THE CODE OF CIVIL PROCEDURE, 1908

[VOLUME – II]

THE FIRST SCHEDULE

ORDER I

PARTIES TO SUITS

RULES

1.

Who may be joined as plaintiffs?

2.

Power of Court to order separate trials.

3.

Who may be joined as defendants?

3A.

Power to order separate trials where joinder of defendants may embarrass or delay trial.

4.

Court may give judgment for or against one or more of joint parties.

5.

Defendant need not be interested in all the relief claimed.

6.

Joinder of parties liable on same contract.

7.

When plaintiff in doubt from whom redress is to be sought.

8.

One person may sue or defend on behalf of all in same interest.

8A.

Power of Court to permit a person or body of persons to present opinion or to take part in the proceedings.

9.

Misjoinder and non-joinder.

10.

Suit in name of wrong plaintiff.

Court may strike out or add parties.

Where defendant added, plaint to be amended.

10A.

Power of Court to request any pleader to address it.

11.

Conduct of suit.

12.

Appearance of one of several plaintiffs or defendants for others.

13.

Objections as to non-joinder or misjoinder.

ORDER II

FRAME OF SUIT

1.

Frame of suit.

2.

Suit to include the whole claim.

Relinquishment of part of claim.

Omission to sue for one of several reliefs.

3.

Joinder of causes of action.

4.

Only certain claims to be joined for recovery of immovable property.

5.

Claims by or against executor, administrator or heir.

6.

Power of Court to order separate trials.

7.

Objections as to misjoinder.

ORDER III

RECOGNISED AGENTS AND PLEADERS

1.

Appearances etc., may be in person, by recognized agent or by pleader.

2.

Recognised agents.

3.

Service of process on recognized agents.

4.

Appointment of pleader.

5.

Service of process on pleader.

6.

Agent to accept service.

Appointment to be in writing and to be filled in Court.

ORDER IV

INSTITUTION OF SUITS

1.

Suit to be commenced by plaint.

2.

Register of suits.

ORDER V

ISSUE AND SERVICE OF SUMMONS

ISSUE OF SUMMONS

1.

Summons.

2.

Copy or statement annexed to summons.

3.

Court may order defendant or plaintiff to appear in person.

4.

No party to be ordered to appear in person unless resident within certain limits.

5.

Summons to be either to settle issues or for final disposal.

6.

Fixing day for appearance of defendant.

7.

Summons to order defendant to produce documents relied on by him.

8.

On issue of summons for final disposal, defendant to be directed to produce his witnesses.

SERVICE OF SUMMONS

9.

Delivery or transmission of summons for service.

9-A.

Delivery of summons By Court

10.

Mode of service.

11.

Service on several defendants.

12.

Service to be on defendant in person when practicable, or on his agent.

13.

Service on agent by whom defendant carried on business.

14.

Service on agent in charge in suits for immovable property.

15.

Where service may be on an adult member of defendant’s family.

16.

Person served to sign acknowledgement.

17.

Procedure when defendant refuses to accept service, or cannot be found.

18.

Endorsement of time and manner of service.

19.

Examination of serving officer.

19A.

Simultaneous issue of summons for service by post in addition to personal service.

Substituted service.

Effect of substituted service.

Where service substituted, time for appearance to be fixed.

20A.

[Omitted].

21.

Service of summons where defendant resides within jurisdiction of another Court.

22.

Service within presidency-towns of summons issued by Courts outside.

23.

Duty of Court to which summons is sent.

24.

Service on defendant in prison.

25.

Service where defendant resides out of India and has no agent.

26.

Service in foreign territory through Political Agent or Court.

26A.

Summonses to be sent to officers of foreign countries.

27.

Service on civil public officer or on servant of Railway Company or local authority.

28.

Service on soldiers, sailors or airmen.

29.

Duty of person to whom summons is delivered or sent for service.

30.

Substitution of letter for summons.

ORDER VI

PLEADINGS GENERALLY

1.

Pleading.

2.

Pleading to state material facts and not evidence.

3.

Forms of pleading.

4.

Particulars to be given where necessary.

5.

Further and better statement, or particulars.

6.

Condition precedent.

7.

Departure.

8.

Denial of contract.

9.

Effect of document to be stated.

10.

Malice, knowledge, etc.

11.

Notice.

12.

Implied contract, or relation.

13.

Presumptions of law.

14.

Pleading to be signed.

14A.

Address for service of notice.

15.

Verification of pleadings.

16.

Striking out pleadings.

17.

Amendment of pleadings.

18.

Failure to amend after order.

ORDER VII

PLAINT

1.

Particulars to be contained in plaint.

2.

In money suits.

3.

Where the subject-matter of the suit is immovable property.

4.

When plaintiff sues as representative.

5.

Defendant’s interest and liability to be shown.

6.

Grounds of exemption from limitation law.

7.

Relief to be specifically stated.

8.

Relief founded on separate grounds.

9.

Procedure on admitting plaint: Concise Statements.

10.

Return of plaint.

Procedure on returning plaint.

10A.

Power of Court to fix a date of appearance in the Court where plaint is to be filed after its return.

10B.

Power of Appellate Court to transfer suit to the proper Court.

11.

Rejection of plaint.

12.

Procedure on rejecting plaint.

13.

Where rejection of plaint does not preclude presentation of fresh plaint.

DOCUMENTS RELIED ON IN PLAINT

14.

Production of document on which plaintiff sues.

List of other documents.

15.

Statement in case of documents not in plaintiff’s possession or power.

16.

Suits on lost negotiable instruments.

17.

Production of shop-book.

Original entry to be marked and returned.

18.

Inadmissibility of documents not produced when plaint filed.

ORDER VIII

WRITTEN STATEMENT, SET-OFF AND COUNTER-CLAIM

1.

Written statement.

2.

New facts must be specially pleaded.

3.

Denial to be specific.

4.

Evasive denial.

5.

Specific denials.

6.

Particulars of set-off to be given in written statement.

Effect of set-off.

6A.

Counter-claim by defendant.

6B.

Counter-claim to be stated.

6C.

Exclusion of counter-claim.

6D.

Effect of discontinuance of suit.

6E.

Default of plaintiff to reply to counter-claim.

6F.

Relief to defendant where counter-claim succeeds.

6G.

Rules relating to written statement to apply.

7.

Defence or set-off founded upon separate grounds.

8.

New ground of defence.

8A.

Duty of defendant to produce documents upon which relief is claimed by him.

9.

Subsequent pleadings.

10.

Procedure when party fails to present written statement called for by Court.

ORDER IX

APPEARANCE OF PARTIES AND CONSEQUENCE OF NON-APPEARANCE

1.

Parties to appear on day fixed in summons for defendant to appear and answer.

2.

Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs.

3.

Where neither party appears, suit to be dismissed.

4.

Plaintiff may bring fresh suit or Court may restore suit to file.

5.

Dismissal of suit where plaintiff, after summons returned unserved, fails for one month to apply for fresh summons.

6.

Procedure when only plaintiff appears.

When summons duly served.

When summons not duly served.

When summons served but not in due time.

7.

Procedure where defendant appears on day of adjourned hearing and assigns good cause for previous non-appearance.

8.

Procedure where defendant only appears.

9.

Decree against plaintiff by default bars fresh suit.

10.

Procedure in case of non-attendance of one or more of several plaintiffs.

11.

Procedure in case of non-attendance of one or more of several defendants.

12.

Consequence of non-attendance, without sufficient cause shown, of party ordered to appear in person.

SETTING ASIDE DECREES EXPARTE

13.

Setting aside decree ex-parte against defendant.

14.

No decree to be set aside without notice to opposite party.

ORDER X

EXAMINATION OF PARTIES BY THE COURT

1.

Ascertainment whether allegations in pleadings are admitted or denied.

2.

Oral examination of party, or companion of party.

3.

Substance of examination to be written.

4.

Consequence of refusal or inability of pleader to answer.

ORDER XI

DISCOVERY AND INSPECTION

1.

Discovery by interrogatories.

2.

Particular interrogatories to be submitted.

3.

Costs of interrogatories.

4.

Form of interrogatories.

5.

Corporations.

6.

Objections to interrogatories by answer.

7.

Setting aside and striking out interrogatories.

8.

Affidavit in answer, filing.

9.

Form of affidavit in answer.

10.

No exception to be taken.

11.

Order to answer or answer further.

12.

Application for discovery of documents.

13.

Affidavit of documents.

14.

Production of documents.

15.

Inspection of documents referred to in pleadings or affidavits.

16.

Notice to produce.

17.

Time for inspection when notice given.

18.

Order for inspection.

19.

Verified copies.

20.

Premature discovery.

21.

Non-compliance with order for discovery.

22.

Using answers to interrogatories at trial.

23.

Order to apply to minors.

ORDER XII

ADMISSIONS

1.

Notice of admission of case.

2.

Notice to admit documents.

2A.

Document to be deemed to be admitted if not denied after services of notice to admit documents.

3.

Form of notice.

3A.

Power of Court to record admission.

4.

Notice to admit facts.

5.

Form of admissions.

6.

Judgment on admissions.

7.

Affidavit of signature.

8.

Notice to produce documents.

9.

Costs.

ORDER XIII

PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS

1.

Documentary evidence to be produced at or before the settlement of issues.

2.

Effect of non-production of documents.

3.

Rejection of irrelevant or inadmissible documents.

4.

Endorsements on documents admitted in evidence.

5.

Endorsements on copies of admitted entries in books, accounts and records.

6.

Endorsements on documents rejected as inadmissible in evidence.

7.

Recording of admitted and return of rejected documents.

8.

Court may order any document to be, impounded.

9.

Return of admitted documents.

10.

Court may send for papers from its own records or from other Courts.

11.

Provisions as to documents applied to material objects.

ORDER XIV

SETTLEMENT OF ISSUES AND DETERMINATION OF SUIT ON ISSUES OF LAW OR ON ISSUES AGREED UPON

1.

Framing of issues.

2.

Court to pronounce judgment on all issues.

3.

Materials from which issues may be framed.

4.

Court may examine witnesses or documents before framing issues.

5.

Power to amend, and strike out, issues.

6.

Questions of fact or law may by agreement be stated in form of issues.

7.

Court, if satisfied that agreement was executed in good faith, may pronounce judgment.

ORDER XV

DISPOSAL OF THE SUIT AT THE FIRST HEARING

1.

Parties not at issue.

2.

One of several defendants not at issue.

3.

Parties at issue.

4.

Failure to product evidence.

ORDER XVI

SUMMONING AND ATTENDANCE OF WITNESSES

1.

List of witnesses and summons to witnesses.

1A.

Production of witnesses without summons.

Expenses of witness to be paid into Court on applying for summons.

3.

Tender of expenses to witness.

4.

Procedure where insufficient sum paid in.

5.

Time, place and purpose of attendance to be specified in summons.

6.

Summons to produce document.

7.

Power to require persons present in Court to give evidence or produce document.

7A.

Summons given to party for service.

8.

Summons how served.

9.

Time for serving summons.

10.

Procedure where witness fails to comply with summons.

11.

If witness appears, attachment may be withdrawn.

12.

Procedure if witness fails to appear.

13.

Mode of attachment.

14.

Court may of its own accord summon as witnesses strangers to suit.

15.

Duty of persons summoned to give evidence or produce document.

16.

When they may depart.

17.

Application of Rules 10 to 13.

18.

Procedure where witness apprehended cannot give evidence or produce document.

19.

Not witness to be ordered to attend in person unless resident within certain limits.

20.

Consequence of refusal of party to give evidence when called on by Court.

21.

Rules as to witnesses to apply to parties summoned.

ORDER XVI-A

ATTENDANCE OF WITNESSES CONFINED OR DETAINED IN PRISONS

1.

Definitions.

2.

Power to require attendance of prisoners to give evidence.

3.

Expenses to be paid into Court.

4.

Power of State Government to exclude certain persons from the operation of Rule 2.

5.

Officer in charge of prison to abstain from carrying out order in certain cases.

6.

Prisoner to be brought to Court in custody.

7.

Power to issue Commission for examination of witness in prison.

ORDER XVII

ADJOURNMENTS

1.

Court may grant time and adjourn hearing.

Costs of adjournment.

2.

Procedure if parties fail to appear on day fixed.

3.

Court may proceed notwithstanding either party fails to produce evidence, etc.

ORDER XVIII

HEARING OF THE SUIT AND EXAMINATION OF WITNESSES

1.

Right to begin.

2.

Statement and production of evidence.

Evidence where several issues.

3A.

Party to appear before other witnesses.

4.

Witnesses to be examined in open Court.

5.

How evidence shall be taken in appealable cases.

6.

When deposition to be interpreted.

7.

Evidence under Section 138.

8.

Memorandum when evidence not taken down by Judge.

9.

When evidence may be taken in English.

10.

Any particular question and answer may be taken down.

11.

Questions objected to and allowed by Court.

12.

Remarks on demeanour of witnesses.

13.

Memorandum of evidence in unappealable cases.

14.

[Omitted.]

15.

Power to deal with evidence taken before another Judge.

16.

Power to examine witness immediately.

17.

Court may recall and examine witness.

17A.

Production of evidence not previously known or which could not be produced despite due diligence.

18.

Power of Court to inspect.

ORDER XIX

AFFIDAVITS

1.

Power to order any point to be proved by affidavit.

2.

Power to order attendance of deponent for cross-examination.

3.

Matters to which affidavits shall be confined.

ORDER XX

JUDGMENT AND DECREE

1.

Judgment when pronounced.

2.

Power to pronounce judgment written by Judge’s predecessor.

3.

Judgment to be signed.

4.

Judgments of Small Cause Courts.

Judgments of other Courts.

5.

Court to state its decision on each issue.

5A.

Court to inform parties as to where an appeal lies in cases where parties are not represented by pleaders.

6.

Contents of decree.

6A.

Last paragraph of judgment to indicate in precise terms the relief granted.

6B.

Copies of type-written judgment when to be made available.

7.

Date of decree.

8.

Procedure where Judge has vacated office before signing decree.

9.

Decree for recovery of immovable property.

10.

Decree for delivery of movable property.

11.

Decree may direct payment by instalments.

Order, after decree, for payment by instalments.

12.

Decree for possession and mesne profits.

12A.

Decree for specific performance of contract for the sale or lease of immovable property.

13.

Decree in administration suit.

14.

Decree in pre-emption-suit.

15.

Decree in suit for dissolution of partnership.

16.

Decree in suit for account between principal and agent.

17.

Special directions as to accounts.

18.

Decree in suit for partition of property or separate possession of a share therein.

19.

Decree when set-off or counter-claim is allowed.

Appeal from decree relating to set-off or counter-claim.

20.

Certified copies of judgment and decree to be furnished.

ORDER XXA

COSTS

1.

Provisions relating to certain items.

2.

Costs to be awarded in accordance with the rules made by High Court.

ORDER XXI

EXECUTION OF DECREES AND ORDERS

PAYMENT UNDER DECREE

1.

Modes of paying money under decree.

2.

Payment out of Court to decree-holder.

COURTS EXECUTING DECREES

3.

Lands situate in more than one jurisdiction.

4.

Transfer to Court of Small Causes.

5.

Mode of transfer.

6.

Procedure where Court desires that its own decree shall be executed by another Court.

7.

Court receiving copies of decree, etc., to file same without proof.

8.

Execution of decree or order by Court to which it is sent.

9.

Execution by High Court of decree transferred by other Court.

APPLICATION FOR EXECUTION

10.

Application for execution.

11.

Oral application.

Written application.

11A.

Application for arrest to state grounds.

12.

Application for attachment of movable property not in judgment-debtor’s possession.

13.

Application for attachment of immovable property to contain certain particulars.

14.

Power to require certified extract from Collector’s register in certain cases.

15.

Application for execution by joint decree-holder.

16.

Application for execution by transferee of decree.

17.

Procedure on receiving application for execution of decree.

18.

Execution in case of cross-decrees.

19.

Execution in case of cross-claims under same decree.

20.

Cross-decrees in mortgage-suits.

21.

Simultaneous execution.

22.

Notice to show cause against execution in certain cases.

22A.

Sale not to be set aside on the death of the judgment-debtor before the sale but after the service of the proclamation of sale.

23.

Procedure after issue of notice.

PROCESS FOR EXECUTION

24.

Process for execution.

25.

Endorsement on process.

STAY OF EXECUTION

26.

When Court may stay execution.

Power to require security from, or impose conditions upon, judgment-debtor.

27.

Liability of judgement-debtor discharged.

28.

Order of Court which passed decree or of Appellate Court to be binding upon Court applied to.

29.

Stay of execution pending suit between decree-holder and judgment-debtor.

MODE OF EXECUTION

30.

Decree for payment of money.

31.

Decree for specific movable property.

32.

Decree for specific performance for restitution of conjugal rights, or for an injunction.

33.

Discretion of Court in execution decrees for restitution of conjugal rights.

34.

Decree for execution of document, or endorsement of negotiable instrument.

35.

Decree for immovable property.

36.

Decree for delivery of immovable property when in occupancy of tenant.

ARREST AND DETENTION IN THE CIVIL PRISON

37.

Discretionary power to permit judgment-debtor to show cause against detention in prison.

38.

Warrant for arrest to direct judgment-debtor to be brought up.

39.

Subsistence-allowance.

40.

Proceedings on appearance of judgment-debtor in obedience to notice or after arrest.

ATTACHMENT OF PROPERTY

41.

Examination of judgment-debtor as to his property.

42.

Attachment in case of decree for rent or mesne profits or other matter, amount of which to be subsequently determined.

43.

Attachment of movable property, other than agricultural produce, in possession of judgment-debtor.

43A.

Custody of movable property.

44.

Attachment of agricultural produce.

45.

Provisions as to agricultural produce under attachment.

46.

Attachment of debt, share and other property not in possession of judgment-debtor.

46A.

Notice to garnishee.

46B.

Order against garnishee.

46C.

Trial of disputed questions.

46D.

Procedure where debt belongs to third person.

46E.

Order as regards third person.

46F.

Payment by garnishee to be valid discharge.

46G.

Costs.

46H.

Appeals.

46I.

Application to negotiable instruments.

47.

Attachment of share in movables.

48.

Attachment of salary or allowances of servant of the Government or railway company or local authority.

48A.

Attachment of salary or allowances of private employees.

49.

Attachment of partnership property.

50.

Execution of decree against firm.

51.

Attachment of negotiable instruments.

52.

Attachment of property in custody of Court or public officer.

53.

Attachment of decrees.

54.

Attachment of immovable property.

55.

Removal of attachment after satisfaction of decree.

56.

Order for payment of coin or currency notes to party entitled under decree.

57.

Determination of attachment.

ADJUDICATION OF CLAIMS AND OBJECTIONS

58.

Adjudication of claims to, or objections to attachment of property.

59.

Stay of sale.

60 to 63 Repealed.

SALE GENERALLY

64.

Power to order property attached to be sold and proceeds to be paid to person entitled.

65.

Sales by whom conducted and how made.

66.

Proclamation of sales by public auction.

67.

Mode of making proclamation.

68.

Time of sale.

69.

Adjournment of stoppage of sale.

70.

[Repealed.]

71.

Defaulting purchaser answerable for loss on re-sale.

72.

Decree-holder not to bid for or buy property without permission.

Where decree-holder purchases, amount of decree may be taken as payment.

72A.

Mortgagee not to bid at sale without the leave of the Court.

73.

Restriction on bidding or purchase by officers.

SALE OF MOVABLE PROPERTY

74.

Sale of agricultural produce.

75.

Special provisions relating to growing crops.

76.

Negotiable instruments and shares in corporations.

77.

Sale by public auction.

78.

Irregularity not to vitiate sale, but any person injured may sue.

79.

Delivery of movable property, debts and shares.

80.

Transfer of negotiable instruments and shares.

81.

Vesting order in case of other property.

SALE OF IMMOVABLE PROPERTY

82.

What Courts may order sales.

83.

Postponement of sale to enable judgment-debtor to raise amount of decree.

84.

Deposit by purchaser and re-sale on default.

85.

Time for payment in full of purchase-money.

86.

Procedure in default of payment.

87.

Notification on re-sale.

88.

Bid of co-sharer to have preference.

89.

Application to set aside sale on deposit.

90.

Application to set aside sale on ground of irregularity or fraud.

91.

Application by purchaser to set aside sale on ground of judgment-debtor having no saleable interest.

92.

Sale when to become absolute or be set aside.

93.

Return of purchase-money in certain cases.

94.

Certificate to purchaser.

95.

Delivery of property in occupancy of judgment-debtor.

96.

Delivery of property in occupancy of tenant.

RESISTANCE TO DELIVERY OF POSSESSION TO DECREE-HOLDER OR PURCHASER

97.

Resistance or obstruction to possession of immovable property.

98.

Orders after adjudication.

99.

Dispossession by decree-holder or purchaser.

100.

Order to be passed upon application complaining of dispossession.

101.

Question to be determined.

102.

Rules not applicable to transferee pendente lite.

103.

Orders to be treated as decrees.

104.

Order under Rule 101 or Rule 103 to be subject to the result of pending suit.

105.

Hearing of application.

106.

Setting aside orders passed ex parte, etc.

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