate payable on the principal, or, where no such \r\n                                                \r\n1Forms 3 to 11 were substituted by the Transfer of Property (Amendment) Supplementary Act, 1929 (XXI of 1929), published in \r\nthe Punjab Gazette, dated: 25 October 1929, pp. 133-153, s. 8. \r\nrate is fixed, at six per cent. per annum or at such rate as the \r\nCourt deems reasonable; \r\n(ii) an account of the income of the mortgaged property received up to \r\nthis date by the plaintiff or by any other person by the order or for \r\nthe use of the plaintiff or which without the willful default of the \r\nplaintiff or such person might have been so received; \r\n(iii) an account of all sums of money properly incurred by the plaintiff up \r\nto this date for costs, charges and expenses (other than the costs \r\nof the suit) in respect of the mortgage­security, together with \r\ninterest thereon (such interest to be computed at the rate agreed \r\nbetween the parties, or, failing such rate, at the same rate as is \r\npayable 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 \r\nbefore this date by any act or omission of the plaintiff which is \r\ndestructive of, or permanently injurious to, the property or by his \r\nfailure to perform any of the duties imposed upon him by any law \r\nfor the time being in force or by the terms of the mortgage­deed. \r\n2. And it is hereby further ordered and decreed that any amount received \r\nunder clause (ii) or adjudged due under clause (iv) above, together with interest \r\nthereon, shall first be adjusted against any sums paid by the plaintiff under clause \r\n(iii), together with interest thereon, and the balance, if any, shall be added to the \r\nmortgage­money 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 \r\nand thereafter in reduction or discharge of the principal. \r\n3. And it is hereby further ordered that the said Commissioner shall present \r\nthe account to this Court with all convenient despatch after making all just \r\nallowances on or before the          day of          , and that upon such report of the \r\nCommissioner being received, it shall be confirmed and countersigned, subject to \r\nsuch modification as may be necessary after consideration of such objections as \r\nthe 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 \r\nextended by the Court, such sum as the Court shall find due, and the \r\nsum of Rs.           for the costs of the suit awarded to the plaintiff; \r\n(ii) that, on such payment and on payment thereafter before such date \r\nas the Court may fix of such amount as the Court may adjudge due \r\nin respect of such costs of the suit and such costs, charges and \r\nexpenses as may be payable under rule 10, together with such \r\nsubsequent interest as may be payable under rule 11 of Order \r\nXXXIV of the First Schedule to the Code of Civil Procedure, 1908, the \r\nplaintiff shall bring into Court all documents in his possession or \r\npower relating to the mortgaged property in the plaint mentioned, and \r\nall such documents shall be delivered over to the defendant, or to \r\nsuch person as he appoints, and the plaintiff shall, if so required, \r\nreconvey or retransfer the said property free from the said mortgage \r\nand clear of and from all incumbrances created by the plaintiff or any \r\nperson claiming under him or any person under whom he claims \r\nand free from all liability whatsoever arising from the mortgage or \r\nthis suit and shall, if so required, deliver up to the defendant quiet \r\nand peacea ble possession of the said property. \r\n5. And it is hereby further ordered and decreed that, in default of \r\npayment as aforesaid, the plaintiff shall be at liberty to apply to the Court for a \r\nfinal decree that the defendant shall thenceforth stand absolutely debarred and \r\nforeclosed of and from all right to redeem the mortgaged property described in \r\nthe Schedule annexed hereto and shall, if so required, deliver up to the plaintiff \r\nquiet and peaceable possession of the said property; and that the parties shall be \r\nat liberty to apply to the Court from time to time as they may have occasion, and \r\non 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\nFORM NO. 3A. \r\nPreliminary decree for foreclosure.  \r\n(Order XXXIV, rule 2.− Where the Court declares the amount due.) \r\n(Title.) \r\n This suit coming on this           day, etc.; It is hereby declared that the \r\namount due to the plaintiff on his mortgage mentioned in the plaint calculated up to \r\nthis            day of           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 \r\nexpenses (other than the costs of the suit) properly incurred by the plaintiff in \r\nrespect of the mortgage- security, together with interest thereon, and the sum of \r\nRs.             for the costs of the suit awarded to the plaintiff, making in all the sum \r\nof 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 \r\nof           or any later date up to which time for payment may be \r\nextended by the Court of the said sum of Rs.            . \r\n(ii) that, on such payment and on payment thereafter before such date \r\nas the Court may fix of such amount as the Court may adjudge due \r\nin respect of such costs of the suit and such costs, charges and \r\nexpenses as may be payable under rule 10, together with \r\nsuch subsequent interest as may be payable under rule 11, of Order \r\nXXXIV of the First Schedule to the Code of Civil Procedure, 1908, \r\nthe plaintiff shall bring into Court all documents in his possession or \r\npower relating to the mortgaged property in the plaint mentioned, and \r\nall such documents shall be delivered over the defendant, or to \r\nsuch person as he appoints, and the plaintiff shall, if so required, \r\nreconvey or retransfer the said property free from the said mortgage \r\nand clear of and from all incumbrances created by the plaintiff or \r\nany person claiming under him or any person under whom he claims \r\nand free from all liability whatsoever arising from the mortgage or this \r\nsuit and shall, if so required, deliver up to the defendant quiet and \r\npeacea ble possession of the said property. \r\n3. And it is hereby further ordered and decreed that, in default of \r\npayment as aforesaid, the plaintiff may apply to the Court for a final decree that \r\nthe defendant shall thenceforth stand absolutely debarred and foreclosed of and \r\nfrom 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; and that the parties shall be at liberty \r\nto apply to the Court from time to time as they may have occasion, and on \r\nsuch application or otherwise the Court may give such directions as it thinks fit. \r\n \r\nSCHEDULE. \r\nDescription of the mortgaged property. \r\nFORM No. 4. \r\nFinal decree for foreclosure.  \r\n(Order XXXIV, rule 3.)  \r\n(Title.) \r\n Upon reading the preliminary decree passed in this suit on the             \r\nday of             and further orders (if any) dated the             day of              and the \r\napplication of the plaintiff dated the             day of             or a final decree and \r\nafter hearing the parties and it appearing that the payment directed by the said \r\ndecree and orders has not been made by the defendant or any person on his \r\nbehalf or any other person entitled to redeem the said mortgage: \r\nIt is hereby ordered and decreed that the defendant and all persons \r\nclaiming through or under him be and they are hereby absolutely debarred and \r\nforeclosed of and from all right of redemption of and in the property in the aforesaid \r\npreliminary decree mentioned; \r\n1\r\n[and (if the defendant be in possession of the \r\nsaid mortgaged property) that the defendant shall deliver to the plaintiff quite \r\nand peacea ble possession of the said mortgaged property]. \r\n2. And it is hereby further declared that the whole of the liability whatsoever of \r\nthe defendant upto this day arising from the said mortgage mentioned in the \r\nplaint or from this suit is hereby discharged and extinguished. \r\n \r\nFORM No. 5 \r\nPreliminary decree 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 \r\nthat it be referred to             as the Commissioner to take the accounts following:– \r\n                                                \r\n1Words not required to be deleted. \r\n(i) an account of what is due on this date to the plaintiff for principal \r\nand interest on his mortgage mentioned in the plaint (such interest \r\nt o  be computed at the rate payable on the principal or where no \r\nsuch rate is fixed, at six per cent. per annum or at such rate as the \r\nCourt deems reasonable); \r\n(ii) an account of the income of the mortgaged property received up to \r\nthis date by the plaintiff or by any other person by the order or for \r\nthe use of the plaintiff or which without the willful default of the \r\nplaintiff or such person might have been so received; \r\n(iii) an account of all sums of money properly incurred by the plaintiff up \r\nto this date for costs, charges and expenses (other than the costs of \r\nthe suit) in respect of the mortgage­security, together with interest \r\nthereon (such interest to be computed at the rate agreed between \r\nthe parties, or, failing such rate, at the same rate as is payable on \r\nthe principal, or, failing both such rates, at nine per cent. per annum); \r\n(iv) an account of any loss or damage caused to the mortgaged property \r\nbefore this date by any act or omission of the plaintiff which is \r\ndestructive of, or permanently injurious to, the property or by his \r\nfailure to perform any of the duties imposed upon him by any law for \r\nthe time being in force or by the terms of the mortgage-deed. \r\n2. And it is hereby further ordered and decreed that any amount received \r\nunder clause (ii) or adjudged due under clause (iv) above, together with interest \r\nthereon, shall first be adjusted against any sums paid by the plaintiff under clause \r\n(iii), together with interest thereon, and the balance, if any, shall be added to the \r\nmortgage money 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 \r\nthereafter in reduction or discharge of the principal. \r\n3. And it is hereby further ordered that the said Commissioner shall present \r\nthe account to this Court with all convenient despatch after making all just \r\nallowances on or before the            day of            , and that upon such report of \r\nthe Commissioner being received, it shall be confirmed and countersigned, \r\nsubject 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 defendant do pay into Court on or before the day of             \r\nor any later date up to which time for payment may be extended by \r\nthe Court, such sum as the Court shall find due and the sum of Rs.      \r\nfor the costs of the suit awarded to the plaintiff; \r\n(ii)  that, on such payment and on payment thereafter before such date \r\nas the Court may fix of such amount as the Court may adjudge due \r\nin respect of such costs of the suit, and such costs, charges and \r\nexpenses as may be payable under rule 10, together with such \r\nsubsequent interest as may be payable under rule 11, of Order \r\nXXXIV of the First Schedule to the Code of Civil Procedure, 1908, \r\nthe plaintiff shall bring into Court all documents in his possession or \r\npower relating to the mortgaged property in the plaint mentioned, \r\nand all such documents shall be delivered over to the defendant, or \r\nto such person as he appoints, and the plaintiff shall, if so required, \r\nreconvey or retransfer the said property free from the mortgage and \r\nclear of and from all incumbrances created by the plaintiff or any \r\nperson claiming under him or any person under whom he claims and \r\nshall, 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 \r\npayment as aforesaid, the plaintiff may apply to the Court for a final decree for \r\nthe sale of the mortgaged property; and on such application being made the \r\nmortgaged property or a sufficient part thereof shall be directed to be sold; and for \r\nthe purposes of such sale the plaintiff shall produce before the Court, or such \r\nofficer as it appoints, all documents in his possession or power relating to the \r\nmortgaged property. \r\n6. And it is hereby further ordered and decreed that the money realised by \r\nsuch sale shall be paid into Court and shall be duly applied (after deduction \r\ntherefrom of the expenses of the sale) in payment of the amount payable to the \r\nplaintiff under this decree and under any further orders that may be passed in \r\nthis 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 \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, and that the balance, if any, shall be paid \r\nto 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 \r\nsuch sale shall not be sufficient for payment in full of the amount payable to the \r\nplaintiff as aforesaid, the plaintiff shall be at liberty (where such remedy is open to \r\nhim under 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 the defendant for the amount of \r\nthe balance; and that the parties are at liberty to apply to the Court from time to \r\ntime as they may have occasion, and on such application or otherwise the Court \r\nmay give such directions at it thinks fit. \r\n \r\nSCHEDULE. \r\nDescription of the mortgaged property. \r\n \r\nForm No. 5A. \r\nPreliminary decree for sale. \r\n(Order XXXIV, rule 4.– When the Court declares the amount due.) \r\n(Title.) \r\nThis suit coming on this            day, etc.; It is hereby declared that the \r\namount due to the plaintiff on the mortgage mentioned in the plaint calculated up to \r\nthis            day of                        is the sum of Rs.              for principal, the sum of \r\nRs.             for interest on the said principal, the sum of Rs.             for costs, \r\ncharges and expenses (other than the costs of the suit) properly incurred by the \r\nplaintiff 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 \r\nsum 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 \r\nof             or any later date up to which time for payment may be \r\nextended by the Court, the said sum of Rs.             ; \r\n(ii)  that, on such payment and on payment thereafter before such date \r\nas the Court may fix of such amount as the Court may adjudge due \r\nin respect of such costs of the suit and such costs, charges and \r\nexpenses as may be payable under rule 10, together with such \r\nsubsequent interest as may be payable under rule 11, of Order \r\nXXXIV of the First Schedule to the Code of Civil Procedure, 1908, \r\nthe plaintiff shall bring into Court all documents in his possession or \r\npower relating to the mortgaged property in the plaint mentioned \r\nand all such documents shall be delivered over to the defendant, or \r\nto such person as he appoints, and the plaintiff shall, if so required, \r\nreconvey or retransfer the said property free from the said mortgage \r\nand clear of and from all incumbrances created by the plaintiff or \r\nany person claiming under him or any person under whom he claims \r\nand shall if so required, deliver up to the defendant quiet and \r\npeacea ble possession of the said property. \r\n3. And it is hereby further ordered and decreed that, in default of \r\npayment as aforesaid, the plaintiff may apply to the Court for the final decree for \r\nthe sale of the mortgaged property; and on such application being made, the \r\nmortgaged property or a sufficient part thereof shall be directed to be sold; and for \r\nthe purposes of such sale the plaintiff shall produce before the Court or such \r\nofficer as it appoints all documents in his possession or power relating to the \r\nmortgaged property. \r\n4. And it is hereby further ordered and decreed that the money realised by \r\nsuch sale shall be paid into Court and shall be duly applied ( after deduction \r\ntherefrom of the expenses of the sale) in payment of the amount payable to the \r\nplaintiff under this decree and under any further orders that may be passed in \r\nthis 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 \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, and that the balance, if any, shall be paid \r\nto 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 \r\nsuch sale shall not be sufficient for payment in full of the amount payable to the \r\nplaintiff as aforesaid, the plaintiff shall be at liberty (where such remedy is open to \r\nhim under the terms of his mortgage and is not barred by any law for the time being \r\nin force) to apply for the personal decree against the defendant for the amount of \r\nthe balance; and that the parties are at liberty to apply to the Court from time to \r\ntime 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\nFORM No. 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\r\n    and further orders (if any) dated the            day of                     and the \r\napplication of the plaintiff dated the             day of            for a final decree and \r\nafter hearing the parties and it appearing that the payment directed by the said \r\ndecree and orders has not been made by the defendant or any person on his \r\nbehalf or any other person entitled to redeem the mortgage; \r\nIt is hereby ordered and decreed that the mortgaged property in the \r\naforesaid preliminary decree mentioned or a sufficient part thereof be sold, and \r\nthat for the purposes of such sale the plaintiff shall produce before the Court or \r\nsuch officer as it appoints all documents in his possession or power relating to \r\nthe mortgaged property. \r\n2. And it is hereby further ordered and decreed that the money realised by \r\nsuch sale shall be paid into the Court and shall be duly applied (after deduction \r\ntherefrom of the expenses of the sale) in payment of the amount payable to the \r\nplaintiff under the aforesaid preliminary decree and under any further orders that \r\nmay have been passed in this suit and in payment of any amount which the \r\nCourt may have adjudged due to the plaintiff for such costs of the suit including \r\nthe costs of this application and such costs, charges and expenses as may be \r\npayable under rule 10, together with such subsequent interest as may be payable \r\nunder 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 \r\nother persons entitled to receive the same. \r\n \r\nFORM No. 7. \r\nPreliminary decree for redemption where on default of payment by \r\nmortgagor 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 \r\nthat it be 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 \r\ninterest to be computed at the rate payable on the principal or \r\nwhere no such rate is fixed, at six per cent. per annum or at such \r\nrate as the Court deems reasonable); \r\n(ii) an account of the income of the mortgaged property received up \r\nto this date by the defendant or by any other person by order or for \r\nthe use of the defendant or which without the wilful default of the \r\ndefendant or such person might have been so received; \r\n(iii) an account of all sums of money properly incurred by the defendant \r\nup to this date for costs, charges and expenses (other than the \r\ncosts of the suit) in respect of the mortgage­ security, together with \r\ninterest thereon (such interest to be computed at the rate agreed \r\nbetween the parties, or, failing such rate, at the same rate as is \r\npayable 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 \r\nbefore this             date             by any act or omission of the \r\ndefendant which is destructive of, or permanently injurious to, the \r\nproperty or by his failure to perform any of the duties imposed upon \r\nhim by any law for the time being in force or by the terms of the \r\nmortgage­deed. \r\n2. It is hereby further ordered and decreed that any amount received under \r\nclause (ii) or adjudged due under clause (iv) above, together with interest thereon, \r\nshall be adjusted against any sums paid by the defendant under clause (iii), \r\ntogether with interest thereon, and the balance, if any, shall be added to the \r\nmortgage­money or, as the case may be, be debited in reduction of the \r\namount due to the defendant on account of interest on the principal sum \r\nadjudged due and thereafter in reduction or discharge of the principal. \r\n3. And it is hereby further ordered that the said Commissioner shall present \r\nthe account to this Court with all convenient despatch after making all just \r\nallowances on or before the            day of  , and that upon such report of \r\nthe Commissioner being received, it shall be confirmed and countersigned, \r\nsubject 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        , \r\nor any later date up to which time for payment may be extended by \r\nthe Court such sum as the Court shall find due and the sum of Rs.   \r\nfor the costs of the suit awarded to the defendant; \r\n(ii)  that, on such payment, and on payment thereafter before such date \r\nas the Court may fix of such amount as the Court may adjudge due \r\nin respect of such costs of the suit and such costs, charges and \r\nexpenses as may be payable under rule 10, together with such \r\nsubsequent interest as may be payable under rule 11, of Order \r\nXXXIV of the First Schedule to the Code of Civil procedure, 1908, the \r\ndefendant shall bring into Court all documents in his possession or \r\npower relating to the mortgaged property in the plaint mentioned, \r\nand all such documents shall be delivered over to the plaintiff, or to \r\nsuch person as he appoints, and the defendant shall, if so required, \r\nreconvey or retransfer the said property free from the said mortgage \r\nand clear of and from all incumbrances created by the defendant or \r\nany person claiming under him or any person under whom he claims \r\nand free from all liability whatsoever arising from the mortgage or this \r\nsuit and shall, if so required, deliver up to the plaintiff quiet and \r\npeacea ble possession of the said property. \r\n5. And it is hereby further ordered and decreed that, in default of \r\npayment as aforesaid, the defendant shall be at liberty to apply to the Court for a \r\nfinal decree that the plaintiff shall thenceforth stand absolutely debarred and \r\nforeclosed of and from all right to redeem the mortgaged property described in \r\nthe Schedule annexed hereto and shall, if so required, deliver up to the \r\ndefendant quiet and peacea ble possession of the said property; and that the \r\nparties shall be 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 \r\ndirections as it thinks fit. \r\n \r\nSCHEDULE. \r\nDescription of the mortgaged property. \r\n \r\nFORM No. 7A. \r\nPreliminary decree for redemption where on default of payment by \r\nmortgagor 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 \r\nthat it be 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 \r\ninterest to be computed at the rate payable on the principal or \r\nwhere no such rate is fixed, at six per cent. per annum or at such \r\nrate as the Court deems reasonable); \r\n(ii) an account of the income of the mortgaged property received up \r\nto this date by the defendant or by any other person by the order \r\nor for the use of the defendant or which without the wilful default of \r\nthe defendant or such person might have been so received; \r\n(iii) an account of all sums of money properly incurred by the \r\ndefendant up to this date for costs, charges and expenses (other \r\nthan the costs of the suit) in respect of the mortgage­ security, \r\ntogether with interest thereon (such interest to be computed at the \r\nrate 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 \r\nper cent. per annum); \r\n(iv) an account of any loss or damage caused to the mortgaged property \r\nbefore this date by any act or omission of the defendant which is \r\ndestructive of, or permanently injurious to, the property or by his \r\nfailure to perform any of the duties imposed upon him by any law for \r\nthe time being in force or by the terms of the mortgage­deed. \r\n2. And it is hereby further ordered and decreed that any amount received \r\nunder clause (ii) or adjudged due under clause (iv) above, together with interest \r\nthereon, shall first be adjusted against any sums paid by the defendant under \r\nclause (iii), together with interest thereon, and the balance, if any, shall be added \r\nto the mortgage­money, or, as the case may be, be debited in reduction of the \r\namount due to the defendant on account of interest on the principal sum \r\nadjudged due and thereafter in reduction or discharge of the principal. \r\n3. And it is hereby further ordered that the said Commissioner shall present \r\nthe account to this Court with all convenient despatch after making all just \r\nallowances on or before the            day of  and that, upon such report of \r\nthe Commissioner being received, it shall be confirmed and countersigned, \r\nsubject 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 \r\nof                        or any later date up to which time for payment may \r\nbe extended by the Court, such sum as the Court shall find due and \r\nthe sum of Rs.             for the costs of the suit awarded to the \r\ndefendant; \r\n(ii) that, on such payment and on payment thereafter before such date \r\nas the Court may fix of such amount as the Court may adjudge due \r\nin respect of such costs of the suit and such costs, charges and \r\nexpenses as may be payable under rule 10, together with \r\nsuch subsequent interest as may be payable under rule 11, of \r\nOrder XXXIV of the First Schedule to the Code of Civil Procedure, \r\n1908, the defendant shall bring into Court all documents in his \r\npossession or power relating to the mortgaged property in the plaint \r\nmentioned, and all such documents shall be delivered over to the \r\nplaintiff, or to such person as he appoints, and the defendant shall, \r\nif so required, reconvey or retransfer the said property free from the \r\nsaid mortgage and clear of and from all incumbrances created by the \r\ndefendant or any person claiming under him or any person under \r\nwhom he claims and shall, if so required, deliver up to the plaintiff \r\nquiet and peacea ble possession of the said property. \r\n5. And it is hereby further ordered and decreed that, in default of \r\npayment as aforesaid, the defendant may apply to the court for a final decree for \r\nthe sale of the mortgaged property; and on such application being made, the \r\nmortgaged property or a sufficient part thereof shall be directed to be sold; and for \r\nthe purposes of such sale the defendant shall produce before the Court or such \r\nofficer as it appoints, all documents in his possession or power relating to the \r\nmortgaged property. \r\n6. And it is hereby further ordered and decreed that the money realised by \r\nsuch sale shall be paid into Court and shall be duly applied (after deduction \r\ntherefrom of the expenses of the sale) in payment of the amount payable to the \r\ndefendant under this decree and under any further orders that may be passed in \r\nthis 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 \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 to \r\nthe 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\n7. And it is hereby further ordered and decreed that, if the money realised by \r\nsuch sale shall not be sufficient for payment in full of the amount payable to the \r\ndefendant as aforesaid, the defendant shall be at liberty (where such remedy is \r\nopen to him under the terms of his mortgage and is not barred by any law for the \r\ntime being in force) to apply for a personal decree against the plaintiff for the \r\namount of the balance; and that the parties are at liberty to apply to the Court from \r\ntime to time as they may have occasion, and on such application or otherwise the \r\nCourt may give such directions as it thinks fit. \r\n \r\nSCHEDULE. \r\nDescription of the mortgaged property \r\n \r\nFORM  No. 7B. \r\nPreliminary decree for redemption where on default of payment by \r\nmortgagor 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 \r\namount due to the defendant on the mortgage mentioned in the plaint calculated \r\nup to this             day of    is the sum of Rs.   for principal, the sum of \r\nRs.                                             for interest on the said principal, the sum of Rs.                \r\nfor costs, charges and expenses (other than the costs of the suit) properly incurred \r\nby 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 and decreed as follows:– \r\n(i) that the plaintiff do pay into Court on or before the                        day \r\nof                or any later date up to which time for payment may be \r\nextended by the Court the said sum of Rs.                ; \r\n(ii) that, on such payment and on payment thereafter before such date \r\nas the Court may fix of such amount as the Court may adjudge due \r\nin respect of such costs of the suit and such costs, charges and \r\nexpenses as maybe payable under rule 10, together with \r\nsuch subsequent interest as maybe payable under rule 11, of Order \r\nXXXIV of the First Schedule to the Code of Civil Procedure, 1908, the \r\ndefendant shall bring into Court all documents in his possession or \r\npower relating to the mortgaged property in the plaint mentioned, and \r\nall such documents shall be delivered over to the plaintiff, or to such \r\nperson as he appoints, and the defendant shall, if so required, \r\nreconvey or retransfer the said property free from the said mortgage \r\nand clear of and from all incumbrances created by the defendant or \r\nany person claiming under him or any person under whom he claims, \r\nand free from all liability whatsoever arising from the mortgage or this \r\nsuit and shall, if so required, deliver up to the plaintiff quiet and \r\npeacea ble possession of the said property. \r\n3. And it is hereby further ordered and decreed that, in default of \r\npayment as aforesaid, the defendant may apply to the Court for a final decree \r\nthat the plaintiff 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 defendant quiet and \r\npeacea ble possession of the said property; and that the parties shall be at liberty \r\nto apply to the Court from time to time as they may have occasion, and on such \r\napplication 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\nFORM No. 7C. \r\nPreliminary decree for redemption where on default of payment  by \r\nmortgagor 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 \r\namount due to the defendant on the mortgage mentioned in the plaint calculated \r\nup to this                day of                is the sum of Rs.                 for principal, the \r\nsum of Rs.                for interest on the said principal, the sum of Rs.                for \r\ncosts, charges and expenses (other than the costs of the suit) properly incurred \r\nby the defendant in respect of the mortgage­security together with interest \r\nthereon, and the sum of Rs.                for the cost of this suit awarded to the \r\ndefendant, 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 \r\nof                or any later date up to which time the payment may be \r\nextended by the Court the said sum of Rs.                ; \r\n(ii)  that, on such payment and on payment thereafter before such date \r\nas the Court may fix of such amount as the Court may adjudge due \r\nin respect of such costs of the suit and such costs, charges and \r\nexpenses as may be payable under rule 10, together with \r\nsuch subsequent interest as may be payable under rule 11, of \r\nOrder XXXIV of the First Schedule to the Code of Civil Procedure, \r\n1908, the defendant shall bring into Court all documents in his \r\npossession or power relating to the mortgaged property in the plaint \r\nmentioned, and all such documents shall be delivered over to the \r\nplaintiff, or such person as he appoints, and the defendant shall, if \r\nso required, reconvey or retransfer the said property to the plaintiff \r\nfree from the said mortgage and clear of and from all \r\nincumbrances created by the defendant or any person claiming \r\nunder him or any person under whom he claims and shall, if so \r\nrequired, deliver up to the plaintiff quiet and peaceable \r\npossession of the said property. \r\n3. And it is hereby further ordered and decreed that, in default of \r\npayment as aforesaid, the defendant may apply to the Court for a final decree for \r\nthe sale of the mortgaged property; and on such application being made, the \r\nmortgaged property or a sufficient part thereof shall be directed to be sold; and for \r\nthe purposes of such sale the defendant shall produce before the Court or such \r\nofficer as it appoints all documents in his possession or power relating to the \r\nmortgaged property. \r\n4. And it is hereby further ordered and decreed that the money realised by \r\nsuch sale shall be paid into Court and shall be duly applied (after deduction \r\ntherefrom of the expenses of the sale) in payment of the amount payable to the \r\ndefendant under this decree and under any further orders that may be passed in \r\nthis 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 \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 to \r\nthe Code of Civil Procedure, 1908, and that the balance, if any, shaIl 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 \r\nsuch sale shall not be sufficient for the payment in full of the amount payable to \r\nthe defendant as aforesaid, the defendant shall be at liberty (where such \r\nremedy is open to him under the terms of the mortgage and is not barred by \r\nany law for the time being in force) to apply for a personal decree against the \r\nplaintiff for the amount of the balance; and that the parties are at liberty to apply to \r\nthe Court from time to time as they may have occasion, and on such application \r\nor otherwise the Court may give such directions as it thinks fit. \r\n \r\nSCEHDULE. \r\nDescription of the mortgaged property.  \r\n \r\nFORM No. 7D. \r\nFinal decree for foreclosure in a redemption suit on default of payment by \r\nmortgagor . \r\n(O. XXXIV, r. 8. ) \r\n(Title.) \r\nUpon reading the preliminary decree in this suit on the                          , day \r\nof         and further orders (if any) dated the        day of           and the application of \r\nthe defendant dated the               day of                for a final decree and after \r\nhearing the parties, and it appearing that the payment as directed by the said \r\ndecree and orders has not been made by the plaintiff or any person on his behalf \r\nor any other person entitled to redeem the mortgage: \r\nIt is hereby ordered and decreed that the plaintiff and all persons claiming \r\nthrough or under him be and they are hereby absolutely debarred and foreclosed \r\nof and from all right of redemption of and in the property in the aforesaid \r\npreliminary decree mentioned \r\n1\r\n[and (if the plaintiff be in possession of that said \r\nmortgaged property) that the plaintiff shall deliver to the defendant quiet and \r\npeacea ble possession of the said mortgaged property]. \r\n2. And it is hereby further declared that the whole of the liability whatsoever of \r\nthe plaintiff up to this day arising from the said mortgage mentioned in the plaint \r\nor from this suit is hereby discharged and extinguished. \r\n \r\nFORM No. 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                , \r\nday of                and further orders (if any) dated the  day of                  and the \r\napplication of the defendant dated the                day of                 for a final \r\ndecree and after hearing the parties, and it appearing that the payment directed \r\nby the said decree and orders has not been made by the plaintiff or any person \r\non his behalf or any other person entitled to redeem the mortgage: \r\nIt is hereby ordered and decreed that the mortgaged property in the \r\naforesaid preliminary decree mentioned or a sufficient part thereof be sold and that \r\nfor the purposes of such sale the defendant shall produce before the Court, or \r\nsuch officer as it appoints, all documents in his possession or power relating to \r\nthe mortgaged property. \r\n2. And it is hereby further ordered and decreed that the money realised by \r\nsuch sale shall be paid into Court and shall be duly applied (after deduction \r\ntherefrom of the expenses of the sale) in payment of the amount payable to the \r\ndefendant under the aforesaid preliminary decree and under any further orders that \r\nmay have been passed in this suit and in payment of any amount which the Court \r\nmay have adjudged due to the defendant for such costs of this suit including the \r\ncosts of this application and such costs, charges and expenses as may be \r\npayable under rule 10, together with the subsequent interest as may be payable \r\nunder 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 plaintiff or \r\nother persons entitled to receive the same. \r\n \r\n \r\n                                                \r\n1Words not required to be deleted. \r\nFORM No. 7F. \r\nFinal decree in a suit for foreclosure, sale or redemption where the \r\nmortgagor 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 \r\nthat on the           day of                the mortgagor                or, the same being a \r\nperson entitled to redeem, has paid into Court all amounts due to the mortgagee \r\nunder the preliminary decree dated the                 day of                ; It is hereby \r\nordered and decreed that:– \r\n(i) the mortgagee do execute a deed of reconveyance of the \r\nproperty in the aforesaid preliminary decree mentioned in favour of \r\nthe mortgagor \r\n1\r\n[or, as the case may be,   ] who has redeemed \r\nthe property or an acknowledgment of the payment of the amount due \r\nin his favour; \r\n(ii) the mortgagee do bring into Court all documents in his \r\npossession and power relating to the mortgaged property in the suit. \r\nAnd it is hereby further ordered and decreed that, upon the mortgagee \r\nexecuting the deed of reconveyance 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 \r\nof Court to the mortgagor \r\n2\r\n[or the person making the payment] and \r\nthe mortgagee do, when so required, concur in registering, at the \r\ncost of the mortgagor \r\n3\r\n[or other person making the payment], the said \r\ndeed of reconveyance or the acknowledgment in the office of the \r\nSub­Registrar of   ;and \r\n(iii) \r\n4\r\n[if the mortgagee, plaintiff or defendant, as the case may be, is in \r\npossession of the mortgaged property] that the mortgagee do \r\nforthwith deliver possession of the mortgaged property in the \r\naforesaid preliminary decree mentioned to the mortgagor \r\n5\r\n[or such \r\nperson as aforesaid who has made the payment]. \r\n \r\nFORM No. 8. \r\nDecree against mortgagor personally for balance after the sale of the \r\nmortgaged property. \r\n(Order  XXXIV, rules  6 and 8A.) \r\n(Title.) \r\nUpon reading the application of the mortgagee (the plaintiff or defendant, as \r\nthe case may be) and reading the final decree passed in the suit on the                                    \r\n                                                \r\n1Words not required to be deleted. \r\n2Words not required to be deleted. \r\n3Words not required to be deleted. \r\n4Words not required to be deleted. \r\n5Words not required to be deleted. \r\nday of                   and the Court being satisfied that the net proceeds of the sale \r\nheld under the aforesaid final decree amounted to Rs.           and have been paid \r\nto the applicant out of the Court on the          day of           and that the balance \r\nnow due to him under the aforesaid decree is Rs.         ; \r\nAnd whereas it appears to the Court that the said sum is legally \r\nrecoverable from the mortgagor (plaintiff or defendant, as the case may be) \r\npersonally; \r\nIt is hereby ordered and decreed as follows:– \r\nThat the mortgagor (plaintiff or defendant, as the case may be) do pay to \r\nthe mortgagee (defendant or plaintiff, as the case may be) the said sum of Rs.\r\n with further interest at the rate of six per cent. per annum from the day of\r\n (the date of payment out of Court referred to above) up to the date of \r\nrealization of the said sum, and the costs of this application. \r\n \r\nFORM No. 9. \r\nPreliminary decree for foreclosure or sale. \r\n[Plaintiff…………………………………………………………… 1st Mortgagee, \r\nvs. \r\nDefendant No. 1……………………………………………… Mortgagor. \r\nDefendant No. 2………………………………………………..2 nd 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 \r\ndue to the plaintiff on the mortgage mentioned in the plaint calculated up to this    \r\nday of is the sum of Rs.     for principal, the sum of Rs.       for interest on the said \r\nprincipal, the sum of Rs.         for costs, charges and expenses (other than the \r\ncosts of the suit) incurred by the plaintiff in respect of the mortgage security \r\nwith interest thereon and the sum of Rs.          for the costs of this suit awarded to \r\nthe plaintiff, making in all the sum of Rs.               . \r\n(Similarly declarations to be introduced with regard to the amount due \r\nto defendant No. 2  in respect of his mortgage if the mortgage­money due \r\nthereunder has become payable at the date of the suit). \r\n2. It is further declared that the plaintiff is entitled to payment of the amount \r\ndue to him in priority to defendant No. 2 \r\n1\r\n[or (if there are several subsequent \r\nmortgagees) that the several parties hereto are entitled in the following order to the \r\npayment of the sums due to them respectively.] \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\r\n day of    or any later date up to which time for payment has \r\n                                                \r\n1Words not required to be deleted. \r\nbeen extended by the Court the said sum of Rs.       due to the \r\nplaintiff; and \r\n(b) that defendant No.1 do pay into Court on or before the       \r\nday of             or any later date up to which time for payment \r\nhas been extended by the Court the said sum of Rs.          due \r\nto defendant No. 2; and \r\n(ii) that, on payment of the sum declared to be due to the plaintiff by \r\ndefendants or either of them in the manner prescribed in clause (i) \r\n(a) and on payment thereafter before such date as the Court may fix \r\nof such amount as the Court may adjudge due in respect of such \r\ncosts of the suit and such costs, charges and expenses as may be \r\npayable under rule 10, together with such subsequent interest as \r\nmay be payable under rule 11, of Order XXXIV of the First \r\nSchedule to the Code of Civil Procedure, 1908, the plaintiff shall \r\nbring into Court all documents in his possession or power relating \r\nto the mortgaged property in the plaint mentioned, and all such \r\ndocuments shall be delivered over to the defendant No.          \r\n(who has made the payment), or to such person as he appoints, and \r\nthe plaintiff shall, if so required, re­convey or re­transfer the said \r\nproperty free from the said mortgage and clear of and from all \r\nincumbrances created by the plaintiff or any person claiming under \r\nhim or any person under whom he claims, and also free from all \r\nliability whatsoever arising from the mortgage or this suit and shall, if \r\nso required, deliver up to the defendant No. (who has made the \r\npayment) quiet and peacea ble possession of the said property. \r\n(Similar declarations to be introduced, if defendant No.1 pays the amount \r\nfound or declared to be due to defendant No.2 with such variations as may be \r\nnecessary having regard to the nature of his mortgage.) \r\n4. And it is hereby further ordered and decreed that, in default of payment \r\nas aforesaid of the amount due to the plaintiff, the plaintiff shall be at liberty to \r\napply to the Court for a final decree– \r\n(i)  \r\n1\r\n[in the case of a mortgage by conditional sale or an anomalous \r\nmortgage where the only remedy provided for the mortgage­deed is \r\nforeclosure and not sale] that the defendants jointly and severally \r\nshall thenceforth stand absolutely debarred and foreclosed of and \r\nfrom all right to redeem the mortgaged property described in the \r\nSchedule annexed hereto and shall, if so required, deliver to the \r\nplaintiff quiet and peaceable possession of the said property; or \r\n(ii) \r\n2\r\n[in the case of any other mortgage] that the mortgaged property \r\nor a sufficient part thereof shall be sold; and that for the purposes \r\nof such sale the plaintiff shall produce before the Court or such \r\nofficer as it appoints, all documents in his possession or power \r\nrelating to the mortgaged property; and \r\n                                                \r\n1Words not required to be deleted. \r\n2Words not required to be deleted. \r\n(iii) \r\n1\r\n[in the case where a sale is ordered under clause 4 (ii) above] that \r\nthe money realised by such sale shall be paid into Court and be duly \r\napplied (after deduction therefrom of the expenses of the sale) in \r\npayment of the amount payable to the plaintiff under this decree and \r\nunder any further orders that may have been passed in this suit and in \r\npayment of the amount which the Court may adjudge due to the plaintiff \r\nin respect of such costs of this suit and such costs, charges and \r\nexpenses as may be payable under rule 10, together with such \r\nsubsequent 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 \r\nthe balance, if any, shall be applied in payment of the amount due to \r\ndefendant No. 2; and that if any balance be left, it shall be paid to the \r\ndefendant No.1 or other persons entitled to receive the same; and \r\n(iv) That, if the money realised by such sale shall not be sufficient for \r\npayment in full of the amounts due to the plaintiff and defendant No. \r\n2, the plaintiff or defendant No.2 or both of them, as the case may be, \r\nshall be at liberty (when such remedy is open under the terms of their \r\nrespective mortgages 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 \r\nthe 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 \r\namount adjudged due to the plaintiff, but defendant No.1 makes \r\ndefault in the payment of the said amount, defendant No.2 shall be at \r\nliberty to apply to the Court to keep the plaintiff‟s mortgage, alive for \r\nhis benefit and to apply for a final decree (in the same manner as \r\nthe plaintiff might have done under clause 4 above)– \r\n2\r\n[(i) that defendant No.1 shall thenceforth stand absolutely debarred \r\nand foreclosed of and from all right to redeem  the mortgaged \r\nproperty described in the Schedule annexed hereto and shall, if \r\nso required, deliver up to defendant No.2 quiet and peaceable \r\npossession of the said property;] or \r\n3\r\n[(ii) that the mortgaged property or a sufficient part thereof be sold \r\nand that for the purposes of such sale defendant No. 2  shall \r\nproduce before the Court or such officer as it appoints, all \r\ndocuments in his possession or power relating to the \r\nmortgaged property;] \r\nand (b) (if on the application of defendant No. 2 such a final decree for \r\nforeclosure is passed), that the whole of the liability of defendant No.1 arising from \r\nthe plaintiff‟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\n                                                \r\n1Words not required to be deleted. \r\n2Words not required to be deleted. \r\n3Words not required to be deleted. \r\n6. And it is hereby further ordered and decreed \r\n1\r\n[in the case where a sale is \r\nordered under clause 5 above]– \r\n(i) that the money realised by such sale shall be paid into Court and be \r\nduly applied (after deduction therefrom of the expenses of the sale) \r\nfirst in payment of the amount paid by defendant No. 2 in respect of \r\nthe plaintiff's mortgage and the costs of the suit in connection \r\ntherewith and in payment of the amount which the Court may adjudge \r\ndue in respect of subsequent interest on the said amount; and that \r\nthe 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 \r\nunder this decree and any further orders that may be passed and in \r\npayment of the amount which the Court may adjudge, due in respect of \r\nsuch costs of this suit and such costs, charges and expenses as \r\nmay be payable to defendant No. 2 under rule 10, together with \r\nsuch subsequent interest as may be payable under rule 11, of \r\nOrder XXXIV of the First Schedule to the Code of Civil Procedure, \r\n1908, and that the balance, if any, shall be paid to defendant No. 1 \r\nor other persons entitled to receive the same; and \r\n(ii) that, if the money realised by such sale shall not be sufficient for \r\npayment in full of the amount due in respect of the plaintiff‟s \r\nmortgage or defendant No. 2‟s mortgage, defendant No. 2 shall be at \r\nliberty (where such remedy is open to him under the terms of his \r\nmortgage and is not barred by any law for the time being in force) \r\nto apply for a personal decree against defendant No. 1  for the \r\namount of the balance. \r\n7. And it is hereby further ordered and decreed that the parties are at liberty \r\nto apply to the Court from time to time as they may have occasion, and on such \r\napplication 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\nFORM No. 10. \r\nPreliminary decree for redemption of prior mortgage and foreclosure or sale on \r\nsubsequent mortgage. \r\n[Plaintiff………………………..…………………………………………..2nd  Mortgagee, \r\nvs. \r\nDefendant No.1…………………………………………………… .Mortgagor, \r\nDefendant No.2……………………………………………….1 st Mortgagee.] \r\n \r\n \r\n                                                \r\n1Words not required to be deleted. \r\n(Order XXXIV, rules 2, 4 and 7.) \r\n(Title.) \r\nThis suit coming on this      day, etc.; It is hereby declared that the \r\namount due to defendant No. 2  on the mortgage mentioned in the plaint \r\ncalculated up to this      day of      is the sum of Rs.      for principal, the sum of \r\nRs.       for interest on the said principal, the sum of Rs.                        for costs, \r\ncharges 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 \r\nsum of Rs.  for the costs of this suit awarded to defendant No. 2, making in all \r\nthe sum of Rs.        \r\n(Similar declarations to be introduced with regard to the amount due from \r\ndefendant No.1 to the plaintiff in respect of his mortgage if the mortgage-money \r\ndue thereunder has become payable at the date of the suit.) \r\n2. It is further declared that defendant No. 2 is entitled to payment of the \r\namount due to him in priority to the plaintiff\r\n1 [or (if there are several subsequent \r\nmortgagees) that the several parties hereto are entitled in the following order to the \r\npayment 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 \r\non or before the      day of      or any later date up to which time for \r\npayment 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 \r\nof or any later date up to which time for p ayment has been \r\nextended by the Court the said sum  of Rs.       due to the \r\nplaintiff; and \r\n(ii) that, on payment of the sum declared due to defendant No. 2 by the \r\nplaintiff and defendant No.1 or either of them in the manner prescribed \r\nin clause (i) (a) and on payment thereafter before such date as the \r\nCourt 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 \r\nexpenses as may be payable under rule 10, together with such \r\nsubsequent interest as may be payable under rule 11, of Order \r\nXXXIV of the First Schedule to the Code of Civil Procedure, 1908, \r\ndefendant No. 2 shall bring into Court all documents in his \r\npossession or power relating to the mortgaged property in the plaint \r\nmentioned, and all such documents shall be delivered over to the \r\nplaintiff or defendant No.1 (whoever has made the payment), or to \r\nsuch person as he appoints, and defendant No. 2 shall, if so \r\nrequired, re­convey or re­transfer the said property free from the \r\nsaid mortgage and clear of and from all in­cumbrances created by \r\ndefendant No. 2  or any person claiming under him or any person \r\nunder whom he claims, and also free from all liability whatsoever \r\narising from the mortgage or this suit and shall, if so required, deliver \r\n                                                \r\n1Words not required to be deleted. \r\nup 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 \r\nfound or declared due to the plaintiff with such variations as may be necessary \r\nhaving regard to the nature of his mortgage.) \r\n4. And it is hereby further ordered and decreed that, in default of payment as \r\naforesaid, of the amount due to defendant No. 2, defendant No. 2 shall be at liberty \r\nto apply to the Court that the suit be dismissed or for a final decree– \r\n(i) \r\n1\r\n[in the case of mortgage by conditional sale or an anomalous \r\nmortgage where the only remedy provided for in the mortgage-deed \r\nis foreclosure and not sale] that the plaintiff and defendant No. 1  \r\njointly and severally shall thenceforth stand absolutely debarred and \r\nforeclosed of and from all right to redeem the mortgaged property \r\ndescribed in the Schedule annexed hereto and shall, if so required, \r\ndeliver to the defendant No. 2 quiet and peaceable possession of the \r\nsaid property; or \r\n(ii) \r\n2\r\n[in the case of any other mortgage] that the mortgaged property or a \r\nsufficient part thereof shall be sold; and that for the purposes of such \r\nsale defendant No. 2 shall produce before the Court or such officer as \r\nit appoints, all documents in his possession or power relating to the \r\nmortgaged property; and \r\n(iii) \r\n3\r\n[in the case where a sale is ordered under clause 4(ii) above] that \r\nthe money realised by such sale shall be paid into Court and be duly \r\napplied (after deduction therefrom of the expenses of the sale) in \r\npayment of the amount payable to defendant No. 2 under the decree \r\nand any further orders that may be passed in this suit and in payment of \r\nthe amount which the Court may adjudge due to defendant No. 2  in \r\nrespect of such costs of the suit and such costs, charges and \r\nexpenses as may be payable to the plaintiff under rule 10, \r\ntogether with such subsequent interest as may be payable under \r\nrule 11, of Order XXXIV of the First Schedule to the Code of \r\nCivil Procedure, 1908; and that the balance, if any, shall be \r\napplied in payment of the amount due to the plaintiff and that, if \r\nany balance be left, it shall be paid to defendant No. 1  or other \r\npersons entitled to receive the same; and \r\n(iv) that, if the money realized by such sale shall not be sufficient for \r\npayment in full of the amounts due to defendant No. 2  and the \r\nplaintiff, defendant No. 2 or the plaintiff or both of them, as the case \r\nmay be, shall be at liberty (when such remedy is open under the \r\nterms of their respective mortgages and is not barred by any law for \r\nthe time being in force) to apply for a personal decree against \r\ndefendant No. 1 for the amounts remaining due to them \r\nrespectively. \r\n                                                \r\n1Words not required to be deleted. \r\n2Words not required to be deleted. \r\n3Words not required to be deleted. \r\n5. And it is hereby further ordered and decreed,_        \r\n(a) that, if the plaintiff pays into Court to the credit of this suit the \r\namount adjudged due to defendant No. 2  but defendant No. 1  \r\nmakes default in the payment of the said amount, the plaintiff shall \r\nbe at liberty to apply to the Court to keep defendant No. 2's \r\nmortgage alive for his benefit and to apply for a final decree (in the \r\nsame manner as the defendant No. 2 might have done under clause \r\n4 above)– \r\n1\r\n[(i) that defendant No. 1  shall thenceforth stand absolutely \r\ndebarred and foreclosed of and from all right to redeem the \r\nmortgaged property described in the Schedule annexed hereto \r\nand shall, if so required, deliver up to the plaintiff quiet and \r\npeacea ble possession of the said property;] or \r\n2\r\n[(ii) that the mortgaged property or a sufficient part thereof be sold \r\nand that for the purposes of such sale the plaintiff shall \r\nproduce before the Court or such officer as it appoints, all \r\ndocuments in his possession or power relating to the \r\nmortgaged property;] \r\nand (b) (if on the application of defendant No. 2  such a final decree for \r\nforeclosure is passed), that the whole of the liability of defendant No. 1  arising \r\nfrom the plaintiff's mortgage or from the mortgage of defendant No. 2 or from this \r\nsuit shall 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 \r\nordered under clause 5 above)– \r\n(i) that the money realised by such sale shall be paid into Court and \r\nbe duly applied (after deduction therefrom of the expenses of the \r\nsale) first in payment of the amount paid by the plaintiff in respect of \r\ndefendant No. 2's mortgage and the costs of the suit in connection \r\ntherewith and in payment of the amount which the Court may \r\nadjudge 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 \r\namount adjudged due to the plaintiff in respect of his own mortgage \r\nunder this decree and any further orders that may be passed and in \r\npayment of the amount which the Court may adjudge due in respect \r\nof such costs of the suit and such costs, charges and expenses as \r\nmay be payable to the plaintiff under rule 10, together with such \r\nsubsequent 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 \r\nthe 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 sufficient for \r\npayment in full of the amount due in respect of defendant No. 2's \r\nmortgage or the plaintiff's mortgage, defendant No. 2 shall be at liberty \r\n(where such remedy is open to him under the terms of his mortgage \r\n                                                \r\n1Words not required to be deleted. \r\n2Words not required to be deleted. \r\nand is not barred by any law for the time being in force) to apply for a \r\npersonal decree against defendant No. 1 for the amount of the balance. \r\n7. And it is hereby further ordered and decreed that the parties are at liberty to \r\napply to the Court from time to time as they may have occasion, and on such \r\napplication 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\nFORM No. 11. \r\nPreliminary decree for sale. \r\n[Plaintiff – Sub or derivative mortgagee. \r\nvs. \r\n     Defendant No. 1.  Mortgagor. \r\nDefendant No. 2. – Original mortgagee.] \r\n(Order  XXXIV, rule 4.) \r\n(Title.) \r\nThis suit coming on this              day, etc.; It is hereby declared that the \r\namount due to defendant No. 2 on his mortgage calculated up to this                day \r\nof               is the sum of Rs.          for principal, the sum of Rs.        for interest on \r\nthe said principal, the sum of Rs.               for costs, charges and expenses (other \r\nthan the costs of the suit) in respect of the mortgage­security together with interest \r\nthereon and the sum of Rs.            for the costs of the suit awarded to defendant No. \r\n2, making in all the sum of Rs.          \r\n(Similar declarations to be introduced with regard to the amount due from \r\ndefendant No. 2 to the 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              \r\nday of 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 \r\nplaintiff, defendant No. 2 being at liberty to pay such amount.) \r\n(ii) that, on payment of the sum declared due to defendant No. 2 by \r\ndefendant No. 1  in the manner prescribed in clause 2 (i) and on \r\npayment thereafter before such date as the Court may fix of such \r\namount as the Court may adjudge due in respect of such costs of \r\nthe suit and such costs, charges and expenses as may be payable \r\nunder rule 10,          together with such subsequent interest as may \r\nbe payable under rule 11, of Order XXXIV of the First Schedule to \r\nthe Code of Civil Procedure, 1908,          the plaintiff and defendant \r\nNo. 2 shall bring into Court all documents in their possession or \r\npower relating to the mortgaged property in the plaint mentioned, \r\nand all such documents (except such as relate only to the \r\nsub­mortgage) shall be delivered over to defendant No. 1, or to such \r\nperson as he appoints, and defendant No. 2 shall, if so required, \r\nre­convey or re­transfer the property to defendant No. 1 free from the \r\nsaid mortgage clear of and from all incumbrances created by \r\ndefendant No. 2  or any person claiming under him or any person \r\nunder whom he claims, and free from all liability arising from the \r\nmortgage or this suit and shall, if so required, deliver up to \r\ndefendant No. 1 quiet and peaceable possession of the said property; \r\nand \r\n(iii) that, upon payment into the Court by defendant No. 1  of the \r\namount due to defendant No. 2,  the plaintiff shall be at liberty to \r\napply for payment to him of the sum declared due to him together with \r\nany subsequent costs of the suit and other costs, charges and \r\nexpenses, as may be payable under rule 10, together with such \r\nsubsequent interest as may be payable under rule 11, of Order \r\nXXXIV of the First Schedule to the Code of Civil Procedure, 1908; \r\nand that the balance, if any, shall then be paid to defendant         No. \r\n2; and that if the amount paid into the Court be not sufficient to pay \r\nin full the sum due to the plaintiff, the plaintiff shall be at liberty (if \r\nsuch remedy is open to him by the terms of the mortgage and is not \r\nbarred by any law for the time being in force) to apply for a \r\npersonal decree against defendant No. 2  for the amount of the \r\nbalance. \r\n3. And it is further ordered and decreed that if defendant No. 2 pays into Court \r\nto the credit of this suit the amount adjudged due to the plaintiff, the plaintiff  shall \r\nbring into the Court all documents, etc. [as in sub­clause (ii) of clause 2]. \r\n4. And it is hereby further ordered and decreed that, in default of payment by \r\ndefendants Nos. 1 and 2 as aforesaid, the plaintiff may apply to the Court for \r\na final decree for sale, and on such application being made the mortgaged \r\nproperty or a sufficient part thereof shall be directed to be sold; and that for the \r\npurposes of such sale the plaintiff and defendant No. 2 shall produce before the \r\nCourt or such officer as it appoints, all documents in their possession or power \r\nrelating to the mortgaged property. \r\n5. And it is hereby further ordered and decreed that the money realised by \r\nsuch sale shall be paid into Court and be duly applied (after deduction therefrom \r\nof the expenses of the sale) first in payment of the amount due to the plaintiff as \r\nspecified in clause 1 above with such costs of the suit and other 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 Schedule to \r\nthe Code of Civil Procedure, 1908, and that the balance, if any, shall be applied \r\nin payment of the amount due to defendant No. 2;  and that, if any balance be \r\nleft, it shall be paid to defendant No. 1  or other persons entitled to receive the \r\nsame. \r\n6. And it is hereby further ordered and decreed that, if the money realised by \r\nsuch sale shall not be sufficient for payment in full of the amounts payable to the \r\nplaintiff and defendant No. 2, the plaintiff or defendant No. 2 or both of them, as \r\nthe case may be, shall be at liberty (if such remedy is open under their respective \r\nmortgages and is not barred by any law for the time being in force) to apply for \r\na personal decree against defendant No. 2 or defendant No. 1 (as the case may \r\nbe) for the amount of the balance. \r\n7. And it is hereby further ordered and decreed that, if defendant No. 2  pays \r\ninto Court to the credit of this suit the amount adjudged due to the plaintiff, but \r\ndefendant No. 1 makes default in payment of the amount due to defendant No. 2, \r\ndefendant No. 2  shall be at liberty to apply to the Court for a final decree for \r\nforeclosure or sale (as the case may be)­(declarations in the ordinary from \r\nto be introduced according to the nature of defendant No. 2’s mortgage and \r\nthe remedies open to him thereunder). \r\n8. And it is hereby further ordered and decreed that the parties are at liberty \r\nto apply to the Court as they may have occasion, and on such application or \r\notherwise the Court may give such directions as it thinks fit.] \r\n \r\nNo.  12. \r\nDECREE FOR RECTIFICATION OF INSTRUMENT. \r\n(Title.) \r\nIt is hereby declared that the      , dated the     d ay 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 \r\nmade between    and     , is void as against the plaintiff and all other the creditors, \r\nif any, of the defendant. \r\nNo.  14. \r\nINJUNCTION AGAINST PRIVATE NUISANCE. \r\n(Title.) \r\nLet the defendant         ,h is agents, servants and workmen, be perpetually \r\nrestrained from burning, or causing to be burnt, any bricks on the defendant's \r\nplot of land marked B in the annexed plan, so as to occasion a nuisance to the \r\nplaintiff as the owner or occupier of the dwelling­house and garden mentioned in \r\nthe 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\nLet the defendant         ,his contractors, agents and workmen, be perpetually \r\nrestrained from continuing to erect upon his premises in any house or building of a \r\ngreater height than the buildings which formerly stood upon his said premises \r\nand which have been recently pulled down, so or in such manner as to darken, \r\ninjure or obstruct such of the plaintiff‟s windows in his said premises as are ancient \r\nlights. \r\n \r\nNo.  16. \r\nINJUNCTION RESTRAINING USE OF PRIVATE ROAD. \r\n(Title.) \r\nLet the defendant         ,h is agents, servants and workmen, be perpetually \r\nrestrained from using or permitting to be used any part of the lane at         ,  the \r\nsoil of which belongs to the plaintiff, as a carriage- way for the passage of carts, \r\ncarriages or other vehicles, either going to or from the land marked B in the \r\nannexed 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; \r\nthat 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 \r\ncreditors of the deceased. \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, \r\nthe plaintiff is entitled 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 \r\ncreditor's suit, inquiry and accounts for legatees, heirs­at­law and next­of­kin. In \r\nsuits by claimants other than creditors, after the first paragraph, in all cases, an \r\norder to inquire and take an account of creditors will follow the first paragraph \r\nand such of the others as may be necessary will follow, omitting the first formal \r\nwords. The form 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 \r\nof the defendant, or 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 \r\noutstanding and undisposed of. \r\n7. And it is further ordered that the defendant do, on or before the          day \r\nof          n ext, pay into Court all sums of money which shall be found to have \r\ncome to his hands, or to the hands of any person by his order or for his use. \r\n8. And that if the          \r\n1\r\nshall find it necessary for carrying out the objects of the \r\nsuit to sell any part of the moveable property of the deceased, that the same be \r\nsold accordingly, and the proceeds paid into Court. \r\n9. And that Mr. E. F. be receiver in the suit (or proceeding), and receive and \r\nget in all outstanding debts and outstanding moveable property of the deceased, \r\nand pay the same into the hands of the \r\n2\r\n(and shall give security by bond for the \r\ndue performance of his duties to the amount of                                        rup ees). \r\n10. And it is further ordered that if the moveable property of the deceased be \r\nfound insufficient for carrying out the objects of the suit, then the following further \r\ninquiries be made, and accounts taken, that is to say– \r\n(a) an inquiry what immoveable property the deceased was seized of or \r\nentitled to at the time of his death; \r\n(b) an inquiry what are the incumbrances (if any) affecting the \r\nimmoveable property of the deceased or any part thereof; \r\n(c) an account, so far as possible, of what is due to the several \r\nincumbrancers, and to include a statement of the priorities of such \r\nof the incumbrancers as shall consent to the sale hereinafter \r\ndirected. \r\n11. And that the immoveable property of the deceased, or so much thereof as \r\nshall be necessary to make up the fund in Court sufficient to carry out the object of \r\nthe suit, be sold with the approbation of the judge, free from incumbrances (if \r\nany) of such incumbrancers as shall consent to the sale and subject to the \r\nincumbrances 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 \r\nimmoveable property, and shall prepare the conditions and contracts of sale \r\nsubject to the approval of the                  \r\n3\r\nand that in case any doubt or difficulty \r\nshall arise the papers shall be submitted to the Judge to settle. \r\n13. And it is further ordered that, for the purpose of the inquiries hereinbefore \r\ndirected, the              \r\n4\r\nshall advertise in the newspapers according to the practice \r\nof the Court, or shall make such inquiries in any other way which shall appear to \r\nthe                 \r\n5\r\nto give the most useful publicity to such inquiries. \r\n14. And it is ordered that the above inquiries and accounts be made and \r\ntaken, and that all other acts ordered to be done be completed,  before the     \r\nday of                 ,and that the \r\n6\r\ndo certify the result of the inquiries, and the \r\naccounts, and that all other acts ordered are completed, and have his \r\ncertificate in that behalf ready for the inspection of the parties on the   day of          . \r\n15. And, lastly, it is ordered that this suit [or proceeding] stand adjourned for \r\nmaking final decree to the                 day of                 . \r\n                                                \r\n1Here insert name of proper officer. \r\n2Here insert name of proper officer. \r\n3Here insert name of proper officer. \r\n4Here insert name of proper officer. \r\n5Here insert name of proper officer. \r\n6Here insert name of proper officer. \r\n[Such part only of this decree is to be used as is applicable to the \r\nparticular case.] \r\n                           \r\nNo.  18. \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  pay \r\ninto Court the sum of Rs.              ,  the balance by the said certificate found to be \r\ndue from the said defendant on account of the estate of          , the testator, and \r\nalso the sum of Rs.              for interest, at the rate of Rs.                   per cent per \r\nannum, from the day of                 to the          day of       , amounting together to the \r\nsum of Rs.    \r\n2. Let the                 \r\n1\r\nof the said Court tax the costs of the plaintiff and \r\ndefendant in this suit, and let the amount of the said costs, when so taxed, be paid \r\nout of the said sum of Rs.                  ord ered to be paid into Court as aforesaid, as \r\nfollows:– \r\n(a) The costs of the plaintiff to Mr.                                  ,h is attorney [or \r\npleader] or, and                 the costs of the defendant to Mr.        h is \r\nattorney [or pleader].  \r\n(b) And (if any debts are due) with the residue of the said sum of Rs.    \r\nafter payment of the plaintiff's and defendant‟s costs as aforesaid, \r\nlet the sums, found to be owing to the several creditors mentioned \r\nin        the          schedule          to the certificate, of the         \r\n2\r\ntogether \r\nwith subsequent interest on such of the debts as bear interest, be \r\npaid; and, after making such payments, let the amount coming to \r\nthe several legatees mentioned in      the         schedule, together with \r\nsubsequent interest (to be verified as aforesaid), be paid to them \r\n3. And if there should then be any residue, let the same be paid to the \r\nresiduary legatee. \r\n \r\nNo.  19. \r\nPRELIMINARY DECREE IN AN ADMINISTRATION­SUIT BY A LEGATEE, \r\nWHERE AN EXECUTOR IS HELD PERSONALLY LIABLE FOR THE \r\nPAYMENT OF LEGACIES.  \r\n(Title.) \r\n1. It is declared that the defendant is personally liable to pay the legacy of Rs.   \r\nbequeathed to the plaintiff;  \r\n2. And it is ordered that an account be taken of what is due for principal and \r\ninterest on the said legacy; \r\n                                                \r\n1Here insert name of proper officer. \r\n2Here insert name of proper officer. \r\n3. And it is also ordered that the defendant do, within              weeks after the \r\ndate of the certificate of the    \r\n1\r\npay to the plaintiff the amount of what the     \r\n2\r\nshall certify to be due for principal and interest; \r\n4. And it is ordered that the defendant do pay the plaintiff his costs of suit, the \r\nsame to be taxed in case the parties differ.                              \r\n \r\nNo.   20. \r\nFINAL DECREE IN AN ADMINISTRATION­SUIT BY NEXT­OF­KIN. \r\n(Title.) \r\n1. Let         the              \r\n3\r\nof the said Court tax the costs of the plaintiff and \r\ndefendant in this suit, and let the amount of the said plaintiff's costs, when so \r\ntaxed, be paid by the defendant to the plaintiff out of the sum of Rs.                    , \r\nthe balance by the said certificate found to be due from the said defendant on \r\naccount of the personal estate of E. F. the intestate, within one week after \r\nthe taxation of the said cost by the said              \r\n4\r\nand let the defendant retain for \r\nher own use 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 defendant‟s costs as aforesaid, be paid and applied by defendant \r\nas follows:– \r\n(a) Let the defendant, within, one week after the taxation of the said \r\ncosts by the              \r\n5\r\nas aforesaid, pay one­third share of the said \r\nresidue to the plaintiffs A. B., and C.D., his wife, in her right as the \r\nsister and one of the next­of-kin of the said E. F., the intestate. \r\n(b) Let the defendant retain for her own use on other hand share of \r\nthe said residue, as the mother and one of the next­of­kin of the said \r\nE. F., the intestate. \r\n(c) And let the defendant, within one week after, the, taxation of the said \r\ncosts by the         \r\n6\r\nas aforesaid, pay the remaining one­third share of \r\nthe said residue to G. H., as the brother and the other next­of­kin of \r\nthe said E. F., the intestate. \r\n \r\nNo.  21. \r\nPRELIMINARY DECREE IN A SUIT FOR DISSOLUTION OF PARTNERSHIP \r\nAND THE TAKING OF PARTNERSHIP ACCOUNTS.  \r\n(Title.) \r\nIt is declared that the proportionate shares of the parties in the partnership \r\nare as follows:– \r\n                                                \r\n1Here insert name of proper officer. \r\n2Here insert name of proper officer. \r\n3Here insert name of proper officer. \r\n4Here insert name of proper officer. \r\n5Here insert name of proper officer. \r\n6Here insert name of proper officer. \r\nIt is declared that this partnership shall stand dissolved [or shall be deemed \r\nto have been dissolved] as from the              d ay of         , and it is ordered that the \r\ndissolution thereof as from that day be advertised in the                 Gazette, etc. \r\nAnd it is ordered that         be  the receiver of the partnership-estate and \r\neffects in this suit and do get in all the outstanding book­debts and claims of the \r\npartnership. \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 \r\npartnership; \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 \r\ndefendant, from the foot of the settled account exhibited in this suit and marked \r\n(A), and not disturbing any subsequent settled accounts: \r\nAnd it is ordered that the good will of the business heretofore carried \r\non by the plaintiff and defendant as in the plaint mentioned, and the \r\nstock­in­trade, be sold on the premises, and that the \r\n1\r\nmay, on the application of any of the parties, fix a reserved bidding for all or \r\nany of the lots at such sale, and that either of the parties is to be at liberty to bid at \r\nthe sale. \r\nAnd it is ordered that the above accounts be taken, and all the other acts \r\nrequired to be done be completed, before the                 day of              ,  and that \r\nthe         \r\n2\r\ndo certify the result of the accounts, and that all other acts are \r\ncompleted, and have his certificate in that behalf ready for the inspection of the \r\nparties on the         day of           . \r\nAnd, lastly, it is ordered that this suit stand adjourned for making a final \r\ndecree to the              day of          . \r\n \r\nNo.  22. \r\nFINAL DECREE IN A SUIT FOR DISSOLUTION OF PARTNERSHIP AND \r\nTHE TAKING OF 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 \r\ncertificate of the         \r\n3\r\namounting 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\n                                                \r\n1Here insert name of proper officer. \r\n2Here insert name of proper officer. \r\n3Here insert name of proper officer. \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 \r\nRs.               now 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 \r\nplaintiff (or defendant) in part payment of the sum of Rs.         certified to be due \r\nto him in respect of the partnership­accounts.] \r\n4. And that the defendant [or plaintiff] do on or before the         day of         \r\npay to the plaintiff [or defendant] the sum of Rs.            b eing the balance of the \r\nsaid sum Rs.              due to him, which will then remain due. \r\n \r\nNo.  23. \r\nDECREE FOR RECOVERY OF LAND AND MESNE PROFITS.  \r\n(Title.) \r\nIt is hereby decreed as follows:– \r\n1. That the defendant do put the plaintiff in possession of property \r\nspecified in the schedule hereunto annexed. \r\n2. That the defendant do pay to the plaintiff the sum of Rs.                      with \r\ninterest thereon at the rate of              p er cent per annum to the date of \r\nrealization on account of mesne profits which have accrued due prior to the \r\ninstitution of the suit. \r\nOr \r\n2. That an inquiry be made as to the amount of mesne profits which have \r\naccrued due prior to the institution of the suit. \r\n3. That an inquiry be made as to the amount of mesne profits from the \r\ninstitution of the suit until [the delivery possession to the decree­holder] [the \r\nrelinquishment of possession by the judgment debtor will notice to the \r\ndecree­holder through the Court] [the expiration of three years from the date of the \r\ndecree]. \r\nSchedule. \r\nAPPENDIX E \r\nEXECUTION. \r\n \r\nNo.  1. \r\nNOTICE TO SHOW CAUSE WHY A PAYMENT OR ADJUSTMENT SHOULD \r\nNOT BE RECORDED AS CERTIFIED. (O. 21, r. 2.)   \r\n(Title.) \r\nTo \r\nWHEREAS in execution of the decree in the above­named suit           has \r\napplied to this Court that the sum of Rs.          r ecoverable under the decree \r\nhas been paid/adjusted and should be recorded as certified, this is to give you \r\nnotice that you are to appear before this Court on the         d ay of         19         ,  \r\nto show cause why the payment/adjustment aforesaid should not be recorded as \r\ncertified. \r\nGIVEN under my hand and the seal of the Court, this      day of     19           . \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 \r\nCourt of          at              und er section 46 of the Code of Civil Procedure, 1908, \r\nwith directions to attach the property specified in the annexed schedule and to hold \r\nthe same pending any application which may be made by the decree­holder for \r\nexecution of the decree. \r\nSchedule. \r\nDated the                  d ay of           19          . \r\n \r\n \r\nJudge. \r\n \r\nNo.   3. \r\nORDER SENDING DECREE FOR EXECUTION TO ANOTHER COURT. (O. \r\n21, r. 6.) \r\n(Title.) \r\nWHEREAS the decree­holder in the above suit has applied to this Court for \r\na certificate to be sent to the Court of         at              for execution of the decree \r\nin the above suit by the said Court, alleging that the judgment­debtor resides or \r\nhas property within the local limits of the jurisdiction of the said Court, and it is \r\ndeemed necessary and proper to send a certificate to the said Court under Order \r\nXXI, 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 \r\nof non­satisfaction. \r\nDated the day of           19                   . \r\n \r\n \r\n \r\nJudge. \r\n \r\nNo.  4. \r\nCERTIFICATE OF NON­SATISFACTION 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 \r\nexecution within the jurisdiction of this Court. \r\nDated the day of          19                  . \r\n  \r\n \r\n \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 \r\nANOTHER COURT. (O. 21, r. 6.) \r\n(Title.) \r\n \r\nNumber \r\nof suit \r\nand the \r\nCourt \r\nby \r\nwhich \r\nthe \r\ndecree \r\nwas \r\npassed. \r\nNames \r\nof \r\nparties. \r\nDate of \r\napplication \r\nfor \r\nexecution. \r\nNumber of \r\nthe \r\nexecution \r\ncase. \r\nProcesses \r\nissued \r\nand dates \r\nof service \r\nthereof. \r\nCosts of \r\nexecution. \r\nAmount \r\nrealized. \r\nHow the \r\ncase is \r\ndisposed \r\nof. \r\nRemarks. \r\n1 2 3 4 5 6 7 8 9 \r\n     Rs. A.P Rs. A.P   \r\nSignature of Muharrir in charge. Signature of Judge. \r\n \r\nNo.  6. \r\nAPPLICATION FOR EXECUTION OF DECREE. (O. 21, r. 11.) \r\nIn the Court of \r\nI             ,  decree­holder, hereby apply for execution of the decree herein \r\nbelow set forth:_ \r\n \r\nNo. of suit. \r\nName 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 result. \r\nAmount with interest due upon the decree other relief granted thereby together with particulars of any cross \r\ndecree \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\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nMode in which the assistance of the \r\nCourt is require. \r\n1 2 3 4 5 6 7 8 9 10 \r\n \r\n \r\n \r\n789 of 1997 \r\nA.B.Plaintiff \r\nC.D.Defendant \r\nOctober 11th, 1897 \r\nNo. \r\nnone \r\nRs. 72-4-0 recovered on application, dated the 4th March, 1899 \r\nRs. 314 -8-2 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\nSubsequent incurred          …           8    2   0 \r\n                                                         ………… \r\nTotal:                                                 55  12  4 \r\n                                                          ..………. \r\nAgainst the defendant C.D. \r\n(When attachment and \r\nsale of movable \r\nproperty is sought.] \r\nI pray that the total \r\namount of Rs. \r\n(together with interest \r\non the principal sum up \r\nto date of payment] \r\nand the costs of taking \r\nout this execution, be \r\nrealized by attachment \r\nand sale of defendant‟s \r\nmovable property as \r\nper annexed list and \r\npaid to me. \r\n(When attachment and \r\nsale of immovable \r\nproperty is sought.] \r\nI pray that the total \r\namount of Rs. \r\n[together with interest \r\non the principal sum up \r\nto date of payment] \r\nand the costs of taking \r\nout this execution be \r\nrealized by the \r\nattachment and sale of \r\ndefendant‟s immovable \r\nproperty specified at \r\nthe foot of this \r\napplication and paid to \r\nme. \r\n \r\nI           declare that what is stated herein is true to the best of my knowledge \r\nand belief. \r\n \r\nSigned              , Decree­holder. \r\nDated the              day of           19                  . \r\n[When attachment and sale of immoveable property is sought.] \r\nDescription and Specification of Property. \r\nThe undivided one­third share of the judgment­debtor in a house situated in \r\nthe village of               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 \r\nlane and J's house. \r\nI         d eclare that what is stated in the above description is true to the best \r\nof my knowledge and belief, and so far as I have been able to ascertain the interest \r\nof the defendant in the property therein specified. \r\n \r\nSigned              , Decree­holder. \r\n \r\nNo.  7. \r\nNOTICE TO SHOW CAUSE WHY EXECUTION SHOULD NOT ISSUE. \r\n1\r\n[(O. 21, \r\nr. 16.)] \r\n(Title.) \r\nTo \r\nWHEREAS \r\nhas made application to this Court for execution of decree in Suit No.    of 19           \r\non the allegation that the said decree has been transferred to him by assignment, \r\nthis is to give you notice that you are to appear before this Court         on the          \r\nday of           19         , to show cause why execution should not be granted. \r\nGIVEN under my hand and the seal of the Court, this day of           19      . \r\n  \r\nJudge. \r\n \r\nNo.  8. \r\nWARRANT OF ATTACHMENT OF MOVEABLE PROPERTY IN EXECUTION \r\nOF A DECREE FOR MONEY .  (O. 21, r. 30.) \r\n(Title.) \r\nTo \r\nThe Bailiff of the Court. \r\nWHEREAS              was ordered by decree of this Court passed on the           \r\nday of           19         , in Suit No.           \r\nDECREE.    \r\nPrincipal    \r\nInterest    \r\nCosts    \r\nCosts of execution    \r\nFurther interest    \r\nTotal    \r\n                                                \r\n1Substituted for the expression “(O.21, r.22)” by the Repealing and Amending Act, 1914 (X of 1914), published in the Gazette of \r\nIndia, dated: 21 March 1914, pp. 47-59, s. 2 read with the First Schedule. \r\nof              19         ,  to pay to the plaintiff the sum of Rs.           as noted in the \r\nmargin;              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 \r\nset forth in the schedule hereunto annexed, or which shall be pointed out to you by \r\nthe said         , and unless the said          shall pay to you the said sum of Rs.\r\n together with Rs.         ,  the costs of this attachment, to hold the same until \r\nfurther orders from this Court.  \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 \r\nmanner in which it has been executed, or why it has not been executed. \r\nGIVEN under my hand and the seal of the Court, this         day of  19         . \r\nSchedule.  \r\n \r\nJudge. \r\n \r\nNo.  9. \r\nWARRANT FOR SEIZURE OF SPECIFIC MOVEABLE PROPERTY \r\nADJUDGED BY DECREE. (O. 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          \r\nday  of         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          \r\nshare of the said moveable property) and to deliver it to the plaintiff or to such \r\nperson as he may appoint in his behalf. \r\nGIVEN under my hand and the seal of the Court, this        day of        19         . \r\nSchedule. \r\n  \r\n \r\nJudge. \r\n \r\nNo.  10. \r\nNOTICE TO STATE OBJECTIONS TO DRAFT OF DOCUMENT. (O. 21, r. 34.) \r\n(Title.) \r\nTo \r\nTAKE notice that on the         day of         19         ,          the decree­holder in \r\nthe above suit presented an application to this Court that the Court may execute on \r\nyour behalf a deed of                  ,whereof a draft is hereunto annexed, of the \r\nimmoveable property specified hereunder, and that the                 day of         19          \r\nis appointed for the hearing of the said application; and that you are at liberty to \r\nappear on the said day and to state in writing any objections to the said draft. \r\nDescription of Property \r\nGIVEN under my hand and the seal of the Court, this         day of          19      . \r\n \r\nJudge. \r\n \r\nNo.  11. \r\nWARRANT TO THE BAILIFF TO GIVE POSSESSION OF LAND, ETC. (O. 21, \r\nr. 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          \r\nin possession of the same, and you are hereby authorized to remove any person \r\nbound by the decree who may refuse to vacate the same. \r\nGIVEN under my hand and the seal of the Court, this         day of           19     . \r\nSchedule. \r\n \r\nJudge. \r\n \r\nNo.  12. \r\nNOTICE TO SHOW CAUSE WHY WARRANT OF ARREST SHOULD NOT \r\nISSUE. (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 \r\nare hereby required to appear before this Court on the         day of           19          ,to \r\nshow cause why you should not be committed to \r\n1\r\n[* *] prison in execution of the said \r\ndecree. \r\nGIVEN under my hand and the seal of the Court, this         day of          19      . \r\n \r\nJudge. \r\n                                                \r\n1The words “the civil” were omitted by the Civil Laws (Ref orms) Act, 1994 ( XIV of 1994); assented to by the President on 27 \r\nJuly 1994; and, was published in the Gazette of Pakistan (Extraordinary), dated: 31 July 1994, pp. 683-688, s. 11. \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\nWHEREAS          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 \r\nof Rs.            as noted in the margin and whereas the said sum of Rs.          has not \r\nbeen paid to the said decree­holder in satisfaction of the said decree, these are to \r\ncommand you to arrest the said judgment­debtor and unless the said \r\njudgment­debtor shall pay to you the said sum of Rs.          ,together with Rs.           \r\nfor the costs of executing this process, to bring the said defendant before the Court \r\nwith all convenient speed. \r\nYou are further commanded to return this warrant on or before the          day of          \r\n19         , with an endorsement certifying the day on which and manner in which it \r\nhas been 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\n \r\nJudge. \r\n    \r\nPrincipal \r\nInterest \r\nCosts \r\nExecution  \r\nTotal \r\n   \r\n   \r\n \r\nNo.  14. \r\nWARRANT OF COMMITTAL OF JUDGEMENT­DEBTOR TO JAIL. (O. 21, r. \r\n40.)  \r\n(Title.) \r\nTo \r\nThe Officer in charge of the Jail at         . \r\nWHEREAS                            who has been brought before this Court this        \r\nday of         19         , under a warrant in execution of a decree which was made \r\nand pronounced by the said Court on the          day of                       19         , and \r\nby which decree it was ordered that the said            should pay         ; And whereas \r\nthe said             has not obeyed the decree, nor satisfied the Court that he is entitled \r\nto be discharged from custody; You are hereby, \r\n1\r\n[* * * * * * * * * ] commanded and \r\nrequired to take and receive the said          into \r\n2\r\n[* *] prison and keep him \r\nimprisoned therein for a period not exceeding          or until the said decree shall be \r\nfully satisfied, or the said          shall be otherwise entitled to be released according \r\nto the terms and provisions of section 58 of the Code of Civil Procedure, 1908 \r\n3\r\n[* * \r\n* * * * * * * * *]. \r\nGIVEN under my signature' add the seal of the Court, this      day of     19      . \r\n \r\n Judge. \r\n \r\nNo.  15. \r\nORDER FOR THE RELEASE OF A PERSON IMPRISONED IN EXECUTION \r\nOF A DECREE. (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\n  \r\nJudge. \r\n \r\n4\r\n[No.  15-A. \r\nBOND FOR SAFE CUSTODY OF MOVABLE PROPERTY ATTACHED \r\nAND LEFT IN CHARG E OF PERSON INTERESTED AND SURETIES . (O. \r\n21, r. 43 .)  \r\nIn the Court of                   at          \r\nCivil Suit No.         of                 . \r\nA. B. of          \r\nagainst \r\nC. D. of                                                              \r\n                                                \r\n1The expression “in the name of the King­Emperor of India,” was omitted  by the Central Laws (Adaption) Order, 1961 (P.O. \r\nNo. 1 of 1961); made by the Minister exercising the functions of President under Article 2 of the State Arrangements Order, \r\n1959 on 21 January 1961; and, was published in the Gazette of Pakistan (Extraordinar y), dated: 24 January 1961, pp. 102 -\r\n163, Article 2 read with the Schedule: it came into force on 23 March 1956. \r\n2The words “the civil” were omitted by the Civil Laws (Reforms) Act, 1994 ( XIV of 1994); assented to by the President on 27 \r\nJuly 1994; and, was published in the Gazette of Pakistan (Extraordinary), dated: 31 July 1994, pp. 683-688, s. 11. \r\n3The expression “; and the Court does hereby fix annas per diem as the rate of the monthly allowance for the subsistence of \r\nthe said during his confinement unde r this warrant of committal” was omitted by the Civil Laws (Reforms) Act, 1994 ( XIV of \r\n1994); assented to by the President on 27 July 1994; and, was published in the Gazette of Pakistan (Extraordinary), dated: 31  \r\nJuly 1994, pp. 683-688, s. 11. \r\n4Added by the Notification No. 606-G., dated: 13 December 1928; issued by the High Court of Judicature at Lahore; and, was \r\npublished in the Government Gazette Punjab and its Dependencies, Part-III, dated: 21 December 1928, pp. 1656-1658, r. 2. \r\nKnow all men by these presents that we, I. J. of           , etc.,            and K. L  \r\nof          , etc., and M. N. of          , etc., are jointly and severally bound to the Judge \r\nof the Court of            in Rupees           to be paid to the said Judge , for which \r\npayment to be made we bind ourselves, and each of us , in the whole, our and each \r\nof our heirs, executors and administrators , jointly and severally , by these presents.  \r\nDated this            day of               19        .   \r\nAND WHEREAS  the movable property sp ecified in the schedule hereunto \r\nannexed has been attached under a warrant from the said Court, dated            day \r\nof              19     , in execution of a decree in favour of         in suit No.        of                 \r\n19      on the file of             and the said property has been left in the charge of the \r\nsaid I. J. \r\nNow the condition of this obligation is that, if the above bounden I.  J. shall \r\nduly account for and produce when required before the said Court all and every the \r\nproperty aforesaid an d shall obey any further order of the Court in respect thereof, \r\nthen this obligation shall be void : otherwise it shall remain in full force.  \r\nI. J. \r\nK. L. \r\nM. N. \r\nSigned and delivered by the above bounden              in the presence of           .] \r\n \r\n1\r\n[No. 15-B. \r\nBOND FOR SAFE CUSTODY OF MOVABLE PROPERTY ATTACHED AND \r\nLEFT IN CHARGE OF ANY PERSON AND SURETIES.  \r\n(O. 21, r. 43(1)(c).) \r\nIn the Court of                        at              \r\nCivil Suit No.            of              \r\nA. B. of              \r\nagainst \r\nC. D. of                                      \r\nKnow all men by these presents that we, I. J of            , etc., and K. L. of       , \r\netc., and M. N. of               , etc., are jointly and              severally bound to the \r\nJudge of the Court of             in Rupees             to be paid to the said Judge , for \r\nwhich payment to be made we bind ourselves, and each of u s, in the whole, our \r\nand each of  our heirs, executors and administrators , jointly and severally, by these \r\npresents. \r\nDated this              day of            19          . \r\nAND WHEREAS  the movable property specifie d in the s chedule hereunto \r\nannexed has been attached under a warrant from the said Court, dated the               \r\nday of            19        , in execution of a decree in favour of         in suit No.        of              \r\n                                                \r\n1Added by the Notificat ion No. 606-G., dated: 13 December 1928; issued by the High Court of Judicature at Lahore; and, was \r\npublished in the Government Gazette Punjab and its Dependencies, Part-III, dated: 21 December 1928, pp. 1656-1658, r. 3. \r\n19       , on the file of         and the said property has been left in the charge of the \r\nsaid I. J. \r\nNow the condition of this obligation is that, if the above bounden I. J,  shall \r\nduly account for and produce when requ ired before the said Court all and every the \r\nproperty aforesaid and shall obey any  further order  of the Court in respect thereof, \r\nthen this obligation shall be void : otherwise it shall remain in full force and be \r\nenforcible against the above bounden I. J. in accordance with the procedure laid \r\ndown in Section 145, Civil Procedure Code, as if the aforesaid I. J. were a surety \r\nfor the restoration of property taken in execution of a decree.  \r\nI. J. \r\nK. L. \r\nM. N. \r\nSigned and delivered by the above bounden              in the presence of           .] \r\n \r\nNo.  16. \r\nATTACHMENT IN EXECUTION. \r\nPROHIBITORY ORDER, WHERE THE PROPERTY TO BE ATTACHED \r\nCONSISTS OF MOVEABLE PROPERTY TO WHICH THE DEFENDANT IS \r\nENTITLED SUBJECT TO A LIEN OR RIGHT OF SOME OTHER PERSON TO \r\nTHE IMMEDIATE POSSESSION THEREOF. (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 is ordered that the \r\ndefendant be, and is hereby, prohibited and restrained, until the further order of \r\nthis Court, from receiving from           the following property in the possession of \r\nthe said                    ,that is to say,           ,to which the defendant is entitled, \r\nsubject to any claim of the said          ,and the said          is hereby prohibited and \r\nrestrained, until the further order of this Court, from delivering the said property to \r\nany person or persons whomsoever. \r\nGIVEN under my hand and the seal of the Court, this      day of        19    . \r\n  \r\n \r\nJudge. \r\nNo.  17. \r\nATTACHMENT IN EXECUTION. \r\nPROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF DEBTS \r\nNOT SECURED BY NEGOTIABLE INSTRUMENTS. (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 that the \r\ndefendant be, and is hereby, prohibited and restrained, until the further order of this \r\nCourt, from receiving from you a certain debt alleged now to be due from you to \r\nthe said defendant, namely,           and that you, the said          , be, and you are \r\nhereby, prohibited and restrained, until the further order of this Court from making \r\npayment of the said debt, or any part thereof, to any person whomsoever or \r\notherwise than into this Court. \r\nGIVEN under my hand and the seal of the Court, this        day of           19      . \r\n  \r\nJudge. \r\n \r\nNo.  18. \r\nATTACHMENT IN EXECUTION. \r\nPROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF \r\nSHARES IN THE CAPITAL OF A CORPORATION. (O. 21, r. 46.) \r\n(Title.) \r\nTo \r\nDefendant, and to  \r\n          , Secretary of  Corporation, \r\nWHEREAS       has failed to satisfy a decree passed against       on the      \r\nday of          19          , in Suit No.           of 19         , in favour of          , for Rs.          ; \r\nIt is ordered that you, the defendant, be, and you are hereby, prohibited and \r\nrestrained, until the further order of this Court, from making any transfer of    \r\nshares in the aforesaid Corporation, namely,           , or from receiving payment of \r\nany dividends thereon; and you,          , the Secretary of the said Corporation, are \r\nhereby prohibited and restrained from permitting any such transfer or making any \r\nsuch payment. \r\nGIVEN under my hand and the seal of the Court, this          day of       19     . \r\n  \r\n \r\nJudge. \r\n \r\nNo.  19. \r\nORDER TO ATTACH SALARY OF PUBLIC OFFICER OR SERVANT OF \r\nRAILWAY COMPANY OR LOCAL AUTHORITY. (O. 21, r. 48.)  \r\n(Title.) \r\nTo \r\nWHEREAS                    ,judgment­debtor in the above­named case, is a \r\n(describe office of judgment­debtor) receiving his salary (or allowances) at your \r\nhands; and whereas          , decree­holder in the said case, has applied in this \r\nCourt for the attachment of the salary (or allowances) of the said          to the \r\nextent of          due to him under the decree; You are hereby required to withhold \r\nthe said sum of           from the salary of the said          in monthly instalments of                   \r\nand to remit 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\n  \r\n \r\nJudge. \r\n \r\nNo.  20. \r\nORDER OF ATTACHMENT OF NEGOTIABLE INSTRUMENT. (O. 21, r. 51.) \r\n(Title.) \r\nTo \r\nThe Bailiff of the Court. \r\nWHEREAS an order has been passed by this Court on the           day of    \r\n19          , for the attachment of          ; You are hereby directed to seize the said  \r\nand bring the same into Court. \r\nGIVEN under my hand and the seal of the Court, this      day of           19  . \r\n  \r\n \r\nJudge. \r\nNo.  21. \r\nATTACHMENT. \r\nPROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF MONEY \r\nOR OF ANY SECURITY IN THE CUSTODY OF A COURT OF JUSTICE OR \r\n1\r\n[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 \r\nCivil Procedure 1908, for an attachment of certain money now in your hands (here \r\nstate, how the money is supposed to be in the hands of the person addressed, on \r\nwhat account, etc.), I request that you will hold the said money subject to the further \r\norder of this Court. \r\n                                                \r\n1Substituted for the words “officer  of Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, \r\npublished in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\nI have the honour to be, \r\nSIR, \r\nYour most obedient Servant, \r\n \r\n \r\n \r\nJudge. \r\nDated the              day of                19          . \r\n \r\nNo.  22. \r\nNOTICE OF ATTACHMENT OF A DECREE TO THE COURT WHICH \r\nPASSED IT. (O. 21, r. 53.) \r\n(Title.) \r\nTo \r\nThe Judge of the Court of \r\nSIR, \r\nI have the honour to inform you that the decree obtained in your Court on the  \r\n    day of          19          , by          in Suit No.           of 19           , in which he \r\nwas                    and          was          has been attached by this Court on the \r\napplication of           the          in the suit specified above. You are therefore \r\nrequested to stay the execution of the decree of your Court until you receive an \r\nintimation from this Court that the present notice has been cancelled or until \r\nexecution of the said decree is applied for by the holder of the decree now sought to \r\nbe executed or by his judgment­debtor. \r\nI have the honour, etc., \r\n  \r\n \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 application has been made in this Court by the \r\ndecree­holder in the above suit for the attachment of a decree obtained by you on   \r\nthe          day of          19          ,in the Court of           in Suit No.          of 19          ,in \r\nwhich          was          and            was          ; It is ordered that you, the said   , \r\nbe, and               you are hereby, prohibited and restrained, until the further order \r\nof this Court, from transferring or charging the same in any way. \r\nGIVEN under my hand and the seal of the Court, this       day of        19         . \r\n \r\nJudge. \r\nNo.  24. \r\nATTACHMENT IN EXECUTION. \r\nPROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF \r\nIMMOVEABLE PROPERTY .  (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   \r\nday of          19          , in Suit No.          of 19          , in favour of          for Rs.           ; \r\nIt is ordered that you, the said          , be, and you are hereby, prohibited and \r\nrestrained, until the further order of this Court, from transferring or charging the \r\nproperty specified in the schedule hereunto annexed, by sale, gift or otherwise, and \r\nthat all persons be, and that they are hereby, prohibited from receiving the same by \r\npurchase, gift or otherwise. \r\nGIVEN under my hand and the seal of the Court, this       day of           19       . \r\nSchedule. \r\n \r\nJudge. \r\n \r\nNo.  25. \r\nORDER FOR PAYMENT TO THE PLAINTIFF, ETC., OF MONEY, ETC., IN \r\nTHE HANDS OF A THIRD PARTY. (O. 21, r. 56.) \r\n(Title.) \r\nTo \r\nWHEREAS the following property          has been attached in execution of a \r\ndecree in Suit No.           of          19          ,passed on the            day of    19          \r\n, in favour of         , for  Rs.         ; It is ordered that the property so attached, \r\nconsisting of Rs.                          in money and Rs.                in currency­notes, or a \r\nsufficient part thereof to satisfy the said decree, shall be paid over by you, the said \r\n            , to          . \r\nGIVEN under my hand and the seal of the Court, this      day of           19      . \r\n \r\nJudge. \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 r emoval of \r\nattachment on           placed at your instance in execution of the decree in Suit \r\nNo.           of 19          , this is to give you notice to appear before this Court on  , \r\nthe          day of          19            ,either in person or by a pleader of the Court duly \r\ninstructed to support your claim, as attaching creditor. \r\nGIVEN under my hand and the seal of the Court, this      day of           19      . \r\n \r\n \r\nJudge. \r\n \r\nNo.  27. \r\nWARRANT OF SALE OF PROPERTY IN EXECUTION OF A DECREE FOR \r\nMONEY. (O. 21, 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\nprevious notice, by affixing the same in this Court­house, and after making due \r\nproclamation, the                    property attached under a warrant from this Court, \r\ndated the          day of           19            ,in execution of a decree in favour of    in \r\n   Suit No.           of 19             , or so much of the said property as shall realize \r\nthe sum of Rs.           , being in the            of the said decree and costs still \r\nremaining unsatisfied. \r\nYou are further commanded to return this warrant on or before the            \r\nday of           19           ,with an endorsement certifying 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\n \r\n \r\nJudge. \r\nNo.  28. \r\nNOTICE OF THE DAY FIXED FOR SETTLING A SALE PROCLAMATION. (O. \r\n21, r. 66.) \r\n(Title.) \r\nTo \r\nJudgment­debtor. \r\nWHEREAS in the above­named suit               the decree-holder has applied \r\nfor the sale of                                            ; \r\nYou are hereby informed that the               day of               19                has \r\nbeen 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 \r\n \r\nJudge. \r\n \r\nNo.  29. \r\nPROCLAMATION OF SALE. (O. 21, r. 66.) \r\n(Title.) \r\nSuit No.               of 19               , decided by the                of                in \r\nwhich               was plaintiff and                was defendant .– Notice is hereby given \r\nthat, under rule 64 of Order XXI of the Code of Civil Procedure, 1908, an order has \r\nbeen passed by this Court for the sale of the attached property mentioned in the \r\nannexed schedule, in satisfaction of the claim of the decree-holder in the suit (1) \r\nmentioned in the margin, amounting with costs and interest up to date of sale to the \r\nsum of                . \r\nThe sale will be by public auction, and the property will be put up for sale in \r\nthe lots specified in the schedule. The sale will be of the property of the \r\njudgment­debtors above­named as mentioned in the schedule below; and the \r\nliabilities and claims attaching to the said property, so far as they have been \r\nascertained, 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 \r\nthe monthly sale commencing at o'clock on the               at               . In the event, \r\nhowever, of the debt above specified and of the costs of sale being tendered or paid \r\nbefore the knocking down of any lot, the sale will be stopped. \r\nAt the sale the public generally are invited to bid, either personally or by duly \r\nauthorised agent. No bid by, or on behalf of, the judgment­creditors \r\nabove­mentioned, however, will be accepted, nor will any sale to them be valid \r\nwithout the express permission of the Court previously given. The following are the \r\nfurther \r\nConditions of Sale \r\n1. The particulars specified in the schedule below have been stated to the best \r\nof the information of the Court, but the Court will not be answerable for any error, \r\nmis­statement or omission in this proclamation. \r\n2. The amount by which the biddings are to be increased shall be determined \r\nby the officer conducting the sale. In the event of any dispute arising as to the \r\namount bid, or as to the bidder, the lot 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 \r\nalways that he is legally qualified to bid, and provided that it shall be in the \r\ndiscretion of the Court or officer holding the sale to decline acceptance of the \r\nhighest bid when the price offered appears so clearly inadequate as to make it \r\nadvisable to do so. \r\n4. For reasons recorded, it shall be in the discretion of the officer conducting the \r\nsale to adjourn it 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 \r\ntime of sale or as soon after as the officer holding the sale directs, and in default of \r\npayment the property shall forthwith be again put up and re­sold. \r\n6. In the case of immoveable property, the person declared to be the purchaser \r\nshall pay immediately after such declaration a deposit 25 per cent on the \r\namount of his purchase­money to the officer conducting the sale, and in default \r\nof such deposit the property shall forthwith be put up again and re­ sold. \r\n7. The full amount of the purchase­money shall be paid by the purchaser \r\nbefore the Court closes on the fifteenth day after the sale of the property, \r\nexclusive of such day, or if the fifteenth day be a Sunday or other holiday, then \r\non the first office day after the fifteenth day. \r\n8. In default of payment of the balance of purchase­money within the \r\nperiod allowed, the property shall be re­sold after the issue of a fresh notification \r\nof sale. The deposit, after defraying the expenses of the sale, may, if the Court \r\nthinks fit, be forfeited to Government and the defaulting purchaser shall forfeit \r\nall claim to the property or to any part of the sum for which it may be \r\nsubsequently sold. \r\nGIVEN under my hand and the seal of the Court, this        day of        19       . \r\n \r\nJudge. \r\nSchedule of Property. \r\nNumber \r\nof lot \r\nDescription of \r\nproperty to be \r\nsold, with the \r\nname of each \r\nowner where there \r\nare more judgment \r\ndebtors than one. \r\nThe revenue \r\nassessed upon \r\nthe estate or \r\npart of the \r\nestate if the \r\nproperty to  be \r\nsold is an \r\ninterest in an \r\nestate or a part \r\nof an estate \r\npaying revenue \r\nto Government. \r\nDetail of any \r\nincumbrances \r\nto which the \r\nproperty is \r\nliable. \r\nClaims, if any, \r\nwhich have \r\nbeen put \r\nforward to the \r\nproperty and \r\nany other \r\nknown \r\nparticulars \r\nbearing on its \r\nnature and \r\nvalue. \r\n     \r\n     \r\n \r\nNo.  30. \r\nORDER ON THE NAZIR FOR CAUSING SERVICE OF PROCLAMATION OF \r\nSALE. (O. 21, 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 \r\njudgment­debtor specified in the schedule hereunder annexed, and whereas the   \r\nday of                19               , has been fixed for the sale of the said property,  \r\ncopies of the proclamation of sale are by this warrant made over to you, and you \r\nare hereby ordered to have the proclamation published by beat of drum within \r\neach 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 \r\nafterwards on the Court­house, and then to submit to this Court a report showing \r\nthe dates on which and the manner in which the proclamations have been \r\npublished. \r\nDated the               day of               19               . \r\nSchedule. \r\n \r\n \r\nJudge. \r\n \r\nNo.  31. \r\nCERTIFICATE BY OFFICER HOLDING A SALE OF THE DEFICIENCY OF \r\nPRICE ON A RE­SALE OF PROPERTY BY REASON OF THE \r\nPURCHASER'S DEFAULT. (O. 21, r. 71.)  \r\n(Title.) \r\nCertified that at the re­sale of the property in execution of the decree in the \r\nabove­named suit, in consequence of default on the part of                , \r\npurchaser there was a deficiency in the price of the said property amounting to \r\nRs.                and that the expenses attending such re-sale amounted to Rs.           , \r\nmaking a total of Rs.               , which sum is recoverable from the defaulter. \r\nDated the               day of               19               . \r\n \r\nOfficer holding the sale. \r\n \r\nNo.  32. \r\nNOTICE TO PERSON IN POSSESSION OF MOVEABLE PROPERTY SOLD \r\nIN EXECUTION. (O. 21, r. 79.) \r\n(Title.) \r\nTo \r\nWHEREAS \r\nhas become the purchaser at a public sale in execution of the decree in the above \r\nsuit of                                              now in your possession, you are hereby \r\nprohibited from delivering possession of the said                              to any \r\nperson except the said                                             . \r\nGIVEN under my hand and the seal of the Court, this        day of         19      . \r\n \r\nJudge. \r\n \r\nNo.  33. \r\nPROHIBITORY ORDER AGAINST PAYMENT OF DEBTS SOLD IN  \r\nEXECUTION  TO ANY  OTHER  THAN  THE  PURCHASER. (O. 21, r. 79.)  \r\n(Title.) \r\nTo                                                            and to \r\nWHEREAS                                                                           has \r\nbecome the purchaser at a public sale in execution of the decree in the above suit \r\nof                                              being debts due from you                             to you     \r\nIt is ordered that you                         be, and you are hereby, prohibited from \r\nreceiving, and you                from making payment of, the said debt to any person \r\nor persons except the said                                              \r\nGIVEN under my hand and the seal of the Court, this         day of       19       . \r\n \r\nJudge. \r\nNo.  34. \r\nPROHIBITORY ORDER AGAINST THE TRANSFER OF SHARES SOLD IN \r\nEXECUTION. (O. 21, r. 79.) \r\n(Title.) \r\nTo \r\n               and               , Secretary of               Corporation. \r\nWHEREAS               has become the purchaser at a public sale in execution \r\nof the decree, in the above suit, of certain shares in the above Corporation, that is to \r\nsay, of               Standing in the name of you                             ;It is ordered that you    \r\nbe, and you hereby, prohibited from making any transfer of the said shares to any \r\nperson except the said                ,the purchaser aforesaid, or from receiving any \r\ndividends thereon; and you                Secretary of the said Corporation from \r\npermitting any such transfer or making any such payment to any person, except the \r\nsaid               ,the purchaser aforesaid. \r\nGIVEN under my hand and the seal of the Court, this               day of                \r\n19               . \r\n \r\n \r\nJudge. \r\nNo.  35. \r\nCERTIFICATE TO JUDGMENT­DEBTOR AUTHORIZING HIM TO \r\nMORTGAGE, LEASE 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 \r\nmade on the               day of               19                for the sale of the under­mentioned \r\nproperty of the judgment­debtor                ,and whereas the Court has, on the \r\napplication of the said judgment­debtor, postponed the said sale to enable him to \r\nraise the amount of the decree by mortgage, lease or private sale of the said \r\nproperty or of some part thereof: \r\nThis is to certify that the Court doth hereby authorize the said \r\njudgment­debtor to make the proposed mortgage, lease or sale within a period of   \r\nfrom the date of this certificate; provided that all monies payable under such \r\nmortgage, lease or sale shall be paid into this Court and not to the said \r\njudgment­debtor. \r\nDescription of property. \r\nGIVEN under my hand and the seal of the Court, this         day of          19        . \r\n \r\n \r\nJudge. \r\n \r\nNo.  36. \r\nNOTICE TO SHOW CAUSE WHY SALE SHOULD NOT BE SET ASIDE. (O. \r\n21, rr. 90, 92.) \r\n(Title.) \r\nTo \r\nWHEREAS the under­mentioned property was sold on the                day of   \r\n19               in execution of  the decree passed in the above­named suit, and \r\nwhereas                   the decree­holder [or judgment­debtor], has applied to this \r\nCourt to set aside the sale of the said property on the ground of a material \r\nirregularity [or fraud] in publishing [or conducting] the sale, namely that                                 \r\nTake notice that if you have any cause to show why the said application \r\nshould not be granted, you should appear with your proofs in this Court on the      \r\nday of               19               , when the said application will be heard and \r\ndetermined. \r\nGIVEN under my hand and the seal of the Court, this               day of               \r\n19               . \r\nDescription of property. \r\n \r\n \r\nJudge. \r\n \r\nNo.  37. \r\nNOTICE TO SHOW CAUSE WHY SALE SHOULD NOT BE SET ASIDE. (O. \r\n21, rr. 91, 92.) \r\n(Title.) \r\nTo \r\nWHEREAS               , the purchaser of the under­mentioned property sold on \r\nthe               day of               19                , in execution of the decree passed in the \r\nabove­named suit, has applied to this Court to set aside the sale of the said \r\nproperty on the ground that                                          , the judgment­debtor, had no \r\nsaleable interest therein: \r\nTake notice that if you have any cause to show why the said application \r\nshould not be granted, you should appear with your proofs in this Court on the  \r\nday of               19               when the said application will be heard and determined. \r\nGIVEN under my hand and the seal of the Court, this               day of                \r\n19               . \r\nDescription of property. \r\n \r\nJudge. \r\nNo.  38. \r\nCERTIFICATE OF SALE OF LAND. (O. 21, r. 94.) \r\n(Title.) \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 \r\nexecution of decree in this suit, and that the said sale has been­duly confirmed by \r\nthis Court. \r\nGIVEN under my hand and the seal of the Court, this               day of                \r\n19               . \r\n \r\nJudge. \r\nNo.  39. \r\nORDER FOR DELIVERY TO CERTIFIED PURCHASER OF LAND AT A \r\nSALE IN EXECUTION. (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 \r\nsale in execution of decree in suit No.                of 19               ; You are hereby \r\nordered to put the said               , the certified purchaser, as aforesaid, in possession \r\nof the same. \r\nGIVEN under my hand and the seal of the Court, this               day of                \r\n19               . \r\n \r\nJudge. \r\nNo.  40. \r\nSUMMONS TO APPEAR AND ANSWER CHARGE OF OBSTRUCTING \r\nEXECUTION OF DECREE. (O. 21, r. 97.) \r\n(Title.) \r\nTo \r\nWHEREAS                              , the decree­holder in the above suit, has \r\ncomplained to this Court that you have resisted (or obstructed) the officer charged \r\nwith the execution of the warrant for possession: \r\nYou are hereby summoned to appear in this Court on the                day of     \r\n19               at               A.M., to answer the said complaint. \r\nGIVEN under my hand and the seal of the Court, this               day of                \r\n19               . \r\n \r\nJudge. \r\n \r\nNo.  41. \r\nWARRANT OF COMMITTAL. (O. 21, r. 98.)  \r\n(Title.) \r\nTo \r\nThe Officer in charge of the Jail at                               \r\nWHEREAS the under­mentioned property has been decreed to                 , \r\nthe plaintiff in this suit, and whereas the Court is satisfied that                without \r\nany just cause resisted [or obstructed] and is still resisting [or obstructing] the \r\nsaid         in obtaining possession of the property, and whereas the said               has \r\nmade application to this Court that the said               be committed to \r\n1\r\n[* *] prison; \r\nYou are hereby commanded and required to take and receive the said into \r\n2\r\n[* \r\n*] 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                \r\n19               . \r\n \r\nJudge. \r\n \r\n                                                \r\n1The words “the civil” were o mitted by the Civil  Laws (Reforms) Act, 1994 (XIV of 1994); assented to by the President on 27 \r\nJuly 1994; and, was published in the Gazette of Pakistan (Extraordinary), dated: 31 July 1994, pp. 683-688, s. 11. \r\n2Ibid. \r\nNo.  42. \r\nAUTHORITY OF THE COLLECTOR TO STAY PUBLIC SALE OF LAND. \r\n(Section 72.)  \r\n(Title.) \r\nTo \r\n                Collector of                \r\nSIR, \r\nIn answer to your communication No.               , dated               , representing \r\nthat 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 \r\nauthorized to make provision for the satisfaction of the said decree in the manner \r\nrecommended by you. \r\nI have the honour to be, \r\nSIR, \r\nYour obedient Servant, \r\n \r\nJudge. \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 \r\nthere is probable cause for believing that the defendant           is about to                \r\nThese are to command you to demand and receive from the said          \r\nthe sum of Rs.                as sufficient to satisfy the plaintiff's claim, and unless the \r\nsaid sum of Rs.               is forth with delivered to you by or on behalf of the said     \r\nto take the said                                             into custody, and to bring him before this \r\nCourt, 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 \r\ntime as the said suit shall be fully and finally disposed of, and until satisfaction of any \r\ndecree that may be passed against him in the suit. \r\nGIVEN under my hand and the seal of the Court, this         day of     19        . \r\n \r\nJudge. \r\n \r\nPrincipal \r\nInterest \r\nCosts \r\n   \r\nTotal    \r\n \r\n \r\nNo. 2. \r\nSECURITY FOR APPEARANCE OF A DEFENDANT ARRESTED BEFORE \r\nJUDGMENT. (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 \r\nshould not furnish security for his appearance, the Court has ordered him to furnish \r\nsuch security: \r\nTherefore I               have voluntarily become surety and do hereby bind \r\nmyself, my heirs and executors, to the said Court, that the said defendant shall \r\nappear at any time when called upon while the suit is pending and until \r\nsatisfaction of any decree that may be passed against him in the said suit; and in \r\ndefault of such appearance I bind myself, my heirs and executors, to pay to the \r\nsaid Court, at its order, any some of money that may be adjudged against the said \r\ndefendant in the said suit. \r\nWitness my hand at             this             day of            19           . \r\n \r\n \r\n(Signed.) \r\nWitnesses. \r\n1. \r\n2. \r\n \r\nNo.  3. \r\nSUMMONS TO DEFENDANT TO APPEAR ON SURETY'S APPLICATION \r\nFOR DISCHARGE. (O. 38, r. 3.) \r\n(Title.) \r\nTo \r\nWHEREAS               , who became surety on the                  day of                \r\n19         , for your appearance in the above suit, has applied to this Court to be \r\ndischarged from his obligation: \r\nYour are hereby summoned to appear in this Court in person on the      day \r\nof               19               ,at               A. M., when the said application will be heard \r\nand determined. \r\nGIVEN under my hand and the seal of the Court, this        day of         19      . \r\n \r\n \r\n \r\nJudge. \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 \r\nthat security be taken for the appearance of               , the defendant, to answer \r\nany judgment that may be passed against him in the suit; and whereas the Court \r\nhas called upon the defendant to furnish such security, or to offer a sufficient \r\ndeposit in lieu of security, which he has failed to do; It is ordered that the said \r\ndefendant                be committed to \r\n1\r\n[* *] 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                \r\n19               . \r\n \r\n \r\nJudge. \r\n \r\nNo.  5. \r\nATTACHMENT BEFORE JUDGMENT, WITH ORDER TO CALL FOR \r\nSECURITY FOR FULFILMENT 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 \r\ndefendant in the above suit                \r\nThese are to command you to call upon the said defendant                on or \r\nbefore the               day of               19               either to furnish security for the sum \r\nof rupees               to produce and place at the disposal of this Court when required \r\n  or the value thereof, or such portion of the value as may be sufficient to satisfy \r\nany decree that may be passed against him; or to appear and show cause why he \r\nshould not furnish security; and you are further ordered to attach the said           and \r\nkeep the same under safe and secure custody until the further order of the Court; \r\nand 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 \r\nmanner in which it has been executed, or the reason why it has not been executed. \r\nGIVEN under my hand and the seal of the Court, this               day of                \r\n19               . \r\n \r\nJudge. \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 \r\ndefendant, has been directed by the Court to furnish security in the sum of Rs.    to \r\n                                                \r\n1The words “the civil” were omitted by the Civil Laws (Ref orms) Act, 1994 (XIV of 1994); assented to by the President on 27 \r\nJuly 1994 ;and, was published in the Gazette of Pakistan (Extraordinary), dated: 31 July 1994, pp. 683-688, s. 11. \r\nproduce and place at the disposal of the Court the property specified in the schedule \r\nhereunto annexed; \r\nTherefore I                          have voluntarily become surety and do hereby \r\nbind myself, my heirs and executors, to the said Court, that the said defendant shall \r\nproduce and place at the disposal of the Court, when required, the property \r\nspecified in the said schedule, or the value of the same, or such portion thereof as \r\nmay be sufficient to satisfy the decree; and in default of his so doing, I bind myself, \r\nmy heirs and executors, to pay to the said Court, at its order, the said sum of Rs. \r\n                 or such sum not exceeding the said sum as the said Court may \r\nadjudge. \r\nSchedule. \r\nWitness my hand at             this            day of            19            . \r\n \r\n(Signed.) \r\nWitnesses \r\n1. \r\n2. \r\n \r\nNo.  7. \r\nATTACHMENT BEFORE JUDGMENT, ON PROOF OF FAILURE TO \r\nFURNISH SECURITY. (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 \r\nupon                              , the defendant, to furnish security to fulfill any decree that \r\nmay be passed against him in the suit, and whereas the Court has called upon the \r\nsaid                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 \r\nsame under safe and secure custody until the further order of the Court; and you \r\nare further commanded to return this warrant on or before the                day of     \r\n19               with an endorsement certifying the date on which and the manner in \r\nwhich it has been executed, or the reason why it has not been executed. \r\nGIVEN under my hand and the seal of the Court, this               day of                \r\n19               . \r\n \r\n \r\n \r\nJudge. \r\nNo.  8. \r\nTEMPORARY INJUNCTIONS. (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 \r\n[this day] or the plaint filed in this suit on the                day of               ,or the \r\nwritten statement of the said plaintiff filed on the               day of                             ] \r\nand upon hearing the evidence of                and                in support thereof [if after \r\nnotice and defendant not appearing: add, and also the evidence of               as to \r\nservice of notice of this motion upon the defendant C. D.]. This Court doth order \r\nthat an injunction be awarded to restrain the defendant C. D., his servants, agents \r\nand workmen, from pulling down, or suffering to be pulled down, the house in the \r\nplaint in the said suit of the plaintiff mentioned [or in the written statement, or \r\npetition, of the plaintiff and evidence at the hearing of this motion mentioned] being \r\nNo. 9, Oilmongers Street, Hindupur, in the Taluk of                , and from selling the \r\nmaterials whereof the said house is composed, until the hearing of this suit or until \r\nthe further order of this Court. \r\nDated this               day of               19               . \r\n \r\nJudge. \r\n[Where the injunction is sought to  restrain the negotiation of  a  note  or  \r\nbill, the ordering part of the order may run thus:– ]                                                                                 \r\nto restrain the defendants               and               from parting with out of the custody \r\nof them  or any of them  or endorsing, assigning or negotiating the promissory note \r\n[or bill of exchange] in question, dated on or about the               , etc., mentioned in \r\nthe plaintiff's plaint [or petition] and the evidence 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 servants, agents or \r\nworkmen, from  printing, publishing or vending a book, called                               , or \r\nany part thereof, until the, etc.  \r\n[Where part only of a book is to be restrained]                     to restrain the \r\ndefendant C. D., his servants, agents or workmen, from  printing, publishing, selling \r\nor otherwise disposing of such parts of the book in the plaint [or petition and \r\nevidence, etc.] mentioned to have been published by the defendant as hereinafter \r\nspecified, namely, that part of the said book which is entitled               and also that \r\npart which is entitled                 \r\n[or which is contained in page               to page               both inclusive] until   \r\n, etc. \r\n[In Patent cases]                               to restrain the defendant C. D., his \r\nagents, servants and workmen, from making or vending any perforated bricks [or \r\nas the case may be] upon the principle of the inventions in the plaintiff's plaint \r\n[or petition, etc., or written statement, etc.,] mentioned, belonging to the \r\nplaintiffs, or either of them, during the remainder of the respective terms of the \r\npatents in the plaintiff's plaint [or as the case may be] mentioned, and from \r\ncounterfeiting, imitating or resembling the same inventions, or either of them, \r\nor making any addition thereto, or subtraction therefrom, until the hearing, etc. \r\n[In cases of Trade marks]                               to restrain the defendant C. \r\nD., h is servants, agents or workmen, from selling, or exposing for sale, or \r\nprocuring to be sold, any composition or blacking [or as the case may be] \r\ndescribed as or purporting to be blacking manufactured by the plaintiff A. B., \r\nin bottles having affixed thereto such labels as in the plaintiff's plaint [or petition, \r\netc.] mentioned, or any other labels so contrived or expressed as, by \r\ncolourable imitation or otherwise, to represent the composition or blacking sold by \r\nthe defendant to be the same as the composition or blacking manufactured and \r\nsold by the plaintiff A. B., and from using trade­cards so contrived or expressed as \r\nto represent that any composition or blacking sold or proposed to be sold by the \r\ndefendant is the same as the composition or blacking manufactured or sold by \r\nthe plaintiff A. B., until the, etc. \r\n[To restrain a partner from in any way interfering in the business]                            \r\nto restrain the defendant C. D., his agents and servants, from entering into any \r\ncontract, and from accepting, drawing, endorsing or negotiating any bill of \r\nexchange, note or written security in the name of the partnership­firm of B., and \r\nD., and from contracting any debt, buying and selling any goods, and from making \r\nor entering into any verbal or written promise, agreement or undertaking, and from \r\ndoing, or causing to be done, any act, in the name or on the credit of the said \r\npartnership­firm of B. and D., or whereby the said partnership-firm can or may in \r\nany manner become or be made liable to or for the payment of any sum of \r\nmoney, or for the performance of any contract, promise or undertaking until the, \r\netc. \r\nNo.  \r\n1\r\n[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 \r\nin the above suit on the            day of               19                , in favour of               ; \r\nYou are hereby (subject to your giving security to the satisfaction of the Court) \r\nappointed receiver of the said property under Order XL of the Code of Civil \r\nProcedure, 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 \r\ndisbursements in respect of the said property on                , You will be entitled to \r\nremuneration at the rate of               per cent upon your receipts under the authority \r\nof this appointment. \r\nGIVEN under my hand and the seal of the Court, this               day of                \r\n19               . \r\n \r\nJudge. \r\n                                                \r\n1Renumbered by the Repealing and Amending Act, 1914 (X of 1914), published in the Gazette of India, dated: 21 March 1914, \r\npp. 47-59, s. 2 read with the First Schedule. misprinted as 6, was corrected \r\nNo.  \r\n1\r\n[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\nare jointly and severally bound to                        of the Court of               in Rs.         to \r\nbe paid to the said               or his successor in office for the time being. For which \r\npayment to be made we bind ourselves, and each of us, in the whole, our and each \r\nof 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                \r\nfor the purpose 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 \r\nand to get in the outstanding moveable property of                in the said plaint named: \r\nNow the condition of this obligation is such, that if the above­bounden    \r\nshall duly account for all and every the sum and sums of money which he shall so \r\nreceive on account of the rents and profits of the immovable property, and in \r\nrespect of the moveable property, of the said               at such periods as the said \r\nCourt shall appoint, and shall duly pay the balances which shall from time to time \r\nbe certified to be due from him as the said Court hath directed or shall hereafter \r\ndirect, 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 \r\nthe terms of the condition of the bound. \r\n                                                \r\n1Ibid. \r\nAPPENDIX G \r\nAPPEAL, REFERENCE AND REVIEW. \r\n \r\nNo. 1. \r\nMEMORANDUM OF APPEAL. (O. 41, r. 1.) \r\n(Title.) \r\nThe                                                   above­named appeals to the                \r\nCourt at               from the decree of             in Suit No.           of                19               \r\n, dated the               day of               19               ,and sets forth the following grounds \r\nof objection to the decree appealed from, namely:– \r\n \r\nNo. 2. \r\nSECURITY BOND TO BE GIVEN ON ORDER BEING MADE TO STAY \r\nEXECUTION OF DECREE. (O.41, r. 5.) \r\n(Title.) \r\nTo \r\nThis security bond on stay of execution of decree executed by                \r\nwitnesseth:– \r\nThat                          , the plaintiff in Suit No.                of 19                , having \r\nsued               , the defendant, in this Court and a decree having been passed on the \r\n   day of                19                in favour of the plaintiff, and the defendant having \r\npreferred an appeal from the said decree in the               Court, the said appeal is \r\nstill pending. \r\nNow the plaintiff decree­holder having applied to execute the decree, the \r\ndefendant has made an application praying for stay of execution and has been \r\ncalled upon to furnish security. Accordingly I, of my own free will, stand security to \r\nthe extent of Rs.               , mortgaging the properties specified in the schedule \r\nhereunto annexed, and covenant that if the decree of the first Court be confirmed or \r\nvaried 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 \r\nhim thereunder, and if he should fail therein then any amount so payable shall be \r\nrealized from the properties hereby mortgaged, and if the proceeds of the sale of \r\nthe said properties are insufficient to pay the amount due, I and my legal \r\nrepresentatives will be personally liable to pay the balance. To this effect I execute \r\nthis security 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. \r\n41, r. 6.) \r\n(Title.) \r\nTo \r\nTHIS security bond on stay of execution of decree executed by                 \r\nwitnesseth:– \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   \r\nday of               19 in favour of the plaintiff, and the defendant having preferred an \r\nappeal from the said decree in the Court               , the said appeal is still pending. \r\nNow the plaintiff decree­holder has applied for execution of the said \r\ndecree and has been called upon to furnish security. Accordingly I, of my own \r\nfree will, stand security to the extent of Rs.                , mortgaging the properties \r\nspecified in the schedule hereunto annexed, and covenant that if the decree of the \r\nfirst Court be reversed or varied by the Appellate Court, the plaintiff shall restore \r\nany 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 \r\nwhatever may be payable by him thereunder, and if he should fail therein then \r\nany amount so payable shall be realized from the properties hereby mortgaged, \r\nand 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 \r\nbalance. To this effect I execute this security bond this                day of  19           . \r\nSchedule. \r\n \r\n \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.                 \r\nof 19               , against the respondent, and has been called upon to furnish \r\nsecurity. Accordingly I, of my own free will, stand security for the costs of the appeal, \r\nmortgaging the properties specified in the schedule hereunto annexed. I shall not \r\ntransfer the said properties or any part thereof, and in the event of any default on \r\nthe part of the appellant I shall duly carry out any order that may be made against \r\nme with regard to payment of the costs of appeal. Any amount so payable shall be \r\nrealized from the properties hereby mortgaged, and if the proceeds of the sale of \r\nthe said properties are insufficient to pay the amount due, I and my legal \r\nrepresentatives will be personally liable to pay the balance. To this effect I execute \r\nthis security bond this                day of               19               . \r\nSchedule. \r\n(Signed.) \r\n \r\nWitnessed by \r\n1. \r\n2. \r\n \r\nNo.  5. \r\nINTIMATION OF LOWER COURT OF ADMISSION OF APPEAL. (O. 41, r. \r\n13.) \r\n(Title.) \r\nTo \r\nYou are hereby directed to take notice that               the                in the above \r\nsuit, has preferred an appeal to this Court from the decree passed by you therein on \r\nthe             day of            19      . \r\nYou are requested to said with all practicable despatch all material papers in \r\nthe suit. \r\nDated the               day of               19               . \r\n \r\n \r\nJudge. \r\n \r\nNo.  6. \r\nNOTICE TO RESPONDENT OF THE DAY FIXED FOR THE HEARING OF \r\nTHE APPEAL. (O. 41, r. 14.) \r\n(Title.) \r\nAPPEAL  from the               of the Court of               dated the                day of      \r\n19               . \r\nTo \r\nRespondent. \r\nTAKE notice that an appeal from the decree of                in this case has \r\nbeen presented by               and registered in this Court, and that the               day of \r\n  19               has 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 \r\nsome one by law authorized to act for you in this appeal, it will be heard and \r\ndecided in your absence. \r\nGIVEN under my hand and the seal of the Court, this               day of                \r\n19               . \r\n \r\nJudge. \r\n[Note.­ If a stay of execution has been ordered, intimation should be given of the fact \r\non this notice.] \r\n \r\nNo.  7. \r\nNOTICE TO A PARTY TO A SUIT NOT MADE A PARTY TO THE APPEAL \r\nBUT JOINED BY THE COURT AS A RESPONDENT. (O. 41, r. 20.) \r\n(Title.) \r\nTo \r\nWHEREAS you were a party in suit No.                of 19               , in the Court \r\nof                             , and whereas the                has preferred an appeal to this \r\nCourt from the decree passed against him in the said suit and it appears to this \r\nCourt that you are interested in the result of the said appeal: \r\nThis is to give you notice that this Court has directed you to be made a \r\nrespondent in the said appeal and has adjourned the hearing thereof till the      day \r\nof               19               , at               A. M. \r\nIf no appearance is made on your behalf on the said day and at the said hour \r\nthe appeal will be heard and decided in your absence. \r\nGIVEN under my hand and the seal of the Court, this               day of                \r\n19               . \r\n \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   \r\nfrom the decree of               in Suit No.                of 19                ,dated the            day \r\nof               19                ,and whereas notice of the day fixed for hearing the appeal \r\nwas served on the                   on the      day of        19               , the               files \r\nthis memorandum of cross objection under rule 22 of Order XLI of the Code of Civil \r\nProcedure, 1908, and sets forth the following grounds of objection to the decree \r\nappealed from, namely:– \r\n \r\nNo.  9. \r\nDECREE IN APPEAL. (O. 41, r. 35.) \r\n(Title.) \r\nAppeal No.                of 19               from the decree of the Court of                \r\ndated the               day of               19               . \r\nMemorandum  of Appeal. \r\nPlaintiff. \r\nDefendant. \r\nThe                above­named appeals to the               Court at                from \r\nthe decree               in the above suit, dated the               day of                19               \r\n, for the following reasons, namely:– \r\n \r\n \r\nThis appeal coming on for hearing on the            day of            19               , \r\nbefore               ,in the presence of               for the appellant and of                for the \r\nrespondent, it is ordered_ \r\nThe costs of this appeal, as detailed below, amounting to Rs.                      , \r\nare to be paid by               . The costs of the original suit are to be paid by                . \r\nGIVEN under my hand this              day of             19            . \r\n \r\nJudge. \r\nCosts of Appeal. \r\nAppellant. Amount. Respondent. Amount. \r\n \r\n1. Stamp for \r\nmemorandum of \r\nappeal \r\n2. Do. for power \r\n3. Service of processes \r\n4. Pleader‟s fee on Rs. \r\nRs. A. P.  \r\nStamp for power \r\nDo. for petition \r\nService of processes \r\nPleader‟s fee on Rs. \r\nRs. A. P. \r\nTotal….    Total …    \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 \r\nto appeal as a pauper. \r\nAnnexed is a full and true schedule of all the moveable and immoveable \r\nproperty belonging to me 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 \r\nand was allowed 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 \r\nas a pauper from the decree in the above suit dated the                       day of           \r\n19               and whereas the                day of                19                has been fixed \r\nfor hearing the application, notice is hereby given to you that if you desire to show \r\ncause why the applicant should not be allowed to appeal as a pauper an opportunity \r\nwill 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                \r\n19               . \r\n \r\nJudge. \r\n \r\nNo.  12. \r\nNOTICE TO SHOW CAUSE WHY A CERTIFICATE OF APPEAL TO THE \r\n1\r\n[SUPREME COURT] SHOULD NOT BE GRANTED. (O. 45, r. 3.)  \r\n(Title.) \r\nTo \r\nTake notice that                \r\nhas applied to this Court for a certificate that as regards amount or value and \r\nnature the above case fulfils the requirements of section 110 of the Code of Civil \r\nProcedure, 1908, or that it is otherwise a fit one for appeal to \r\n2\r\n[the Supreme Court]. \r\nThe               day of               19               is fixed for you to show cause why \r\nthe Court should not grant the certificate asked for. \r\nGIVEN under my hand and the seal of the Court, this               day of                \r\n19               . \r\nRegistrar. \r\n                                                \r\n1Substituted for the words \"KING IN COUNCIL\" by the Central Laws (Adaption) Order, 1961 (P .O. No. 1 of 1961); made by the \r\nMinister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, \r\nwas published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the \r\nSchedule: it came into force on 23 March 1956. \r\n2Ibid., for the words \"His Majesty in Council\". \r\nNo.  13. \r\nNOTICE TO RESPONDENT OF ADMISSION OF APPEAL TO THE \r\n1\r\n[SUPREME COURT] (O. 45, r. 8.)  \r\n(Title.) \r\nTo \r\nWHEREAS                                                    , the               in the above case, \r\nhas 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 \r\n2\r\n[the  Supreme Court] \r\nhas been admitted on the               day of           19               . \r\nGIVEN under my hand and the seal of the Court, this               day of                \r\n19               . \r\n \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 \r\npassed 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 \r\nreview of its decree in this case. \r\nGIVEN under my hand and the seal of the Court,                this                day \r\nof               19               . \r\n \r\nJudge. \r\n                                                \r\n1Ibid., for the words \" KING IN COUNCIL\". \r\n2Ibid., for the words \"His Majesty in Council\". \r\n \r\nAPPENDIX H \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 \r\nof fact [or of law] to be decided between us and the point at issue between us is \r\nwhether a claim founded on a bond, dated the           day of        19               and \r\nfiled as Exhibit                in the said suit, is or is not beyond the statute of limitation \r\n(or state the point at issue whatever it may be): \r\nWe therefore severally bind ourselves that, upon the finding of the \r\nCourt in the negative [or affirmative] of such issue       will pay to the said       the \r\nsum of Rs.                (or such sum as the Court shall hold to be due thereon), and I, \r\nthe said                               will accept the said sum of Rupees               (or such \r\nas the Court shall hold to be due) in full satisfaction of my claim on the bond \r\naforesaid [or that upon such finding I, the said               will do or abstain from \r\ndoing, etc., etc.]. \r\n \r\nPlaintiff. \r\nDefendant. \r\n \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 \r\nANOTHER COURT FOR TRIAL. (Section 24.) \r\nIn the Court of the District Judge of          No.           of 19            . \r\nTo \r\nWHEREAS an application, dated the            day of               19                 has \r\nbeen made to this Court by            the            in Suit No.              of 19               now \r\npending in the Court of the         at            in which              is plaintiff and                 is \r\ndefendant, for the transfer of the suit for trial to the Court of the              at               :–  \r\nYou are hereby informed that the               day of            19                      has \r\nbeen fixed for the hearing of the application, when you will be heard if you desire to \r\noffer any objection to it. \r\nGIVEN under my hand and the seal of the Court, this               day of                \r\n19               . \r\n \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 \r\nthat sum 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                \r\nhas made application to this Court that                                ; \r\nYou are hereby warned to appear in this Court in person or by a pleader duly \r\ninstructed on the             day of          19           , at                o'clock in the forenoon, \r\nto show cause against the application, failing wherein, the said application will be \r\nheard and determined ex parte. \r\nGIVEN under my hand and the seal of the Court, this               day of                \r\n19               . \r\n \r\nJudge. \r\n \r\nNo.  5. \r\nLIST OF DOCUMENTS PRODUCED BY PLAINTIFF/DEFENDANT. (O. 13, r. \r\n1.)  \r\n(Title.) \r\nNo. Description of \r\ndocument \r\nDate, if any, which the document \r\nbears \r\nSignature of party \r\nor pleader \r\n1 2 3 4 \r\n    \r\n \r\nNo.  6. \r\nNOTICE TO PARTIES OF THE DAY FIXED FOR EXAMINATION OF A \r\nWITNESS ABOUT 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     \r\nthat the examination of              , a witness required by the said               in the said \r\nsuit, may               be taken immediately; and it has been shown to the Court's \r\nsatisfaction that the said witness is about to leave the Court's jurisdiction (or any \r\nother good and sufficient cause to be stated): \r\nTake notice that the examination of the said witness              will be taken \r\nby the Court on the            day of            19           . \r\nDated the               day of               19               . \r\n \r\n \r\n \r\nJudge. \r\n \r\nNo.  7. \r\nCOMMISSION TO EXAMINE ABSENT WITNESS. (O. 26, rr. 4, 18.) \r\n(Title.) \r\nTo \r\nWHEREAS the evidence of                                    is required by the                                   \r\nin the above suit; and whereas              you are requested to take the evidence on \r\ninterrogatories [or viva voce] of such witness               and you are hereby \r\nappointed Commissioner for that purpose. The evidence will be taken in the \r\npresence of the parties or their agents if in attendance, who will be at liberty to \r\nquestion the witness on the points specified; and you are further requested to make \r\nreturn 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 \r\nhaving 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 of the Court, this       day of         19          . \r\n \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\n(abstract of claim); \r\nAnd whereas it has been represented to the said Court that it is necessary for \r\nthe purposes of justice and for the due determination of the matters in dispute \r\nbetween the parties, that the following persons should be examined as witnesses \r\nupon oath touching such matters, that is to say: \r\nE. F., of \r\nG. H., of                                                  and \r\nI. J., of \r\nAnd it appearing that such witnesses are resident within the jurisdiction of \r\nyour honourable Court; \r\nNow I               , as the               of the said Court, have the honour to request, \r\nand 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 \r\nas the agents of the said plaintiff and defendant shall humbly request you in writing \r\nso to summon) to attend at such time and place as you shall appoint before some \r\none or more of you or such other person as according to the procedure of your Court \r\nis competent to take the examination of witnesses, and that you will cause such \r\nwitnesses to be examined upon the interrogatories which accompany this letter of \r\nrequest (or viva voce) touching the said matters in question in the presence of the \r\nagents of the plaintiff and defendant, or such of them as shall, on due notice given, \r\nattend such examination.  \r\nAnd I further have the honour to request that you will be pleased to cause \r\nthe answers of the said witnesses to be reduced into writing, and all books, letters, \r\npapers and documents produced upon such examination to be duly marked for \r\nidentification, 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 \r\naccordance with your procedure, and to return the same, together with such \r\nrequest in writing, if any, for the examination of other witnesses to the said Court. \r\n(Note.­ If the Request is directed to a Foreign Court, the words \r\n\"through \r\n1\r\n[the \r\n2\r\n[Federal Government] ] for transmission\" should be inserted after \r\nthe words \"other witnesses\" in the penultimate line of this form.) \r\n \r\nNo.  9. \r\nCOMMISSION FOR A LOCAL INVESTIGATION, OR TO EXAMINE \r\nACCOUNTS. (O. 26, rr. 9, 11.) \r\n(Title.) \r\nTo \r\nWHEREAS it is deemed requisite, for the purposes of this suit, \r\nthat a commission for              should be issued; You are hereby appointed \r\nCommissioner for the purpose of                                                         \r\nProcess to compel the attendance before you of any witnesses or for \r\nthe production of any documents, whom or which you may desire to examine or \r\ninspect, 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                \r\n19              . \r\n \r\n \r\nJudge. \r\nNo.  10. \r\nCOMMISSION TO MAKE A PARTITION. (O. 26, r. 13.) \r\n(Title.) \r\nTo \r\n                                                \r\n1Substituted for the expression “His Majesty‟s Secretary of State for Foreign Affairs ” by the Adaptation of Central Acts and \r\nOrdinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, \r\npp. 223-283, Article 3 read with the Schedule. \r\n2Substituted for the words “Central Government ” by the Federal Adaptation of Laws Order 1975 (P. O. No. 4 of 1975), \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of \r\nGeneral Adaptations.  \r\nWHEREAS it is deemed requisite for the purposes of this suit that a \r\ncommission should be issued to make the partition or separation of the property \r\nspecified in, and according to the rights as declared in, the decree of this Court, \r\ndated the               day of            19               ; You are here by appointed \r\nCommissioner for the said purpose and are directed to make such inquiry as \r\nmay be necessary, to divide the said property according to the best of your skill \r\nand judgment in the shares set out in the said decree, and to a lot such shares to \r\nthe several parties. You are hereby authorised to award sums to be paid to any \r\nparty by any other party for the purpose of equalizing the value of the shares. \r\nProcess to compel the attendance before you of any witness, or for the \r\nproduction of any documents whom or which you may des ire to examine or \r\ninspect, 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 of the Court, this        day of       19         . \r\n \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. \r\nNatural Guardian. \r\n \r\nWHEREAS an application has been presented on the part of the plaintiff in \r\nthe above suit for the appointment of a guardian for the suit to the minor defendant, \r\nyou, the said minor, and you (1) \r\n(1) Here inset the name of the guardian                are hereby required to \r\ntake notice that unless within                              days from the service upon you of \r\nthis notice, an application is made to this Court for the appointment of you (1)        \r\nor of some friend of you, the minor, to act as guardian for the suit, the Court will \r\nproceed to appoint some other person to act as a guardian to the minor for the \r\npurposes of the said suit. \r\nGIVEN under my hand and the seal of the Court, this         day of      19         . \r\n \r\n \r\n \r\n \r\nJudge. \r\n \r\nNo.  12. \r\nNOTICE TO OPPOSITE PARTY OF DAY FIXED FOR HEARING EVIDENCE \r\nOF PAUPERISM. (O. 33, r. 6.) \r\n(Title.) \r\nTo \r\nWHEREAS                                                  has applied to this Court for \r\npermission to institute a suit against              in forma pauperis under Order XXXIII of \r\nthe Code of Civil Procedure, 1908; and whereas the Court sees no reason to reject \r\nthe application; and whereas the               day of               19              has been fixed \r\nfor receiving such evidence as the applicant may adduce in proof of his pauperism \r\nand for hearing any evidence which may be adduced in disproof thereof: \r\nNotice is hereby given to you under rule 6 of Order XXXIII that in case \r\nyou may wish to offer any evidence to disprove the pauperism of the applicant, \r\nyou may do so on appearing in this Court on the said          day of          19              . \r\nGIVEN under my hand and the seal of the Court, this         day of         19      . \r\n \r\n \r\nJudge. \r\n \r\nNo.  13. \r\nNOTICE TO SURETY OF HIS LIABILITY UNDER A DECREE. (Section 145.) \r\n(Title.) \r\nTo \r\nWHEREAS you              did on              become liable as surety for the \r\nperformance 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  19    \r\nagainst the said defendant for the payment of                              , and whereas \r\napplication has been made for execution of the said decree against you: \r\nTake notice that you are hereby required on or before the               day of    \r\n19              to show cause why the said decree should not be executed against \r\nyou, and if no sufficient cause shall be, within the time specified, shown to the \r\nsatisfaction of the Court, an order for its execution will be forthwith issued in the \r\nterms of the said application. \r\nGIVEN under my hand and the seal of the Court, this         day of        19      . \r\n \r\n \r\n \r\nJudge. \r\nThe Code of Civil Procedure 1908. \r\n(The First Schedule. Appendix H.Miscellaneous.) \r\n \r\nNo 14. \r\nREGISTER OF CIVIL SUITS. (O. 4, r.2.) \r\n____________________ \r\n \r\nCOURT of the           of                     at \r\nREGISTER OF CIVIL SUITS IN THE YEAR 19. \r\n \r\nRETURN OF \r\nEXECUTION. \r\nMinute of \r\nother \r\nReturn \r\nthan \r\nPayment \r\nor Arrest, \r\nand date \r\nof every \r\nReturn.  \r\nNote. Where there are numerous plaintiffs or numerous defendants, the name of the first plaintiff only, or the first \r\ndefendant only, as the case may be, need be entered in the register \r\nArrested.  \r\nAmount paid \r\ninto Court. \r\n \r\nEXECUTION. \r\nAmount of \r\ncosts. \r\n \r\nFor what, \r\nand amount \r\nif money. \r\n \r\nAgainst \r\nwhom. \r\n \r\nDate of \r\norder. \r\n \r\nDate of \r\napplication. \r\n \r\nAPPEAL. \r\nJudgement \r\nin appeal. \r\n \r\nDate of \r\ndecision of \r\nappeal. \r\n \r\nJUDGMENT\r\n. \r\nFor what, or \r\namount. \r\n \r\nFor whom.  \r\nDate.  \r\nAPPEARAN\r\nCE. \r\nDefendant.  \r\nPlaintiff.  \r\nDay for \r\nparties to \r\nappear. \r\n \r\nCLAIM. \r\nWhen the \r\ncause of \r\naction \r\naccrued. \r\n \r\nAmount or \r\nvalue. \r\n \r\nParticulars.  \r\nDEFENDANT. Place of \r\nresidence. \r\n \r\nDescription.  \r\nName.  \r\nPLAINTIFF. Place of \r\nresidence. \r\n \r\nDescription.  \r\nName.  \r\nNo. of suit.  \r\nDate of \r\npresentation of \r\nplaint. \r\n \r\n \r\nThe Code of Civil Procedure 1908. \r\n(The First Schedule. Appendix H.Miscellaneous.) \r\n \r\nNo 15. \r\nREGISTER OF APPEALS. (O. 41, r.9.) \r\n____________________ \r\n \r\nCOURT (OR HIGH COURT) AT \r\nREGISTER OF APPEALS FROM DECREES in the year 19 \r\n \r\nJUDGEMENT. \r\nFor what or \r\namount. \r\n \r\nConfirmed, \r\nreversed or \r\nvaried. \r\n \r\nDate.  \r\nAPPEARANCE. \r\nRespondent.  \r\nAppellant.  \r\nDay for parties \r\nto appear. \r\n \r\nDECREE APPEALED \r\nFROM. \r\nAmount or \r\nValue. \r\n \r\nParticulars  \r\nNo. of Original \r\nSuit. \r\n \r\nOf what Court.  \r\nRESPONSDENT. Place of \r\nresidence. \r\n \r\nDescription.  \r\nName.  \r\nAPPELLANT. Place of \r\nresidence. \r\n \r\nDescription.  \r\nName.  \r\nNo. of appeal.  \r\nDate of memorandum  \r\n \r\n1\r\n[THE SECOND SCHEDULE \r\nArbitration * * * ]  \r\n \r\nTHE THIRD SCHEDULE \r\nEXECUTION OF DECREES BY COLLECTORS \r\n1. Powers of Collector .– Where the execution of a decree has been \r\ntransferred to the Collector under section 68, he may– \r\n(a) proceed as the Court would proceed when the sale of immoveable \r\nproperty is postponed in order to enable the judgment­debtor to raise \r\nthe amount of the decree; or \r\n(b) raise the amount of the decree by letting in perpetuity, or for a \r\nterm, on payment of a premium, or by mortgaging, the whole or any \r\npart of the property ordered to be sold; or \r\n(c) sell the property ordered to be sold or so much thereof as may be \r\nnecessary. \r\n2. Procedure of Collector in special cases .– Where the execution of a \r\ndecree, not being a decree ordering the sale of immoveable property in pursuance \r\nof a contract specifically affecting the same, but being a decree for the payment \r\nof money in satisfaction of which the Court has ordered the sale of immoveable \r\nproperty, has been so transferred, the Collector, if, after such inquiry as he \r\nthinks necessary, he has reason to believe that all the liabilities of the \r\njudgment­debtor can be discharged without a sale of the whole of his available \r\nimmoveable property, may proceed as hereinafter provided. \r\n3. Notice to be given to decree -holders and to persons having claims on \r\nproperty.– (1) In any such case as is referred to in paragraph 2, the Collector \r\nshall publish a notice, allowing a period of sixty days from the date of its publication \r\nfor compliance and calling upon– \r\n(a) every person holding a decree for the payment of money against \r\nthe judgment­debtor capable of execution by sale of his \r\nimmoveable property and which such decree- holder desires to \r\nhave so executed, and every holder of a decree for the payment \r\nof money in execution of which proceedings for the sale of such \r\nproperty are pending, to produce before the Collector a copy of the \r\ndecree, and a certificate from the Court which passed or is executing \r\nthe same, declaring the amount recoverable thereunder; \r\n(b) every person having any claim on the said property to submit to the \r\nCollector a statement of such claim, and to produce the documents (if \r\nany) by which it is evidenced. \r\n                                                \r\n1Repealed by the Arbitration Act, 1940 (X of 1940), published in the Gazette of India, dated: 16 March 1940, pp. 41 -52, s. 49 \r\nread with the Third Schedule: it came into force on 1 July 1940. \r\n(2) Such notice shall be published by being affixed on a conspicuous part \r\nof the Court­house of the Court which made the original order for sale, and in \r\nsuch other places (if any) as the Collector thinks fit; and where the address of \r\nany such decree­holder or claimant is known, a copy of the notice shall be sent to \r\nhim by post or otherwise. \r\n4. Amount of decrees for payment of money to be ascertained, and \r\nimmoveable property available for their satisfaction .– (1) Upon the expiration \r\nof the said period, the Collector shall appoint a day for hearing any \r\nrepresentations which the judgment­debtor and the decree­holders or claimants \r\n(if any) may desire to make, and for holding such inquiry as he may deem \r\nnecessary for informing himself as to the nature and extent of such decrees and \r\nclaims and of the judgment­debtor's immoveable property, and may, from time to \r\ntime, adjourn such hearing and inquiry. \r\n(2) Where there is no dispute as to the fact or extent of the liability of \r\nthe judgment­debtor to any of the decrees or claims of which the Collector is \r\ninformed, or as to the relative priorities of such decrees or claims, or as to the \r\nliability of any such property for the satisfaction of such decrees or claims, the \r\nCollector shall draw up a statement, specifying the amount to be recovered \r\nfor the discharge of such decrees, the order in which such decrees and claims \r\nare to be satisfied, and the immoveable property available for that purpose. \r\n(3) Where any such dispute arises, the Collector shall refer the same, \r\nwith a statement thereof and his own opinion thereon, to the Court which made \r\nthe original order for sale, and shall, pending the reference, stay proceedings \r\nrelating to the subject thereof. The Court shall dispose of the dispute if the matter \r\nthereof is within its jurisdiction, or transmit the case to a competent Court for \r\ndisposal, and the final decision shall be communicated to the Collector, who shall \r\nthen draw up a statement as above provided in accordance with such decision. \r\n5.  Where District Court may issue notices and hold inquiry .– The \r\nCollector may, instead of himself issuing the notices and holding the inquiry \r\nrequired by paragraphs 3 and 4, draw up a statement specifying the circumstances \r\nof the judgment­debtor and of his immoveable property so far as they are known to \r\nthe Collector or appear in the records of his office, and forward such statement to \r\nthe District Court; and such Court shall thereupon issue the notices, hold the \r\ninquiry and draw up the statement required by paragraphs 3 and 4 and transmit \r\nsuch statement to the Collector. \r\n6.  Effect of decision of Court as to dispute .– The decision by the Court of \r\nany dispute arising under paragraph 4 or paragraph 5 shall, as between the \r\nparties thereto, have the force of and be appealable as a decree. \r\n7.  Scheme for liquidation of decrees for payment of money .– (1) Where \r\nthe amount to be recovered and the property available have been determined as \r\nprovided in paragraph 4 or paragraph 5, the Collector may,– \r\n(a) if it appears that the amount cannot be recovered without the sale \r\nof the whole of the property available, proceed to sell such property; \r\nor \r\n(b) if it appears that the amount with interest (if any) in accordance with \r\nthe decree, and, when not decreed, with interest (if any) at such \r\nrate as he thinks reasonable, may be recovered without such sale, \r\nraise such amount and interest (notwithstanding the original order \r\nfor sale)– \r\n(i) by letting in perpetuity or for a term, on payment of a premium, \r\nthe whole 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(iv) by letting on farm, or managing by himself or another, the \r\nwhole or any part of such property for any term not \r\nexceeding twenty years from the date of the order of sale; or \r\n(v) partly by one of such modes, and partly by another or others of \r\nsuch modes. \r\n(2) For the purpose of managing the whole or any part of such property, \r\nthe Collector may exercise all the powers of its owner. \r\n(3) For the purpose of improving the saleable value of the property \r\navailable or any part thereof, or rendering it more suitable for letting or \r\nmanaging, or for preserving the property from sale in satisfaction of an \r\nincumbrance, the Collector may discharge the claim of any incumbrancer which \r\nhas become payable or compound the claim of any incumbrancer whether it has \r\nbecome payable or not, and, for the purpose of providing funds to effect such \r\ndischarge or composition, may mortgage, let or sell any portion of the property \r\nwhich he deems sufficient. If any dispute arises as to the amount due on any \r\nincumbrance with which the Collector proposes to deal under this clause, he may \r\ninstitute a suit in the proper Court, either in his own name or the name of the \r\njudgment­debtor, to have an account taken, or he may agree to refer such \r\ndispute to the decision of two arbitrators, one to be chosen by each party, or of \r\nan umpire to be named by such arbitrators. \r\n(4) In proceeding under this paragraph the Collector shall be subject to \r\nsuch rules consistent with this Act as may, from time to time, be made in this behalf \r\nby the \r\n1\r\n[Provincial Government]. \r\n8. Recovery of balance (if any) after letting or management .– Where, on \r\nthe expiration of the letting or management under paragraph 7, the amount to \r\nbe recovered has not been realized, the Collector shall notify the fact in writing \r\nto the judgment­debtor or his representative in interest, stating at the same time \r\nthat, 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 sell the \r\nwhole or a sufficient part of the said property; and, if on the expiration of the said \r\nsix weeks the said balance is not so paid, the Collector shall sell such property or \r\npart accordingly. \r\n                                                \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order,  1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 4 read with the Table of General Adaptations. \r\n9.  Collector to render accounts to Court .– (1) The Collector shall, from time \r\nto time, render to the Court which made the original order for sale an account of all \r\nmonies which come to his hands and of all charges incurred by him in the exercise \r\nand performance of the powers and duties conferred and imposed on him under \r\nthe provisions of this schedule, and shall hold the balance at the disposal of the \r\nCourt. \r\n(2) Such charges shall include all debts and liabilities from time to time \r\ndue to \r\n1\r\n[the \r\n2\r\n[Government] ] in respect of the property or any part thereof, the \r\nrent (if any) from time to time due to a superior holder in respect of such \r\nproperty or part, and, if the Collector so directs, the expenses of any \r\nwitnesses summoned by him.  \r\n(3) The balance shall be applied by the Court– \r\n(a) in providing for the maintenance of such members of the \r\njudgment­debtor's family (if any) as are entitled to be maintained out \r\nof the income of the property, to such amount in the case of each \r\nmember as the Court thinks fit; and \r\n(b) where the Collector has proceeded under paragraph 1, in satisfaction \r\nof the original decree in execution of which the Court ordered the \r\nsale of immoveable property, or otherwise as the Court may under \r\nsection 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 \r\nsubsistence, in providing for his subsistence to such amount as \r\nthe Court thinks fit; and \r\n(iii) in discharging rateably the claims of the original decree­holder \r\nand any other decree­holders who have complied with the \r\nsaid notice, and whose claims were included in the amount \r\nordered to be recovered. \r\n(4) No other holder of a decree for the payment of money shall be \r\nentitled to be paid out of such property or balance until the decree­holders who \r\nhave obtained such order have been satisfied, and the residue (if any) shall be \r\npaid to the judgment­debtor or such other person as the Court directs. \r\n10. Sales how to be conducted .– Where the Collector sells any property \r\nunder this schedule, he shall put it up to public auction in one or more lots, as he \r\nthinks fit, and may– \r\n(a) fix a reasonable reserved price for each lot; \r\n                                                \r\n1Substituted for the words “the Government”  by the Government of India (Adaptation of Indian Laws) Order, 1937, published in \r\nthe Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n2Substituted for the word “Crown” by the Central Laws (Adaption) Order, 1961 (P .O. No. 1 of 1961); made by the Minister \r\nexercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was \r\npublished in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp. 102 -163, Article 2 read with the Schedule: it \r\ncame into force on 23 March 1956. \r\n(b) adjourn the sale for a reasonable time whenever, for reasons to be \r\nrecorded, he deems the adjournment necessary for the purpose of \r\nobtaining a fair price for the property; \r\n(c) buy in the property offered for sale, and re­sell the same by \r\npublic auction or private contract, as he thinks fit. \r\n11. Restrictions as to alienation by judgment -debtor or his representative, \r\nand prosecution of remedies by decree­holders .– (1) So long as the Collector \r\ncan exercise or perform in respect of the judgment­debtor's immoveable property, \r\nor any part thereof, any of the powers or duties conferred or imposed on him by \r\nparagraphs 1 to 10, the judgment­debtor or his representative in interest shall be \r\nincompetent to mortgage, charge, lease or alienate such property or part \r\nexcept with the written permission of the Collector, nor shall any Civil Court issue \r\nany process against such property or part in execution of a decree for the payment \r\nof money. \r\n(2) During the same period no Civil Court shall issue any process of \r\nexecution either against the judgment­debtor or his property in respect of any \r\ndecree for the satisfaction whereof provision has been made by the Collector \r\nunder paragraph 7. \r\n(3) The same period shall be excluded in calculating the period of \r\nlimitation applicable to the execution of any decree affected by the provisions of \r\nthis paragraph in respect of any remedy of which the decree­holder has been \r\ntemporarily deprived. \r\n12. Provision where property is in several districts .– Where the property of \r\nwhich the sale has been ordered is situate in more districts than one, the powers \r\nand duties conferred and imposed on the Collector by paragraphs 1 to 10 shall be \r\nexercised and performed by such one of the Collectors of the said districts as the \r\n1\r\n[Provincial Government] may by general rule or special order direct. \r\n13. Powers of Collector to compel attendance and production .– In \r\nexercising the powers conferred on him by paragraphs 1 to 10 the Collector shall \r\nhave the powers of a Civil Court to compel the attendance of parties and \r\nwitnesses and the production of documents. \r\n                                                \r\n1Substituted for the words “Local Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published \r\nin the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. \r\n \r\n1\r\n[THE FOURTH SCHEDULE \r\n(See section 155)  \r\nEnactments Amended]  \r\n \r\n2\r\n[THE FIFTH SCHEDULE \r\n(See section 156)  \r\nEnactments Repealed]  \r\n                                                \r\n1Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published in the Gazette of \r\nPakistan (Extraordinary) dated: 8 July 1981, pp. 345-475, s. 3 read with the Second Schedule. \r\n2Omitted by the Second Repealing and Amending Act, 1914 (XVII of 1914), published in the Gazette of India, dated: 19 \r\nSeptember 1914, pp. 68-72, s. 2 read with the First Schedule.",
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