THE CODE OF CIVIL PROCEDURE, 1908

[VOLUME – III]

ORDER XXII

DEATH, MARRIAGE AND INSOLVANCY OF PARTIES

1.

No abatement by party’s death, if right to sue survives.

2.

Procedure where one of several plaintiffs or defendants dies and right to sue survives.

3.

Procedure in case of death of one of several plaintiffs or of sole plaintiff.

4.

Procedure in case of death of one of several defendants or of sole defendant.

4A.

Procedure where there is no legal representative.

5.

Determination of question as to legal representative.

6.

No abatement by reason of death after hearing.

7.

Suit not abated by marriage of female party.

8.

When plaintiff’s insolvency bars suit.

Procedure where assignee fails to continue suit or give security.

9.

Effect of abatement or dismissal.

10.

Procedure in case of assignment before final order in suit.

10A.

Duty of pleader to communicate to Court death of a party.

11.

Application of Order to appeals.

12.

Application of Order to proceedings.

ORDER XXIII

WITHDRAWAL AND ADJUSTMENT OF SUITS

1.

Withdrawal of suit or abandonment of part of claim.

1A.

When transposition of defendants as plaintiffs may be permitted.

2.

Limitation law not affected by first suit.

3.

Compromise of suit.

3A.

Bar to suit.

3B.

No agreement or compromise to be entered in a representative suit without leave of Court.

4.

Proceedings in execution of decrees not affected.

ORDER XXIV

PAYMENT INTO COURT

1.

Deposit by defendant of amount in satisfaction of claim.

2.

Notice of deposit.

3.

Interest on deposit not allowed to plaintiff after notice.

4.

Procedure where plaintiff accepts deposit as satisfaction in part.

Procedure where he accepts it as satisfaction in full.

ORDER XXV

SECURITY FOR COSTS

1.

When security for costs may be required from plaintiff.

2.

Effect of failure to furnish security.

ORDER XXVI

COMMISSIONS

1.

Cases in which Court may issue commission to examine witness.

2.

Order for commission.

3.

Where witness resides within Court’s jurisdiction.

4.

Persons for whose examination commission may issue.

5.

Commission or request to examine witness not within India.

6.

Court to examine witness pursuant to commission.

7.

Return of commission with depositions of witnesses.

8.

When depositions may be read in evidence.

COMMISSIONS FOR LOCAL INVESTIGATIONS

9.

Commissions to make local investigations.

10.

Procedure of Commissioner.

Report and depositions to be evidence in suit. Commissioner may be examined in person.

COMMISSIONS FOR SCIENTIFIC INVESTIGATION, PERFORMANCE OF MINISTERIAL ACT AND SALE OF MOVABLE PROPERTY

10A.

Commission for scientific investigation.

10B.

Commission for performance of a ministerial act.

10C.

Commission for the sale of movable property.

COMMISSIONS TO EXAMINE ACCOUNTS

11.

Commission to examine or adjust accounts.

12.

Court to give Commissioner necessary instructions.

Proceedings and report to be evidence. Court may direct further inquiry.

COMMISSIONS TO MAKE PARTITIONS

13.

Commission to make partition of immovable property.

14.

Procedure of Commissioner.

GENERAL PROVISIONS

15.

Expenses of commission to be paid into Court.

16.

Powers of Commissioners.

16A.

Questions objected to before the Commissioner.

17.

Attendance and examination of witnesses before Commissioner.

18.

Parties to appear before Commissioner.

18A.

Application of Order to execution proceedings.

18B.

Court to fix a time for return of commission.

COMMISSIONS ISSUED AT THE INSTANCE OF FOREIGN TRIBUNALS

19.

Cases in which High Court may issue commission to examine witness.

20.

Application for issue of commission.

21.

To whom commission may be issued.

22.

Issue, execution and return of commissions, and transmission of evidence to foreign Court.

ORDER XXVII

SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY

1.

Suits by or against Government.

2.

Persons authorized to act for Government.

3.

Plaints in suits by or against Government.

4.

Agent for Government to receive process.

5.

Fixing of day for appearance on behalf of Government.

5A.

Government to be joined as a party in a suit against a public officer.

5B.

Duty of Court in suits against the Government or a public officer to assist in arriving at a settlement.

6.

Attendance of person able to answer questions relating to suit against Government.

7.

Extension of time to enable public officer to make reference to Government.

8.

Procedure in suits against public officer.

8A.

No security to be required from Government or a public officer in certain cases.

8B.

Definitions of “Government” and “Government pleader”.

ORDER XXVIIA

SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW AS TO THE INTERPRETATION OF THE CONSTITUTION OR AS TO THE VALIDITY OF ANY STATUTORY INSTRUMENT

1.

Notice to the Attorney-General or the Advocate-General.

1A.

Procedure in suits involving validity of any statutory instrument.

2.

Court may add Government as party.

2A.

Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument.

3.

Costs.

4.

Application of Order to appeals.

ORDER XXVIII

SUITS BY OR AGAINST MILITARY OR NAVAL MEN OR AIRMEN

1.

Officers, soldiers, sailors or airmen who cannot obtain leave may authorize any person to sue or defend for them.

2.

Person so authorized may act personally or appoint pleader.

3.

Service on person so authorized, or on his pleader, to be good service.

ORDER XXIX

SUITS BY OR AGAINST CORPORATIONS

1.

Subscription and verification of pleading.

2.

Service on corporation.

3.

Power to require personal attendance of officer of corporation.

ORDER XXX

SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON BUSINESS IN NAMES OTHER THAN THEIR OWN

1.

Suing of partners in name of firm.

2.

Disclosure of partner’s names.

3.

Service.

4.

Right of suit on death of partner.

5.

Notice in what capacity served.

6.

Appearance of partners.

7.

No appearance except by partners.

8.

Appearance under protest.

9.

Suits between co-partners.

10.

Suit against person carrying on business in name other than his own.

ORDER XXXI

SUITS BY OR AGAINST TRUSTEES, EXECUTORS AND ADMINISTRATORS

1.

Representation of beneficiaries in suits concerning property vested in trustees, etc.

2.

Joinder of trustees, executors and administrators.

3.

Husband of married executrix not to join.

ORDER XXXII

SUITS BY OR AGAINST MINORS AND PERSONS OF UNSOUND MIND

1.

Minor to sue by next friend.

2.

Where suit is instituted without next friend, plaint to be taken off the file.

2A.

Security to be furnished by next friend when so ordered.

3.

Guardian for the suit to be appointed by Court for minor defendant.

3A.

Decree against minor not to be set aside unless prejudice has been caused to his interests.

4.

Who may act as next friend or be appointed guardian for the suit.

5.

Representation of minor by next friend or guardian for the suit.

6.

Receipt by next friend or guardian for the suit of property under decree for minor.

7.

Agreement or compromise by next friend or guardian for the suit.

8.

Retirement of next friend.

9.

Removal of next friend.

10.

Stay of proceedings on removal, etc., of next friend.

11.

Retirement, removal or death of guardian for the suit.

12.

Course to be followed by minor plaintiff or applicant on attaining majority.

13.

Where minor co-plaintiff attaining majority desires to repudiate suit.

14.

Unreasonable or improper suit.

15.

Rules 1 to 14 (except Rule 2A) to apply to persons of unsound mind.

16.

Savings.

ORDER XXXIIA

SUITS RELATING TO MATTERS CONCERNING THE FAMILY

1.

Application of the Order.

2.

Proceedings to be held in camera.

3.

Duty of Court to make efforts for settlement.

4.

Assistance of welfare expert.

5.

Duty to inquire into facts.

6.

“Family” -Meaning of.

ORDER XXXIII

SUITS BY INDIGENT PERSONS

1.

Suits may be instituted by indigent person.

1A.

Inquiry into the means of an indigent person.

2.

Contents of application.

3.

Presentation of application.

4.

Examination of applicant.

5.

Rejection of application.

6.

Notice of day for receiving evidence of applicant’s indigency.

7.

Procedure at hearing.

8.

Procedure if application admitted.

9.

Withdrawal of permission to sue as an indigent person.

9A.

Court to assign a pleader to an unrepresented indigent person.

10.

Costs where indigent person succeeds.

11.

Procedure where indigent person fails.

11A.

Procedure where indigent persons suit abates.

12.

State Government may apply for payment of Court-fees.

13.

State Government to be deemed a party.

14.

Recovery of amount of Court-fees.

15.

Refusal to allow applicant to sue as indigent person to bar subsequent application of like nature.

15A.

Grant of time for payment of Court-fee.

16.

Costs.

17.

Defence by an indigent person.

18.

Power of Government to provide for free legal services to indigent persons.

ORDER XXXIV

SUITS RELATING TO MORTGAGES OF IMMOVABLE PROPERTY

1.

Parties to suits for foreclosure, sale and redemption.

2.

Preliminary decree in foreclosure suit.

3.

Final decree in foreclosure-suit.

4.

Preliminary decree in suit for sale.

5.

Final decree in suit for sale.

6.

Recovery of balance due on mortgage in suit for sale.

7.

Preliminary decree in redemption suit.

8.

Final decree in redemption suit.

8A.

Recovery of balance due on mortgage in suit for redemption.

9.

Decree where nothing is found due or where mortgagee has been overpaid.

10.

Costs of mortgagee subsequent to decree.

10A.

Power of Court to direct mortgagee to pay mesne profits.

11.

Payment of interest.

12.

Sale of property subject to prior mortgage.

13.

Application of proceeds.

14.

Suit for sale necessary for bringing mortgaged property to sale.

15.

Mortgages by the deposit of title-deeds and charges.

ORDER XXXV

INTERPLEADER

1.

Plaint in interpleader-suit.

2.

Payment of thing claimed into Court.

3.

Procedure where defendant is suing plaintiff.

4.

Procedure at first hearing.

5.

Agents and tenants may not institute interpleader-suits.

6.

Charge for plaintiff’s costs.

ORDER XXXVI

SPECIAL CASE

1.

Power to state case for Court’s opinion.

2.

Where value of subject-matter must be stated.

3.

Agreement to be filed and registered as suit.

4.

Parties to be subject to Court’s jurisdiction.

5.

Hearing and disposal of case.

6.

No appeal from a decree passed under Rule 5.

ORDER XXXVII

SUMMARY PROCEDURE

1.

Courts and classes of suits to which the Order is to apply.

2.

Institution of summary suits.

3.

Procedure for the appearance of defendant.

4.

Power to set aside decree.

5.

Power to order bill, etc., to be deposited with officer of Court.

6.

Recovery of cost of noting non-acceptance of dishonoured bill or note.

7.

Procedure in suits.

ORDER XXXVIII

ARREST AND ATTACHMENT BEFORE JUDGMENT

ARREST BEFORE JUDGMENT

1.

Where defendant may be called upon to furnish security for appearance.

2.

Security.

3.

Procedure on application by surety to be discharged.

4.

Procedure where defendant fails to furnish security or find fresh security.

ATTACHMENT BEFORE JUDGMENT

5.

Where defendant may be called upon to furnish security for production of property.

6.

Attachment where cause not shown or security not furnished.

7.

Mode of making attachment.

8.

Adjudication of claim to property attached before judgment.

9.

Removal of attachment when security furnished or suit dismissed.

10.

Attachment before judgment not to affect rights of strangers, nor bar decree-holder from applying for sale.

11.

Property attached before judgment not to be re-attached in execution of decree.

11A.

Provisions applicable to attachment.

12.

Agricultural produce not attachable before judgment.

13.

Small Cause Court not to attach immovable property.

ORDER XXXIX

TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS

TEMPORARY INJUNCTIONS

1.

Cases in which temporary injunction may be granted.

2.

Injunction to restrain repetition or continuance of breach.

2A.

Consequence of disobedience or breach of injunction.

3.

Before granting injunction, Court to direct notice to opposite party.

3A.

Court to dispose of application for injunction within thirty days.

4.

Order for injunction may be discharged, varied or set aside.

5.

Injunction to corporation binding on its officers.

INTERLOCUTORY ORDERS

6.

Power to order interim sale.

7.

Detention, preservation, inspection, etc., of subject-matter of suit.

8.

Application for such orders to be after notice.

9.

When party may be put in immediate possession of land the subject-matter of suit.

10.

Deposit of money, etc., in Court.

ORDER XL

APPOINTMENT OF RECEIVERS

1.

Appointment of receivers.

2.

Remuneration.

3.

Duties.

4.

Enforcement of receiver’s duties.

5.

When Collector may be appointed receiver.

ORDER XLI

APPEALS FROM ORIGINAL DECREES

1.

Form of appeal. What to accompany memorandum.

Contents of memorandum.

2.

Grounds which may be taken in appeal.

3.

Rejection or amendment of memorandum.

3A.

Application for condonation of delay.

4.

One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds on ground common to all.

STAY OF PROCEEDINGS AND OF EXECUTION

5.

Stay by Appellate Court.

Stay by Court which passed the decree.

6.

Security in case of order for execution of decree appealed from.

7.

[Repealed.]

8.

Exercise of powers in appeal from order made in execution decree.

PROCEDURE ON ADMISSION OF APPEAL

9.

Registry of memorandum of appeal.

Register of appeals.

10.

Appellate Court may require appellant to furnish security for costs.

Where appellant resides out of India.

11.

Power to dismiss appeal without sending notice to Lower Court.

11A.

Time within which hearing under Rule 11 should be concluded.

12.

Day for hearing appeal.

13.

Appellate Court to give notice to Court whose decree appealed from.

14.

Publication and service of notice of day for hearing appeal.

15.

Contents of notice.

PROCEDURE ON HEARING

16.

Right to begin.

17.

Dismissal of appeal for appellant’s default.

Hearing appeal ex parte.

18.

Dismissal of appeal where notice not served in consequence of appellant’s failure to deposit costs.

19.

Re-admission of appeal dismissed for default.

20.

Power to adjourn hearing and direct persons appearing interested to be made respondents.

21.

Re-hearing on application of respondent against whom ex parte decree made.

22.

Upon hearing respondent may object to decree as if he had preferred a separate appeal.

23.

Remand of case by Appellate Court.

23A.

Remand in other cases.

24.

Where evidence on record sufficient, Appellate Court may determine case finally.

25.

Where Appellate Court may frame issues and refer them for trial to Court whose decree appealed from.

26.

Findings and evidence to be put on record: Objections to finding.

26A.

Order of remand to mention date of next hearing.

27.

Production of additional evidence in Appellate Court.

28.

Mode of taking additional evidence.

29.

Points to be defined and recorded.

JUDGMENT IN APPEAL

30.

Judgment when and where pronounced.

31.

Contents, date and signature of judgment.

32.

What judgment may direct.

33.

Power of Court of appeal.

34.

Dissent to be recorded.

DECREE IN APPEAL

35.

Date and contents of decree.

Judge dissenting from judgment need not sign decree.

36.

Copies of judgment and decree to be furnished to parties.

37.

Certified copy of decree to be sent to Court whose decree appealed from.

ORDER XLII

APPEALS FROM APPELLATE DECREES

1

Procedure.

2.

Power of Court to direct that the appeal be heard on the question formulated by it.

3.

Application of Rule 14 of Order XLI.

ORDER XLIII

APPEALS FROM ORDERS

1.

Appeals from orders.

1A

Right to challenge non-appealable orders in appeal against decrees.

2.

Procedure.

ORDER XLIV

APPEALS BY INDIGENT PERSONS

1.

Who may appeal as an indigent person.

2.

Grant of time for payment of Court fee.

3.

Inquiry as to whether applicant is an indigent person.

ORDER XLV

APPEALS TO THE SUPREME COURT

1.

“Decree” defined.

2.

Application to Court whose decree complained of.

3.

Certificate as to value or fitness.

4.

[Omitted.]

5.

[Omitted.]

6.

Effect of refusal of certificate.

7.

Security and deposit required on grant of certificate.

8.

Admission of appeal and procedure thereon.

9.

Revocation of acceptance of security.

9A.

Power to dispense with notices in case of deceased parties.

10.

Power to order further security or payment.

11.

Effect of failure to comply with order.

12.

Refund of balance deposit.

13.

Powers of Court pending appeal.

14.

Increase of security found inadequate.

15.

Procedure to enforce orders of the Supreme Court.

16.

Appeal from order relating to execution.

17.

[Repealed.]

ORDER XLVI

REFERENCE

1.

Reference of question to High Court.

2.

Court may pass decree contingent upon decision of High Court.

3.

Judgment of High Court to be transmitted, and case disposed of accordingly.

4.

Costs of reference to High Court.

4A.

Reference to High Court under proviso to Section 113.

5.

Power to alter, etc., decree of Court making reference.

6.

Power to refer to High Court questions as to jurisdiction in small causes.

7.

Power to District Court to submit for revision proceedings had under mistake as to jurisdiction in small causes.

ORDER XLVII

REVIEW

1.

Application for review of judgment.

2.

[Repealed.]

3.

Form of applications for review.

4.

Application where rejected.

5.

Application for review in Court consisting of two or more Judges.

6.

Application where rejected.

7.

Order of rejection not appealable. Objections to order granting application.

8.

Registry of application granted, and order for re-hearing.

9.

Bar of certain applications.

ORDER XLVIII

MISCELLANEOUS

1.

Process to be served at expense of party issuing.

2.

Orders and notices how served.

3.

Use of forms in appendices.

ORDER XLIX

CHARTERED HIGH COURTS

1.

Who may serve processes of High Court..

2.

Saying in respect of Chartered High Courts.

3.

Application of Rules.

ORDER L

PROVINCIAL SMALL CAUSE COURTS

1.

Provincial Small Cause Courts.

ORDER LI

PRESIDENCY SMALL CAUSE COURTS

1.

Presidency Small Cause Courts.

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