THE CODE OF CIVIL PROCEDURE, 1908

[VOLUME – IV]

CONTENTS

APPENDICES TO THE FIRST SCHEDULE

APPENDIX A

A. PLEADINGS.—

1.

TITLES OF SUITS.

2.

DESCRIPTION OF PARTIES IN PARTICULAR CASES.

3.

PLAINTS.

4.

WRITTEN STATEMENTS.

APPENDIX B

PROCESS

1.

SUMMONS FOR DISPOSAL OF SUIT.

1A.

Summons/Notice for service by Advertisement in a newspapeR.

1A.

Summons to defendant for ascertainment whether the suit will be contesteD.

1A.

Summons for ascertaining whether as suit is contested or not and if not contested for its immediate disposaL.

2.

SUMMONS FOR SETFLEMENT OF ISSUE.

3.

SUMMONS TO APPEAR IN PERSON.

4.

Summons in a summary suiT.

4A.

SUMMONS FOR JUDGMENT IN A SUMMARY SUIT.

5.

NOTICE TO PERSON WHO, THE COURT CONSIDERS, SHOULD BE ADDED AS CO-PLAINTIFF.

6.

SUMMONS TO LEGAL REPRESENTATIVE OF A DECEASED DEFENDANT.

7.

ORDER FOR TRANSMISSION OF SUMMONS FOR SERVICE IN THE JURISDICTION OF ANOTHER COURT.

8.

ORDER FOR TRANSMISSION OF SUMMONS TO BE SERVED ON A PRISONER.

9.

ORDER FOR TRANSMISSION OF SUMMONS TO BE SERVED ON A PUBLIC SERVANT OR SOLDIER.

10.

TO ACCOMPANY RETURNS OF SUMMONS OF ANOTHER COURT.

10.

TO ACCOMPANY RETURNS OF SUMMONS OF ANOTHER COURT.

11.

AFFIDAVIT OF PROCESS-SERVER TO ACCOMPANY RETURN OF A SUMMONS OR NOTICE.

11.

Declaration of process-server to accompany return of a summons of noticE.

12.

NOTICE TO DEFENDANT.

12A.

NOTICE TO THE PROPOSED GUARDIAN DEFENDANT OF A MINOR.

13.

SUMMONS TO WITNESS.

13A.

Certificate of Attendance to an Officer of Government summoned as a witness in a suit to which the Government is a partY.

13A.

CERTIFICATE OF ARTENDANCE TO AN OFFICER OF GOVERNMENT SUMMONS AS A WITNESS IN A SUIT TO WHICH THE GOVERNMENT IS A PARTY

14.

PROCLAMATION REQUIRING ATFENDANCE OF WITNESS.

15.

PROCLAMATION REQUIRING ATTENDANCE OF WITNESS.

16.

WARRANT OF ATTACHMENT OF PROPERTY OF WITNESS.

17.

WARRANT OF ARREST OF WITNESS.

18.

WARRANT OF committaL.

19.

WARRANT OF COMMITTAL.

20.

APPLICATION FOR ISSUE OF SUMMONS TO A PARTY OR WITNESS.

APPENDIX C

DISCOVERY, INSPECTION AND ADMISSION

1.

ORDER FOR DELIVERY OF INTERROCATORIES.

2.

INTERROGATORIES.

3.

ANSWER TO INTERROGATORIES.

4.

ORDER FOR AFFIDAVIT AS TO DOCUMENTS.

5.

AFFIDAVIT AS TO DOCUMENTS.

6.

ORDER TO PRODUCE DOCUMENTS FOR INSPECTION.

7.

NOTICE TO PRODUCE DOCUMENTS.

8.

NOTICE TO INSPECT DOCUMENTS.

9.

NOTICE TO ADMIT DOCUMENTS.

10.

NOTICE TO ADMIT FACTS.

11.

ADMISSION OF FACTS PURSUANT TO NOTICE.

12.

NOTICE TO PRODUCE GENERAL FORM.

APPENDIX D

DECREES

1.

DECREE IN ORIGINAL SUIT.

2.

SIMPLE MONEY DECREE.

3.

PRELIMINARY DECREE FOR FORECLOSURE.

SCHEDULE

DESCRIPTION OF THE MORTGAGED PROPERLY

3A.

PRELIMINARY DECREE FOR FORECLOSURE.

4.

FINAL DECREE FOR FORECLOSURE.

4.

DECREE FOR FORECLOSURE.

5.

PRELIMINARY DECREE FOR SALE.

6.

FINAL DECREE FOR SALE.

6.

DECREE FOR SALE.

7.

PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BYMORTGAGOR A DECREE FOR FORECLOSURE IS PASSED.

7A.

PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE FOR SALE IS PASSED.

7B.

PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE FOR FORECLOSURE IS PASSED.

7C.

PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE FOR SALE IS PASSED.

7D.

FINAL DECREE FOR FORECLOSURE IN A REDEMPTION SUIT ON DEFAULT OF PAYMENT BY MORTGAGOR.

7D.

DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAG-OR, A DECREE FOR FORECLOSURE IS PASSED.

7E.

FINAL DECREE FOR SALE IN A REDEMPTION SUIT ON DEFAULT OF PAYMENT BY MORTGAGOR.

7E.

DEFENCE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTCIAGOR A DECREE FOR SALE IS PASSED.

7F.

FINAI, DECREE IN A SUIT FOR FORECLOSURE, SALE OR REDEMPTION WHERE THE MORTGAGOR PAYS THE AMOUNT OF THE DECREE.

8.

DECREE AGAINST MORTGAGOR PERSONALLY FOR BALANCE AFTER THE SALE OF THE ORTGAGED PROPERTY.

9.

PRELIMINARY DECREE FOR FORECLOSURE OF SALE.

9.

Decree for foreclosure of salE.

10.

PRELIMINARY DECREE FOR REDEMPTION OF PRIOR MORTGAGE AND FORECLOSURE OR SALE ON SUBSEQUENT MORTGAGE.

10.

Decree for redemption of prior mortgage and foreclosure or sale on subsequent mortgagE.

11.

PRELIMTNARY DECREE FOR SALE.

11.

Decree for SalE.

12.

DECREE FOR RECTIFICATION OF INSTRUMENT.

13.

DECREE TO SET ASIDE A TRANSFER IN FRAUD OF CREDITORS.

14.

INJUNCTION AGAINST PRIVATE NUISANCE.

15.

INJUNCTION AGAINST BUILDING HIGHER THAN OLD LEVEL.

16.

INJUNCTION RESTRAINING USE OF PRIVATE ROAD.

17.

PRELIMINARY DECREE IN AN ADMINISTRATION-SUIT.

18.

FINAL DECREE IN AN ADMINISTRATION-SUIT BY A LEGATEE.

19.

PRELIMINARY DECREE IN AN ADMINISTRATION-SUIT BY A LEGATEE, WHERE AN EXECUTOR IS HELD PERSONALLY LIABLE FOR THE PAYMENT OF LEGACIES.

20.

FINAL DECREE IN AN ADMINISTRATION-SUIT BY NEXT-OF-KIN.

21.

PRELIMINARY DECREE IN A SUIT FOR DISSOLUTION OF PARTNERSHIP AND THE TAKING OF PARTNERSHIP ACCOUNTS

22.

FINAL DECREE IN A SUIT FOR DISSOLUTION OF PARTNERSHIP AND THE TAKING OF PARTNERSHIP ACCOUNTS

23.

DECREE FOR RECOVERY OF LAND AND MESNE PROFIT

24.

DECREE SANCTIONING A COMPROMISE OF A SUIT ON BEHALF OF A MINOR OR A LUNATIC

APPENDIX E

1.

NOTICE TO SHOW CAUSE WHY A PAYMENT OR ADJUSTMENT SHOULD NOT BE RECORDED AS CERTIFIED (O. 21, r. 2.).

2.

PRECEPT (SECTION 46).

3.

ORDER SENDING DECREE FOR EXECUTION TO ANOTHER COURT (O. 21, r. 6.).

4.

CERTIFICATE OF NON-SATISFACTION OF DECREE (O. 21, r. 6.).

5.

CERTIFICATE OF EXECUTION OF DECREE TRANSFERRED TO ANOTHER COURT (O. 21, r. 6.).

6.

APPLICATION FOR EXECUTION OF DECREE (O. 21, r. 11.).

7.

NOTICE TO SHOW CAUSE WHY EXECUTION SHOULD NOT ISSUE 1[(O. 21, r. 16.)].

8.

WARRANT OF ATTACHMENT OF MOVABLE PROPERTY IN EXECUTION OF A DECREE FOR MONEY (O. 21, r. 30).

9.

WARRANT FOR SEIZURE OF SPECIFIC MOVABLE PROPERTY ADJUDGED BY DECREE (O.21, r. 31).

10.

NOTICE TO STATE OBJECTIONS TO DRAFT OF DOCUMENT(O. 21, r. 34).

11.

WARRANT TO THE BELIEF TO GIVE POSSESSION OF LAND, ETC. (O. 21, r. 35).

12.

NOTICE TO SHOW CAUSE WHY WARRANT OF ARREST SHOULD NOT ISSUE (O. 21, r. 37).

13.

WARRANT OF ARREST IN EXECUTION (O. 21, r. 38).

14.

WARRANT OF COMMITTAL OF JUDGMENT-DEBTOR TO JAIL (O. 21, r. 40).

14A.

ORDER OF ENTRUSTMENT OF JUDGMENT-DEBTOR TO THE CUSTODY OF AN OFFICER OF COURT.

ORDER XXI, RULE 40, SUB RULE (2) AND THE PROVISO TO SUB-RULE (3)].

15.

(ORDER FOR THE RELEASE OF A PERSON IMPRISONED IN EXECUTION OF A DECREE (Sections. 58, 59).

16.

ATTACHMENT IN EXECUTION PROHIBITORY ORDER, WHERE THE PROPERTY TO BE ATTACHED CONSISTS OF MOVABLE PROPERTY TO WHICH THE DEFENDANT IS ENTITLED SUBJECT TO A LIEN OR RIGHT OF SOME OTHER PERSON TO THE IMMEDIATE POSSESSION THEREOF (O. 21, r. 46.)

1[16A.

AFFIDAVIT OF ASSETS TO BE MADE BY A JUDGEMENT-DEBTOR Order XXI, Rule 41(2)].

17.

ATTACHMENT IN EXECUTIONPROHIBITION ORDER, WHERE THE PROPERTY CONSISTS OF DEBTS NOT SECURED BY NEGOTIABLE INSTRUMENTS (O. 21, r. 46).

18.

ATTACHMENT IN EXECUTIONPROHIBITION ORDER, WHERE THE PROPERTY CONSISTS OF SHARES IN THE CAPITAL OF A CORPORATION.

19.

ORDER TO ATTACH SALARY OF PUBLIC OFFICER OR SERVANT OF RAILWAY COMPANY OR LOCAL AUTHORITY (O. 21, r. 48).

20.

ORDER OF ATTACHMENT OF NEGOTIABLE INSTRUMENT (O. 21, r. 51).

21.

ATTACHMENTPROHIBITION ORDER, WHERE THE PROPERTY CONSISTS OF MONEY OR OF ANY SECURITY IN THE CUSTODY OF A COURT OF JUSTICE OF 1[PUBLIC OFFICER] (O.21, r. 52).

22.

NOTICE OF ATTACHMENT OF A DECREE TO THE COURT WHICH PASSED IT (O. 21, r. 53).

23.

NOTICE OF ATTACHMENT OF A DECREE TO THE HOLDER OF THE DECREE (O. 21, R. 53) (TITLE).

24.

ATTACHMENT IN EXECUTION PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF IMMOVABLE PROPERTY (O. 21, r. 54).

25.

ORDER FOR PAYMENT TO THE PLAINTIFF, ETC., OF MONEY, ETC., IN THE HANDS OF A THIRD PARTY (O. 21, r. 56).

26.

NOTICE TO ATTACHING CREDITOR (O. 21, r. 58).

27.

WARRANT OF SALE OF PROPERTY IN EXECUTION OF A DECREE FOR MONEY (O.21, r. 66).

28.

NOTICE OF THE DAY FIXED FOR SETTING A SALE PROCLAMATION (O. 21, r. 66).

29.

PROCLAMATION OF SALE (O.21, r. 66).

30.

ORDER ON THE NAZIR FOR CAUSING SERVICE OF PROCLAMATION OF SALE (O. 21, r. 66)

31.

CERTIFICATE BY OFFICER HOLDING A SALE OF THE DEFICIENCY OF PRICE ON A RE-SALE OF PROPERTY BY REASON OF THE PURCHASER’S DEFAULT (O.21, r.71).

32.

NOTICE TO PERSON IN POSSESSION OF MOVABLE PROPERTY SOLD IN EXECUTION (O. 21, r. 79)

33.

PROHIBITORY ORDER AGAINST PAYMENT OF DEBTS SOLD IN EXECUTION TO ANY OTHER THAN THE PURCHASER (O. 21, r.79)

34.

PROHIBITORY ORDER AGAINST THE TRANSFER OF SHARE SOLD IN EXECUTION (O. 21, r. 79).

35.

CERTIFICATE TO JUDGEMENT-DEBTOR AUTHORISING HIM TO MORTGAGE LEASE OR SELL PROPERTY (O. 21, r.83).

36.

NOTICE TO SHOW CAUSE WHY SALE SHOULD NOT BE SET ASIDE (O.21, Rr. 90, 92).

37.

NOTICE TO SHOW CAUSE WHY SALE SHOULD NOT BE SET ASIDE (O.21, Rr. 91, 92).

38.

CERTIFICATE OF SALE OF LAND (O. 21, r. 94).

39.

ORDER FOR DELIVERY TO CERTIFIED PURCHASER OF LAND AT A SALE IN EXECUTION (O. 21, r. 95).

40.

SUMMONS TO APPEAR AND ANSWER CHARGE OF OBSTRUCTING EXECUTION OF DECREE (O. 21, r. 97).

41.

WARRANT OF COMMITTAL (O.21, r. 98)

42.

AUTHORITY OF THE COLLECTOR TO STAY PUBLIC SALE OF LAND Section 72)

APPENDIX F

SUPPLEMENTAL PROCEEDINGS

1.

WARRANT OF ARREST BEFORE JUDGEMENT (O. 38, r. 1).

2.

SECURITY FOR APPEARANCE OF A DEFENDANT ARRESTED BEFORE JUDGMENT (0. 38, r. 2).

3.

SUMMONS TO DEFENDANT TO APPEAR ON SURETY'S APPLICATION FOR DISCHARGE (0. 38, r. 3).

4.

ORDER FOR COMMIITAL (0. 38, r. 4).

5.

ATTACHMENT 13EFORE JUDGMENT, WITH ORDER TO CALL FOR SECURITY FORFULFILMENT OF DECREE (0. 38, r. 5).

6.

SECURITY FOR THE PRODUCTION OF PROPERTY (0. 38, r. 5).

7.

ATTACHMENT BEFORE JUDGMENT, ON PROOF OF FAILURE TO FURNISH SECURITY (0. 38, r. 6).

7A.

ATTACHMENT OF IMMOVABLE PROPERTY BEFORE JUDGMENT.

SCHEDULE

8.

TEMPORARY INJUNCTION (O. 39,r.1

9.

APPOINTMENT OF A RECEIVER (0. 40, r. 1)

9.

APPOINTMENT OF A RECEIVER (ORDER XL, RULE 1)

10.

BOND TO BE GIVEN BY RECEIVER (0. 40, r. 3).

11.

BOND TO BE GIVEN BY RECEIVER (ORDER XI, RULE 3). WHERE IMMOVABLE PROPERTY IS OFFERED AS SECURITY.

12.

THE SECURITY TO BE FURNISHED UNDER ORDER 39, R. 2 (2) SHALL BE, AS FAR AS MAY BE, BY A BOND IN THE FOLLOWING FORM.

APPENDIX G

APPEAL, REFERENCE AND REVIEW

1.

MEMORANDUM OF APPEAL (O. 41, r. 1).

2.

SECURITY BOND TO BE GIVEN ON ORDER BEING MADE TO STAY EXECUTION OF DECREE (O. 41, r. 5).

3.

SECURITY BOND TO BE GIVEN DURING THE PENDENCY OF APPEAL (O. 41, r. 6).

4.

SECURITY FOR COSTS OF APPEAL (O. 41, r. 10).

5.

INTIMATION TO LOWER COURT OF ADMISSION OF APPEAL (O. 41, r. 13).

6.

NOTICE TO RESPONDENT OF THE DAY FIXED FOR THE HEARING OF THE APPEAL (O. 41, r. 14).

7.

NOTICE TO A PARTY TO A SUIT NOT MADE A PARTY TO THE APPEAL BUT JOINED BY THE COURT AS A RESPONDENT (O. 41, r. 20).)

8.

MEMORANDUM OF CROSS OBJECTION (O. 41, r. 22).

9.

DECREE IN APPEAL (O. 41, r. 35).

10.

APPLICATION To APPEAL IN forma pauperis (O. 44, r.1).

11.

NOTICE OF APPEAL IN forma pauperis (O. 44, r. 1).

12.

NOTICE TO SHOW CAUSE WHY A CERTIFICATE OF APPEAL TO THE SUPREME COURT SHOULD NOT BE GRANTED (O. 45, r. 3.).

13.

NOTICE TO RESPONDENT OF ADMISSION OF APPEAL TO THE SUPREME COURT (O. 45, r. 8.).

14.

NOTICE TO SHOW CAUSE WHY A REVIEW SHOULD NOT GRANTED (O. 47, r. 4.).

APPENDIX H

MISCELLANEOUS

1.

AGREEMENT OF PARTIES AS TO ISSUES TO BE TRIED.

2.

NOTICE OF APPLICATION FOR THE TRANSFER OF A SUIT TO ANOTHER COURT FOR TRIAL.

2A.

LIST OF WITNESSES PROPOSED TO BE CALLED BY PLAINTIFF/DEFENDANT.

3.

NOTICE OF PAYMENT INTO COURT (OR. 24, R. 2).

4.

NOTICE TO SHOW CAUSE (GENERAL FORM).

4.

NOTICE TO SHOW CAUSE (GENERAL FORM).

5.

LIST OF DOCUMENTS PRODUCED BY LAINTIFF/DEFENDANT.

5.

LIST OF DOCUMENTS PRODUCED BY PLAINTIFF/ DEFENDANT (0. 13, R. 1).

6.

NOTICE TO PARTIES OF THE DAY FIXED FOR EXAMINATION OF A WITNESS ABOUT TO LEAVE THE JURISDICTION.

7.

COMMISSION TO EXAMINE ABSENT WITNESS (O. 26, RR. 4,18.).

8.

LETTER OF REQUEST (O. 26, R. 5.).

9.

COMMISSION FOR A LOCAL INVESTIGATION, OR TO EXAMINE ACCOUNTS (O.26, R. 9, 11.).

10.

COMMISSION TO MAKE A PARTITION.

11.

NOTICE TO CERTIFICATED, NATURAL, OR, DE FACTO GUARDIAN.

11.

NOTICE TO THE MINOR DEFENDANT AND GUARDIAN.

11.

NOTICE TO MINOR DEFENDANT AND GUARDIAN (ORDER XY-XII, RULE 3).

11A.

NOTICE TO PROPOSED GUARDIAN OF DEFENDANT A MINOR RESPONDENT.

11.

NOTICE TO MINOR DEFENDANT AND GUARDIAN OF APPLICATION FOR APPOINTMENT OF THE GUARDIAN TO BE GUARDIAN FOR THE SUIT.

11A.

NOTICE TO THE MINOR DEFENDANT AND GUARDIAN OF APPLICATION FOR APPOINTMENT OF ANOTHER PERSON TO BE GUARDIAN FOR THE SUIT.

11B.

NOTICE TO THE PROPOSED GUARDIAN FOR THE MINOR DEFENDANT WHEN THE PERSON PROPOSED IS NOT THE GUARDIAN APPOINTED BY AUTHORITY OR THE NATURAL GUARDIAN OR THE PERSON IN WHOSE CARE THE MINOR IS

11A.

NOTICE TO MINOR DEFENDANT.

12.

NOTICE TO OPPOSITE PARTY OF DAY FIXED FOR HEARING EVIDENCE OF PAUPERISM (O.33, R. 6.).

12A.

COMMON FORM OF NOTICE IN INTERLOCUTORY APPLICATION UNDER ORDER XXXVIII, OF THE CODE OF CIVIL PROCEDURE, 1908.

13.

COMMON FORM OF NOTICE IN INTERLOCUTORY APPLICATION UNDER ORDER XXXVIII, OF THE CODE OF CIVIL PROCEDURE, 1908.

14.

REGISTER OF CIVIL SUITS (O. 4, R. 2.) COURT OF THE ………….OF………… AT ………..REGISTER OF CIVIL SUITS IN THE YEAR 19 …………

14.

REGISTER OF CIVIL SUITS (O. 4, R. 2.)COURT OF THE…………OF …………… AT ……………..REGISTER OF CIVIL SUITS IN THE YEAR 19……….

15.

REGISTER OF APPEALS (O. 41, R. 9)COURT (OR HIGH COURT) AT...................REGISTER OF APPEALS FROM DECREES IN THE YEAR 19.....

FORM 15.

FORM 16.

17.

ADDRESS FOR SERVICE.

18.

NOTICE OF CHANGE OF ADDRESS FOR SERVICE.

19.

VAKALATNAMA.

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