THE CODE OF CIVIL PROCEDURE, 1908 
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ARRANGEMENT OF SECTIONS 
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PRELIMINARY 

SECTIONS 

1.  Short title, commencement and extent. 

2. Definitions. 

3. Subordination of Courts. 

4. Savings. 

5. Application of the Code to Revenue Courts. 

6. Pecuniary jurisdiction.  

7. Provincial Small Cause Courts. 

8. Presidency Small Cause Courts. 

PART I 

SUITS IN GENERAL 
JURISDICTION OF THE COURTS AND Res judicata 

9. Courts to try all civil suits unless barred. 

10. Stay of suit. 

11. Res judicata. 

12. Bar to further suit. 

13. When foreign judgment not conclusive. 

14. Presumption as to foreign judgments. 

15. Court in which suits to be instituted. 

16. Suits to be instituted where subject-matter situate. 

PLACE OF SUING 

17. Suits for immovable property situate within jurisdiction of different Courts. 

18. Place of Institution of suit where local limits of jurisdiction of Courts are uncertain. 

19. Suits for compensation for wrongs to person or movables. 

20. Other suits to be instituted where defendants reside or cause of action arises. 

21. Objections to jurisdiction. 

21A. Bar on suit to set aside decree on objection as to place of suing. 

22. Power to transfer suits which may be instituted in more than one Court. 

23. To what Court application lies. 

24. General power of transfer and withdrawal. 

25. Power of Supreme Court to transfer suits, etc.  

26.  Institution of suits. 

INSTITUTION OF SUITS 

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SUMMONS AND DISCOVERY 

SECTIONS 

27. Summons to defendants. 

28. Service of summons where defendant resides in another State. 

29. Service of foreign summonses. 

30. Power to order discovery and the like. 

31. Summons to witness. 

32. Penalty for default. 

33. Judgment and decree. 

34. Interest. 

35. Costs. 

JUDGMENT AND DECREE 

INTEREST 

COSTS 

35A. Compensatory costs in respect of false or vexatious claims or defences. 

35B. Costs for causing delay. 

PART II  
EXECUTION 

GENERAL 

36.  Application to orders. 

37.  Definition of Court which passed a decree. 

COURTS   BY   WHICH   DECREES   MAY   BE   EXECUTED 

38. Court by which decree may be executed. 

39. Transfer of decree. 

40.  Transfer of decree to Court in another State. 

41.  Result of execution proceedings to be certified. 

42.  Powers of Court in executing transferred decree. 

43.  Execution of decrees passed by Civil Courts in places to which this Code does not extend. 

44.  Execution of decrees passed by Revenue Courts in places to which this Code does not extend. 

44A. Execution of decrees passed by Courts in reciprocating territory. 

45.  Execution of decrees outside India. 

46.  Precepts. 

QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE 

47.  Questions to be determined by the Court executing decree. 

LIMIT OF TIME FOR EXECUTION 

48. [Repealed.]. 

49. Transferee. 

TRANSFEREES AND LEGAL REPRESENTATIVES 

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SECTIONS 

50.  Legal representative. 

PROCEDURE IN EXECUTION 

51. Powers of Court to enforce execution. 

52. Enforcement of decree against legal representative. 

53. Liability of ancestral property.  

54. Partition of estate or separation of share. 

ARREST AND DETENTION 

55. Arrest and detention. 

56. Prohibition of arrest or detention of women in execution of decree for money. 

57. Subsistence-allowance. 

58. Detention and release. 

59. Release on ground of illness. 

ATTACHMENT 

60. Property liable to attachment and sale in execution of decree. 

61. Partial exemption of agricultural produce. 

62. Seizure of property in dwelling house. 

63. Property attached in execution of decrees of several Courts. 

64. Private alienation of property after attachment to be void.  

65. Purchaser’s title. 

66. [Repealed.]. 

SALE 

67. Power for State Government to make rules as to sales of land in execution of decrees for payment 

DELEGATION TO COLLECTOR OF POWER TO EXECUTE DECREES 

AGAINST IMMOVABLE PROPERTY 

of money. 

68. [Repealed.]. 

69. [Repealed.]. 

70. [Repealed.]. 

71. [Repealed.]. 

72. [Repealed.]. 

DISTRIBUTION OF ASSETS 

73. Proceeds of execution-sale to be rateably distributed among decree-holders.  

RESISTANCE TO EXECUTION 

74. Resistance to execution. 

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PART III 

INCIDENTAL PROCEEDINGS 

COMMISSIONS 

SECTIONS 

75. Power of Court to issue commissions. 

76. Commission to another Court. 

77. Letter of request. 

78. Commissions issued by foreign Courts. 

PART IV 

SUITS IN PARTICULAR CASES 

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

79. Suits by or against Government. 

80. Notice. 

81. Exemption from arrest and personal appearance. 

82. Execution of decree. 

SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS,  

AMBASSADORS AND ENVOYS 

83. When aliens may sue. 

84. When foreign States may sue. 

85. Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers. 

86. Suits against foreign Rulers, Ambassadors and Envoys. 

87. Style of foreign Rulers as parties to suits. 

87A. Definitions of “foreign State” and “Ruler” 

87B. Application of sections 85 and 86 to Rulers of former Indian States.  

SUITS AGAINST RULERS OF FORMER INDIAN STATES 

88. Where interpleader-suit may be instituted. 

INTERPLEADER 

PART V 

SPECIAL PROCEEDINGS  
ARBITRATION 

89. Settlement of disputes outside the Court. 

90. Power to state case for opinion of Court. 

SPECIAL CASE 

PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC 

91. Public nuisances and other wrongful acts affecting the public. 

92. Public charities. 

93. Exercise of powers of Advocate-General outside presidency-towns. 

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PART VI 

SUPPLEMENTAL PROCEEDINGS 

SECTIONS 

94. Supplemental proceedings. 

95.  Compensation for obtaining arrest, attachment or injunction on insufficient ground. 

PART VII 

APPEALS 

APPEALS FROM ORIGINAL DECREES 

96. Appeal from original decree. 

97. Appeal from final decree where no appeal from preliminary decree. 

98.  Decision where appeal heard by two or more Judges. 

99. No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction. 

99A. No order under section 47 to be reversed or modified unless decision of the case is prejudicially 

affected. 

APPEALS FROM APPELLATE DECREES 

100. Second appeal. 

100A. No further appeal in certain cases. 

101. Second appeal on no other grounds. 

102. No second appeal in certain cases. 

103. Power of High Court to determine issues of fact.  

APPEALS FROM ORDERS 

104. Orders from which appeal lies. 

105. Other orders. 

106. What Courts to hear appeals. 

GENERAL PROVISIONS RELATING TO APPEALS 

107. Powers of Appellate Court. 

108. Procedure in appeals from appellate decrees and orders.  

109. When appeals lie to the Supreme Court.  

APPEALS TO THE SUPREME COURT 

       110. [Omitted.]. 

111. [Omitted.]. 

111A. [Omitted.]. 

112. Savings. 

PART VIII 

REFERENCE, REVIEW AND REVISION 

113. Reference to High Court. 

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SECTIONS 

114. Review. 

115. Revision. 

PART IX 

SPECIAL PROVISIONS RELATING TO THE HIGH COURTS NOT BEING  

THE COURT OF A JUDICIAL COMMISSIONER 

116. Part to apply only to certain High Courts. 

117. Application of Code to High Courts. 

118. Execution of decree before ascertainment of costs. 

119. Unauthorised persons not to address Court. 

120. Provisions not applicable to High Court in original civil jurisdiction. 

PART X 

RULES 

121. Effect of rules in First Schedule. 

122. Power of certain High Courts to make rules. 

123. Constitution of Rules Committees in certain States. 

124. Committee to report to High Court. 

125. Power of other High Courts to make rules. 

126. Rules to be subject to approval. 

127. Publication of rules. 

128. Matters for which rules may provide. 

129. Power of High Courts to make rules as to their original civil procedure. 

130. Power of other High Courts to make rules as to matters other than procedure. 

131. Publication of rules. 

PART XI 

MISCELLANEOUS 

132. Exemption of certain women from personal appearance. 

133. Exemption of other persons. 

134. Arrest other than in execution of decree. 

135. Exemption from arrest under civil process. 

135A. Exemption of members of legislative bodies from arrest and detention under civil process. 

136. Procedure where person to be arrested or property to be attached is outside district. 

137. Language of subordinate Courts. 

138. Power of High Court to require evidence to be recorded in English. 

139. Oath on affidavit by whom to be administered. 

140. Assessors in causes of salvage, etc. 

141. Miscellaneous proceedings. 

142. Orders and notices to be in writing. 

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SECTIONS 

143. Postage. 

144. Application for restitution. 

145. Enforcement of liability of surety. 

146. Proceedings by or against representatives. 

147. Consent or agreement by persons under disability. 

148. Enlargement of time.  

148A. Right to lodge a caveat. 

149. Power to make up deficiency of court-fees. 

150. Transfer of business. 

151. Saving of inherent powers of Court. 

152. Amendment of judgments, decrees or orders. 

153. General power to amend. 

153A. Power to amend decree or order where appeal is summarily dismissed. 

153B. Place of trial to be deemed to be open Court. 

154. [Repealed.]. 

155. [Repealed.]. 

156. [Repealed.]. 

157. Continuance of orders under repealed enactments. 

158. Reference to Code of Civil Procedure and other repealed enactments. 

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THE FIRST SCHEDULE 
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ORDER I 
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Parties to Suits 

RULES 

1. Who may be joined as plaintiffs. 
2. Power of Court to order separate trial. 
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 

Recognized Agents and Pleaders 

1.  Appearances, etc., may be in person, by recognised agent or by pleader. 
2.  Recognised agents. 
3.  Service of process on recognised agent. 
4.  Appointment of pleader. 
5.  Service of process on pleader. 
6.  Agent to accept service. 
  Appointment to be in writing and to be filed in Court. 

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ORDER IV 

Institution of suits 

RULES 

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 of plaint 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 of summons by Court.  

      9A. Summons given to the plaintiff for service. 

   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 carries 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. [Omitted.].  

20. Substituted service. 

Effect of substituted service. 
Where service substituted, time for appearance to be fixed. 

20A. [Repealed.]. 
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. 

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RULES 

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 to 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.  [Omitted.]. 

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. 

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RULES  

8.  Relief founded on separate grounds. 
9.  Procedure on admitting plaint. 
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 or relies. 
15. [Omitted.]. 
16. Suits on lost negotiable instruments. 
17. Production of shop-book. 
      Original entry to be marked and returned. 
18. [Omitted.]. 

_______ 
ORDER VIII 
Written statement, set-off and counter-claim 

1. Written statement. 

     1A. Duty of defendant to produce documents upon which relief is claimed or relied upon by him. 

2. New facts must be specially pleaded. 
3. Denial to be specific. 
4. Evasive denial. 
5. Specific denial. 
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. [Omitted.]. 
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. 

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RULES 

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 seven days 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.  

  13.    Setting aside decree ex parte against defendant. 
  14.    No decree to be set aside without notice to opposite party. 

Setting aside Decree ex parte 

______ 
ORDER X 
Examination of Parties by the Court 

1.    Ascertainment whether allegations in pleadings are admitted or denied. 

1A. Direction of the court to opt for any one mode of alternative dispute resolution. 

1B.  Appearance before the conciliatory forum or authority. 

1C.  Appearance before the court consequent to the failure of efforts of conciliation. 

 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. 

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RULES 

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 service of notice to admit documents.  

3.  Form of notice. 

3A. Power of Court to record admission. 
4.  Notice to admit acts. 

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.  Original documents to be produced at or before the settlement of issues. 
2.  [Omitted.]. 

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 an 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 sent 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. 

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RULES 

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 produce evidence. 

_______ 
ORDER XVI 
Summoning and Attendance of Witnesses 

1.  List of witnesses and summons to witnesses. 

1A. Production of witnesses without summons. 

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

Experts. 

Scale of expenses. 

Expenses to be directly paid to witnesses. 

3.  Tender of expenses to witness. 

4.  Procedure where insufficient sum paid in. 

Expenses of witnesses detained more than one day. 

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 the 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.  No 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. 

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_______ 
ORDER XVI-A 
Attendance of Witnesses Confined or Detained in Prisons 

RULES 

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  
Adjournment 

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. 
3.  Evidence where several issues. 
3A. Party to appear before other witnesses. 
4.  Recording of evidence. 
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. [Omitted.]. 
18. Power of Court to inspect. 
19. Power to get statements recorded on commission. 

______ 
ORDER XIX  
Affidavits 

1.  Power to order any point to be proved by affidavit. 

15 

RULES 

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.  Preparation of Decree. 
6B. Copies of judgments 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. 

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RULES 

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-holders. 

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 and cross-claims 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. 

26. When Court may stay execution. 

Stay of execution 

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

27. Liability of judgment-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-debtors. 

30. Decree for payment of money. 
31. Decree for specific movable property. 

Mode of execution 

17 

 
 
 
RULES 

32. Decree for specific performance for restitution of conjugal rights, or for an injunction. 
33. Discretion of Court in executing 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. 
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. 

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

Adjudication of claims and objections 

18 

 
 
 
RULES 

59.  Stay of sale. 
60. [Omitted.]. 
61. [Omitted.]. 
62. [Omitted.].  
63. [Omitted.]. 

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 or stoppage of sale. 
70.  [Omitted.]. 
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 purchaser-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. 

19 

RULES 

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.   Orders 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. 

______ 
ORDER XXII 
Death, Marriage and Insolvency 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 plaintiffs 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. 

20 

 
 
 
 
_________ 

ORDER XXV 
Security for Costs 

RULES 

1.  When security for costs may be required from plaintiff. 
2.  Effect of failure to furnish security. 

_________ 

ORDER XXVI  
Commissions 
Commissions to examine witnesses 

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. 
4A. Commission for examination of any person resident within the local limits of the 
        jurisdiction of the Court. 
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. 

21 

 
 
RULES 

Commissions issued of 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. 

Suits by or against the Government or Public Officers in their Official Capacity 

_______ 

ORDER XXVII 

1.  Suits by or against Government. 
2.  Persons authorised 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 XXVII-A 

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 authorise any person to sue 

  or defend for them. 

2. Person so authorised may act personally or appoint pleader. 
3. Service on person so authorised, or on his pleader, to be good service. 

_______ 

22 

 
 
 
 
 
RULES 

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 partners’ names. 
3.  Service.  
4.  Rights 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 interest. 

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. 

23 

RULES 

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 enquire into facts. 
6.  “Family”—Meaning of. 

_______ 

ORDER XXXIII 

  Suits by Indigent Persons 

1.  Suits may be instituted by indigent persons. 

1A. 

Inquiry into the means of an indigent person. 

2.  Contents of application. 
3.  Presentation of application. 
4.   Examination of applicant. 

If presented by agent, Court may order applicant to be examined by commission. 

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 person’s 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 an 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. 
2. 
3. 
4. 

Parties to suits for foreclosure, sale and redemption. 
Preliminary decree in foreclosure-suit. 
Final decree in foreclosure-suit. 
Preliminary decree in suit for sale.  
Power to decree sale in foreclosure-suit. 
Final decree in suit for sale. 

5. 
6.  Recovery of balance due on mortgage in suit for sale. 

24 

 
 
 
 
RULES 

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. 

25 

RULES 

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. 

26 

 
RULES 

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 of decree. 

Procedure on admission of appeal 

9.  Registry of memorandum of appeal.  

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.  [Omitted.]. 

14.  Publication and service of notice of day for hearing appeal.  

 Appellate Court may itself cause notice to be served. 

15.  [Omitted.]. 

16.  Right to begin. 

Procedure on hearing 

17.  Dismissal of appeal for appellant's default.  

Hearing appeal ex parte. 

18.  [Omitted.]. 

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.  

     Form of objection and provisions applicable thereto. 

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 findings. 

      Determination of appeal. 

27 

RULES 

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 XLL. 

_______ 

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.  [Repealed.]. 
5.  [Repealed.]. 
6.  Effect of refusal of certificate. 
7.  Security and deposit required on grant of certificate. 
8.  Admission of appeal and procedure thereon. 

28 

 
RULES 

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 proceeding 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.  
Application where granted. 

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-hearings. 
9.  Bar of certain applications. 

_______ 
ORDER XLVIII 
Miscellaneous 

1.  Process to be served at expense of party issuing.  
  Costs of service. 
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. 

29 

RULES 

2.  Saving 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. 

APPENDIX —  A. PLEADINGS.  

APPENDIX —  B. PROCESS. 

APPENDIX— C. DISCOVERY, INSPECTION AND ADMISSION. 

APPENDIX — F. DECREES. 

APPENDIX — G. EXECUTION. 

APPENDIX — H. SUPPLEMENTAL PROCEEDINGS. 

APPENDIX—   I. MISCELLANEOUS.  

THE SECOND SCHEDULE. — [Repealed].  
THE THIRD SCHEDULE. —[Repealed].  
THE FOURTH SCHEDULE. — [Repealed].  
THE FIFTH SCHEDULE. — [Repealed].  
ANNEXURE I 

30 

 
 
 
 
 
 
 
 
 
 
 
THE CODE OF CIVIL PROCEDURE, 1908 

ACT NO. 5 OF 19081 

[21st March, 1908.] 

An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil 

Judicature. 

WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts 

of Civil Judicature: It is hereby enacted as follows :  

PRELIMINARY 

1. Short title, commencement and extent.—(1) This Act may be cited as the Code of Civil 

Procedure, 1908. 

(2) It shall come into force on the first day of January, 1909. 

1.  This  Act  has  been  amended  in  its  application  to  Assam  by  Assam  Acts  2  of  1941  and  3  of  1953;  to  Tamil  Nadu  by 
Madras Act 34 of 1950, Madras A.O. 1950, and Tamil Nadu Act 15 of 1970; to Punjab by Punjab Act 7 of 1934; to Uttar 
Pradesh by U.P. Acts 4 of 1925, 35 of 1948, 24 of 1954, 17 of 1970, 57 of 1976 and 31 of 1978; to Karnataka by Mysore 
Act  14  of  1955;  to  Kerala  by  Kerala  Act  13  of  1957;  to  Rajasthan  by  Rajasthan  Act  19  of  1958;  to  Maharashtra  by 
Maharashtra Act 22 of 1960 and 25 of 1970; It has been extended to Berar by the Berar Laws Act, 1941 (4 of 1941) and, by 
notification  under  ss.  5  and  5A  of  the  Schedule  Districts  Act,  1874  (14  of  1874),  also  to  the  following  Scheduled                 
Districts:—  

(1)  The  district  of  Jalpaiguri,  Cachar  (excluding  the  North  Cachar  Hills,  Goalpara  (including  the  Eastern  Duars), 
Kamrup,  Darrang,  Nowgong  (excluding  the  Mikir  Hill  Tracts)  Sibsagar  (excludi ng  the  Mikir  Hill  Tracts)  and 
Lakhimpur  (excluding  the  Dibrugarh  Frontier  Tracts):  Gazette  of  India,  1909,  Pt.  1.  p.  5  and  ibid,  1914,  Pt.  I,    
p. 1690. 

(2)  The  District  of  Darjeeling  and  the  District  of  Hazaribagh,  Ranchi,  Palamau  and  Manbhum  in  Chota  Nagpur: 

Calcutta Gazette, 1909, Pt. I, p. 25 and Gazette of India, 1909, Pt. I, p. 33. 

(3) The Province of Kumaon and Garhwal and the Tarai Parganas (with modifications): U.P. Gazette, 1909, Pt. I, p. 3 

and Gazette of India, 1909, Pt. I, p. 31. 

(4)  The  Pargana  of  Jaunsar-Bawar  in  Dehradun  and  the  Scheduled  portion  of  the  Mirzapur  District  :  U.P.  Gazette, 

1909, Pt. I, p. 4 and Gazette of India, 1909, Pt. I, p. 32. 

(5) Coorg: Gazette of India, 1909, Pt. I, p. 32. 
(6) Scheduled Districts in the Punjab: Gazette o f India, 1909, Pt. I, p. 33. 
(7) Sections 36 to 43 to all the Scheduled Districts in Madras, Gazette of India, 1909, Pt. I. , p. 152. 
(8)  Scheduled  Districts  in  the  C.P.,  except  so  much  as  is  already  in  force  and  so  much  as  authorizes  the 
attachment and sale of immovable property in execution of a decree, not being a decree directing the sale of such 
property: Gazette of India, 1909, Pt. I, p. 239. 

(9) Ajmer-Merwara except ss. 1 and 155 to 158: Gazette of India, 1909, Pt. II, p. 480.  
(10)  Pargana  Dhalbhum,  the  Municipality  of  Chaibassa  in  the  Kolhan  and  the  Porahat  Estate  in  the 

District of Singhbhum: Calcutta, Gazette of India, 1909, Pt. I, p. 453 and Gazette of India, 1909 , Pt. I, p. 443. 

Under s. 3(3)(a) of the Sonthal Parganas Settlement Regulation (3 of  1872), ss. 38 to 42 and 156 and rules 
4  to  9  in  Order  XXI  in  the  First  Schedule  have  been  declared  to  be  in  force  in  the  Sonthal  Parganas  and  the 
rest  of  the  Code  for  the  trial  of  suits  referred  to  in  s.  10  of  the  Sonthal  Parganas  Justice  Regulation,             
1893 (5 of 1893): see Calcutta, Gazette, 1909, Pt. I, p. 45. 

It  has  been  declared  to  be  in  force  in  Panth  Piploda  by  the  Panth  Piploda  Laws  Regulation ,                  

1929  (1  of  1929),  s.  2;  in  the  Khondmals  District  by  the  Khondmals  Laws  Regulatio n,  1936  (4  of  1936),  s.  3 
and Sch. and in the Angul District by the Angul Laws Regulation, 1936 (5 of 1936), s. 3 and Sch.  

It has been extended to the District of Koraput and Ganjam Agency by Orissa Regulation (5 of 1951) , s.2. 
It has been extended to the  State of Manipur (w.e.f. 1-1-1957) by Act 30 of 1950, s. 3 to the whole of the 
Union Territory of Lakshadweep (w.e.f. 1-10-1967) by Regulation 8 of 1965, s. 3 and Sch.: to Goa, Daman and 
Diu  (w.e.f.  15-6-1966)  by  Act  30  of  1965,  s.  3;  to  Dadra  and  Nagar  Ha veli  (w.e.f.  1-7-1965)  by  Reg.  6  of 
1963,  s.  2  and  Sch.  1  and  to  the  State  of  Sikkim  (w.e.f.  1 -9-1984),  vide  Notification  No.  S.O.  599  (E),        
dated 13-8-1984, Gazette of India, Extraordinary., Part. II, s. 3. 

31 

 
 
 
                                                      
 
 
 1[(3) It extends to the whole of India except—  

2* 

   * 

        * 

    * 

* 

(b) the State of Nagaland and the tribal areas: 

Provided that the State Government concerned may, by notification in the Official Gazette, extend the  
provisions of this Code or any of them to the whole or part of the State of Nagaland or such tribal areas, 
as the case may be, with such supplemental, incidental or consequential modifications as may be specified 
in the notification. 

Explanation.  —  In  this  clause,  “tribal  areas”  means  the  territories  which,  immediately  before  the    

21st day of January, 1972, were included in the tribal areas of Assam as referred to in paragraph 20 of the 
Sixth Schedule to the Constitution. 

(4)  In  relation  to  the  Amindivi  Islands,  and  the  East  Godavari,  West  Godavari  and  Visakhapatnam 
Agencies in  the  State  of  Andhra  Pradesh  and the  Union Territory  of  Lakshadweep,  the  application of this 
Code shall be without prejudice to the application of any rule or regulation for the time being in force in such 
Islands, Agencies or such Union Territory, as the case may be, relating to the application of this Code.] 

2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,—  

       (1) “Code” includes rules; 

(2)  “decree”  means  the  formal  expression  of  an  adjudication  which,  so  far  as  regards  the  Court 
expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in 
controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection 
of a plaint and the determination of any question within 3*** section 144, but shall not include—  

(a) any adjudication from which an appeal lies as an appeal from an order, or 

(b) any order of dismissal for default. 

Explanation.—A decree is preliminary when further proceedings have to be taken before the suit 
can  be  completely  disposed  of.  It  is  final  when  such  adjudication  completely  disposes  of  the  suit.       
It may be partly preliminary and partly final; 

(3)  “decree-holder”  means  any  person  in  whose  favour  a  decree  has  been  passed  or  an  order 

capable of execution has been made; 

(4)  “district”  means  the  local  limits  of  the  jurisdiction  of  a  principal  Civil  Court  of  original 
jurisdiction  (hereinafter  called  a  “District  Court”),  and  includes  the  local  limits  of  the  ordinary 
original civil jurisdiction of a High Court; 

4[(5) “foreign Court” means a Court situate outside India and not established or continued by the 

authority of the Central Government;] 

(6) “foreign judgment” means the judgment of a foreign Court; 

(7) “Government Pleader” includes any officer appointed by the State Government to perform all 
or  any  of  the  functions  expressly  imposed  by  this  Code  on  the  Government  Pleader  and  also  any 
pleader acting under the directions of the Government Pleader; 

5[(7A)  “High  Court”  in relation  to the  Andaman  and Nicobar  Islands,  means the  High  Court in 

Calcutta; 

(7B) “India”, except in sections 1, 29, 43, 44, 6[44A,] 78, 79, 82, 83 and 87A, means the territory 

of India excluding the State of Jammu and Kashmir;] 

(8) “Judge” means the presiding officer of a Civil Court; 

1. Subs. by Act 104 of 1976, s. 2, for su b-section (3) (w.e.f. 1-2-1977). 
2. Clause (a) omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). 
3. The words and figures “section 47 or” omitted by s. 3, ibid. (w.e.f. 1-2-1977). 
4. Subs. by Act 2 of 1951, s. 4, for clause 5 (w.e.f. 1-4-1951).   
5. Ins. by s. 4, ibid. (w.e.f. 1-4-1951).  
6. Ins. by Act 42 of 1953, s. 4 and the Third Schedule  (w.e.f. 23-12-1953). 

32 

 
 
 
 
 
 
                                                      
       (9) “judgment” means the statement given by the Judge of the grounds of a decree or order; 

(10)  “judgment-debtor”  means  any  person  against  whom  a  decree  has  been  passed  or  an  order 

capable of execution has been made; 

(11) “legal representative” means a person who in law represents the estate of a deceased person, 
and includes any person who intermeddles with the estate of the deceased and where a party sues or is 
sued in a representative character the person on whom the estate devolves on the death of the party so 
suing or sued; 

(12) “mesne profits” of property  means those profits which the person in wrongful possession of 
such  property  actually  received  or  might  with  ordinary  diligence  have  received  therefrom,  together 
with interest on such profits, but shall not include profits due to improvements made by the person in 
wrongful possession; 

(13) “movable property” includes growing crops; 

(14) “order” means the formal expression of any decision of a Civil Court which is not a decree; 

(15) “pleader” means any person entitled to appear and plead for another in Court, and includes an 

advocate, a vakil and an attorney of a High Court; 

(16) “prescribed” means prescribed by rules; 

(17) “public officer” means a person falling under any of the following descriptions, namely :—  

(a) every Judge; 
(b) every member of  1[an All-India Service]; 

(c) every commissioned or gazetted officer in the military 2[naval or air] forces of. 3[the Union] 

4*** while serving under the Government; 

(d) Every officer of a court of Justice whose duty it is, as such officer, to investigate or report on 
any  matter  of  law  or  fact,  or  to  make,  authenticate  or  keep  any  document,  or  to  take  charge  or 
dispose  of  any  property,  or  to  execute  any  judicial  process,  or  to  administer  any  oath,  or  to 
interpret, or to preserve order, in the Court, and every person especially authorised by a court of 
Justice to perform any of such duties; 

(e) every person who holds any office by virtue of which he is empowered to place or keep any 

person in confinement; 

(f) every officer of the Government whose duty it is, as such officer, to prevent offences, to give 
information  of  offences,  to  bring  offenders  to  justice,  or  to  protect  the  public  health,  safety  or 
convenience; 

(g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property 
on  behalf  of  the  Government,  or  to  make  any  survey,  assessment  or  contract  on  behalf  of  the 
Government,  or  to  execute  any  revenue  process,  or  to  investigate,  or  to  report  on,  any  matter 
affecting the pecuniary interests of the Government, or to make, authenticate or keep any document 
relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the 
protection of the pecuniary interests of the Government; and 

(h) every officer in the service or pay of the Government, or remunerated by fees or commission 

for the performance of any public duty; 

(18) “rules” means rules and forms contained in the First Schedule or made under section 122 or 

section 125; 

(19)  “share  in  a  corporation”  shall  be  deemed  to  include  stock,  debenture  stock,  debentures  or 

bonds; and 

(20) “signed”, save in the case of a judgment or decree, includes stamped. 

1. Subs. by Act 104 of 1976, s. 3, for “the Indian Civil Service” (w.e.f. 1-2-1977).  
2. Subs. by Act 35 of 1934, s. 2 and the Schedule, for “or naval”. 
3. Subs. by the A.O. 1950, for “his Majesty”. 
4. The words “including His Majesty’s Indian Marine Service” omitted by Act 35 of 1934, s. 2 and the Schedule. 

33 

                                                      
1* 

   * 

* 

* 

* 

3. Subordination of Courts.—For the purposes of this Code, the District Court is subordinate to the 
High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of Small 
Causes is subordinate to the High Court and District Court. 

4. Savings.—(1) In the absence of any specific provision to the contrary, nothing in this Code shall be 
deemed to limit or otherwise affect any special or local law now in force or any special jurisdiction or 
power  conferred,  or  any  special  form  of  procedure  prescribed,  by  or  under  any  other  law  for  the  time 
being in force. 

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  proposition  contained  in  sub-section  (1), 
nothing  in  this  Code  shall  be  deemed  to  limit  or  otherwise  affect  any  remedy  which  a  landholder  or 
landlord may have under any law for the time being in force for the recovery of rent of agricultural land 
from the produce of such land. 

5. Application of the Code to Revenue Courts.—(1) Where any Revenue Courts are governed by 
the provisions of this Code in those matters of procedure upon which any special enactment applicable to 
them is silent, the State Government  2*** may, by notification in the Official Gazette, declare that any 
portions of those provisions which are not expressly made applicable by this Code shall not apply to those 
Courts, or shall only apply to them with such modifications as the State Government 3*** may prescribe. 

(2) “Revenue Court” in sub-section (1) means a Court having jurisdiction under any local law to 
entertain  suits  or  other  proceedings  relating  to  the  rent,  revenue  or  profits  of  land  used  for 
agricultural purposes, but does not include a Civil Court having original jurisdiction under this Code 
to try such suits or proceedings as being suits or proceedings of a civil nature. 

6.  Pecuniary  jurisdiction.—Save  in  so  far  as  is  otherwise  expressly  provided,  nothing  herein 
contained shall operate to give any Court jurisdiction over suits the amount or value of the subject-matter 
of which exceeds the pecuniary limits (if any) of its ordinary jurisdiction. 

7.  Provincial  Small  Cause  Courts.—The  following  provisions  shall  not  extend  to  Courts 
constituted  under  the  Provincial  Small  Cause  Courts  Act,  1887(9  of  1887)  4[or  under  the  Berar  Small 
Cause Courts Law, 1905], or to Courts exercising the jurisdiction of a Court of Small Causes  5[under the 
said Act or Law], 6[or to Courts in 7[any part of India to which the said Act does not extend] exercising a 
corresponding jurisdiction that is to say,—  

(a) so much of the body of the Code as relates to—  

(i) suits excepted from the cognizance of a Court of Small Causes; 

(ii) the execution of decrees in such suits; 

(iii) the execution of decrees against immovable property; and 

(b) the following sections, that is to say,—  

section 9, 

sections 91 and 92, 
sections 94 and 95 8[so far as they authorize or relate to]— 

 (i) orders for the attachment of immovable property, 

(ii) injunctions, 

1. Clause (21) omitted by Act 2 of 1951, s. 4, Earlier Clause (21) ins. by the A.O. 1950.  
2. The words “with the previous sanction of the G.G. in C”, omitted by Act 38 of 1920, s. 2 and the First Schedule Pt. I. 
3. The words “with the sanction aforesaid” omitted by s. 2 and the First Schedule Pt. I, ibid. 
4. Ins. by Act 4 of 1941, s. 2 and the Third Schedule. 
5. Subs. by s. 2 and the Third Schedule., ibid., for “under that Act”.  
6. Ins. by Act 2 of 1951, s. 5. 
7. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”.  
8. Subs. by Act 1 of 1926, s. 3, for “so far as they relate to injunctions and interlocutory orders” . 

34 

 
 
 
 
 
 
 
 
                                                      
(iii) the appointment of a receiver of immovable property, or 

(iv) the interlocutory orders to in clause (e) of section 94], and sections 96 to 112 and 115. 

8. Presidency Small Cause Courts.—Save as provided in sections 24, 38 to 41, 75, clauses (a), (b) 
and (c), 76,  1[77, 157 and 158], and by the Presidency Small Cause Courts Act, 1882 (15 of 1882), the 
provisions  in  the  body  of  this  Code  shall  not  extend  to  any  suit  or  proceeding  in  any  Court  of  Small 
Causes established in the towns of Calcutta, Madras and Bombay: 

2[Provided that—  

(1) the High Courts of Judicature at Fort William, Madras and Bombay, as the case may be, may 
from  time  to  time,  by  notification  in  the  Official  Gazette,  direct3  that  any  such  provisions  not 
inconsistent with the express provisions of the Presidency Small Cause Courts Act, 1882 (15 of 1882), 
and with such modifications and adaptations as may be specified in the notification, shall extend to suits 
or proceedings or any class of suits or proceedings in such Court; 

(2) all  rules  heretofore  made  by  any  of  the  said  High  Courts  under section  9  of  the  Presidency 

Small Cause Courts Act, 1882 (15 of 1882) shall be deemed to have been validly made.] 

PART I 

SUITS IN GENERAL 

JURISDICTION OF THE COURTS AND Res Judicata 

9.  Courts  to  try  all  civil  suits  unless  barred.—The  Courts  shall  (subject  to  the  provisions  herein 
contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is 
either expressly or impliedly barred. 

4[Explanation I].—A suit in which the right to property or to an office is contested is a suit of a civil 
nature, notwithstanding that such right may depend entirely on the decision of questions as to religious 
rites or ceremonies. 

5[Explanation II].—For the purposes of this section, it is immaterial whether or not any fees are attached 

to the office referred to in Explanation I or whether or not such office is attached to a particular place.] 

Maharashtra.— 

STATE AMENDMENTS 

Section  9A  of  the  Code  of  Civil  Procedure,  1908,  in  its  application  to  the  State  of  Maharashtra 

(hereinafter referred to as “the principal Act”), shall be deleted. 

[Vide Maharashtra Act 61 of 2018, sec. 2.]   

Notwithstanding the deletion of section 9A of the principal Act,— 

(1)  where  consideration  of  a  preliminary  issue  framed  under  section  9A  is  pending  on  the  date  of 
commencement of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (hereinafter, in this 
section, referred to as “the Amendment Act”), the said issue shall be deemed to be an issue framed under 
Order  XIV  of the  principal  Act  and  shall  be  decided by  the  Court,  as it deems  fit,  along  with  all  other 
issues, at the time of final disposal of the suit itself : 

Provided that, the evidence, if any, led by any party or parties to the suit, on the preliminary issue so 
framed under section 9A, shall be considered by the Court along with evidence, if any, led on other issues 
in the suit, at the time of final disposal of the suit itself ; 

(2) in all the cases, where a preliminary issue framed under section 9A has been decided, holding that 
the  Court  has  jurisdiction  to  entertain  the  suit,  and  a  challenge  to  such  decision  is  pending  before  a 
revisional Court, on the date of commencement of the Amendment Act, such revisional proceedings shall 
stand abated : 

1. Subs. by Act 104 of 1976, s. 4, for “77 and 155 to 158” (w.e.f. 1-2-1977). 
2. Added by Act 1 of 1914, s. 2. 
3. For instance of such direction, see Calcutta Gazette, 1910, Pt. I, p. 814. 
4. Explanation renumbered as Explanation I thereof by Act 104 of 1976, s. 5 (w.e.f. 1-2-1977). 
5. Ins. by s. 5, ibid. (w.e.f. 1-2-1977).  

35 

                                                      
Provided that, where a decree in such suit is appealed from any error, defect or irregularity in the order 
upholding jurisdiction shall be treated as one of the ground of objection in the memorandum of appeal as 
if it had been included in such memorandum; 

(3) in all cases, where a preliminary issue framed under section 9A has been decided, holding that the 
Court  has  no  jurisdiction  to  entertain  the  suit,  and  a  challenge  to  such  decision  is  pending  before  an 
appellate  or  revisional  Court,  on  the  date  of  commencement  of  the  Amendment  Act,  such  appellate  or 
revisional proceedings shall continue as if the Amendment Act has not been enacted and section 9A has 
not been deleted : 

Provided that, in case the appellate or revisional Court, while partly allowing such appeal or revision, 

remands  the  matter  to  the  trial  Court  for  reconsideration  of  the  preliminary  issue  so  framed  under                
section 9A, upon receipt of these proceedings by the trial Court, all the provisions of the principal Act 
shall  apply ; 

(4) in all cases, where an order granting an ad-interim relief has been passed under sub-section (2) of 
section 9A prior to its deletion, such order shall be deemed to be an ad-interim order made under Order 
XXXIX of the principal Act and the Court shall, at the time of deciding the application in which such an 
order is made, either confirm or vacate or modify such order. 

[Vide Maharashtra Act 61 of 2018, sec. 3.]   

Maharashtra.— 

In section 3 of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018, for clause (1), the 
following clause shall be substituted and shall be deemed to have been substituted with effect from 27th 
June 2018, being the date of commencement of the said Act, namely:— 

“(1)  where  consideration  of  a  preliminary  issue  framed  under  section  9A  is  pending  on  the  date  of 
commencement of the Code of Civil Procedure (Maharashtra Amendment) Act, 2018 (hereinafter, in this 
section, referred to as “the Amendment Act”), the said issue shall be decided and disposed of by the Court 
under section 9A, as if the said section 9A has not been deleted;”. 

[Vide Maharashtra Act 72 of 2018, s. 2 (w.e.f. 27-6-2018.)]   

10. Stay of suit.—No Court shall proceed with the trial of any suit in which the matter in issue is also 
directly  and  substantially  in  issue  in  a  previously  instituted  suit  between  the  same  parties,  or  between 
parties under whom they or any of them claim litigating under the same title where such suit is pending in 
the  same  or  any  other  Court  in  1[India]  have  jurisdiction  to  grant  the  relief  claimed,  or  in  any  Court 
beyond the limits of 1[India] established or continued by 2[the Central Government 3***.] and having like 
jurisdiction, or before 4[the Supreme Court]. 

Explanation.—The pendency of a suit in a foreign Court does not preclude the Courts in 1[India] from 

trying a suit founded on the same cause of action. 

11. Res judicata.—No Court shall try any suit or issue in which the matter directly and substantially 
in issue has been directly and substantially in issue in a former suit between the same parties, or between 
parties under whom they or any of them claim, litigating under the same title, in a Court competent to try 
such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and 
finally decided by such Court. 

1. Subs. by Act 2 of 1951, s. 3, for “the States”. 
2. Subs. by the A.O. 1937, for “the G.G. in C.” 
3. The words “or the Crown Representative” omitted by the A.O. 1948. 
4. Subs. by the A.O. 1950, for “His Majesty in Council”. 

36 

                                                      
Explanation I.—The expression “former suit” shall denote a suit which has been decided prior to a suit 

in question whether or not it was instituted prior thereto. 

Explanation  II.—For  the  purposes  of  this  section,  the  competence  of  a  Court  shall  be  determined 

irrespective of any provisions as to a right of appeal from the decision of such Court. 

Explanation III.—The matter above referred to must in the former suit have been alleged by one party 

and either denied or admitted, expressly or impliedly, by the other. 

Explanation IV.—Any matter which might and ought to have been made ground of defence or attack 

in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit. 

Explanation V.—Any relief claimed in the plaint, which is not expressly granted by the decree, shall 

for the purposes of this section, be deemed to have been refused. 

Explanation  VI.—Where  persons  litigate  bona  fide  in  respect  of  a  public  right  or  of  a  private  right 
claimed in common for themselves and others, all persons interested in such right shall, for the purposes 
of this section, be deemed to claim under the persons so litigating . 

1[Explanation VII.—The provisions of this section shall apply to a proceeding for the execution of a decree 
and references in this section to any suit, issue or former suit shall be construed as references, respectively, to a 
proceeding for the execution of the decree, question arising in such proceeding and a former proceeding for the 
execution of that decree. 

Explanation VIII. —An issue heard and finally decided by a Court of limited jurisdiction, competent to 
decide such issue, shall operate as res judicata in a subsequent suit, notwithstanding that such Court of 
limited jurisdiction was not competent to try such subsequent suit or the suit in which such issue has been 
subsequently raised.] 

12.  Bar  to  further  suit.  —Where  a  plaintiff  is  precluded  by  rules  from  instituting  a  further  suit  in 
respect of any particular cause of action, he shall not be entitled to institute a suit in respect of such cause 
of action in any Court to which this Code applies. 

13.  When  foreign  judgment  not  conclusive.—A  foreign  judgment  shall  be  conclusive  as  to  any 
matter thereby directly adjudicated upon between the same parties or between parties under whom they or 
any of them claim litigating under the same title except—  

(a) where it has not been pronounced by a Court of competent jurisdiction; 

(b) where it has not been given on the merits of the case; 

(c)  where  it  appears  on  the  face  of  the  proceedings  to  be  founded  on  an  incorrect  view  of 

international law or a refusal to recognise the law of 2[India] in cases in which such law is applicable; 

(d) where the proceedings in which the judgment was obtained are opposed to natural justice; 

(e) where it has been obtained by fraud; 
(f) where it sustains a claim founded on a breach of any law in force in 2[India]. 

14.  Presumption  as  to  foreign  judgments.—The  Court  shall  presume  upon  the  production  of  any 
document purporting to be a certified copy of a foreign judgment, that such judgment was pronounced by 
a Court of competent jurisdiction, unless the contrary appears on the record; but such presumption may be 
displaced by proving want of jurisdiction. 

PLACE OF SUING 

15. Court in which suits to be instituted.—Every suit shall be instituted in the Court of the lowest 

grade competent to try it. 

16.  Suits  to  be  instituted  where  subject-matter  situate.—Subject  to  the  pecuniary  or  other 

limitations prescribed by any law, suits—  

(a) for the recovery of immovable property with or without rent or profits, 

(b) for the partition of immovable property, 

1. Ins. by Act 104 of 1976, s. 6 (w.e.f. 1-2-1977). 
2. Subs. by Act 2 of 1951, s. 3, for “the States” (w.e.f. 1-4-1951). 

37 

                                                      
(c)  for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable 

property, 

(d) or the determination of any other right to or interest in immovable property, 

(e) for compensation for wrong to immovable property, 

(f) for the recovery of movable property actually under distraint or attachment, 

shall be instituted in the Court within the local limits of whose jurisdiction the property is situate: 

Provided  that  a  suit  to  obtain  relief  respecting,  or  compensation  for  wrong  to,  immovable  property 
held by or on behalf of the defendant may, where the relief sought can be entirely obtained through his 
personal  obedience,  be  instituted  either  in  the  Court  within  the  local  limits  of  whose  jurisdiction  the 
property is situate, or in the Court within the local limits of whose jurisdiction the defendant actually and 
voluntarily resides, or carries on business, or personally works for gain. 

Explanation.—In this section “property” means property situate in 1[India]. 
17.  Suits for immovable property situate within jurisdiction of different Courts.—Where a suit is to 
obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of 
different  Courts,  the  suit  may  be  instituted  in  any  Court  within  the  local  limits  of  whose  jurisdiction  any 
portion of the property is situate : 

Provided that, in respect of the value of the subject-matter of the suit, the entire claim is cognizable 

by such Court. 

18.  Place  of  Institution  of  suit  where 

local 

limits  of  jurisdiction  of  Courts  are              

uncertain.— (1) Where it is alleged to be uncertain within the local limits of the jurisdiction of which of 
two  or  more  Courts,  any  immovable  property  is  situate,  any  one  of  those  Courts  may,  if  satisfied  that 
there  is  ground  for  the  alleged  uncertainty,  record  a  statement  to  that  effect  and  thereupon  proceed  to 
entertain and dispose of any suit relating to that property, and its decree in the suit shall have the same 
effect as if the property were situate within the local limits of its jurisdiction: 

Provided that the suit is one with respect to which the Court is competent as regards the nature and 

value of the suit to exercise jurisdiction. 

(2) Where a statement has not been recorded under sub-section (1), and an objection is taken before 
an Appellate or Revisional Court that a decree or order in a suit relating to such property was made by a 
Court  not  having  jurisdiction  where  the  property  is  situate, the  Appellate  or  Revisional  Court  shall  not 
allow the objection unless in its opinion there was, at the time of the institution of the suit, no reasonable 
ground  for  uncertainty  as  to  the  court  having  jurisdiction  with  respect  thereto  and  there  has  been  a 
consequent failure of justice. 

19. Suits for compensation for wrongs to person or movables.—Where a suit is for compensation for 
wrong  done  to  the  person  or  to  movable  property,  if  the  wrong  was  done  within  the  local  limits  of  the 
jurisdiction of one Court and the defendant resides, or carries on business, or personally works for gain, within 
the local limits of the jurisdiction of another Court, the suit may be instituted at the option of the plaintiff in 
either of the said Courts. 

Illustrations 

(a) A, residing in Delhi, beats B in Calcutta. B may sue A either in Calcutta or in Delhi. 

(b) A, residing in Delhi, publishes in Calcutta statements defamatory of B. B may sue A either in Calcutta or in 

Delhi. 

20. Other suits to be instituted where defendants reside or cause of action arises.—Subject to 
the  limitations  aforesaid,  every  suit  shall  be  instituted  in  a  Court  within  the  local  limits  of  whose 
jurisdiction— 

(a)  the  defendant,  or  each  of  the  defendants  where  there  are  more  than  one,  at  the  time  of  the 
commencement  of  the  suit,  actually  and  voluntarily  resides,  or  carries  on  business,  or  personally 
works for gain; or 

(b) any of the defendants, where there are more than one, at the time of the commencement of the 

suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided 

1. Subs. by Act 2 of 1951, s. 3, for “the States” (w.e.f. 1-4-1951). 

38 

 
                                                      
that in such case either the leave of the Court is given, or the defendants who do not reside, or carry 
on business, or personally works for gain, as aforesaid, acquiesce in such institution; or 

(c) The cause of action, wholly or in part, arises. 

1* 

* 

* 

* 

* 

2[Explanation].—A corporation shall be deemed to carry on business at its sole or principal office 
in  3[India] or, in respect of any cause of action arising at any place where it has also a subordinate 
office, at such place. 

Illustrations 

(a)  A is a tradesman in Calcutta, B carries on business in Delhi. B, by his agent in Calcutta, buys goods of A and 
requests  A to deliver them  to the East Indian Railway  Company.  A delivers the  goods accordingly in Calcutta.  A 
may sue B for the price of the goods either in Calcutta, where the cause of action has arisen, or in Delhi, where B 
carries on business. 

(b)  A resides at Simla, B at Calcutta and C at Delhi. A, B and C being together at Benaras, B and C make a joint 
promissory note payable on demand, and deliver it to A. A may sue B and C at Benaras, where the cause of action 
arose. He may also sue them at Calcutta, where B resides, or at Delhi, where C resides but in each of these cases, if 
the non-resident defendant objects, the suit cannot proceed without the leave of the Court. 

21. Objections to jurisdiction. —4[(1)] No objection as to the place of suing shall be allowed by any 
Appellate or Revisional Court unless such objection was taken in the Court of first instance at the earliest 
possible opportunity and in all cases where issues are settled at or before such settlement, and unless there 
has been a consequent failure of justice. 

5[(2)  No  objection  as  to  the  competence  of  a  Court  with  reference  to  the  pecuniary  limits  of  its 
jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the 
Court of first instance at the earliest possible opportunity, and, in all cases where issues are settled, at or 
before such settlement, and unless there has been a consequent failure of justice. 

(3)  No  objection  as  to  the  competence  of  the  executing  Court  with  reference  to  the  local  limits  of  its 
jurisdiction shall be allowed by any Appellate or Revisional Court unless such objection was taken in the 
executing  Court  at  the  earliest  possible  opportunity,  and  unless  there  has  been  a  consequent  failure  of 
justice.] 

6[21A.  Bar  on  suit  to  set  aside  decree  on  objection  as  to  place  of  suing.—  No  suit  shall  lie 
challenging  the  validity  of  a  decree  passed  in  a  former  suit  between  the  same  parties,  or  between  the 
parties under whom they or any of them claim, litigating under the same title, on any ground based on an 
objection as to the place of suing. 

Explanation.—The expression “former suit” means a suit which has been decided prior to the decision 
in the suit in which the validity of the decree is questioned, whether or not the previously decided suit was 
instituted prior to the suit in which the validity of such decree is questioned.] 

22. Power to transfer suits which may be instituted in more than one Court.—Where a suit may 
be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after 
notice  to  the  other  parties,  may,  at  the  earliest  possible  opportunity  and  in  all  cases  where  issues  are 
settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to 
which  such  application  is  made,  after  considering  the  objections  of  the  other  parties  (if  any),  shall 
determine in which of the several Courts having jurisdiction the suit shall proceed. 

1. Explanation 1 omitted by Act 104 of 1976, s. 7 (w.e.f. 1-2-1977). 
2. Subs. by s. 7, ibid., for “Explanation II” (w.e.f. 1-2-1977). 
3. Subs. by Act 2 of 1951, s. 3, for “the States” (w.e.f. 1-4-1951). 
4. S. 21 renumbered as sub-section (1) by Act 104 of 1976, s. 8 (w.e.f. 1-2-1977). 
5. Ins. by s. 8, ibid. (w.e.f. 1-2-1977). 
6. Ins. by s. 9, ibid. (w.e.f. 1-2-1977). 

39 

 
 
 
 
 
 
 
                                                      
23. To what Court application lies.—(I) Where the several Courts having jurisdiction are subordinate to 

the same Appellate Court, an application under section 22 shall be made to the Appellate Court. 

(2) Where such Courts are subordinate to different Appellate Courts but to the same High Court, the 

application shall be made to the said High Court. 

(3) Where such Courts are subordinate to different High Courts, the application shall be made to the 
High Court within the local limits of whose jurisdiction the Court in which the suit is brought is situate. 

24.  General  power  of  transfer  and withdrawal.—(1)  On the application  of  any  of  the  parties and 
after  notice  to  the  parties  and  after  hearing  such  of  them  as  desired  to  be  heard,  or  of  its  own  motion 
without such notice, the High Court or the District Court may at any stage—  

 (a)  transfer  any  suit,  appeal  or  other  proceeding  pending  before  it  for  trial  or  disposal  to  any 

Court subordinate to it and competent to try or dispose of the same, or 

(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and—  

(i) try or dispose of the same; or 

(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to 

try or dispose of the same; or 

(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn. 

(2)  Where  any  suit  or  proceeding  has  been  transferred  or  withdrawn  under  sub-section  (1),  the  Court 
which 1[is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the 
case  of  an  order  of  transfer,  either  retry  it  or  proceed  from  the  point  at  which  it  was  transferred  or 
withdrawn. 

2[(3) For the purposes of this section,—  

(a)  Courts  of  Additional  and  Assistant  Judges  shall  be  deemed  to  be  subordinate  to  the 

District Court; 

(b) “proceeding” includes a proceeding for the execution of a decree or order.] 

(4) The Court trying any suit transferred or withdrawn under this section from a Court of Small Causes 

shall, for the purposes of such suit, be deemed to be a Court of Small Causes. 

3[(5) A suit or proceeding may be transferred under this section from a Court which has no jurisdiction 

to try it.] 

4[25. Power of Supreme Court to transfer suits, etc.—(1) On the application of a party, and after notice 
to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if 
satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other 
proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil 
Court in any other State. 

(2)  Every  application  under  this  section  shall  be  made  by  a  motion  which  shall  be  supported  by  an 

affidavit. 

(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special 

directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it. 

(4) In dismissing any application under this section, the Supreme Court may, if it is of opinion that the 
application was frivolous or vexatious, order the applicant to pay by way of compensation to any person 
who  has  opposed  the  application  such  sum,  not  exceeding  two  thousand  rupees,  as  it  considers 
appropriate in the circumstances of the case. 

(5) The law applicable to any suit, appeal or other proceeding transferred under this section shall be 
the law which the Court in which the suit, appeal or other proceeding was originally instituted ought to 
have applied to such suit, appeal or proceeding.] 

1. Subs. by Act 104 of 1976, s. 10, for “thereafter tries such suit” (w.e.f. 1-2-1977).  
2. Subs. by s. 10, ibid., for sub-section (3) (w.e.f. 1-2-1977).    
3. Ins. by s. 10, ibid. (w.e.f. 1-2-1977). 
4. Subs. by s. 11, ibid., for s. 25 (w.e.f. 1-2-1977). 

40 

                                                      
INSTITUTION OF SUITS 

26. Institution of suits. — 1[(1)] Every suit shall be instituted by the presentation of a plaint or in such 

other manner as may be prescribed. 

 2[(2) In every plaint, facts shall be proved by affidavit.] 
 *[Provided  that  such  an  affidavit  shall  be  in the  form  and  manner  as  prescribed  under  Order VI  of 

Rule 15A.] 

SUMMONS AND DISCOVERY 
27. Summons to defendants.—Where a suit has been duly instituted, a summons may be issued to the 
defendant  to  appear  and  answer  the  claim  and  may  be  served  in  manner  prescribed  3[on  such  day  not 
beyond thirty days from date of the institution of the suit.] 

28. Service of summons where defendant resides in another State.—(1) A summons may be sent for 
service in another State to such Court and in such manner as may be prescribed by rules in force in that State. 
(2)  The  Court  to  which  such  summons  is  sent  shall,  upon  receipt  thereof,  proceed  as  if  it  had  been 
issued  by  such  Court  and shall  then  return the  summons  to the  Court of  issue  together  with the  record       
(if any) of its proceedings with regard thereto. 

4[(3)  Where  the  language  of  the  summons  sent  for  service  in  another  State  is  different  from  the 

language of the record referred to in sub-section (2), a translation of the record,—  

(a) in Hindi, where the language of the Court issuing the summons is Hindi, or 
(b) in Hindi or English where the language of such record is other than Hindi or English, 

shall also be sent together with the record sent under that sub-section.] 
5[29. Service of foreign summonses.—Summonses and other processes issued by—  

(a) any  Civil  or  Revenue Court  established  in  any  part  of  India  to  which the  provisions  of this 

Code do not extend, or 

(b)  any  Civil  or  Revenue  Court  established  or  continued  by  the  authority  of  the  Central 

Government outside India, or 

(c)  any  other  Civil  or  Revenue  Court  outside  India  to  which  the  Central  Government  has,  by 

notification in the Official Gazette, declared the provisions of this section to apply, 

may  be  sent  to  the  Courts  in  the  territories  to  which  this  Code  extends,  and  served  as  if  they  were 
summonses issued by such Courts.] 

30. Power to order discovery and the like.—Subject to such conditions and limitations as may be 

prescribed, the Court may, at any time, either of its own motion or on the application of any party,—  

(a) make such orders as may be necessary or reasonable in all matters relating to the delivery and 
answering  of  interrogatories,  the  admission  of  documents  and  facts,  and  the  discovery,  inspection, 
production, impounding and return of documents or other material objects producible as evidence; 

(b)  issue  summonses  to  persons  whose  attendance  is  required  either  to  give  evidence  or  to 

produce documents or such other objects as aforesaid; 

(c) order any fact to be proved by affidavit. 

31. Summons to witness.—The provisions in sections 27, 28 and 29 shall apply to summonses to give 

evidence or to produce documents or other material objects. 

32. Penalty for default.—The Court may compel the attendance of any person to whom a summons 

has been issued under section 30 and for that purpose may—  

(a) issue a warrant for his arrest; 
(b) attach and sell his property; 

1. S. 26 renumbered as sub-section (1) by Act 46 of 1999, s. 2 (w.e.f. 1-7-2002).  
2. Ins. by s. 3, ibid., (w.e.f. 1-7-2002). 
3. Ins. by s. 3, ibid., (w.e.f. 1-7-2002). 
4. Ins. by Act 104 of 1976, s. 12 (w.e.f. 1-5-1977). 
5. Subs. by Act 2 of 1951, s. 6, for section 29 (w.e.f. 1-4-1951). 
* Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015). 

41 

  
                                                      
(c) impose a fine upon him 1[not exceeding five thousand rupees]; 

(d) order him to furnish security for his appearance and in default commit him to the civil prison. 

JUDGMENT AND DECREE 

33. Judgment and decree.—The Court, after the case has been heard, shall pronounce judgment, and on 

such judgment a decree shall follow. 

INTEREST 

34. Interest.— (1) Where and in so far as a decree is for the payment of money, the Court may, in the decree, 
order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of 
the suit to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to 
the institution of the suit,  2[with further interest at such rate not exceeding six per cent. per annum as the Court 
deems reasonable on such principal sum], from the date of the decree to the date of payment, or to such earlier date 
as the Court thinks fit: 

3[Provided  that  where  the  liability  in  relation  to  the  sum  so  adjudged  had  arisen  out  of  a  commercial 
transaction,  the  rate  of  such  further  interest  may  exceed  six  per  cent.  per  annum,  but  shall  not  exceed  the 
contractual rate of interest or where there is no contractual rate, the rate at which moneys are lent or advanced 
by nationalised banks in relation to commercial transactions. 

Explanation  I.—In  this  sub-section,  “nationalised  bank”  means  a  corresponding  new  bank  as  defined  in 

the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). 

Explanation  II.—For  the  purposes  of  this  section,  a  transaction  is  a  commercial  transaction,  if  it  is 

connected with the industry, trade or business of the party incurring the liability.] 

(2) Where such a decree is silent with respect to the payment of further interest  4[on such principal sum] 
from  the  date  of  the  decree to  the  date  of  payment  or  other  earlier  date,  the  Court  shall  be  deemed  to  have 
refused such interest, and a separate suit therefor shall not lie. 

COSTS 

35. Costs.—(1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any 
law for the time being in force, the costs of an incident to all suits shall be in the discretion of the Court, and the 
Court shall have full power to determine by whom or out of what property and to what extent such costs are to be 
paid, and to give all necessary directions for the purposes aforesaid. The fact that the Court has no jurisdiction to 
try the suit shall be no bar to the exercise of such powers. 

(2) Where the Court directs that any costs shall not follow the event, the Court shall state its reasons in 

writing. 

5* 

* 

* 

* 

* 

*[35. Costs.— (1) In relation to any  Commercial dispute, the Court, notwithstanding anything contained 

in any other law for the time being in force or Rule, has the discretion to determine:  

(a) whether costs are payable by one party to another; 

(b) the quantum of those costs; and 

(c) when they are to be paid. 

1. Subs. by Act 46 of 1999, s. 4, for “not exceeding five hundred rupees”  (w.e.f. 1-7-2002).` 
2. Subs. by Act 66 of 1956, s. 2, for certain words (w.e.f. 1-1-1957). 
3. Ins. by Act 104 of 1976, s. 13 (w.e.f. 1-7-1977). 
4. Subs. by Act 66 of 1956, s. 2, for “on such aggregate sum as aforesaid” (w.e.f. 1-1-1957). 
5. Sub-section (3) omitted by Act 66 of 1956, s. 3 (w.e.f. 1-1-1957). 
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015).  

42 

 
 
 
 
 
 
 
 
 
                                                      
Explanation.—For  the  purpose  of  clause  (a),  the  expression  “costs”  shall  mean  reasonable  costs 

relating to— 

(i) the fees and expenses of the witnesses incurred; 

(ii) legal fees and expenses incurred; 

(iii) any other expenses incurred in connection with the proceedings. 

(2)  If  the Court  decides  to make an order  for payment  of  costs, the  general  rule  is that  the  unsuccessful 

party shall be ordered to pay the costs of the successful party:  

Provided that the Court may make an order deviating from the general rule for reasons to be recorded in 

writing. 

Illustration 

 The Plaintiff, in his suit, seeks a money decree for breach of contract, and damages. The Court holds that the 
Plaintiff is entitled to the money decree. However, it returns a finding that the claim for damages is frivolous and 
vexatious. 

In  such  circumstances  the  Court  may  impose  costs  on  the  Plaintiff,  despite  the  Plaintiff  being  the  successful 

party, for having raised frivolous claims for damages.  

(3)  In  making  an  order  for  the  payment  of  costs,  the  Court  shall  have  regard  to  the  following  circumstances, 

including— 

(a) the conduct of the parties; 

(b) whether a party has succeeded on part of its case, even if that party has not been wholly successful; 

(c) whether the party had made a frivolous counterclaim leading to delay in the disposal of the case; 

(d) whether any reasonable offer to settle is made by a party and unreasonably refused by the other party; 

and  

(e) whether the party had made a frivolous claim and instituted a vexatious proceeding wasting the time of 

the Court. 

(4) The orders which the Court may make under this provision include an order that a party must pay––  

(a) a proportion of another party’s costs;  

(b) a stated amount in respect of another party’s costs;  

(c) costs from or until a certain date;  

(d) costs incurred before proceedings have begun;  

(e) costs relating to particular steps taken in the proceedings; 

(f) costs relating to a distinct part of the proceedings; and 

(g) interest on costs from or until a certain date.] 

STATE AMENDMENTS 

Jammu and Kashmir and Ladakh (UTs).—  

    In Section 35, in sub-section (1) omit “Commercial”. 

[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)].  

43 

 
 
1[35A. Compensatory costs in respect of false or vexatious claims or defences.—(1) If in any suit 
or  other  proceedings  2[including  an  execution  proceeding  but  3[excluding  an  appeal  or  a  revision]  any 
party objects to the claim or defence on the ground that the claim or defence or any part of it is, as against 
the objector, false or vexatious to the knowledge of the party by whom it has been put forward, and if 
thereafter, as against the objector, such claim or defence is disallowed, abandoned or withdrawn in whole 
or  in  part,  the  Court,  4[if  it  so  thinks  fit],  may,  after  recording  its  reasons  for  holding  such  claim  or 
defence to be false or vexatious, make an order for the payment to the object or by the party by whom 
such claim or defence has been put forward, of cost by way of compensation. 

*[(2) No Court shall make any such order for the payment of an amount exceeding  5[three thousand 

rupees] or exceeding the limits of its pecuniary jurisdiction, whichever amount is less: 

Provided that where the pecuniary limits of the jurisdiction of any Court exercising the jurisdiction of a 
Court  of  Small  Causes  under  the  Provincial  Small  Cause  Courts  Act,  1887  (9  of  1887),  6[or  under  a 
corresponding law in force in 7[any part of India to which the said Act does not extend] and not being a Court 
constituted  8[under such Act or law], are less than two hundred and fifty rupees, the High Court may empower 
such Court to award as costs under this section any amount not exceeding two hundred and fifty rupees and not 
exceeding those limits by more than one hundred rupees : 

Provided,  further,  that the High  Court  may  limit  the amount  which  any  Court  or  class  of  Courts is 

empowered to award as costs under this section.] 

 (3) No person against whom an order has been made under this section shall, by reason thereof, be 

exempted from any criminal liability in respect of any claim or defence made by him. 

(4)  The  amount  of  any  compensation  awarded  under  this  section  in  respect  of  a  false  or  vexatious 
claim  or  defence  shall  be  taken  into  account  in  any  subsequent  suit  for  damages  or  compensation  in 
respect of such claim or defence.] 

STATE AMENDMENTS 

Jammu and Kashmir and Ladakh (UTs).—  

In Section 35A, omit sub-section (2). 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]. 

Uttar Pradesh 

Amendment  of  section  35-A  of  Act  V  of 1908.—In  the  Code  of  Civil  Procedure, 
1908 (hereinafter in this Chapter referred to as the principal Act) in section 35-A, after 
sub- section (1), the following sub-section shall be inserted, namely :— 

“Revision.—(1-A) The provisions of sub-section (1) shall mutatis mutandis apply to an 
appeal where the  appellate court  confirms  the  decision  of the trial court and the trial 
court has not awarded, or has awarded insufficient,  compensatory  cost  under  that  sub-
section.” 

[Vide Uttar Pradesh Act 57 of 1976, s. 2] 

1. Section 35A ins. by Act 9 of 1922, s. 2, which, under section 1(2) thereof may be brought into force in any State by the State 
Government on any specified date. It has been so brought into force in Bombay, Bengal, U.P., Punjab, Bihar, C.P., Assam, 
Orissa and Madras.   

2. Subs. by Act 66 of 1956, s. 4, for “not being an appeal” (w.e.f. 1-2-1957). 
3. Subs. by Act 104 of 1976, s. 14, for “excluding an appeal” (w.e.f. 1-2-1977). 
4. Subs. by Act 66 of 1956, s. 4, for certain words (w.e.f. 1-2-1957). 
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015). 
5. Subs. by Act 104 of 1976, s. 14, for “one thousand rupees” (w.e.f. 1-2-1977). 
6. Ins. by Act 2 of 1951, s. 7. 
7. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “a Part B State”.  
8. Subs. by Act 2 of 1951, s. 7, for “under that Act” (w.e.f. 1-4-1951). 

44 

                                                      
Uttar Pradesh 

Section  35-A  or  Schedule  of  the  Act.—(1)  For  the  existing  sub-section  (1),  the  following 

shall be  substituted ; 

“(1) If in any suit or  other proceeding,  including  proceedings in execution, but  not  being  
an  appeal  or  revision,  the  court  finds  that  the  claim  or    defense    or    any  part thereof  is  false  or 
vexatious to the knowledge of  the  party  by whom  it  has  been  put  forward  and if such claim  
or    defense    or    such  part  is  disallowed  abandoned  or  withdrawn  in  whole  or  in  part,  the  court 
may, after recording  its reasons for holding such claim or defense to be false or  vexatious, make 
an order for the payment  to the  successful  party  of  costs  by way of compensation irrespective 
of the decision on other issues in the case.” 
[Vide Uttar Pradesh Act XXIV of 1954, s. 3] 

1[35B. Costs for causing delay.—(1) If, on any date fixed for the hearing of a suit or for taking any 

step therein, a party to the suit—  

(a) fails to take the step which he was required by or under this Code to take on that date, or 

(b) obtains an adjournment for taking such step or for producing evidence or on any other ground, 

the  Court  may, for reasons to  be recorded,  make an order requiring such party to pay to the  other party 
such costs as would, in the opinion of the Court, be reasonably sufficient to reimburse the other party in 
respect of the expenses incurred by him in attending the Court on that date, and payment of such costs, on 
the  date  next  following  the  date  of  such  order,  shall  be  a  condition  precedent  to  the  further  prosecution 
of—  

(a) the suit by the plaintiff, where the plaintiff was ordered to pay such costs, 

(b) the defence by the defendant, where the defendent was ordered to pay such costs. 

Explanation.—Where  separate defences have been raised by the defendant or groups of defendants, 
payment  of  such  costs  shall  be  a  condition precedent to  the  further  prosecution of  the  defence  by  such 
defendants or groups of defendants as have been ordered by the Court to pay such costs. 

(2)  The  costs,  ordered  to  be  paid  under  sub-section  (1),  shall  not,  if  paid,  be  included  in  the  costs 
awarded in the decree passed in the suit; but, if such costs are not paid, a separate order shall be drawn up 
indicating the amount of such costs and the names and addresses of the persons by whom such costs are 
payable and the order so drawn up shall be executable against such persons. ] 

PART II  
EXECUTION  
GENERAL 

2[36.  Application  to  orders.—The  provisions  of  this  Code  relating  to  the  execution  of  decrees 
(including provisions relating to payment under a decree) shall, so far as they are applicable, be deemed 
to apply to the execution of orders (including payment under an order).] 

37. Definition of Court which passed a decree.—The expression “Court which passed a decree,” 
or words to that effect, shall, in relation to the execution of decrees, unless there is anything repugnant in 
the subject or context, be deemed to include,—  

 (a) where the decree to be executed has been passed in the exercise of appellate jurisdiction, the 

Court of first instance, and 

1. Ins. by Act 104 of 1976, s. 15 (w.e.f. 1-2-1977). 
2. Subs. by Act 104 of 1976, s. 16, for section 36 (w.e.f. 1-2-1977). 

45 

                                                      
(b) where the Court of first instance has ceased to exist or to have jurisdiction to execute it, the 
Court  which,  if  the  suit  wherein  the  decree  was  passed  was  instituted  at  the  time  of  making  the 
application for the execution of the decree, would have jurisdiction to try such suit. 

1[Explanation.—The  Court  of  first  instance  does  not  cease  to  have  jurisdiction  to  execute  a  decree 
merely on the ground that after the institution of the suit wherein the decree was passed or after the passing 
of the decree, any area has been transferred from the jurisdiction of that Court to the jurisdiction of any other 
Court; but, in every such case, such other Court shall also have jurisdiction to execute the decree, if at the 
time of making the application for execution of the decree it would have jurisdiction to try the said suit.] 

COURTS BY WHICH DECREES MAY BE EXECUTED 

38. Court by which decree may be executed.—A decree may be executed either by the Court which 

passed it, or by the Court to which it is sent for execution. 

39. Transfer of decree.—(1) The Court which passed a decree may, on the application of the decree-

holder, send it for execution to another Court 2[of competent jurisdiction],—  

(a) if the person against whom the decree is passed actually and voluntarily resides or carries on 

business, or personally works for gain, within the local limits of the jurisdiction of such other Court, or 

(b) if such person has not property within the local limits of the jurisdiction of the Court which 
passed  the  decree  sufficient  to  satisfy  such  decree  and  has  property  within  the  local  limits  of  the 
jurisdiction of such other Court, or 

 (c) if the decree directs the sale or delivery of immovable property situate outside the local limits 

of the jurisdiction of the Court which passed it, or 

(d) if the Court which passed the decree considers for any other reason, which it shall record in 

writing, that the decree should be executed by such other Court. 

(2) The Court which passed a decree may of its own motion send it for execution to any subordinate 

Court of competent jurisdiction. 

3[(3) For the purposes of this section, a Court shall be deemed to be a Court of competent jurisdiction if, at 
the time of making the application for the transfer of decree to it, such Court would have jurisdiction to try the 
suit in which such decree was passed.] 

4[(4) Nothing in this section shall be deemed to authorise the Court which passed a decree to execute 

such decree against any person or property outside the local limits of its jurisdiction.] 

STATE AMENDMENT 

Uttar Pradesh 

Amendment of section 39 of Act  no.  5 of 1908.— In  section  39  of  the  Code  of  Civil 
Procedure,  1908,  hereinafter  referred  to  as  the  said  Code,  for  sub-section  (3),  the 
following sub- section shall be substituted, namely :— 

“(3)  For  the  purposes  of  this  section,    a  Court  shall  be    deemed  to  be  a  Court  of 
competent jurisdiction of the amount or value of the subject-matter of the suit wherein 
the  decree was   passed   does    not exceed  the  pecuniary  limits,  if any, of   its    ordinary  
jurisdiction    at    the  time  of  making  the  application  for  the  transfer  of  decree  to  it, 
notwithstanding that  it  had otherwise  no  jurisdiction  to try  the suit.” 

[Vide Uttar Pradesh Act 31 of 1978, s. 2] 

40. Transfer of decree to Court in another State.—Where a decree is sent for execution in another State, it 

shall be sent to such Court and executed in such manner as may be prescribed by rules in force in that State. 

1. Ins. by Act 104 of 1976, s. 17 (w.e.f. 1-2-1977). 
2. Ins. by s. 18, ibid. (w.e.f. 1-2-1977). 
3. Ins. by Act 104 of 1976, s. 18, (w.e.f. 1-2-1977). 
4. Ins. by Act 22 of 2002, s. 2 (w.e.f. 1-7-2002). 

46 

                                                      
41.  Result  of  execution  proceedings  to  be  certified.—The  Court  to  which  a  decree  is  sent  for 
execution shall certify to the Court which passed it the fact of such execution, or where the former Court 
fails to execute the same the circumstances attending such failure. 

42. Powers of Court in executing transferred decree. — 1[(1)] The Court executing a decree sent to it shall 
have  the  same  powers  in  executing  such  decree  as  if  it  had  been  passed  by  itself.  All  persons  is  disobeying          
or  obstructing  the  execution  of  the  decree  shall  be  punishable  by  such  Court  in  the  same  manner  as  if  it  had 
passed the decree. And its order in executing such decree shall be subject to the same rules in respect of 
appeal as if the decree had passed by itself. 

2[(2) Without prejudice to the generality of the provisions of sub-section (1), the powers of the Court 
under that sub-section shall include the following powers of the Court which passed the decree, namely:—  

(a) power to send the decree for execution to another Court under section 39; 

(b) power to execute the decree against the legal representative of the deceased judgment-debtor 

under section 50; 

(c) power to order attachment of a decree. 

(3) A Court passing an order in exercise of the powers specified in sub-section (2) shall send a copy 

thereof to the Court which passed the decree. 

(4)  Nothing  in  this  section  shall  be  deemed  to  confer  on  the  Court  to  which  a  decree  is  sent  for 

execution any of the following powers, namely:—  

(a) power to order execution at the instance of the transferee of the decree; 

(b)  in  the  case  of  a  decree  passed  against  a  firm,  power  to  grant  leave  to  execute  such  decree 

against  any  person,  other  than  such  a  person  as  is  referred  to  in  clause  (b),  or  clause  (c)  of              
sub-rule (1) of rule 50 of Order XXI. ] 

STATE AMENDMENT 

Uttar Pradesh 

Substitution of  new section for section  42 of Act  V  of  1908.— For section 42 of the 
Code of Civil Procedure, 1908,  as amended in its  application to Uttar Pradesh (hereinafter 
referred to  as the said Code) the  following  section  shall  be  substituted  and  be deemed 
to have been substituted with affect from December 2, 1968, namely :— 

“42. Power of court in executing transferred decree.— (1) The Court executing a decree 
sent  to  it  shall  have  the  same  powers  in  executing  such  decree  as  if  it  had    been    passed  by 
itself. All persons disobeying or obstructing the execution of the decree shall be punishable by 
such  Court  in  the  same  manner  as  if  it  had  passed  the  decree,  and  its  order  in  executing  such 
decree shall be subject to the same rules in respect of appeal as if the decree had been passed by itself. 

(2)  Without  prejudice  to  the  generality  of  the  provisions  of  sub-  section  (1),  the  powers    of    the  
Court    under    that    sub-section    shall  include  the  following  powers  of  the  Court  which  passed  the  
decree, namely — 

(a) power to send the decree for execution to  another  Court under section 39 ; 

(b) power  to  execute  the  decree  against  the  legal  representative of the  deceased 

judgment-debtor under section 50 ; 

(c) power to order attachment of a decree; 

(d)  power  to  decide  any  question  relating  to  the  bar  of  limitation to  the 

executability of the decree ; 

(e) power  to  record  payment  or adjustment  under  rule  2  of  Order XXI; 

1. S. 42 renumbered as sub-section (1) by Act 104 of 1976, s. 19 (w.e.f. 1-2-1977). 
2. Ins. by s. 19, ibid., (w.e.f. 1-2-1977). 

47 

                                                      
(f) power to order stay of execution under rule 29 of Order XXI; 

(g) in the case of a decree passed against a firm, power to grant leave to execute such decree 
against any person other than a person as is referred to in clause (b) or clause (c) of sub-rule (1) of 
rule 50 of Order XXI. 

(3) A Court passing an order in exercise of the powers specified in sub-section (2) 

shall send a copy thereof to the Court which passed the decree. 

(4) Nothing in this  section shall be  deemed to confer on the  Court to which a decree  is  sent  for 

execution,  the power to order execution at the instance  of the  transferee  of  a decree.” 

[Vide Uttar Pradesh Act 14 of 1970, s. 2] 

1[43. Execution of decrees passed by Civil Courts in places to which this Code does not extend.—
Any decree passed by any Civil Court established in any part of India to which the provisions of this Code do 
not extend, or by any Court established or continued by the authority of the Central Government outside India, 
may, if it cannot be executed within the jurisdiction of the Court by which it was passed, be executed in the 
manner herein provided within the jurisdiction of any Court in the territories to which this Code extends.] 

 2[44.  Execution  of  decrees  passed  by  Revenue  Courts  in  places  to  which  this  Code  does  not 
extend.—The State Government may, by notification in the Official Gazette, declare that the decrees of 
any Revenue Court in any part of India to which the provisions of this Code do not extend, or any class of 
such decrees, may be executed in the State as if they had been passed by Courts in that State.] 

3[44A. Execution of decrees passed by Courts in reciprocating territory.—(1) Where a certified 
copy  of  a  decree  of  any  of  the  superior  Courts  of  4***  any  reciprocating  territory  has  been  filed  in  a 
District Court, the decree may be executed in 5[India] as if it had been passed by the District Court. 

(2) Together with the certified copy of the decree shall be filed a certificate from such superior Court 
stating the extent, if any, to which the decree has been satisfied or adjusted and such certificate shall, for the 
purposes  of  proceedings  under  this  section,  be  conclusive  proof  of  the  extent  of  such  satisfaction  or 
adjustment. 

(3) The provisions of section 47 shall as from the filing of the certified copy of the decree apply to the 
proceedings of a District Court executing a decree under this section, and the District Court shall refuse 
execution of any such decree, if it is shown to the satisfaction of the Court that the decree falls within any 
of the exceptions specified in clauses (a) to (f) of section 13. 

6[Explanation 1.— “Reciprocating territory” means any country or territory outside India which the 
Central Government may, by notification in the Official Gazette, declare to be a reciprocating territory for 
the  purposes  of  this  section;  and  “superior  Courts”,  with  reference  to  any  such  territory,  means  such 
Courts as may be specified in the said notification. 

Explanation 2.— “Decree” with reference to a superior Court means any decree or judgment of such 
Court  under  which  a  sum  of  money  is  payable,  not  being  a  sum  payable  in  respect  of  taxes  or  other 
charges of a like nature or in respect of a fine or other penalty, but shall in no case include an arbitration 
award, even if such an award is enforceable as a decree or judgment.]] 

1. Subs. by Act 2 of 1951, s. 8, for section 43 (w.e.f. 1-4-1951).  
2. Subs. by Act 2 of 1951, s. 9, for section 44 (w.e.f. 1-4-1951). 
3. Ins. by Act 8 of 1937, s. 2. 
4. The words “the United Kingdom or” omitted by Act 71 of 1952, s. 2. 
5. Subs. by Act 2 of 1951, s. 3, for “the States” (w.e.f. 1-4-1951). 
6. Subs. by Act 71 of 1952, s. 2, for Explanations 1 to 3.  

48 

 
 
                                                      
1[45.  Execution  of  decrees  outside  India.—So  much  of  the  foregoing  sections  of  this  Part  as 
empowers a Court to send a decree for execution to another Court shall be construed as empowering a 
Court in any State to send a decree for execution to any Court established  2*** by the authority of the 
Central  Government  3[outside  India]  to  which  the  State  Government  has  by  notification  in  the  Official 
Gazette declared this section to apply.] 

46. Precepts.—(1) Upon the application of the decree-holder the Court which passed the decree may, 
whenever  it  thinks  fit,  issue  a  precept  to  any  other  Court  which  would  be  competent  to  execute  such 
decree to attach any property belonging to the judgment-debtor and specified in the precept. 

(2) The Court to which a precept is sent shall proceed to attach the property in the manner prescribed 

in regard to the attachment of property in execution of a decree: 

Provided  that  no  attachment  under  a  precept  shall  continue  for  more  than  two  months  unless  the 
period of attachment is extended by an order of the Court which passed the decree or unless before the 
determination of such attachment the decree has been transferred to the Court by which the attachment 
has been made and the decree-holder has applied for an order for the sale of such property. 

QUESTIONS TO BE DETERMINED BY COURT EXECUTING DECREE 

47. Questions to be determined by the Court executing decree.—(1) All questions arising between 
the  parties  to  the  suit  in  which  the  decree  was  passed,  or  their  representatives,  and  relating  to  the 
execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree 
and not by a separate suit. 

4* 
(3)  Where  a  question  arises  as  to  whether  any  person  is  or  is  not  the  representative  of  a  party,  such 

    * 

* 

* 

* 

question shall, for the purposes of this section, be determined by the Court. 

5[Explanation  I.—For  the  purposes  of  this  section,  a  plaintiff  whose  suit  has  been  dismissed  and  a 

defendant against whom a suit has been dismissed are parties to the suit. 

Explanation  II.—(a)  For  the purposes  of  this section,  a purchaser  of  property  at  a sale in execution of a 

decree shall be deemed to be a party to the suit in which the decree is passed; and 

(b)  all  questions  relating  to  the  delivery  of  possession  of  such  property  to  such  purchaser  or  his 
representative shall be deemed to be questions relating to the execution, discharge or satisfaction of the decree 
within the meaning of this section.] 

Uttar Pradesh 

STATE AMENDMENT 

Amendment  of  section  47.—  In  section  47  of  the  principal  Act,  Explanation  II 

inserted by the U. P. Civil Laws (Reforms and Amendment) Act, 1954, shall be omitted. 

[Vide Uttar Pradesh Act 57 of 1976, s. 3] 

48. [Execution barred in certain cases.] Rep. by the Limitation Act, 1963 (36 of 1963), s. 28  (w.e.f. 1-1-1964). 

LIMIT OF TIME FOR EXECUTION 

1. Subs. by the A.O. 1937, for section 45. 
2. The words “or continued” omitted by the A.O. 1948. 
3. Subs. by the A.O. 1950, for “in any Indian State”.   
4. Sub-section (2) omitted by Act 104 of 1976, s. 20 (w.e.f. 1-2-1977). 
5. Subs. by s. 20, ibid. for the Explanation (w.e.f. 1-2-1977). 

49 

 
 
 
 
 
 
 
 
 
 
 
 
                                                      
Rajasthan 

STATE AMENDMENT 

Insertion of new section 48 A.- After section 48 of the Code of Civil Procedure, 1908 (Central Act V of 1908), 
in its application thereof  to the  State of Rajasthan, the  following new section  shall be,  and be  deemed always to 
have been inserted, namely:-- 

"48-A- Varied application of section 48.- For the purposes of the application of section 48 to the 

State of Rajasthan;- 

(i) a decree, made before the twenty-fifth day of January, 1950, in those parts of Rajasthan 
where a corresponding provision did not then exist, shall, unless it shall have becomr time-barred 
or otherwise infructuous before the said day in accordance with any law then prevailing in those 
parts, be deemed to have been made on the said day, and 

(ii)  Where  a  decree  might  have  been  made  before the  twenty-fifth  day  of January,  1950  in 
those parts of Rajasthan where a corresponding provision then existed, with a period longer than 
twelve years provided therein such longer period or the period of twelve years form the said day 
whichever  expires  first  shall  be  the  period  after  which,  according  to  section  48,  no  order  for 
execution shall be made". 

[Vide Rajasthan Act XX of 1952, s. 2] 

TRANSFEREES AND LEGAL REPRESENTATIVES 

49.  Transferee.—Every  transferee  of  a  decree  shall  hold  the  same  subject  to  the  equities  (if  any)  which  the 

judgment-debtor might have enforced against the original decree-holder. 

50.  Legal  representative.—(1)  Where  a  judgment-debtor  dies  before  the  decree  has  been  fully  satisfied,  the 
holder of the decree may apply to the Court which passed it to execute the same against the legal representative of 
the deceased. 

(2) Where the decree is executed against such legal representative, he shall be liable only to the extent of the 
property of the deceased which has come to his hands and has not been duly disposed of; and, for the purpose of 
ascertaining  such  liability,  the  Court  executing  the  decree  may,  of  its  own  motion  or  on  the  application  of  the 
decree-holder, compel such legal representative to produce such accounts as it thinks fit.  

PROCEDURE IN EXECUTION 

51. Powers of Court to enforce execution.—Subject to such conditions and limitations as may be prescribed, 

the Court may, on the application of the decree-holder, order execution of the decree—  

(a) by delivery of any property specifically decreed; 
(b) by attachment and sale or by the sale without attachment of any property; 
(c) by arrest and detention in prison 1[for such period not exceeding the period specified in section 58, 

where arrest and detention is permissible under that section]; 

(d) by appointing a receiver; or 
(e) in such other manner as the nature of the relief granted may require: 

2[Provided  that,  where  the  decree  is  for  the  payment  of  money,  execution  by  detention  in  prison  shall  not  be 
ordered unless, after giving the judgment-debtor an opportunity of showing cause why he should not be committed 
to prison, the Court, for reasons recorded in writing, is satisfied—  

(a) that the judgment-debtor, with the object or effect of obstructing or delaying the execution of the 

decree,—  

(i) is likely to abscond or leave the local limits of the jurisdiction of the Court, or 
(ii)  has,  after  the  institution  of  the suit  in  which the  decree was  passed,  dishonestly  transferred, 
concealed, or removed any part of his property, or committed any other act of bad faith in relation to 
his property, or 
(b) that the judgment-debtor has, or has had since the date of the decree, the means to pay the amount 
of the decree or some substantial part thereof and refuses or neglects or has refused or neglected to pay the 
same, or 

(c)  that  the decree  is for  a sum  for  which the  judgment-debtor  was  bound  in  a  fiduciary  capacity  to 

account. 
Explanation. —In the calculation of the means of the judgment-debtor for the purposes of clause (b), there 
shall be left out of account any property which, by or under any law or custom having the force of law for the 
time being in force, is exempt from attachment in execution of the decree.] 

1. Ins. by Act 104 of 1976, s. 21 (w.e.f. 1-2-1977). 
2. Ins. by Act 21 of 1936, s. 2. 

50 

                                                      
52. Enforcement of decree against legal representative.—(1) Where a decree is passed against a party 
as the legal representative of a deceased person, and the decree is for the payment of money out of the property 
of the deceased, it may be executed by the attachment and sale of any such property. 

(2) Where no such property remains in the possession of the judgment-debtor and he fails to satisfy the Court 
that he has duly applied such property of the deceased as is proved to have come into his possession, the decree 
may be executed against the judgment-debtor to the extent of the property in respect of which he has failed so to 
satisfy the Court in the same manner as if the decree had been against him personally. 

53. Liability of ancestral property.—For the purposes of section 50 and section 52, property in the hands 
of  a  son  or  other  descendant  which  is  liable  under  Hindu  law  for  the  payment  of  the  debt  of  a  deceased 
ancestor, in respect of which a decree has been passed, shall be deemed to be property of the deceased which 
has come to the hands of the son or other descendant as his legal representative. 

54. Partition of estate or separation of share.—Where the decree is for the partition of an undivided estate 
assessed to the payment of revenue to the Government, or for the separate possession of a share of such an estate, 
the partition of the estate or the separation of the share shall be made by the Collector or any gazetted subordinate 
of the Collector  deputed by him in this behalf, in accordance with the law (if any) for the time being in force 
relating to the partition, or the separate possession of shares, of such estates. 

Karnataka.— 

STATE AMENDMENT 

For Section 54, the following Section shall be substituted, namely.— 

“54.  Partition  of  estate  or  separation  of  share.—Where  the  decree  is  for  the  partition  of  an 
undivided estate assessed to the payment of revenue to the Government, or for the separate possession of 
a share of such an estate, the partition of the estate or the separation of the share of such an estate shall be 
made by the Court in accordance with the law if any, for the time being in force relating to the partition or 
the separate possession of shares, and if necessary on the report of a revenue officer, not below the rank 
of Tahsildar or such other person as the Court may appoint as Commissioner in that behalf.” 

[Vide Karnataka Act 36 of 1998, sec. 2.] 

ARREST AND DETENTION 

55.  Arrest  and  detention.—(1)  A judgment-debtor  may  be  arrested  in execution  of  a  decree  at  any 
hour and on any day, and shall, as soon as practicable, be brought before the Court, and his detention may 
be in the civil prison of the district in which the Court ordering the detention is situate, or, where such 
civil prison does not afford suitable accommodation, in any other place which the State Government may 
appoint for the detention of persons ordered by the Courts of such district to be detained: 

Provided, firstly, that, for the purpose of making an arrest under this section, no dwelling-house shall be 

entered after sunset and before sunrise: 

Provided, secondly, that no outer door of a dwelling-house shall be broken open unless such dwelling-
house is in the occupancy of the judgment-debtor and he refuses or in any way prevents access thereto, but 
when the officer authorized to make the arrest has duly gained access to any dwelling-house, he may break 
open the door of any room in which he has reason to believe the judgment-debtor is to be found: 

Provided, thirdly, that, if the room is in the actual occupancy of a woman who is not the judgment-debtor and who 
according to the customs of the country does not appear in public, the officer authorized to make the arrest shall give 
notice to her that she is at liberty to withdraw, and, after allowing a reasonable time for her to withdraw and giving her 
reasonable facility for withdrawing, may enter the room for the purpose of making the arrest: 

Provided, fourthly, that, where the decree in execution of which a judgment-debtor is arrested, is a decree for 
the  payment  of  money  and  the  judgment-debtor  pays  the  amount  of  the  decree  and  the  costs  of  the  arrest  to  the 
officer arresting him, such officer shall at once release him. 

(2) The State Government may, by notification in the Official Gazette, declare that any person or class of persons 
whose arrest might be attended with danger or inconvenience to the public shall not be liable to arrest in execution of a 
decree otherwise than in accordance with such procedure as may be prescribed by the State Government in this behalf. 

(3) Where a judgment-debtor is arrested in execution of a decree for the payment of money and brought before the 
Court, the Court shall inform him that he may apply to be declared an insolvent, and that he 1[may be discharged] if he 
has not committed any act of bad faith regarding the subject of the application and if he complies with the provisions of 
the law of insolvency for the time being in force. 

(4) Where a judgment-debtor expresses his intention to apply to be declared an insolvent and furnishes security, to 
the satisfaction of the Court, that he will within one month so apply, and that he will appear, when called upon, in any 

1. Subs. by Act 3 of 1921, s. 2, for “will be discharged”. 

51 

                                                      
proceeding upon the application or upon the decree in execution of which he was arrested, the Court 1[may release] him 
from arrest, and, if he fails so to apply and to appear, the Court may either direct the security to be realized or commit 
him to the civil prison in execution of the decree. 

56. Prohibition of arrest or detention of women in execution of decree for money.—Notwithstanding anything in 
this Part, the Court shall not order the arrest or detention in the civil prison of a woman in execution of a decree for the 
payment of money. 

57.  Subsistence-allowance.—The  State  Government  may  fix  scales,  graduated  according  to  rank,  race  and 

nationality, of monthly allowances payable for the subsistence of judgment-debtors. 

58. Detention and release.—(1) Every person detained in the civil prison in execution of a decree shall be so 

detained,—  

(a)  where  the  decree  is  for  the  payment  of  a  sum  of  money  exceeding  2[  3[five  thousand  rupees],  for  a 

period not exceeding three months, and,] 

4[(b)  where  the  decree  is  for  the  payment  of  a  sum  of  money  exceeding  two  thousand  rupees,  but  not 

exceeding five thousand rupees, for a period not exceeding six weeks.] 

5[(1A) For the removal of doubts, it is hereby declared that no order for detention of the judgment-debtor 
in civil prison in execution of a decree for the payment of money shall be made, where the total amount of the 
decree does not exceed 6[two thousand rupees.]] 

(2) A judgment-debtor released from detention under this section shall not merely by reason of his release be 
discharged from his debt, but he shall not be liable to be re-arrested under the decree in execution of which he was 
detained in the civil prison. 

59. Release on ground of illness.—(1) At any time after a warrant for the arrest of a judgment-debtor has been 

issued the Court may cancel it on the ground of his serious illness. 

(2) Where a judgment-debtor has been arrested, the Court may release him if, in its opinion, he is not in a fit 

state of health to be detained in the civil prison. 

(3) Where a judgment-debtor has been committed to the civil prison, he may be released therefrom—  

(a) by the State Government, on the ground of the existence of any infectious or contagious disease, or 
(b) by the committing Court, or any Court to which that Court is subordinate, on the ground of his suffering 

from any serious illness. 

(4)  A  judgment-debtor  released  under  this  section  may  be  re-arrested,  but  the  period  of  his  detention  in  civil 

prison shall not in the aggregate exceed that prescribed by section 58. 

ATTACHMENT 

760.  Property  liable  to  attachment  and  sale  in  execution  of  decree.—(1)  The  following  property  is  liable  to 
attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, money, bank-notes, 
cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money, 
debts,  shares  in  a  corporation  and,  save  as  hereinafter  mentioned,  all  other  saleable  property,  movable  or 
immovable, belonging to the judgment-debtor, or over which, or the profits of which, he has a disposing 
power which he may exercise for his own benefit, whether the same be held in the name of the judgment-
debtor or by another person in trust for him or on his behalf: 

Provided that the following particulars shall not be liable to such attachment or sale, namely:—  

(a) the necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor, his 
wife  and  children,  and  such  personal  ornaments  as,  in  accordance  with  religious  usage,  cannot  be 
parted with by any woman; 

(b)  tools  of  artisans,  and,  where  the  judgment-debtor  is  an  agriculturist,  his  implements  of 
husbandry and such cattle and seed-grain as may, in the opinion of the Court, be necessary to enable 
him  to  earn  his  livelihood  as  such,  and  such  portion  of  agricultural  produce  or  of  any  class  of 
agricultural produce as may have been declared to be free from liability under the provisions of the 
next following section; 

1. Subs. by Act 3 of 1921,  s. 2, for “shall release”. 
2. Subs. by Act 104 of 1976, s. 22, for certain words (w.e.f. 1-2-1977). 
3. Subs. by Act 46 of 1999, s. 5, “one thousand rupees” (w.e.f. 1-7-2002).  
4. Subs. by s. 5, ibid., by clause (b) (w.e.f. 1-7-2002). 
5. Ins. by Act 104 of 1976, s. 22 (w.e.f. 1-2-1977). 
6. Subs. by Act 46 of 1999, s. 5, for “five hundred rupees” (w.e.f. 1-7-2002).  
7. For amendments to s. 60, in its application to East Punjab, see the Punjab Relief of Indebtedness Act, 1934 (Pun. Act 7 of 

1934), s. 35, as amended by Pun. Acts 12 of 1940 and 6 of 1942.   

52 

                                                      
(c)  houses and other buildings (with the  materials and the sites thereof and the land immediately 
appurtenant thereto and necessary for their enjoyment) belonging to 1[an agriculturist or a labourer of 
a domestic servant] and occupied by him ; 

(d) books of account ; 
(e) a mere right to sue for damages ; 
(f) any right of personal service ; 
(g) stipends and gratuities allowed to pensioners of the Government 2[or of a local authority or of 
any  other  employer],  or  payable  out  of  any  service  family  pension  fund  3notified  in  the  Official 
Gazette by 4[the Central Government or the State Government] in this behalf, and political pensions; 

5[(h) the wages of labourers and domestic servants, whether payable in money or in kind; 
6***] 
7[(i) salary to the extent of 8[the first 9[ 10[one thousand rupees]] and two third of the remainder] 11[in 

execution of any decree other than a decree for maintenance]: 

12[Provided that where any part of such portion of the salary as is liable to attachment has been under 
attachment, whether continuously or intermittently, for a total period of twenty-four months, such portion 
shall  be exempt  from  attachment  until  the  expiry  of  a further  period  of  twelve  months, and,  where  such 
attachment  has  been  made  in  execution  of  one  and  the  same  decree,  shall,  after  the  attachment  has 
continued for a total period of twenty-four months, be finally exempt from attachment in execution of that 
deeree.]] 

11[(ia) one-third of the salary in execution of any decree for maintenance;] 
13[(j) the pay and allowances of persons to whom the Air Force Act, 1950 (45 of 1950) or the Army 

Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957), applies;]  

(k)  all  compulsory  deposits  and  other  sums  in  or  derived  from  any  fund  to  which  the  Provident  Funds  Act, 
14[1925], (19 of 1925), for the time being applies in so far as they are declared by the said Act not to be liable to 
attachment;   

15[(ka) all deposits and other sums in or derived from any fund to which the Public Provident Fund Act, 1968    

(23 of 1968), for the time being applies, in so far as they are declared by the said Act as not to be liable to attachment; 

(kb) all moneys payable under a policy of insurance on the life of the judgment-debtor; 
(kc)  the  interest  of  a  lessee  of  a  residential  of  building to which the provisions of law for the time 

being in force relating to control of rents and accommodation apply;] 

16[(1)  any  allowance  forming  part  of  the  emoluments  of  any  17[servant  of  the  18[Government]]  or  of  any 
servant of a railway company or local authority  which the  19[appropriate  Government]  may by  notification in 
the  Official  Gazette  declare  to  be  exempt  from  attachment,  and  any  subsistence  grant  or  allowance  made  to 
20[any such servant] while under suspension;] 

1. Subs. by Act 104 of 1976, s. 23, for “an agriculturist” (w.e.f. 1-2-1977) 
2. Ins. by s. 23, ibid. (w.e.f. 1-2-1977). 
3. For such a notification, see Gazette of India, 1909, Pt. I, p. 5. 
4. Subs. by the A.O. 1937, for “the G.G. in C.” 
5. Subs. by Act 9 of 1937, s. 2, for clauses (h) and (i). The amendments made by that section have no effect in respect of any 

proceedings arising out of a suit instituted before 1st June, 1937, see ibid., section 3. 

6. The words “and salary, to the extent of the first hundred rupees and one-half the remainder of such salary” omitted by Act 5 of 

1943,  s. 2. 

7. Subs. by s. 2, ibid., for clause (i) and the proviso. 
8. Subs. by Act 26 of 1963, s. 2, for “the first hundred rupees”. 
9. Subs. by Act 104 of 1976, s. 23, for “two hundred rupees and one-half the remainder” (w.e.f. 1-2-1977).  
10. Subs. by Act 46 of 1999, s. 6, for “four hundred rupees” (w.e.f. 1-7-2002). 
11. Ins. by Act 66 of 1956, s. 6 (w.e.f. 1-1-1957). 
12. Subs. by Act 104 of 1976, s. 23, for “the proviso” (w.e.f. 1-2-1977). 
13. Subs. by s. 23, ibid., for clause (j) (w.e.f. 1-2-1977). 
14. Subs. by Act 9 of 1937, s. 2, for “1897”.  
15. Ins. by Act 104 of 1976, s. 23 (w.e.f. 1-2-1977). 
16. Subs. by Act 9 of 1937, s. 2, for the original clause (l), see also footnote 3. 
17. Subs. by Act 5 of 1943, s. 2, for “public officer”. 
18. Subs. by the A.O. 1950 for “crown”. 
19. Subs. by the A.O. 1937, for “G.G. in C”.  
20. Subs. by Act 5 of 1943, s. 2, for “any such officer or servant”. 

53 

 
 
 
 
 
                                                      
(m) an expectancy of succession by survivorship or other merely contingent or possible right or interest;  
(n) a right to future maintenance; 
(o) any  allowance declared by 1[any Indian law] to be exempt from liability to attachment or sale in execution 

of a decree; and  

(p)  where the judgment-debtor is a person  liable  for the payment of land-revenue; any  movable property 
which, under any law for the time being applicable to him, is exempt from .sale for the recovery of an arrear of 
such revenue. 
2[Explanation  I. —The moneys payable in relation to the matters mentioned in clauses  (g), (h), (i), (ia), (j), (l) 
and (o) are exempt from attachment or sale,  whether before  or after they are actually payable, and, in the case of 
salary, the attachable portion thereof is liable to attachment, whether before or after it is actually payable.] 

3[  4[Explanation  II.  —In  clauses  (i)  and  (ia)],  “salary”  means  the  total  monthly  emoluments,  excluding  any 
allowance  declared  exempt  from  attachment  under  the  provisions  of  clause  (1),  derived  by  a  person  from  his 
employment whether on duty or on leave.] 

5[Explanation 6[III]—In clause (1) “appropriate Government” means—  

(i)  as  respects  any  7[person]  in  the  service  of  the  Central  Government,  or  any  servant  of  8[a  Railway 

Administration] or of a cantonment authority or of the port authority of a major port, the Central Government; 
9* 

* 

* 

* 

* 

(iii) as respects any other  10[servant of the  11[Government]] or a servant of any other  12*** local authority, the State 

Government.] 
13[Explanation IV—For the purposes of this proviso, “wages” includes bonus, and “labourer” includes a skilled unskilled or 

semi-skilled labourer. 

Explanation  V—For  the  purposes  of  this  proviso,  the  expression  “agriculturist”  means  a  person  who  cultivates  land 
personally and who depends for his livelihood mainly on the income from agricultural land, whether as owner, tenant, partner or 
agricultural labourer. 

Explanation  VI—For  the  purposes  of  Explanation  V  an  agriculturist  shall  be  deemed  to  cultivate  land  personally,  if  he 

cultivates land—  

(a) by his own labour, or 
(b) by the labour of any member of his family, or 
(c) by servants or labourers on wages payable in cash or in kind (not being as a share of the produce), or 

both.] 
13[(IA) Notwithstanding anything contained in any other law for the time being in force, an agreement by which a person 

agrees to waive the benefit of any exemption under this section shall be void.] 

(2) Nothing in this section shall be deemed  14*** to exempt houses and other buildings (with the materials and the 
sites thereof and the lands immediately appurtenant thereto and necessary for their enjoyment) from attachment or sale in 
execution of decrees for rent of any such house, building, site or land 15*** 

16*   

* 

Kerala.— 

* 

* 

STATE AMENDMENTS 

* 

In clause (g) of the Proviso to sub-section (1) of section 60, after the words “stipends and gratuities allowed 

by pensioners of the Government” the words “or of a local authority” shall be inserted. 

[Vide Kerala Act 13 of 1957, s. 3] 

1. Subs. by the A.O. 1937, for “any law passed under the Indian Councils Act 1861 and 1892”. 
2. Subs. by Act 104 of 1976, s. 23, for Explanation I (w.e.f. 1-2-1977). 
3. Added by Act 9 of 1937, s. 2, The amendments made by that section shall not effect in respect of any proceeding arising out of any 

suit instituted before 1st June, 1937, see ibid., section 3.  

4. Subs. by Act 104 of 1976, s. 23, “Explanation 2. —in clauses (h) and (i)” (w.e.f. 1-2- 1977). 
5. Ins. by the A.O. 1937. 
6. Subs. by Act 104 of 1976, s. 23, for figure “3” (w.e.f. 1-2-1977). 
7. Subs. by Act 5 of 1943, s. 2, for “Public officer”. 
8. Subs. by the  A.O. 1950, for “a Federal Railway”.  
9. Clause (ii) omitted by the A.O. 1948. 
10. Subs. by Act 5 of 1943, s. 2, for “public officer”. 
11.  Subs. by the A.O. 1950 for “crown”. 
12. The words “railway or” omitted by the A.O. 1950.  
13. Ins. by Act 104 of 1976, s. 23 (w.e.f. 1-2-1977). 
14. The brackets and letter “(a)”, rep. by Act 10 of 1914, s. 3 and the Second Schedule. 
15. The word “or” rep. by, s. 3, ibid., and the Second Schedule. 
16. Clause (b) rep. by, s. 3 ibid., and the Second Schedule. 

54 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
In the proviso to sub section (1) of section 60 of the Code of Civil Procedure, 1908 (Central Act 5 

of 1908), after clause (g), the following clause shall be inserted, namely: — 

“(gg) all moneys payable to the beneficiaries under the Family Benefit Scheme for the employees 

of the Government of Kerala.” 
[Vide Kerala Act 1 of 1988, s. 2.]   

Himachal Pradesh.— 

Amendment in section 60. — (1) In Section 60 sub-section (1): 

(i) at the end of clause (c), add the following: 

or compensation paid for such houses and buildings (including compensation for the materials and 

the sites and the land referred to above) acquired for a public purpose; 
(ii) after clause (c), the following clause shall be inserted, namely: — 

(cc) compensation paid for agricultural lands belonging to agriculturists and acquired for a public 

purpose; 
[Vide Himachal Pradesh Act 6 of 1956, sec. 2.] 

Tamil Nadu 

Amendment of section 60, Central Act V of 1908.—In clause (g) of the proviso to sub-section (1) of 
section  60  of  the  Code  of  Civil  Procedure,  1908,  after  the  words  “stipends  and  gratuities  allowed  to 
pensioners of the Government”, the words “or of a authority” shall be inserted. 
[Vide Tamil Nadu Act XXXIV of 1950, s. 2] 
Rajasthan 

Amendment of section 60, Central Act V of 1908.-In clause (b) of the proviso to sub-section (1) of 
section 60 of the code of Civil Procedure, 1908 (Central Act V of 1908) in its application to the State of 
Rajasthan, after the word, “agriculturist” the words “his milch cattle and those likely to calve within two 
years” shall be inserted. 
[Vide Rajasthan Act 19 of 1958, s. 2] 

Amendment of section 60, Central Act V of 1908.- In the proviso to sub-section (1) of section 60 of 
the  Code  of  Civil  Procedure,  1908  (Central  Act  V  of  1908)  in  the  application  thereof  to  the  State  of 
Rajasthan,- 

(i) after clause (k), the following clause shall be inserted, namely:- 

(kk) moneys payable under Life Insurance Certificates issued in pursuance of the Rajasthan 

Government Servants Insurance Rules, 1953;" and 
(ii) after explanation 3 the following explanation shall be inserted, namely:- 

''Explanation  4.-Where  any  money  payable  to  a  Government  servant  of  the  State  is  exempt  from 
attachment  under  the  provision  contained  in  clause  (kk),  such  money  shall  remain  exempt  from  attachment 
notwithstanding the fact that owing to the death of a Government servant it is payable to some other person." 

[Vide Rajasthan Act 16 of 1957, s. 2] 
Uttar Pradesh 

Addition of explanation (1-A) to sub-section (1) of section 60.— After Explanation (1) of sub-section (1) of 

section 60 of the Code  of  Civil  Procedure,  1908,  insert the  following  Explanation  (I-A) ; 

“Explanation (I-A) — Particulars mentioned in clause (c) are exempt from sale in execution of a 
decree  whether  passed  before  or after the commencement of the Code of  Civil  Procedure  (United 
Provinces Amendment) Act, 1908, for enforcement of a mortgage or charge thereon”. 

[Vide Uttar Pradesh Act XXXV of 1948, s. 2] 

61. Partial exemption of agricultural produce.—The State Government 1*** may, by general or special order 
published in the Official Gazette, declare that such portion of agricultural produce, or of any  class of agricultural 
produce, as may appear to the State Government to be necessary for the purpose of providing until the 
next harvest for the due cultivation of the land and for the support of the judgment-debtor and his family, shall, in 
the  case  of  all  agriculturists  or  of  any  class  of  agriculturists,  be  exempted  from  liability  to  attachment  or  sale  in 
execution of a decree. 

1. The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, s. 2 and the First Schedule Pt 1.  

55 

                                                      
62. Seizure of property in dwelling-house.—(1) No person executing any process under this Code directing or 

authorizing seizure of movable property shall enter any dwelling-house after sunset and before sunrise. 

(2) No outer door of a dwelling-house shall be broken open unless such dwelling-house is in the occupancy of 
the judgment-debtor and he refuses or in any way prevents access thereto, but when the person executing any such 
process  has  duly  gained  access  to  any  dwelling-house,  he  may  break  open  the  door  of any  room  in  which  he  has 
reason to believe any such property to be. 

(3) Where a room in a dwelling-house is in the actual occupancy of a woman who, according to the customs of the 
country, does not appear in public, the person executing the process shall give notice to such woman that she is at liberty 
to withdraw; and, after allowing reasonable time for her to withdraw and giving her reasonable facility for withdrawing, he 
may enter such room for the purpose of seizing the property, using at the same time every precaution, consistent with these 
provisions, to prevent its clandestine removal. 

63. Property attached in execution of decrees of several Courts.—(1) Where property not in the custody of any 
Court is under attachment in execution of decrees of more Courts than one, the Court which shall receive or realize such 
property and shall determine any claim thereto and any objection to the   attachment thereof shall be the Court of highest 
grade, or, where there is no difference in grade between such Courts, the Court under whose decree the property was first 
attached. 

(2) Nothing in this section shall be deemed to invalidate any proceeding taken by a Court executing one of such 

decrees. 

1[Explanation.—For  the  purposes  of  sub-section  (2),  “proceeding  taken  by  a  Court”  does  not  include  an  order 
allowing, to a decree-holder who has purchased property at a sale held in execution of a decree, set off to the extent 
of the purchase price payable by him.] 

64. Private alienation of property after attachment to be void. —2[(1)] Where an attachment has been made, 
any private transfer or delivery of the property attached or of any interest therein and any payment to the judgment-
debtor  of  any  debt,  dividend  or  other  monies  contrary  to  such  attachment,  shall  be  void  as  against  all  claims 
enforceable under the attachment. 

3[(2)  Nothing  in  this  section  shall  apply  to  any  private  transfer  or  delivery  of  the  property  attached  or  of  any 
interest therein, made in pursuance of any contract for such transfer or delivery entered into and registered before the 
attachment.] 

Explanation.—For  the  purpose  of  this  section,  claims  enforceable  under  an  attachment  include  claims  for  the  rateable 

distribution of assets. 

S A L E  

65. Purchaser’s title.—Where immovable property is sold in execution of a decree and such sale has become absolute, the 
property shall be deemed to have vested in the purchaser from the time when the property is sold and not from the time when the 
sale becomes absolute. 

66. [Suit purchase being on behalf of plaintiff.]— Rep. by Act, 1988 (45 of 1988), s. 7 (w.e.f. 19-5-1988).  

67.  Power  for  State  Government  to  make  rules  as  to  sales  of  land  in  execution  of  decrees  for  payment  of  money.  —  4[(1)]  The  State 
Government 5*** may, by notification in the Official Gazette, make rules for any local area imposing conditions in respect of the sale of any class of 
interests in land in execution of decrees for the payment of money, where such interest are so uncertain or undetermined as, in the opinion of the State 
Government, to make it impossible to fix their value. 

6[(2)  When  on  the  date  on  which  this  Code  came  into  operation  in  any  local  area,  any  special  rules  as  to  sale  of  and  in 
execution of decrees were in force therein, the State Government may, by notification in the Official Gazette declare such rules to 
be in force, or may 5*** by a like notification, modify the same. 

Every  notification  issued  in  the  exercise  of  the  powers  conferred  by  this  sub-section  shall  set  out  the  rules  so 

continued or modified.] 

7[(3)  Every  rule  made  under  this  section  shall  be  laid,  as  soon  as  may  be  after  it  is  made,  before  the  State 

Legislature.] 

1. Explanation  ins. by Act 104 of 1976, s. 24 (w.e.f. 1-2-1977). 
2. Section 64 renumbered as sub-section (1) by Act 22 of 2002, s. 3 (w.e.f. 1-7-2002). 
3. Ins. by, Act 22 of 2002, s. 3, (w.e.f. 1-7-2002). 
4. Section 67 renumbered as sub-section (1) by Act 1 of 1914, s. 3. 
5. The words “with the previous sanction of the G.G. in C.” omitted by Act 38 of 1920, s. 2 and the Schedule, Pt. 1.    
6. Added by Act 1 of 1914, s. 3. 
7. Ins. by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984). 

56 

 
 
 
                                                      
DELEGATION TO COLLECTOR OF POWER TO EXECUTE DECREES 
AGAINST IMMOVABLE PROPERTY 
68. [Power to prescribe rules for transferring to collector execution of certain decrees .]— Rep. by the Code 

of Civil Procedure (Amendment) Act, 1956 (66 of 1956), s. 7 (w.e.f. 1-1-1957). 

69. [Provisions of Third Schedule to apply.]— Rep. by s. 7 ibid, (w.e.f. 1-1-1957). 
70. [Rules of Procedure.]—  Rep. by s. 7 ibid, (w.e.f. 1-1-1957). 
71. [Jurisdiction of Civil Courts barred.]— Rep. by s. 7 ibid, (w.e.f. 1-1-1957). 
72. [Collector to deemed to be acting judicially.]— Rep. by s. 7 ibid, (w.e.f. 1-1-1957). 

DISTRIBUTION OF ASSETS 

73. Proceeds of execution-sale to be rateably distributed among decree-holders.—(1) Where assets are held 
by a Court and more persons than one have, before the receipt of such assets, made application to the Court for the 
execution  of  decrees  for  the  payment  of  money  passed  against  the  same  judgment-debtor  and  have  not  obtained 
satisfaction thereof, the assets, after deducting the costs of realization, shall be rateably distributed among all such 
persons: 

Provided as follows:—  

(a) where  any property is sold subject to a mortgage or charge, the  mortgage or incumbrancer shall not be 

entitled to share in any surplus arising from such sale; 

(b) where any property liable to be sold in execution of a decree is subject to a mortgage or charge, the Court 
may, with the consent of the mortgagee or incumbrancer, order that the property be sold free from the mortgage 
or charge, giving to the mortgagee or incumbrancer the same interest in the proceeds of the sale as he had in the 
property sold; 

(c) where any immovable property is sold in execution of a decree ordering its sale for the discharge of an 

incumbrance thereon, the proceeds of sale shall be applied—  

First, in defraying the expenses of the sale; 

Secondly, in discharging the amount due under the decree; 

Thirdly,  in  discharging  the  interest  and  principal  monies  due  on  subsequent  incumbra nces                           

(if any); and     

Fourthly, rateably among the holders of decrees for the payment of money against the judgment-debtor, 
who have, prior to the sale of the property, applied to the Court which passed the decree ordering such sale 
for execution of such decrees, and have no obtained satisfaction thereof. 

(2) Where all or any of the assets liable to be rateably distributed under this section are paid to a person 
not entitled to receive the same, any person so entitled may sue such person to compel him to refund the assets. 

(3) Nothing in this section affects any right of the Government.  

RESISTANCE TO EXECUTION 

74.  Resistance to execution.— Where the Court is satisfied that the holder of a decree for the possession of 
immovable property or that the purchaser of immovable property sold in execution of a decree has been resisted or 
obstructed  in  obtaining  possession  of  the  property  by  the  judgment-debtor  or  some  person  on  his  behalf  and  that 
such  resistance  or  obstruction  was  without  any  just  cause,  the  Court  may,  at  the  instance  of  the  decree-holder  or 
purchaser, order the judgment-debtor or such other person to be detained in the civil prison for a term which may 
extend  to  thirty  days  and  may  further  direct  that  the  decree-holder  or  purchaser  be  put  into  possession  of  the 
property. 

75. Power of Court to issue commissions.—Subject to such conditions and limitations as may be prescribed, 

PART III 
INCIDENTAL PROCEEDINGS 
COMMISSIONS 

the Court may issue a commission—  

(a) to examine any person; 

(b) to make a local investigation; 

(c) to examine or adjust accounts; or 

(d) to make a partition; 

1[(e) to hold a scientific, technical, or expert investigation; 

1. Ins. by Act 104 of 1976, s. 26 (w.e.f. 1-2-1977). 

57 

  
                                                      
 (f) to conduct sale of property which is subject to speedy and natural decay and which is in the 

custody of the Court pending the determination of the suit; 

 (g) to perform any ministerial act.] 

76.  Commission  to  another  Court.—(1)  A  commission  for  the  examination  of  any  person  may  be 
issued to any Court (not being a High Court) situate in a State other than the State in which the Court of 
issue is situate and having jurisdiction in the place in which the person to be examined resides. 

(2) Every Court receiving a commission for the examination of any person under sub-section (1) shall 
examine him or cause him to be examined pursuant thereto, and the commission, when it has been duly 
executed,  shall  be  returned  together  with  the  evidence  taken  under  it  to  the  Court  from  which  it  was 
issued, unless the order for issuing the commission has otherwise directed, in which case the commission 
shall be returned in terms of such order. 

77.  Letter  of  request.—In  lieu  of  issuing  a  commission  the  Court  may  issue  a  letter  of  request  to 

examine a witness residing at any place not within 1[India.] 

2[78. Commissions issued by foreign Courts.—Subject to such conditions and limitations as may be 
prescribed the provisions as to the execution and return of commissions for the examination of witnesses 
shall apply to commissions issued by or at the instance of—  

(a) Courts situate in any part of India to which the provisions of this Code do not extend; or 
(b) Courts established or continued by the authority of the Central Government outside India; or 
(c) Courts of any State or country outside India.]  
PART IV 
SUITS IN PARTICULAR CASES 

SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY 
3[79. Suits by or against Government.—In a suit by or against the Government, the authority to be 

named as plaintiff or defendant, as the case may be, shall be—  

(a)  in the case of a suit by or against the Central Government, 4[the Union of India], and 
(b) in the case of a suit by or against a State Government, the State.] 

80.  Notice.—  5[(1)]  6[  Save  as  otherwise  provided  in  sub-section  (2),  no  suits  7[shall  be  instituted] 
against  the  Government  (including  the  Government  of  the  State  of  Jammu  and  Kashmir)]  or  against  a 
public officer in respect of any act purporting to be done by such public officer in his official capacity, 
until the expiration of two months next after notice in writing has been 8[delivered to, or left at the office 
of—] 

(a) in the case of a suit against the Central Government,  9[except where it relates to a railway] a 

Secretary to that Government; 

10[(b)] in the case of a suit against the Central Government where it relates to railway, the General 

Manager of that railway; 

11[(bb) in the case of a suit against the Government of the State of Jammu and Kashmir, the Chief 

Secretary to that Government or any other officer authorized by that Government in this behalf;] 

(c) in the case of a suit against 12[any other State Government], a Secretary to that Government or 

the Collector of the district; 13*** 

14* 

        * 

             * 

          *  

    * 

1. Subs. by Act 2 of 1951, s. 3, for “the States”. 
2. Subs. by Act 2 of 1951, s. 11, for section 78 (w.e.f. 1-4-1951). 
3. Subs by the A.O. 1948, for section 79. 
4. Subs. by the A.O. 1950, for “the Dominion of India”. 
5. S. 80 renumbered as sub-section (1) by Act 104 of 1976, s. 27 (w.e.f. 1-2-1977). 
6. Subs. by s. 27, ibid., for “No suit shall be instituted” (w.e.f. 1-2-1977). 
7. Subs. by Act 26 of 1963, s. 3, for “shall be instituted against the Government” (w.e.f. 5-6-1964). The words in italics were 

subs. by the A.O. 1948, for “Instituted against the Crown”  

8. Subs. by the A.O. 1937, for “in the case of the Secretary of State in Council, delivered to, or left at the office of a Secretary to 

the L.G. or the Collector of the District”. 

9. Ins. by Act 6 of 1948, s. 2. 
10. Clause (aa) ins. by Act 6 of 1948, s. 2 and relattered as clause (b) and the Former clause (b) omitted by the A.O. 1948. 
11. Ins. by Act 26 of 1963, s. 3 (w.e.f. 5-6-1964). 
12. Subs. by s. 3, ibid., for “a State Government” (w.e.f. 5-6-1964). 
13. The word “and” omitted by the A.O. 1948.  
14. Clause (d) omitted ibid.  

58 

 
 
 
 
 
                                                      
and, in the case of a public officer, delivered to him or left at his office, stating the cause of  action, the 
name,  description  and  place  of  residence  of  the  plaintiff  and  the  relief  which  he  claims;  and  the  plaint 
shall contain a statement that such notice has been so delivered or left. 

1[(2)  A  suit  to  obtain  an  urgent  or  immediate  relief  against  the  Government  (including  the 
Government of the State of Jammu and Kashmir) or any public officer in respect of any act purporting to 
be  done  by  such  public  officer  in  his  official  capacity,  may  be  instituted,  with  the  leave  of  the  Court, 
without serving any notice as required by sub-section (1); but the Court shall not grant relief in the suit, 
whether interim or otherwise, except after giving to the Government or public officer, as the case may be, 
a reasonable opportunity of showing cause in respect of the relief prayed for in the suit: 

Provided that the Court shall, if it is satisfied, after hearing the parties, that no urgent or immediate 
relief  need  be  granted  in  the  suit,  return  the  plaint  for  presentation  to  it  after  complying  with  the 
requirements of sub-section (1). 

(3)  No  suit  instituted  against  the  Government  or  against  a  public  officer  in  respect  of  any  act 
purporting to be done by such public officer in his official capacity shall be dismissed merely by reason 
of any error or defect in the notice referred to in sub-section (1), if in such notice—  

(a)  the  name,  description  and  the  residence  of  the  plaintiff  had  been  so  given  as  to  enable  the 
appropriate  authority  or the  public  officer  to identify  the  person serving  the  notice  and  such  notice 
had been delivered or left at the office of the appropriate authority specified in sub-section (1), and 

(b) the cause of action and the relief claimed by the plaintiff had been substantially indicated.] 

81. Exemption from arrest and personal appearance.—In a suit instituted against a public officer 

in respect of any act purporting to be done by him in his official capacity—  

(a)  the  defendant  shall  not  be  liable  to  arrest  nor  his  property  to  attachment  otherwise  than  in 

execution of a decree, and, 

(b)  where the  Court is satisfied that the  defendant  cannot absent  himself from  his duty  without 

detriment to the public service, it shall exempt him from appearing in person. 

82.  Execution  of  decree.—2[(1)  Where,  in  a  suit  by  or  against  the  Government  or  by  or  against  a 
public officer in respect of any act purporting to be done by him in his official capacity, a decree is passed 
against the Union of India or a State or, as the case may be, the public officer, such decree shall not be 
executed except in accordance with the provisions of sub-section (2).] 

(2) Execution shall not be issued on any such decree unless it remains unsatisfied for the period of 

three months computed from the date of 3[such decree]. 

4[(3) The provisions of sub-sections (1) and (2) shall apply in relation to an order or award as they 

apply in relation to a decree, if the order or award—  

(a) is passed or made against 5[the Union of India] or a State or a public officer in respect of any 

such act as aforesaid, whether by a Court or by any other authority; and 

(b) is capable of being executed under the provisions of this Code or of any other law for the time 

being in force as if it were a decree.] 

1. Ins. by Act 104 of 1976, s. 27 (w.e.f. 1-2-1977). 
2. Subs. by s. 28, ibid., for sub-section (1) (w.e.f. 1-2-1977). 
3. Subs. by Act 104 of 1976, s. 28, for “such report” (w.e.f. 1-2-1977). 
4. Ins. by Act 32 of 1949, s. 2. 
5. Subs. by the A.O. 1950, for “the Dominion of India”. 

59 

                                                      
1[SUITS BY ALIENS AND BY OR AGAINST FOREIGN RULERS, AMBASSADORS AND ENVOYS] 

83.  When  aliens  may  sue.—Alien  enemies  residing  in  India  with  the  permission  of  the  Central 
Government,  and  alien  friends,  may  sue  in  any  Court  otherwise  competent  to  try  the  suit,  as  if  they  were 
citizens of India, but alien enemies residing in India without such permission, or residing in a foreign country, 
shall not sue in any such Court. 

Explanation. —Every person residing in a foreign country, the Government of which is at war with India 
and carrying on business in that country without a licence in that behalf granted by the Central Government, 
shall, for the purpose of this section, be deemed to be an alien enemy residing in a foreign country. 

84. When foreign States may sue.—A foreign State may sue in any competent Court: 

Provided that the object of the suit is to enforce a private right vested in the Ruler of such State or in 

any officer of such State in his public capacity. 

85.  Persons  specially  appointed  by  Government  to  prosecute  or  defend  on  behalf  of  foreign      

Rulers.—(1) The Central Government may, at the request of the Ruler of a foreign State or at the request of 
any  person competent  in the  opinion  of the  Central  Government to  act  on behalf  of  such  Ruler,  by order, 
appoint any persons to prosecute or defend any suit on behalf of such Ruler, and any persons so appointed 
shall be deemed to be the recognized agents by whom appearances, acts and applications under this Code 
may be made or done on behalf of such Ruler. 

(2) An appointment under this section may be made for the purpose of a specified suit or of several 
specified suits, or for the purpose of all such suits as it may from time to time be necessary to prosecute or 
defend on behalf of such Ruler. 

(3)  A  person  appointed  under  this  section  may  authorise  or  appoint  any  other  persons  to  make 

appearances and applications and do acts in any such suit or suits as if he were himself a party thereto. 

86. Suits against foreign Rulers, Ambassadors and Envoys.—(1) No.  2*** foreign State may be 
sued in any Court otherwise competent to try the suit except with the consent of the Central Government 
certified in writing by a Secretary to that Government: 

Provided that a person may, as a tenant of immovable property, sue without such consent as aforesaid 

3[a foreign State] from whom he holds or claims to hold the property. 

(2)  Such consent  may  be  given  with respect  to  a  specified  suit  or  to  several  specified  suits or  with 
respect to all suits of any specified class or classes, and may specify, in the case of any suit or class of 
suits, the Court in which 4[the foreign State] may be sued, but it shall not be given, unless it appears to the 
Central Government that 4[the foreign State]—  

(a) has instituted a suit in the Court against the person desiring to sue 5[it], or 

(b) by 6[itself] or another, trades within the local limits of the jurisdiction of the Court, or 

(c) is in possession of immovable property situate within those limits and is to be sued with reference to 

such property or for money charged thereon, or 

(d) has expressly or impliedly waived the privilege accorded to 5[it] by this section. 
 7[(3)  Except  with  the  consent  of  the  Central  Government,  certified  in  writing  by  a  Secretary  to  that 

Government, no decree shall be executed against the property of any foreign State.] 

(4) The preceding provisions of this section shall apply in relation to— 

8[(a) any ruler of a foreign State;] 

1. Subs. by Act 2 of 1951, s. 12, for the former heading and sub-sections 83 to 87 (w.e.f. 1-4-1951).  
2. The words “Ruler of a” omitted by  Act 104 of 1976, s. 29 (w.e.f. 1-2-1977).  
3. Subs. by s. 29, ibid., for “a Ruler” (w.e.f. 1-2-1977).  
4. Subs. by s. 29, ibid., for “the Ruler (w.e.f. 1-2-1977). 
5. Subs. by s. 29, ibid., for “him” (w.e.f. 1-2-1977). 
6. Subs. by Act 104 of 1976, s. 29, for “himself” (w.e.f. 1-2-1977).  
7. Subs. by s. 29, ibid., for sub-section (3) (w.e.f. 1-2-1977). 
8. Ins. by s. 29, ibid. (w.e.f. 1-2-1977). 

60 

                                                      
1[(aa)] any Ambassador or Envoy of a foreign State; 

(b) any High Commissioner of a Commonwealth country; and 

(c) any such member of the staff  2[of the foreign State or the staff or retinue of the Ambassador] or 
Envoy of a foreign State or of the High Commissioner of a Commonwealth country as the Central Government 
may, by general or special order, specify in this behalf. 

3[as they apply in relation to a foreign State]. 

4[(5) The following persons shall not be arrested under this Code, namely: — 

(a) any Ruler of a foreign State;   

(b) any Ambassador or Envoy of a foreign State; 

(c) any High Commissioner of a Commonwealth country; 

(d) any such member of the staff of the foreign State or the staff or retinue of the Ruler, Ambassador 
or  Envoy  of  a  foreign  State  or  of  the  High  Commissioner  of  a  Commonwealth  country,  as  the  Central 
Government may, by general or special order, specify in this behalf. 

(6)  Where  a  request  is  made  to  the  Central  Government  for  the  grant  of  any  consent  referred  to  in            

subsection (1), the Central Government shall, before refusing to accede to the request in whole or in part, give 
to the person making the request a reasonable opportunity of being heard.] 

87. Style of foreign Rulers as parties to suits.—The Ruler of a foreign State may sue, and shall be sued, 

in the name of his State: 

Provided that in giving the consent referred to in section 86, the Central Government may direct that the 

Ruler may be sued in the name of an agent or in any other name. 

87A. Definitions of “Foreign State” and “Rulers”.— (1) In this Part,—  

(a)  “foreign  State”  means  any  State  outside  India  which  has  been  recognised  by  the  Central 

Government; and 

(b) “Ruler”, in relation to a foreign State, means the person who is for the time being recognized by 

the Central Government to be the head of that State. 

(2)  Every Court shall take judicial notice of the fact—  

(a) that a State has or has not been recognized by the Central Government; 

(b) that a person has or has not been recognized by the Central Government to be the head of a State. 

SUITS AGAINST RULERS OF FORMER INDIAN STATES 

87B. Applications of sections 85 and 86 to Rulers of former Indian States.—5[(1) In the case of any 
suit by or against the Ruler of any former Indian State which is based wholly or in part upon a cause of action 
which  arose  before  the  commencement  of  the  Constitution  or  any  proceeding  arising  out  of  such  suit,  the 
provisions of section 85 and sub-sections (1) and (3) of section 86 shall apply in relation to such Ruler as they 
apply in relation to the Ruler of a foreign State.] 

  (2) In this section—  

(a)  “former  Indian  State”  means  any  such  Indian  State  as  the  Central  Government  may,  by 

notification in the Official Gazette, specify for the purposes of this ; 6***  

1. Clause (a) re-lettered as clause (aa) by Act 104 of 1976, s. 29 (w.e.f. 1-2-1977). 
2. Subs. by s. 29, ibid, for “or retinue of the Ruler, Ambassador” (w.e.f. 1-2-1977). 
3. Subs. by s. 29, ibid, for “as they apply in relation to the Ruler of a foreign State” (w.e.f. 1-2-1977). 
4. Ins. by s. 29, ibid.  (w.e.f. 1-2-1977). 
5. Subs. by Act 54 of 1972, s. 3, for sub-section (1) (w.e.f. 9-9-1972). 
6. The word “and” omitted by s. 3, ibid. (w.e.f. 9-9-1972).  

61 

                                                      
1[(b) “Commencement of the Constitution” means the 26th day of January, 1950; and 

(c)  “Ruler”, in  relation  to a  former  Indian  State,  has the  same  meaning  as  in  article  363  of the 

Constitution. ] 

INTERPLEADER 

88.  Where  interpleader  suit  may  be  instituted.—Where  two  or  more  persons  claim  adversely  to 
one  another  the  same  debts,  sum  of  money  or  other  property,  movable  or  immovable,  from  another 
person, who claims no interest therein other than for charges or costs and who is ready to pay or deliver it 
to the rightful claimant, such other person may institute a suit of interpleader against all the claimants for 
the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made and 
of obtaining indemnity for himself: 

Provided that where any suit is pending in which the rights of all parties can properly be decided, no 

such suit of interpleader shall be instituted. 

PART V 

SPECIAL PROCEEDINGS 

ARBITRATION 

2[89. Settlement of disputes outside the Court.—(1) Where it appears to the Court that there exist 
elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of 
settlement and give them to the parties for their observations and after receiving the observations of the 
parties, the Court may reformulate the terms of a possible settlement and refer the same for:—  

(a) arbitration; 

(b) conciliation; 

(c) judicial settlement including settlement through Lok Adalat; or 

(d) mediation. 

(2) Were a dispute has been referred—  

(a)  for  arbitration  or  conciliation,  the  provisions  of  the  Arbitration  and  Conciliation                           

Act, 1996 (26 of 1996) shall apply as if the proceedings for arbitration or conciliation were referred 
for settlement under the provisions of that Act; 

(b) to Lok Adalat, the Court shall refer the same to the Lok Adalat in accordance with the provisions 
of  sub-section  (1)  of  section  20  of  the  Legal  Services  Authority  Act,  1987  (39  of  1987)  and  all  other 
provisions of that Act shall .apply in respect of the dispute so referred to the Lok Adalat; 

(c) for judicial  settlement,  the  Court  shall  refer  the  same  to  a  suitable  institution  or  person  and 
such  institution  or  person  shall  be  deemed  to  be  a  Lok  Adalat  and  all  the  provisions  of  the  Legal 
Services Authority Act, 1987 (39 of 1987) shall apply as if the dispute were referred to a Lok Adalat 
under the provisions of that Act; 

(d) for mediation, the Court shall effect a compromise between the parties and shall follow such 

procedure as may be prescribed.] 

SPECIAL CASE 

90. Power to state case for opinion of Court.—Where any person agree in writing to state a case for 

the opinion of the Court, then the Court shall try and determine the same in the manner prescribed. 

1. Subs. by Act 54 of 1972, s. 3, for clause (b) (w.e.f. 9-9-1972). 
2. Ins. by Act 46 of 1999, s. 7 (w.e.f. 1-7-2002),  Earlier rep by Act 10 of 1940, s. 49 or the Third Schedule. 

62 

 
 
                                                      
1[PUBLIC NUISANCES AND OTHER WRONGFUL ACTS AFFECTING THE PUBLIC] 

91.  Public  nuisances  and  other  wrongful  acts  affecting  the  public.—2[(1)  In  the  case  of  a  public 
nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction 
or for such other relief as may be appropriate in the circumstances of the case, may be instituted,—  

(a) by the Advocate-General, or 

(b) with the leave of the Court, by two or more persons, even though no special damage has been 

caused to such persons by reason of such public nuisance or other wrongful act.] 

(2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may 

exist independently of its provisions. 

392.  Public  charities.—(1)  In  the  case  of  any  alleged  breach  of  any  express  or  constructive  trust 
created  for  public  purposes  of  a  charitable  or  religious  nature,  or  where  the  direction  of  the  Court  is 
deemed necessary for the administration of any such trust, the Advocate-General, or two or more persons 
having an interest in the trust and having obtained the  4[leave of the Court,] may institute a suit, whether 
contentious or not, in the principal Civil Court of original jurisdiction or in any other Court empowered in 
that behalf by the State Government within the local limits of whose jurisdiction the whole or any part of 
the subject-matter of the trust is situate to obtain a decree :—  

(a) removing any trustee; 

(b) appointing a new trustee; 

(c) vesting any property in a trustee; 
5[(cc)  directing  a trustee  who  has  been  removed  or  a person  who  has ceased to be  a trustee, to 
deliver possession of any trust property in his possession to the person entitled to the possession of 
such property]; 

(d) directing accounts and inquiries; 

(e) declaring what proportion of the trust property or of the interest therein shall be allocated to 

any particular object of the trust; 

(f) authorizing the whole or any part of the trust property to be let, sold, mortgaged or exchanged; 

(g) settling a scheme; or 

(h) granting such further or other relief as the nature of the case may require. 

(2)  Save  as  provided  by  the  Religious  Endowments  Act,  1863  (XX  of  1863),  6[or  by  any 
corresponding law in force in  7[the territories which, immediately before the 1st November, 1956, were 
comprised  in  Part  B  States]],  no  suit  claiming  any  of  the  reliefs  specified  in  sub-section  (1)  shall  be 
instituted in respect of any such trust as is therein referred to except in conformity with the provisions of 
that sub-section. 

8[(3) The Court may alter the original purposes of an express or constructive trust created for public 
purposes of a charitable or religious nature and allow the property or income of such trust or any portion 
thereof to be applied cy pres in one or more of the following circumstances, namely:—  

(a) where the original purposes of the trust, in whole or in part:—  

(i) have been, as far as may be, fulfilled; or 

(ii) cannot be carried out at all, or cannot be carried out according to the directions given in 
the instrument creating the trust or, where there is no such instrument, according to the spirit of 
the trust; or 

1. Subs. by Act 104 of 1976, s. 30, for the former headings (w.e.f. 1-2-1977). 
2. Subs. by s. 30, ibid., for sub-section (1) (w.e.f. 1-2-1977). 
3. S. 92 shall not apply to any religious trust in Bihar, see Bihar Act 1 of 1951. 
4. Subs. by Act 104 of 1976, s. 31, for “consent in writing of the Advocate-General” (w.e.f. 1-2-1977).  
5. Ins. by Act 66 of 1956, s. 9 (w.e.f. 1-1-1957). 
6. Ins. by Act 2 of 1951, s. 13 (w.e.f. 1-4-1951). 
7. Subs. by the A.O. (No. 2), 1956, for “a Part B State”.  
8. Ins. by Act 104 of 1976, s. 31 (w.e.f. 1-2-1977). 

63 

                                                      
(b) where the original purposes of the trust provide a use for a part only of the property available by 

virtue of the trust; or 

(c)  where  the  property  available  by  virtue  of  the  trust  and  other  property  applicable  for  similar 
purposes  can  be  more  effectively  used  in  conjunction  with,  and  to  that  end  can  suitably  be  made 
applicable to any other purpose, regard being had to the spirit of the trust and its applicability to common 
purposes; or 

(d) where the original purposes, in whole or in part, were laid down by reference to an area which then 

was, but has since ceased to be, a unit for such purposes; or 

(e) where the original purposes, in whole or in part, have, since they were laid down:—  

(i) been adequately provided for by other means, or 
(ii) ceased, as being useless or harmful to the community, or 
(iii) ceased to be, in law, charitable, or 
(iv)  ceased  in  any  other  way  to  provide  a  suitable  and  effective  method  of  using  the  property 

available by virtue of the trust, regard being had to the spirit of the trust.] 
93. Exercise of powers of Advocate-General outside presidency-towns.—The powers conferred by 
sections  91  and  92  on  the  Advocate-General  may,  outside  the  presidency-towns,  be,  with  the  previous 
sanction  of  the  State  Government,  exercised  also  by  the  Collector  or  by  such  officer  as  the  State 
Government may appoint in this behalf. 

PART VI 

SUPPLEMENTAL PROCEEDINGS 

94.  Supplemental  proceedings.—In  order  to  prevent  the  ends  of  justice  from  being  defeated  the 

Court may, if it is so prescribed, —  

(a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should 
not give security for his appearance, and if he fails to comply with any order for security commit him to 
the civil prison; 

(b) direct the defendant to furnish security to produce any property belonging to him and to place 

the same at the disposal of the Court or order the attachment of any property; 

(c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to 

the civil prison and order that his property be attached and sold; 

(d) appoint a receiver of any property and enforce the performance of his duties by attaching and 

selling his property; 

(e) make such other interlocutory orders as may appear to the Court to be just and convenient. 

95.  Compensation 

for  obtaining  arrest,  attachment  or 

injunction  on 

insufficient              

grounds.—(1)  Where,  in  any  suit  in  which  an  arrest  or  attachment  has  been  effected  or  a  temporary 
injunction granted under the last preceding section,—  

(a) it appears to the Court that such arrest, attachment or injunction was applied for on insufficient 

grounds, or 

(b) the suit of the plaintiff fails and it appears to the Court that there was no reasonable or probable 

grounds for instituting the same, 

the  defendant  may  apply  to  the  Court,  and  the  Court  may,  upon  such  application,  award  against  the 
plaintiff  by  its  order  such  amount  1[not  exceeding  fifty  thousand  rupees],  as  it  deems  a  reasonable 
compensation to the defendant for the 2[expense or injury (including injury to reputation) caused to him]: 
Provided that a Court shall not award, under this section an amount exceeding the limits of its pecuniar 

jurisdiction. 

(2) An order determining any such application shall bar any suit for compensation in respect of such 

arrest, attachment or injunction. 

1. Subs. by Act 46 of 1999, s. 8, for “not exceeding one thousand rupees” (w.e.f. 1-7-2002). 
2. Subs. by Act 104 of 1976, s. 32, for “expense or injury caused to him” (w.e.f. 1-2-1977). 

64 

 
 
                                                      
PART VII 

APPEALS 

APPEALS FROM ORIGINAL DECREES 

96. Appeal from original decree.—(1) Save where otherwise expressly provided in the body of this 
Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any 
Court exercising original jurisdiction the Court authorized to hear appeals from the decisions of such Court. 

(2) An appeal may lie from an original decree passed ex parte. 

(3) No appeal shall lie from a decree passed by the Court with the consent of parties. 

1[(4)  No  appeal  shall  lie,  except  on  a  question  of  law,  from  a  decree  in  any  suit  of  the  nature 
cognisable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit 
does not exceed 2[ten thousand rupees.]] 

97.  Appeal  from  final  decree  where  no  appeal  from  preliminary  decree.—Where  any  party 
aggrieved by a preliminary decree passed after the commencement of this Code does not appeal from such 
decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from 
the final decree. 

98. Decision where appeal heard by two or more Judges.—(1) Where an appeal is heard by a Bench 
of two or more Judges, the appeal shall be decided in accordance with the opinion of such Judges or of the 
majority (if any) of such Judges. 

(2)  Where  there  is  no  such  majority  which  concurs  in  a  judgment  varying  or  reversing  the  decree 

appealed from, such decree shall be confirmed : 

Provided  that  where  the  Bench  hearing  the  appeal  is  3[composed  of  two  or  other  even  number  of 
Judges belonging to a Court consisting of more Judges than those constituting the Bench] and the Judges 
composing the Bench differ in opinion on a point of law, they may state the point of law upon which they 
differ  and the  appeal  shall then  be  heard  upon that  point  only  by  one or  more  of  the  other Judges, and 
such point shall be decided according to the opinion of the majority (if any) of the Judges who have heard 
the appeal, including those who first heard it. 

4[(3) Nothing in this section shall be deemed to alter or otherwise affect any provision of the letters to 

patent of any High Court.] 

99.  No  decree  to  be  reversed  or  modified  for  error  or  irregularity  not  affecting  merits  or     

jurisdiction.—No decree shall be reversed or substantially varied, nor shall any case be remanded, in appeal 
on account of any misjoinder 5[or non-joinder] of parties or causes of action or any error, defect or irregularity 
in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the Court: 

6[Provided that nothing in this section shall apply to non-joinder of a necessary party.] 

7[99A.  No  order  under  section  47  to  be  reversed  or  modified  unless  decision  of  the  case  is 
prejudicially  affected.—Without  prejudice  to the  generality  of the provisions  of  section  99,  no  order  under 
section  47  shall  be  reversed  or  substantially  varied,  on  account  of  any  error,  defect  or  irregularity  in  any 
proceeding relating to such order, unless such error, defect or irregularity has prejudicially affected the decision 
of the case.] 

8[100. Second appeal.—(1) Save as otherwise expressly provided in the body of this Code or by any 

APPEALS FROM APPELLATE DECREES 

1. Ins. by Act 104 of 1976, s. 33 (w.e.f. 1-2-1977). 
2. Subs. by Act 46 of 1999, s. 9, for “three thousand rupees” (w.e.f. 1-7-2002). 
3. Subs. by Act 104 of 1976, s. 34, for certain words (w.e.f. 1-2-1977). 
4. Ins. by Act 18 of 1928, s. 2 and the First Schedule. 
5. Ins. by Act 104 of 1976, s. 35 (w.e.f. 1-2-1977). 
6. Proviso Added by s. 35, ibid. (w.e.f. 1-2-1977).  
7. Ins. by s. 36, ibid. (w.e.f. 1-2-1977). 
8. Subs. by s. 37, ibid., for section 100 (w.e.f. 1-2-1977). 

65 

                                                      
 
other law for the time being in force, an appeal shall lie to the High Court from every decree passed in 
appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a 
substantial question of law. 

(2) An appeal may lie under this section from an appellate decree passed ex parte. 

(3)  In  an  appeal  under  this  section,  the  memorandum  of  appeal  shall  precisely  state  the  substantial 

question of law involved in the appeal. 

(4) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall 

formulate that question. 

(5) The appeal shall be heard on the question so formulated and the respondent shall, at the hearing of 

the appeal, be allowed to argue that the case does not involve such question: 

Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the 
Court  to  hear,  for  reasons  to  be  recorded,  the  appeal  on  any  other  substantial  question  of  law,  not 
formulated by it, if it is satisfied that the case involves such question.] 

Kerala. 

STATE AMENDMENT 

In  sub-section  (1)  of  section  100  of  the  Principal  Act,  after  clause (c), the  following  clause  shall  be 

added, namely: 

(d) the finding of the lower appellate court on any question of fact material to the right decision of the 

case on the merits being in conflict with the finding of the Court of first instance on such question. 

[Vide Kerala Act 13 of 1957 sec. 4.]  

1[100A. No further appeal in certain cases.—Notwithstanding anything contained in any Letters Patent 
for any High Court or in any instrument having the force of law or in any other law for the time being in force, 
where any appeal from an original or appellate decree or order is heard and decided by a Single Judge  of a 
High Court, no further appeal shall lie from the judgment and decree of such Single Judge.] 

101.  Second  appeal  on  no  other  grounds.—No  second  appeal  shall  lie  except  on  the  ground 

mentioned in section 100. 

2[102. No second appeal in certain cases.—No second appeal shall lie from any decree, when the 

subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.] 

3[103.  Power  of  High  Court  to  determine  issue  of  fact.—In  any  second  appeal,  the  High  Court 
may,  if  the  evidence  on  the  record  is  sufficient,  determine  any  issue  necessary  for  the  disposal  of  the 
appeal,—  

(a)  which  has  not  been  determined  by  the  lower  Appellate  Court  or  both  by  the  Court  of  first 

instance and the lower Appellate Court, or 

(b) which has been wrongly determined by such Court or Courts by reason of a decision on such 

question of law as is referred to in section 100.] 

APPEALS FROM ORDERS 

104. Orders from which appeal lies.—(1) An appeal shall lie from the following orders, and save as 
otherwise expressly provided in the body of this Code or by any law for the time being in force, from no 
other orders:— 

4* 

* 

* 

* 

* 

5[(ff) an order under section 35A;] 

1. Subs. by Act 22 of 2002, s. 4, for section 100 A  (w.e.f 1-7-2002). 
2. Subs. by s. 5, ibid., for section 102 (w.e.f. 1-7-2002). 
3. Subs. by Act 104 of 1976, s. 40, for section 103 (w.e.f. 1-2-1977). 
4. Clauses (a) to (f) omitted by Act 10 of 1940, s. 49 and the Third Schedule. 
5. Ins. by Act 9 of 1922, s. 3, see also foot-note to section 35A, Supra. 

66 

 
 
 
 
 
 
 
                                                      
1[(ffa)  an  order  under  section  91  or  section  92  refusing  leave  to  institute  a  suit  of  the  nature 

referred to in section 91 or section 92, as the case may be;] 

(g) an order under section 95; 

(h) an order under any of the provisions of this Code imposing a fine or directing the arrest or 
detention in the civil prison of any person except where such arrest or detention is in execution of a 
decree; 

(i) any order made under rules from which an appeal is expressly allowed by rules: 

5[Provided  that  no  appeal shall lie  against  any  order specified  in  clause  (ff)  save  on  the  ground 

that no order, or an order for the payment of a less amount, ought to have been made.] 

(2) No appeal shall lie from any order passed in appeal under this section. 

105.  Other  orders.—(1)  Save  as  otherwise  expressly  provided,  no  appeal  shall  lie  from  any  order 
made by a Court in  the exercise of its original or appellate jurisdiction; but where a decree is appealed 
from, any error, defect or irregularity in any order, affecting the decision of the case, may be set forth as a 
ground of objection in the memorandum of appeal. 

(2) Notwithstanding anything contained in sub-section (1), where any party aggrieved by an order of 
remand 2*** from which an appeals lies does not appeal therefrom, he shall thereafter be precluded from 
disputing its correctness. 

106. What Courts to hear appeals.—Where an appeal from any order is allowed it shall lie to the Court 
to which an appeal would lie from the decree in the suit in which such order was made, or where such order is 
made by a Court (not being a High Court) in the exercise of appellate jurisdiction, then to the High Court. 

GENERAL PROVISIONS RELATING TO APPEALS 

107.  Powers  of  Appellate  Court.—(1)  Subject  to  such  conditions  and  limitations  as  may  be 

prescribed, an Appellate Court shall have power— 

(a) to determine a case finally; 

(b) to remand a case; 

(c) to frame issues and refer them for trial; 

(d) to take additional evidence or to require such evidence to be taken. 

(2) Subject as aforesaid, the Appellate Court shall have the same powers and shall perform as nearly 
as may be the same duties as are conferred and imposed by this Code on Courts of original jurisdiction in 
respect of suits instituted therein. 

108.  Procedure  in  appeals  from  appellate  decrees  and  orders.—The  provisions  of  this  Part 

relating to appeals from original decrees shall, so far as may be, apply to appeals— 

(a) from appellate decrees, and 

(b)  from  orders  made  under  this  Code  or  under  any  special  or  local  law  in  which  a  different 

procedure is not provided. 

APPEALS TO THE SUPREME COURT 

3[109. When appeals lie to the Supreme Court.—Subject to the provisions in Chapter IV of Part V of 
the Constitution and such rules as may, from time to time, be made by the Supreme Court regarding appeals 

1. Ins. by Act 104 of 1976, s. 41 (w.e.f. 1-2-1977). 
2. Words “made after the commencement of this Code” omitted by, s. 42, ibid., (w.e.f. 1-2-1977). 
3. Subs. by Act 49 of 1973, s. 2, for section 109 (w.e.f. 29-11-1973). 

67 

                                                      
from the Courts of India, and to the provisions hereinafter contained, an appeal shall lie to the Supreme Court 
from any judgment, decree or final order in a civil proceeding of a High Court, if the High Court certifies— 

(i) that the case involves a substantial question of law of general importance; and 

(ii) that in the opinion of the High Court the said question needs to be decided by the Supreme 

Court.] 

110. [Value of subject matters.] omitted by the Code of Civil Procedure (Amendment) Act, 1973 (49 of 

1973), s. 3 (w.e.f. 29-11-1973). 

111. [Bar of certain appeals.] omitted by the A.O. 1950. 

1[111A. [Appeals to Federal Court] Rep. by the Federal Court Act, 1941 (21 of 1941), s. 2 (w.e.f. 1-9-

1942). 

112. Savings.—2[(1) Nothing contained in this Code shall be deemed— 

(a)  to  affect  the  powers  of  the  Supreme  Court  under  article  136  or  any  other  provision  of  the 

Constitution; or 

(b) to interfere with any rules made by the Supreme Court, and for the time being in force for the 

presentation of appeals to that Court, or their conduct before that Court.] 

(2)  Nothing  herein  contained  applies  to  any  matter  of  criminal  or  admiralty  or  vice-admiralty 

jurisdiction or to appeals from orders and decrees of Prize Courts. 

PART VIII 

REFERENCE, REVIEW AND REVISION 

113.  Reference to  High  Court.—Subject to  such  conditions  and  limitations  as  may  be  prescribed, 
any Court may state a case and refer the same for the opinion of the High Court, and the High Court may 
make such order thereon as it thinks fit: 

3[Provided that where the Court is satisfied that a case pending before it involves a question as to the 
validity  of  any  Act,  Ordinance  or  Regulation  or  of  any  provision  contained  in  an  Act,  Ordinance  or 
Regulation,  the  determination  of  which is  necessary  for  the  disposal of the case,  and  is  of opinion that 
such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the 
High  Court  to  which  that  Court  is  subordinate  or  by  the  Supreme  Court,  the  Court  shall  state  a  case 
setting out its opinion and the reasons therefor, and refer the same for the opinion of the High Court. 

Explanation.—In this section, “Regulation” means any Regulation of the Bengal, Bombay or Madras 
Code or Regulation as defined in the General Clauses Act,1897, (10 of 1897) or in the General Clauses 
Act of a State.] 

114. Review.—Subject as aforesaid, any person considering himself aggrieved— 

(a) by a decree or order from which an appeal is allowed by this Code, but from which no appeal 

has been preferred. 

(b) by a decree or order from which no appeal is allowed by this Code, or 

(c) by a decision on a reference from a Court of Small Causes, 

may  apply  for  a  review  of  judgment  to  the  Court  which  passed  the  decree  or  made  the  order,  and  the 
Court may make such order thereon as it thinks fit. 

115. Revision.—4[(1)] The High Court may call for the record of any case which has been decided by 
any  Court  subordinate  to  such  High  Court  and in  which  no appeal  lies thereto, and if  such subordinate 
Court appears— 

1. Ins. by the A.O. 1937. 
2. Subs. by the A.O. 1950, for the former sub-section (1). 
3. Added by Act 24 of 1951, s. 2 (w.e.f. 1-4-1951). 
4. Section 115 re-numbered as sub-section (1) by Act 104 of 1976, s. 43 (w.e.f. 1-2-1977). 

68 

                                                      
(a) to have exercised a jurisdiction not vested in it by law, or 

(b) to have failed to exercise a jurisdiction so vested, or 

(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, 

the High Court may make such order in the case as it thinks fit: 

1[Provided that the High Court shall not, under this section, vary or reverse any order made, or any order 
deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in 
favour of the party applying for revision would have finally disposed of the suit or other proceedings.] 

2[(2) The High Court shall not, under this section, vary or reverse any decree or order against which 

an appeal lies either to the High Court or to any Court subordinate thereto. 

3[(3) A revision shall not operate as a stay of suit or other proceeding before the Court except where 

such suit or other proceeding is stayed by the High Court.] 

Explanation.—In this section, the expression “any case which has been decided” includes any order 

made, or any order deciding an issue in the course of a suit or other proceeding.] 

Orrisa 

STATE AMENDMENTS 

Amendment of section 115.—In the Code of Civil Procedure, 1908 (5 of 1908) for section 115, the 

following section shall be substituted, namely:— 

115.  Revision.—The  High  Court,  in  cases  arising  out  of  original  suits  or  other  proceedings  of  the 
value exceeding one lakh rupees, and the District Court, in any other case including a case arising out of 
an original suit or other proceedings instituted before the commencement  of the Code of Civil Procedure 
(  Orissa   Amendment)  Act,  1991,  may  call for  the record  of  any  case  which    has  been decided  by  any 
Court subordinate   to the High Court or the District Court, as the case may be, and in which no appeal 
lies thereto, and if such subordinate Court appears— 

(a) to have failed to exercised  a jurisdiction not vested in it by law; or 

(b) to have failed to exercise a jurisdiction so vested; or 

(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity; 

the High Court or the District Court, as the case may be, may  make such order in the case as it thinks fit: 

Provided that in respect of cases arising out of original suits, or other proceedings of any valuation 
decided  by  the  District  Court,  the  High  Court  alone  shall  be  competent  to  make  an  order  under  this 
section: 

Provided further that the High Court or the District Court shall not, under this section, vary or reverse 
any order, including an order deciding an issue, made in the course of a suit or other proceedings, except 
where— 

(i) the order, if so varied or reversed, would finally dispose of the suit or other proceedings; or 

(ii) the order, if allowed to stand, would  occasion a failure of justice or cause  irreparable injury  

to the party against whom it was made. 

1. Subs. by Act 46 of 1999, s.12, for “proviso” (w.e.f. 1-7-2002). 
2. Ins. by Act 104 of 1976, s. 43 (w.e.f 1-2-1977). 
3. Ins. by Act 46 of 1999, s.12 (w.e.f. 1-7-2002). 

69 

                                                      
Explanation—In  this section,  the  expression  “ any  case  which    has  been  decided”  includes  any 

order deciding an issue in the  course of a suit or other proceeding.”. 
3.  Saving.—The  amendment  made  by  this  Act  shall  not  affect  the  validity,  invalidity,  effect    or 
consequence  of  anything  already  done  or  suffered,  or  any  jurisdiction  already  exercised,  and  any 
proceeding instituted or commenced in the  High Court under section 115 of the Code of Civil Procedure, 
1908 (5 of 1908) prior to the commencement of this Act shall, notwithstanding such amendment, continue 
to be heard and decided by such Court. 

[Vide the Orissa Act 26 of 1991, s. 2] 

Amendment of section 115.—In the Code of Civil Procedure, 1908 (5 of 1908), for section 115, the 

following section shall be substituted, namely:— 

115. Revision.—(1) The High Court, in cases arising out of original suits or other proceedings of the 
value exceeding five lakhs rupees and the District Court, in any other cases, including a case arising out 
of  an  original  suit  or  other  proceedings    instituted  before  the  commencement  of  the  Code  of  Civil 
Procedure ( Orissa Amendment) Act, 2010, may call for the record of any case  which has been decided  
by any Court subordinate to the High Court or the District Court, as the case may be, and in which no 
appeal lies thereto, and if such subordinate Court appears— 

(a) to have exercised a jurisdiction not vested in it by law; or 

(b) to have failed to exercise a jurisdiction so vested; or 

(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, 

the High Court or the District Court, as the case may be, may make such order in the case as it thinks fit: 

Provided that  in respect  of  cases  arising  out  of  original  suits  or  other proceedings  of  any  valuation 
decided  by  the  District  Court,  the  High  Court  alone  shall  be  competent  to  make  an  order  under  this 
section.  

(2)  The  High  Court  or  the  District  Court,  as  the  case  may  be,  shall  not  under  this  section,  vary  or 
reverse any order, including an order deciding an issue, made in the course of a suit or other proceedings, 
except where the order, if it had been made in favor of the party applying for revision, would have finally 
disposed of the suit or other proceedings. 

(3) A revision shall not operate as a stay of suit or other proceeding before the Court except where 

such suit or other proceeding is stayed by the High Court or District Court, as the case may be. 

Explanation—In this section, the expression, “any case which has been decided” includes any order 

deciding an issue in the course of a suit or other proceeding.”. 

[Vide the Orissa Act 14 of 2010, s. 2] 
Uttar Pradesh 
Amendment of section 115 of Act V of 1908.—In section 115 of the said Code— 

(i) for the words “High Court”, wherever occurring, the words “High Court or District Court” shall be 

substituted; and 

(ii) the following proviso thereto shall be inserted at the end, namely:-- 

 “Provide that nothing in this section shall be construed to empower the District Court to call for 
the record of any case arising out of an original suit of the value of twenty thousand rupees or above,”. 

[Vide Uttar Pradesh Act 14 of 1970, s. 3] 

Uttar Pradesh 

Substitution of new section for section 115 of 5 of 1908.— For section 115 of the Code of Civil 

70 

Procedure,  1908,  as  amended  in  its    application    to    Uttar    Pradesh    (hereinafter    in    this 
Chapter referred to as the said Code), the following section shall be substituted namely :— 

“115. Revision.—The High Court  in  cases  arising  out  of  original  suits  of the 
value  of  rupees  twenty  thousand  and  above  including  such  suits  instituted  before  the 
20th  day  of   September,  1972,  and  the  District Court in any  other  case, including a 
case  arising  out  of  an  original  suit  instituted  before  the  20th  day  of  September,  1972, 
may  call  for  the record of any case which has been decided by any court subordinate to 
such High Court  or  District  Court,  as  the  case  may  be,  and  in  which no  appeal 
lies thereto, and if such subordinate  court appears; 

(a) to  have  to jgh exercised a jurisdiction  not  vested  in it  by  law, or 

(b) to  have failed to exercise a jurisdiction so vested, or 

(c)  to  have    acted  in  the    exercise    of    its    jurisdiction    illegally    or  with  material 

irregularity, 

the High Court or  the  District Court, as the  case may be,  may make  such  order  in  the 
case as it thinks fit; 

Provided that in respect of cases decided before the 20th day of September, 1972, and also all cases arising 
out of original suits of any valuation decided by the District Court, the High Court alone shall be competent to 
make a order under this section.” 

[Vide Uttar Pradesh Act 19 of 1973, s. 2] 

Amendment  of  section  115  of  Act  V of  1908.—  In  section  115  of  the  Code  of  Civil 
Procedure, 1908 as amended in  its  application to  Uttar Pradesh, hereinafter referred to as 
the said Code :— 

(i)  for  the  words  “the  High  Court  or  District  Court”,  where  they  first  occur,  the 
words “the High Court in cases arising out of original suits of the values of twenty 
thousand  rupees  and  above,  and  the  District  Court  in  any  other  case”  shall  be 
substituted and after the words “High Court or District Court” where they occur  the  
second time, the commas and words, “as the case may be”, shall be inserted; 

(ii) the proviso shall be omitted. 

[Vide Uttar Pradesh Act 37 of 1972, s. 6] 

Uttar Pradesh 

Substitution  of  section 115.—  For  section  115  of  the  said  Code,  the  following  section 
shall be substituted, namely :— 

“115. Revision.-- The  High Court,  in cases arising out of original suits or other proceedings 
of  the  value  of  twenty  thousand  rupees  and  above, including  such  suits  or  other  proceedings 
instituted before August  1, 1978,  and  the  District  Court  in  any  other  case,  including  a  case 
arising  out of  an  original suit  or  other  proceedings  instituted  before such date,  may  call for 
the record of  any case  which  has  been  decided by any court subordinate to such High Court  
or    District    Court    as    the  case  may  be,  and  in  which  no  appeal    lies    thereto,    and    if    such 
subordinate  court appears  — 

(a)  to  have  exercised  a jurisdiction  not  vested in it  by law ;  or 

(b)  to  have  failed to  exercise a  jurisdiction  so  vested ;  or 

(c)  to have acted in the exercise of  its  jurisdiction  illegally  or with material 

irregularity  ; 

the  High  Court  or  the  District  Court,  as  the  case  may  be,  may  make 

71 

such order in the case as it thinks fit ; 

Provided  that  in  respect  of  cases  arising  out  of  original  suits  or  other 
proceedings  of  any  valuation,  decided  by  the  District    Court,    the High  Court 
alone shall be competent to  make  an  order  under  this section ; 

Provided  further  that  the  High  Court  or  the  District  Court  shall  no 
under  his  section,  vary  or  reverse  any  order  including  an  order  deciding  an 
issue, made in the course of a suit or other proceeding, except where, — 

(1)  the order,  if  so varied or reversed, would finally  dispose  of the  suit  or 

other proceeding  ;  or 

(ii) the order,  if  allowed to stand,  would  occasion  a failure  of  justice or 

cause irreparable injury to the party against  whom  it  was made. 

Explanation  —  In  this  section,  the  expression  ‘any  case  which  has  been  decided’ 

includes any order deciding an issue in the course of a suit of other Proceeding.” 

[Vide Uttar Pradesh Act 31 of 1978, s. 3] 

Uttar Pradesh 

Amendment of section 115     of   Act  no. 5 of 1908.—In section 115 of the Code of 

Civil Procedure, 1908, hereinafter int his Chapter referred to as the said Code,-- 

(a) 

for the words “of the value of  the  twenty  thousand  rupees and above including 
such  suits  or  other  proceedings  instituted  before August  1,  1978”  the  following  words 
shall  be  substituted,  namely — 

“of the value exceeding one  lakh rupees  or such higher amount not exceeding 
five  lakh  rupees    as    the    High    Court    may    from    time    to  time  fix,  by  notification 
published in the official Gazette including such suits  or other proceedings instituted 
before    the  date    of  commencement  of  the  Uttar  Pradesh  Civil  Laws  (Amendment) 
Act, 1991, or as the  case may be, the date of commencement of such notification.” ; 

after  the    second    proviso,    the    following    proviso    shall    be  inserted, 

(b) 
namely ; 

“Provided also that where a  proceeding of   the  nature  in which the District 
Court  may  call  for  the  record  and  pass  orders  under  this  section  was  pending 
immediately  before  the  relevant  date  of  commencement  referred  to  above,  in  the  High 
Court, such court shall proceed to dispose  of  the same.” 

[Vide Uttar Pradesh Act 17 of 1991, s. 7] 
Substitution  of  section  115        of        Act   no.  5  of  1908.—  For  section    115    of    the    Code    of    Civil  
Procedure,    1908,  hereinafter  referred  to  as  the  principal  Act,  the  following  section  shall  be 
substituted and be deemed to have  been substituted with effect from July 1, 2002, namely :— 

“115. Revision (1) A superior court  may  revise  an  order  passed  in  a case decided in an original suit 
or other proceeding by  a  subordinate court where no appeal  lies  against  the   order  
and  where  the subordinate  court has  — 

(a)  exercised a jurisdiction  not  vested in  it  by  law  ;  or 

(b)  failed  to  exercise  a  jurisdiction  so  vested  ;  or 

(c)  acted in exercise of its jurisdiction illegally or with material irregularity. 

(2)  A  revision  application  under  sub-section    (1),    when    filed    in  the  High  Court, 
shall contain a certificate on the first page of such application, below the  title of  the case,  
to  the    effect  that  no  revision  in  the  case  lies  to  the  district  court  but  lies  only  to  the  High 

72 

Court either because of valuation or because the order sought to be  revised  was passed  by 
the district court. 

(3)  The superior court shall not, under this section, very  or reverse  any  order  made 

except  where, — 

(i) 

the  order,  if  it  had  been  made  in  favour  of  the  party  applying for  revision, 

would  have  finally  disposed  of  the  suit  or  other  proceeding 

; or 

(ii) 

the  order,  if  allowed  to  stand,  would  occasion  a  failure    of  justice  or  cause 

irreparable injury  to  the  party  against  whom  it  is made. 

(4) 

A  revision  shall  not  operate  as  a  stay  of  suit  or  other  proceeding  before    the 

court except  where such suit or other proceeding is  stayed  by the superior court. 

Explanation  — I  In  this  section,— 

(i) 

the  expression  ‘superior  court’  means  — 

(a) 

the district court, where the valuation of a case decided by a court  subordinate 

to it  does  not  exceed  five  lakh  rupees ; 

(b) 

the  High  Court,  where  the  order  sought  to  be  revised  was  passed  in  a  case 
decided by the district court or where the value of the original suit or other proceedings 
in a case decided by  a  court subordinate  to the  district court  exceed  five  lakh rupees  ; 

(ii) 

the  expression  ‘order’  includes  an  order  deciding  an  issue  in any  original 

suit or other proceedings. 

Explanation  —II.  The  provisions  of  this  section  shall  also  be  applicable  to  orders 
passed,  before  or  after  the  commencement  of  this  section,  in  original  suits  or  other 
proceedings instituted before such commencement.” 

[Vide Uttar Pradesh Act 14 of 2003, s. 2] 

PART IX 

SPECIAL PROVISIONS RELATING TO THE 1[HIGH COURTS 2[NOT BEING THE COURT OF A 
JUDICIAL COMMISSIONER ] 

116. Part to apply only to certain High Courts.—This Part applies only to High Courts 7[not being 

the court of a Judicial Commissioner]. 

117. Application of Code to High Courts.—Save as provided in this Part or in Part X or in rules, the 

provisions of this Court shall apply to such High Courts. 

118. Execution of decree before ascertainment of costs.—Where any such High Court considers it 
necessary that a decree passed in the exercise of its original civil jurisdiction should be executed before 
the amount of the costs incurred in the suit can be ascertained by taxation, the Court may order that the 
decree shall be executed forthwith, except as to so much thereof as relates to the costs; 

and,  as  to  so  much  thereof  as  relates  to  the  costs,  that  the  decree  may  be  executed  as  soon  as  the 

amount of the costs shall be ascertained by taxation. 

119.Unauthorized persons not to address Court.—Nothing in this Code shall be deemed to authorize 
any person on behalf of another to address the Court in the exercise of its original civil jurisdiction, or to 
examine witnesses, except where the Court shall have in the exercise of the power conferred by its charter 
authorized  him  so  to  do,  or  to  interfere  with  the  power  of  the  High  Court  to  make  rules  concerning 
advocates, vakils and attorneys. 

1. Subs. by Act 2 of 1951, s. 14, for “CHARTERED HIGH COURTS”. 
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956 for  “For Part A States and Part B States”. 

73 

                                                      
120.  Provisions  not  applicable  to  High  Court  in  original  civil  jurisdiction.—(1)  The  following 
provisions  shall  not  apply  to  the  High  Court  in  the  exercise  of  its  original  civil  jurisdiction,  namely, 
sections 16, 17 and 20. 

1* 

* 

* 

* 

* 

PART X  
RULES 

121. Effect of rules in First Schedule.—The rules in a First Schedule shall have effect as if enacted 

in the body of this Code until annulled or altered in accordance with the provisions of this Part. 

122.  Power  of  certain  High  Courts  to  make  rules.—2[High    Courts  3[not  being  the  Court  of  a 
Judicial  Commissioner]]  4***  may,  from  time  to  time  after  previous  publication,  make  rules regulating 
their own procedure and the procedure of the Civil Courts subjects to their superintendence, and may by 
such rules annul, alter or add to all or any of the rules in the First Schedule. 

123. Constitution of Rules Committees in certain States.—(1) A Committee, to be called the Rule 
Committee, shall be constituted at 5[the town which is the usual place of sitting of each of the High Courts 
6*** referred to in section 122]. 

(2) Each such Committee shall consist of the following persons, namely:— 

(a) three Judges of the High Court established at the town at which such Committee is constituted, 

one of whom at least has served as a District Judge or 7*** a Divisional Judge for three years, 

8[(b) two legal practitioners enrolled in that Court,] 

9[(c) a Judge of a Civil Court subordinate to the High Court, 10*** 

11* 

* 

* 

* 

        * 

(3)  The  members  of  each  Committee  shall  be  appointed  by  the  12[High  Court],  which  shall  also 

nominate one of their number to be President: 

* 

13*   
(4) Each member of any such Committee shall hold office for such period as may be prescribed by 
the  8[High Court] in this behalf; and whenever any member retires, resigns, dies or ceases reside in the 
State  in  which  the  Committee  was  constituted,  or  becomes  incapable  of  acting  as  a  member  of  the 
Committee, the said 8[High Court] may appoint another person to be a member in his stead. 

* 

* 

* 

(5) There shall be a secretary to each such Committee, who shall be appointed by the  8[High Court] 

and shall receive such remuneration as may be provided in this behalf 14[by the State Government]. 

Assam.— 

For clause (a) of sub-section (2) of section 123 the following shall be substituted— 

STATE AMENDMENTS 

1. Sub-section (2) rep. by Act 3 of 1909, s. 127 and the Third Sch. 
2. Subs. by the A.O. 1950, for “Courts which ar e High Courts for the purposes of the Government of India Act, 1935”.  
3. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “for Part A States and Part B States”. The words in italics were ins. by Act 

2 of 1951, s. 15 (w.e.f. 1-4-1951). 

4. The words “and the Chief Court of Lower Burma” rep. by Act 11 of 1923, s. 3 and the Second Sch edule. 
5. Subs. by Act 13 of 1916, s. 2 and the Schedule, for “each of the towns of Calcutta, Madras, Bombay, Allahabad, 

Lahore and Rangoon”. 

6. The words “and of the Chief Court” omitted by the Act 11 of 1923, s. 3 and the Second Schedule. These words were again ins. by Act 

32 of 1925, and subsequently omitted by the A.O. 1948. 

7. The brackets and words “(in Burma)” rep. by Act 11 of 1923, s. 3 and the Second Schedule. 
8. Subs. by Act 2 of 1951, s. 16, for clauses (b) and (c). 
9. Clauses (d) and (e) re-lettered as clauses (c) and (d) respectively by s. 16, ibid. (w.e.f. 1-4-1961). 
10. The word “and” omitted by Act 38 of 1978, s. 3 and the Second Sch edule (w.e.f. 26-11-1978). 
11. Clause (d) omitted by s. 3, ibid. and the Second Schedule. 
12. Subs. by Act 104 of 1976, s. 44, for “Chief Justice or Chief Judge” (w.e.f. 1-2-1977). 
13. Proviso omitted by s. 44, ibid. (w.e.f. 1-2-1977). 
14. Subs. by the A.O. 1937, for “by the G.G. in C. or by the L.G., as the case may be”. 

74 

 
 
 
 
 
 
 
    
 
 
 
 
 
 
 
                                                      
“(a) three Judges of the High Court established at the town at which such Committee is constituted, 
provided that the Chief Justice may appoint only two Judges of the High Court on the Committee if the 
number of Judges of the High Court does not exceed three.”  

[Vide Assam Act 8 of 1953, sec. 2.] 

Tamil Nadu 

Amendment of section 123, Central Act V of 1908.—In section (2) of section 123 of the Code of 
Civil Procedure, 1908 ( Central Act V of 1908),- 

(a)  in  clause  (b),  for  the  words  “two  legal  practitioners”,  the  words  “three  legal  practitioners” 

shall be substituted. 

(b) in clause (d), the word “Madras” shall be omitted. 

[Vide Tamil Nadu Act 15 of 1970, s. 2] 

124. Committee to report to High Court.—Every Rule Committee shall make a report to the High 
Court established at the town at which it is constituted on any proposal to annul, alter or add to the rules 
in the First Schedule or to make new rules, and before making any rules under section 122 the High Court 
shall take such report into consideration. 

 125.  Power  of  other  High  Courts  to  make  rules.—High  Courts,  other  than  the  Courts 
specified in section 122, may exercise the powers conferred by that section in such manner and 
subject to such conditions 1[as 2[the State Government] may determine:] 

Provided that any such High Court may, after previous publication, make a rule extending within the 

local limits of its jurisdiction any rules which have been made by any other High Court. 

3[126. Rules to be subject to approval.—Rules made under the foregoing provisions shall be subject to 
the previous approval of the Government of the State in which the Court whose procedure the rules regulate 
is situate or, if that Court is not situate in any State, to the previous approval of 4[Central Government.]] 

127. Publication of rules.—Rules so made  and  5[approved] shall be published in the  6[Official Gazette], and 
shall from the date of publication or from such other date as may be specified have the same force and effect, within 
the local limits of  the jurisdiction of the High Court  which  made them, as if they  had been contained in the First 
Schedule. 

128. Matters for which rules may provide.—(1) Such rules shall be not inconsistent with the provisions in the 

body of this code, but, subject thereto, may provide for any matters relating to the procedure of Civil Courts. 

(2) In particular, and without prejudice to the generality of the powers conferred by sub-section (1), 

such rules may provide for all or any of the following matters, namely:— 

(a) the service of summonses, notices and other processes by post or in any other manner either 

generally or in any specified areas, and the proof of such service; 

(b)  the  maintenance  and  custody,  while  under  attachment,  of  live-stock  and  other  movable 
property, the fees payable for such maintenance and custody, the sale of such live-stock and property, 
and the proceeds of such sale; 

(c) procedure in suits by way of counterclaim, and the valuation of such suits for the purposes of 

jurisdiction; 

(d)  procedure  in  garnishee  and  charging  orders  either  in  addition  to,  or  in  substitution  for,  the 

attachment and sale of debts; 

(e) procedure where the defendant claims to be entitled to contribution or indemnity over against 

any person whether a party to the suit or not;  

(f) summary procedure— 

(i) in suits in which the plaintiff seeks only to recover a debt or liquidated demand in money payable 

by the defendant, with or without interest, arising— 

1. Subs. by Act 38 of 1920, s. 2 and the First Schedule, Pt. I, for “as the G.G. in C. may determine”. 
2. Subs. by the A.O.1937, for “in the case of the Court of the Judicial Commissioner of Coorg, the G.G. in C., and, in other cases           

the L.G.”. 

3. Subs. by the A.O.1937, for section 126. 
4. Subs. by the A.O. 1950, for “Governor General”. 
5. Subs. by Act 24 of 1917, s. 2 and the First Schedule, for “sanctioned”. 
6. Subs. by the A.O. 1937, for “Gazette of India or in the local Official Gazette, as the case may be”. Strictly the substitution            

would read “Official Gazette or in the Official Gazette, as the case may be, but the latter words have been omitted as being 
redundant”. 

75 

                                                      
on a contract express or implied; or on an enactment  where the sum  sought  to be  recovered is a 

fixed sum of money or in the nature of a debt other than a penalty; or 
on a  guarantee,  where the claim against the principal is in  respect of a debt or a liquidated demand 
only; or on a trust; or 
(ii) in suits for the recovery of immovable property, with or without a claim for rent or  mesne profits, 
by a landlord against a tenant whose term has expired or has been duly determined by notice to quit, or has 
become liable to forefeiture for non-payment of rent, or against persons claiming under such tenant; 
(g) procedure by way of originating summons; 
(h) consolidation of suits, appeals and other proceedings; 
(i)  delegation  to  any  Registrar,  Prothonotary  or  Master  or  other  official  of  the  Court  of  any 

judicial, quasi-judicial and non judicial duties; and 

(j) all forms, registers, books, entries and accounts which may be necessary or desirable for the 

transaction of the business of Civil Courts. 
129. Power of High Courts to make rules as to their original Civil procedure.—Notwithstanding 
anything in this Code, any High Court 1[not being the Court of a Judicial Commissioner] may make such 
rules not inconsistent with the Letters Patent 2[or order] 3[or other law] establishing it to regulate its own 
procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing herein contained 
shall affect the validity of any such rules in force at the commencement of this Code. 

4[130. Powers of other High Courts to make rules as to matters other than procedure.—A High 
Court 5[not being a High Court to which section 129 applies] may, with the previous approval of the State 
Government, make with respect to any matter other than procedure any rule which a High Court  6[for a 
7*** State] might under  8[article 227 of the Constitution] make with respect to any such matter for any 
part of the territories under its jurisdiction which is not included within the limits of a presidency town.] 

131.  Publication  of  rules.—Rules  made  in  accordance  with  section  129  or  section  130  shall  be 
published in the 9[Official Gazette] and shall from the date of publication or from such other date as may 
be specified have the force of law. 

PART XI 

MISCELLANEOUS 

132. Exemption of certain women from personal appearance.—(1) Women who, according to the 
customs and manners of the country, ought not to be compelled to appear in public shall be exempt from 
personal appearance in Court. 

(2) Nothing herein contained shall be deemed to exempt such women from arrest in execution of civil 

process in any case in which the arrest of women is not prohibited by this Code. 

133. Exemption of other persons.—10[(1) The following persons shall be entitled to exemption from 

personal appearance in Court, namely:— 

(i) the President of India; 

(ii) the Vice-President of India; 

(iii) the Speaker of the House of the People; 

1. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “for a Part A State or a Part B State”. 
2. Ins. by the A.O. 1950. 
3. Ins. by Act 2 of 1951, s. 17 (w.e.f. 1-4-1951). 
4. Subs. by the A.O. 1937, for section 130. 
5. Subs. by the A.O. 1950, for “not constituted by His Majesty by Letters Patent”. 
6. Subs., ibid., for “so constituted”. 
7. The word and letter “Part A” omitted by the Adaptation of Laws (No. 2) Order, 1956. 
8. Subs. by the A.O. 1950, for “section 224 of the Government of India Act, 1935”. 
9. Subs. by the A.O.1937, for “Gazette of India or in the Local Official Gazette, as the case may be”. Strictly the substitution 
would read “Official Gazette or in the Official Gazette, as the case may be,” but the latter words have been omitted as being 
redundant. 

10. Subs. by Act 66 of 1956, s. 12, for sub-section (1) (w.e.f. 1-1-1957). 

76 

                                                      
(iv) the Ministers of the Union; 

(v) the Judges of the Supreme Court; 

(vi) the Governors of States and the administrators of Union territories; 

(vii) the Speakers of the State Legislative Assemblies; 

(viii) the Chairman of the State Legislative Councils; 

(ix) the Ministers of States; 

(x) the Judges of the High Courts; and 

(xi) the persons to whom section 87B applies.] 

1* 

* 

* 

* 

* 

(3) Where any person 2*** claims the privilege of such exemption, and it is consequently necessary to 
examine  him  by  commission,  he  shall  pay  the  costs  of  that  commission,  unless  the  party  requiring  his 
evidence pays such costs. 

134.  Arrest  other  than  in  execution  of  decree.—The  provisions  of  sections  55,  57  and  59  shall 

apply, so far as may be, to all persons arrested under this Code. 

135. Exemption from arrest under civil process.—(1) No Judge, Magistrate or other judicial officer 

shall be liable to arrest under civil process while going to, presiding in, or returning from, his Court. 

(2)  Where  any  matter  is  pending  before  a  tribunal  having  jurisdiction  therein,  or  believing  in  good 
faith  that  it  has  such  jurisdiction,  the  parties  thereto,  their  pleaders,  mukhtars,  revenue-agents  and 
recognized  agents,  and  their  witnesses  acting  in  obedience  to  a  summons,  shall  be  exempt  from  arrest 
under  civil  process  other than  process  issued  by  such  tribunal  for  contempt  of Court  while  going  to  or 
attending such tribunal for the purpose of such matter, and while returning from such tribunal. 

(3) Nothing in sub-section (2) shall enable a judgment-debtor to claim exemption from arrest under 
an order for immediate execution or where such judgment-debtor attends to show cause why he should 
not be committed to prison in execution of a decree. 

3[135A.  Exemption  of  members  of  legislative  bodies  from  arrest  and  detention  under  civil 

process.—4[(1) No person shall be liable to arrest or detention in prison under civil process— 

(a) if he is a member of— 

(i) either House of Parliament, or 

(ii) the Legislative Assembly or Legislative Council of a State, or 

(iii) a Legislative Assembly of a Union territory, 

during  the  continuance  of  any  meeting  of  such  House  of  Parliament  or,  as  the  case  may  be,  of  the 
Legislative Assembly or the Legislative Council; 

(b) if he is a member of any committee of—  

(i) either House of Parliament, or 

(ii) the Legislative Assembly of a State or Union territory, or 

(iii)  the  Legislative  Council  of  a  State,  during  the  continuance  of  any  meeting  of  such 

committee; 
(c) if he is a member of—  

(i) either House of Parliament, or 

1. Sub-section (2) omitted by Act 66 of 1956, s. 12 (w.e.f. 1-1-1957). 
2. The words “so exempted” omitted by s. 12, ibid. 
3. Ins. by Act 23 of 1925, s. 3. 
4. Subs. by Act 104 of 1976, s. 45, for sub-section (1) (w.e.f. 1-2-1977). 

77 

 
 
 
 
 
 
 
 
 
                                                      
(ii) a Legislative Assembly or Legislative Council of a State having both such Houses, 

during  the  continuance  of  a  joint  sitting,  meeting,  conference  or  joint  committee  of  the  Houses  of 
Parliament or, Houses of the State Legislature, as the case may be, and during the forty days before and 
after such meeting, sitting or conference.] 

(2) A person released from detention under sub-section (1) shall, subject to the provisions, of the said  
sub-section, be liable to re-arrest and to the further detention to which he would have been liable if he had 
not been released under the provisions of sub-section (1).] 

136. Procedure where person to be arrested or property to be attached is outside district.—(1) 
Where  an  application  is  made  that  any  person  shall  be  arrested  or  that  any  property  shall  be  attached 
under any provision of this Code not relating to the execution of decrees, and such person resides or such 
property is situate outside the local limits of the jurisdiction of the Court to which the application is made, 
the Court may, in its discretion, issue, a warrant of arrest of make an order of attachment, and send to the 
District Court within the local limits of whose jurisdiction such person or property resides or is situate a 
copy of the warrant or order, together with the probable amount of the costs of the arrest or attachment. 

(2) The District Court shall, on receipt of such copy and amount, cause the arrest or attachment to be 
made by its own officers, or by a Court subordinate to itself, and shall inform the Court which issued or 
made such warrant or order of the arrest or attachment. 

(3) The Court making an arrest under this section shall send the person arrested to the Court by which 
the  warrant  of  arrest  was  issued, unless he  shows  cause  to  the  satisfaction  of the  former  Court  why  he 
should not be sent to the later Court, or unless he furnishes sufficient security for his appearance before 
the  later  Court  or  for  satisfying  any  decree  that  may  be  passed  against  him  by  that  Court,  in  either  of 
which cases the Court making the arrest shall release him. 

(4) Where a person to be arrested or movable property to be attached under this section is within the 
local limits of the ordinary original civil jurisdiction of the High Court of Judicature at Fort William in 
Bengal or at Madras or at Bombay,  1*** the copy of the warrant of arrest or of the order of attachment, 
and  the  probable  amount  of  the  costs  of  the  arrest  or  attachment,  shall  be  sent  to  the  Court  of  Small-
Causes of Calcutta, Madras 2[or Bombay], as the case may be, and that Court, on receipt of the copy and 
amount, shall proceed as if it were the District Court. 

137.  Language  of  subordinate  Courts.—(1)  The  language  which,  on  the  commencement  of  this 
Code, is the language of any Court subordinate to a High Court shall continue to be the language of such 
subordinate Court until the State Government otherwise directs. 

(2)  The  State  Government  may  declare  what  shall  be  the  language  of  any  such  Court  and  in  what 

character applications to and proceedings in such Courts shall be written. 

(3) Where this Court requires or allows anything other that the recording of evidence to be done in 
writing in any such Court, such writing may be in English; but if any party or his pleader is unacquainted 
with English a translation into the language of the Court shall, at his request, be supplied to him; and the 
Court shall make such order as it thinks fit in respect of the payment of the costs of such translation. 

STATE AMENDMENT 

Rajasthan 
Amendment of section 137,  Central Act V of 1908.-In section 137 of the Code of Civil Procedure, 1908 (Central 
Act V of 1908), in its application to the State of Rajasthan, for sub-section  (3), the following sub-section shall be 
substituted, namely:- 

"(3) Wherever this Code requires or allows anything other than the recording of evidence to be 
done in writing in any such court, such writing shall be in Hindi in Devnagri Script with the interna-
tional form of Indian numerals : 

Provided that the court may in its discretion accept such writing in English on the undertaking of 
the  party  filing  such  writing,  to  file  a  Hindi  translation  of  the  same,  within  such  time  as  may  be 
granted by the court and the opposite party shall have a right to have a copy of such writing in Hindi." 

[Vide Rajasthan Act 7 of 1983, s. 2] 

3[138.  Power  of  High  Court  to  require  evidence  to  be  recorded  in  English.—(1)  The  4[High 
Court]  may,  by  notification  in  the  Official  Gazette,  direct  with  respect  to  any  Judge  specified  in  the 

1. The words or “of the Chief Court of Lower Burma”, omitted by the A.O. 1937.  
2. Subs. by the A.O. 1937, for “Bombay or Rangoon”. 
3. For s. 138, as applicable to Assam, see the Civil Procedure (Assam Amendment) Act 1941, (Assam 1 of 1941),   

s. 2. 

4. Subs. by Act 4 of 1914, s. 2 and the Schedule, Pt. I, for “L.G.”. 

78 

                                                      
notification, or falling under a description set forth therein, that evidence in cases in which an appeal is 
allowed shall be taken down by him in the English language and in manner prescribed. 

(2)  Where  a  Judge  is  prevented  by  any  sufficient  reason  from  complying  with  a  direction  under      

sub-section (1), he shall record the reason and cause the evidence to be taken down in writing from his 
dictation in open Court. 

139. Oath on affidavit by whom to be administered.— In the case of any affidavit under this Code— 

(a) any Court or Magistrate, or 
1[(aa) any notary appointed under the Notaries Act, 1952 (53 of 1952); or] 
(b) any officer or other person whom a High Court may appoint in this behalf, or 
(c)  any  officer  appointed  by  any  other  Court  which  the  State  Government  has  generally  or 

specially empowered in this behalf, 
may administer the oath to the deponent. 

STATE AMENDMENT 

Uttar Pradesh 
Amendment of section 139 of Act no. 5  of 1908.— In section 139 of the Code of Civil 
Procedure,  1908,  for  clauses  (b)  and  (c),  the  following  shall  be  substituted  and  be 
deemed always to have been substituted, namely :— 

“(b)  any  person  appointed  in  this  behalf  by  a  High  Court  or  by  a District  Court  ;  or 
(c)  any  person  appointed  in  this  behalf    by    such  other    Court    as  the  State  Government  may,    by  

general  or  special  order,  empower  in this behalf” ; 

[Vide Uttar Pradesh Act 11 of 1981, s. 2] 

140. Assessors in causes of salvage, etc.—(1) In any admiralty or vice-admiralty cause of salvage to 
wage  or  collision the  Court,  whether it be exercising  its  original or  its  appellate jurisdiction,  may,  if it 
thinks fit, and shall upon request of either party to such cause, summon to its assistance, in such manner as 
it may direct or as may be prescribed, two competent assessors; and such assessors shall attend and assist 
accordingly. 

(2) Every such assessor shall receive such fees for his attendance, to be paid by such of the parties 

as the Court may direct or as may be prescribed. 

141. Miscellaneous proceedings.—The procedure provided in this Code in regard to suits shall be 

followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction. 

2[Explanation.—  In  this  section,  the  expression  “proceedings”  includes  proceedings  under      

Order IX, but does not include any proceedings under article 226 of the Constitution.] 

142.  Orders  and  notices  to  be  in  writing.—All  orders  and  notices  served  on  or  given  to  any 

person under the provisions of this Code shall be in writing. 

143. Postage.—Postage, where chargeable on a notice, summons or letter issued under this Code 
and  forwarded by  post, and  the  fee  for registering  the  same,  shall  be  paid  within  a  time  to  be  fixed 
before the communication is made: 

Provided that the State Government 3*** may remit such postage, or fee, or both, or may prescribe 

a scale of court-fees to be levied in lieu thereof. 

144. Application for restitution.—(1) Where and in so far as a decree  4[or an order] is  5[varied or 
reversed in any appeal, revision or other proceeding or is set aside or modified in any suit instituted for the 
purpose, the Court which passed the decree or order] shall, on the application of any party entitled to any 
benefit by way of restitution or otherwise, cause such restitution to be made as will, so far as may be, place 
the parties in the position which they would have occupied but for such decree  4[or order] or  6[such part 
thereof as has been varied, reversed, set aside or modified]; and for this purpose, the Court may make any 
orders, including orders for the refund of costs and for the payment of interest, damages, compensation and 
mesne profits, which are properly 7[consequential on such variation, reversal, setting aside or modification 
of the decree or order]. 

1. Ins. by Act 104 of 1976, s. 46 (w.e.f. 1-2-1977). 
2. Ins. by s. 47, ibid. (w.e.f 1-2-1977). 
3. The words “with the previous sanction of the G.G, in C.” omitted by Act 38 of 1920, s. 2 and the First Schedule I, Pt. I 
4. Ins. by Act 66 of 1956, s. 13 (w.e.f. 1-1-1957). 
5. Subs. by Act 104 of 1976. s. 48, for “varied or reversed, the Court of first instance” (w.e.f. 1-2-1977). 
6. Subs. by s. 48, ibid., for “such part thereof as has been varied or reversed” (w.e.f. 1-2-1977). 
7. Subs. by s. 48, ibid., for “consequential on such variation or reversal” (w.e.f. 1-2-1977). 

79 

                                                      
1[Explanation.—For  the  purposes  of  sub-section  (1),  the  expression  “Court  which  passed  the 

decree or order” shall be deemed to include,— 

(a) where the decree or order has been varied or reversed in exercise of appellate or revisional 

jurisdiction, the Court of first instance; 

(b) where the decree or order has been set aside by a separate suit, the court of first instance 

which passed such decree or order. 

(c) where the Court of first instance has ceased to exist or has ceased to have jurisdiction to execute, it, 
the Court which, if the suit wherein the decree or order was passed were instituted at the time of making 
the application for restitution under this section, would have jurisdiction to try such suit.] 

(2) No suit shall be instituted for the purpose of obtaining any restitution or other relief which could 

be obtained by application under sub-section (1). 

145.  Enforcement  of  liability  of  surety.—Where  any  person  2[has  furnished  security  or  given  a 

guarantee]— 

(a) for the performance of any decree or any part thereof, or 

(b) for the restitution of any property taken in execution of a decree, or 

(c) for the payment of any money, or for the fulfilment of any condition imposed on any person, 

under an order of the Court in any suit or in any proceeding consequent thereon, 

3[the  decree  or  order  may  be  executed  in  the  manner  therein  provided  for  the  execution  of  decrees, 
namely:—  

(i) if he has rendered himself personally liable, against him to that extent; 

(ii)  if  he  has  furnished  any  property  as  security,  by  sale  of  such  property  to  the  extent  of  the 

security; 

(iii) if the case falls both under clauses (i) and (ii) then to the extent specified in those clauses, 

and such person shall, be deemed to be a party within the meaning of section 47]: 

Provided that such notice as the Court in each case thinks sufficient has been given to the surety. 

146. Proceedings by or against representatives.—Save as otherwise provided by this Code or by 
any law for the time being in force, where any proceeding may be taken or application made by or against 
any person then the proceeding may be taken or the application may be made by or against any person 
claiming under him. 

147. Consent or agreement by persons under disability.—In all suits to which any person under 
disability  is  a  party,  any  consent  or  agreement,  as  to  any  proceeding  shall,  if  given  or  made  with  the 
express leave of the Court by the next friend or guardian for the suit, have the same force and effect as if 
such person, were under no disability and had given such consent or made such agreement. 

148. Enlargement of time.—Where any period is fixed or granted by the Court for the doing of any act 
prescribed or allowed by this Code, the Court may, in its discretion, from time to time, enlarge such period, 
4[not exceeding thirty days in total,] even though the period originally fixed or granted may have expired. 

5[148A.  Right  to  lodge  a  caveat.—(1)  Where  an  application  is  expected  to  be  made,  or  has  been 
made, in a suit or proceeding instituted, or about to be instituted, in a Court, any person claiming a right 
to appear before the Court on the hearing of such application may lodge a caveat in respect thereof. 

(2) Where a caveat has been lodged under sub-section (1), the person by whom the caveat has been 
lodged  (hereinafter  referred  to  as  the  caveator)  shall  serve  a  notice  of  the  caveat  by  registered  post, 

1. Ins. by Act 104 of 1976, s. 48 (w.e.f. 1-2-1977). 
2. Subs. by s. 49, ibid., for “has become liable as surety” (w.e.f. 1-2-1977). 
3. Subs. by  s. 49, ibid., for certain words (w.e.f. 1-2-1977).  
4. Ins. by Act 46 of 1999, s. 13 (w.e.f. 1-7-2002). 
5. Ins. by Act 104 of 1976, s. 50 (w.e.f. 1-5-1977). 

80 

                                                      
acknowledgement due, on the person by whom the application has been, or is expected to be, made, under 
sub-section (1). 

(3) Where, after a caveat has been lodged under sub-section (1), any application is filed in any suit or 

proceeding, the Court, shall serve a notice of the application on the caveator. 

(4)  Where  a  notice  of  any  caveat  has  been  served  on  the  applicant,  he  shall  forthwith  furnish  the 
caveator at the caveator’s expense, with a copy of the application made by him and also with copies of 
any paper or document which has been, or may be, filed by him in support of the application. 

(5) Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after 
the  expiry  of  ninety  days  from  the  date  on  which  it  was  lodged  unless  the  application  referred  to  in  
sub-section (1) has been made before the expiry of the said period.] 

149. Power to make up deficiency of court-fees.—Where the whole or any part of any fee prescribed for 
any document by the law for the time being in force relating to court-fees has not been paid, the Court may, in 
its discretion, at any stage, allow the person, by whom such fee is payable, to pay the whole or part, as the case 
may be, of such court-fee; and upon such payment the document, in respect of which fee is payable, shall have 
the same force and effect as if such fee had been paid in the first instance. 

150. Transfer of business.— Save as otherwise provided, where the business of any Court is transferred 
to  any  other  Court,  the  Court  to  which  the  business  is  so  transferred  shall  have  the  same  powers  and  shall 
perform the same duties as those respectively conferred and imposed by or under this Code upon the Court 
from which the business was so transferred. 

151.  Saving  of  inherent  powers  of  Court.—Nothing  in  this  Code  shall  be  deemed  to  limit  or 
otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of 
justice or to prevent abuse of the process of the Court. 

152.  Amendment  of  judgments,  decrees  or  orders.—Clerical  or  arithmetical  mistakes  in 
judgments,  decrees  or  orders  or  errors  arising  therein  from  any  accidental  slip  or  omission  may  at  any 
time be corrected by the Court either of its own motion or on the application of any of the parties. 

153. General power to amend.— The Court may at any time, and on such terms as to costs or otherwise 
as it may think fit, amend any defect or error in any proceeding in a suit; and all necessary amendments shall be 
made for the purpose of determining the real question or issue raised by or depending on such proceeding. 

1[153A. Power to amend decree or order where appeal is summarily dismissed.—Where an Appellate 
Court dismisses an appeal under rule 11 of Order XLI, the power of the Court to amend, under section 152, the 
decree or order appealed against may be exercised by the Court which had passed the decree or order in the 
first instance, notwithstanding that the dismissal of the appeal has the effect of confirming the decree or order, 
as the case may be, passed by the Court of first instance. 

153B. Place of trial to be deemed to be open Court.—The place in which any Civil Court is held 
for the purpose of trying any suit shall be deemed to be an open Court, to which the public generally may 
have access so far as the same can conveniently contain them: 

Provided that the presiding Judge may, if he thinks fit, order at any stage of any inquiry into or trial of 
any particular case, that the public generally, or any particular person, shall not have access to, or be or 
remain in, the room or building used by the Court.] 

154. [Saving of present right of appeal.] Rep. by the Repealing and Amending Act, 1952 (48 of 1952), 

s. 2 and the First Schedule. 

155. [Amendment of certain Acts.] Rep. by s. 2 and the First Schedule., ibid. 
156.  [Repeals.] Rep. by the Second Repealing and Amending Act,  1914 (17 of 1914). s. 3 and the Second 

Schedule. 

157.  Continuance  of  orders  under  repealed  enactments.—Notifications  published,  declarations 
and rules made, places appointed, agreements filed, scales prescribed, forms framed, appointments made 
and powers conferred under Act VIII of 1859 or under any Code of Civil Procedure or any Act amending 
the same or under any other enactment hereby repealed shall, so far as they are consistent with this Code, 

1. Ins. by Act 104 of 1976. s. 51 (w.e.f. 1-2-1977). 

81 

                                                      
have  the  same  force  and  effect  as  if  they  had  been  respectively  published,  made,  appointed,  filed, 
prescribed, framed and conferred under this Code and by the authority empowered thereby in such behalf. 
158. Reference to Code of Civil Procedure and other repealed enactments.—In every enactment 
or notification passed or issued before the commencement of this Code in which reference is made to or 
to any Chapter or section of Act VIII of 1859 or any Code of Civil Procedure or any Act amending the 
same or any other enactment hereby repealed, such reference shall, so far as may be practicable, be taken 
to be made to this Code or to its corresponding Part, Order, section or rule. 

______ 

82 

THE FIRST SCHEDULE  
_____ 

ORDER I  
Parties to Suits  
1[1. Who may be joined as plaintiffs.—All persons may be joined in one suit as plaintiffs where— 

(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or 

transactions is alleged to exist in such persons, whether jointly, severally or in the alternative; and 

(b)  if  such  persons  brought  separate  suits,  any  common  question  of  law  or  fact  would 

arise.] 

2.  Power  of  Court  to  order  separate  trial.—Where  it  appears  to  the  Court  that  any  joinder  of 
plaintiffs may embarrass or delay the trial of the suit, the Court may put the plaintiffs to the election or 
order separate trials or make such other order as may be expedient. 

1[3. Who may be joined as defendants.—All persons may be joined in one suit as defendants 

where—  

(a) any right to relief in respect of, or arising out of, the same act or transaction or series of acts or 

transactions is alleged to exist against such persons, whether jointly, severally or in the alternative; 
and 

(b)  if  separate  suits  were  brought  against  such  persons,  any  common  question  of  law  or  fact 

would arise.]  

2[3A.  Power  to  order  separate  trials  where  joinder  of  defendants  may  embarrass  or  delay 
trial.—Where it appears to the Court that any joinder of defendants may embarrass or delay the trial of 
the suit, the Court may order separate trials or make such other order as may be expedient in the interests 
of justice.]  

4. Court may give judgment for or against one or more of joint parties.—Judgment may be given 

without any amendment — 

(a) for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief 

as he or they may be entitled to; 

(b) against such one or more of the defendants as may be found to be liable, according to their 

respective liabilities. 

5. Defendant need not be interested in all the relief claimed.—It shall not be necessary that every 

defendant shall be interested as to all the relief claimed in any suit against him. 

6.  Joinder of parties liable on same contract.—The plaintiff may, at his option, join as parties to 
the  same  suit  all  or  any  of  the  persons  severally,  or  jointly  and  severally,  liable  on  any  one  contract, 
including parties to bills of exchange, hundis and promissory notes. 

7.  When plaintiff in doubt from whom redress is to be sought.—Where the plaintiff is in doubt as to 
the persons from whom he is entitled to obtain redress, he may join two or more defendants in order that the 
question  as  to  which  of  the  defendants  is  liable,  and  to  what  extent,  may  be  determined  as  between  all 
parties.

1. Subs. by Act 104 of 1976, s. 52, for rules 1 and 3 respectively (w.e.f. 1-2-1977). 
2. Ins. by s. 52, ibid. (w.e.f. 1-2-1977). 

83 

 
                                                      
1[8.  One  person  may  sue  or  defend  on  behalf  of  all  in  same  interest.—(1)  Where  there  are 

numerous persons having the same interest in one suit,—  

(a) one or more of such persons may, with the permission of the Court, sue or be sued, or may 

defend such suit, on behalf of, or for the benefit of, all persons so interested; 

(b) the Court may direct that one or more of such persons may sue or be sued, or may defend 

such suit, on behalf of, or for the benefit of, all persons so interested. 

(2) The Court shall, in every case where a permission or direction is given under sub-rule (1), at the 
plaintiff's expense, give notice of the institution of the suit to all persons so interested, either by personal 
service, or, where, by reason of the number of persons or any other cause, such service is not reasonably 
practicable, by public advertisement, as the Court in each case may direct. 

(3)  Any  person  on  whose  behalf,  or  for  whose  benefit,  a  suit  is  instituted,  or  defended,  under                 

sub-rule (1), may apply to the Court to be made a party to such suit. 

(4) No part of the claim in any such suit shall be abandoned under sub-rule (1), and no such suit shall 
be withdrawn under sub-rule (3), of rule 1 of Order XXIII, and no agreement, compromise or satisfaction 
shall be recorded in any such suit under rule 3 of that Order, unless the Court has given, at the plaintiff's 
expense, notice to all persons so interested in the manner specified in sub-rule (2). 

(5) Where any person suing or defending in any such suit does not proceed with due diligence in the suit 

or defence, the Court may substitute in his place any other person having the same interest in the suit. 

(6) A decree passed in a suit under this rule shall be binding on all persons on whose behalf, or for 

whose benefit, the suit is instituted, or defended, as the case may be. 

Explanation.—For the purpose of determining whether the persons who sue or are sued, or defend, 
have the same interest in one suit, it is not necessary to establish that such persons have the same cause 
of action as the persons on whose behalf, or for whose benefit, they sue or are sued, or defend the suit, as 
the case may be.] 

2[8A. Power of Court to permit a person or body of persons to present opinion or to take part in the 
proceedings.— While trying a suit, the Court may, if satisfied that a person or body of persons is interested in 
any question of law which is directly and substantially in issue in the suit and that it is necessary in the public 
interest to allow that person or body of persons to present his or its opinion on that question of law, permit that 
person or body of persons to present such opinion and to take such part in the proceedings of the suit as the 
Court may specify.] 

9.  Misjoinder  and  non-joinder.—No  suit  shall  be  defeated  by  reason  of  the  misjoinder  or                         

non-joinder  of  parties,  and  the  Court  may  in  every  suit  deal  with  the  matter  in  controversy  so  far  as 
regards the rights and interests of the parties actually before it: 

3[Provided that nothing in this rule shall apply to non-joinder of a necessary party.] 

10. Suit in name of wrong plaintiff.—(1) Where a suit has been instituted in the name of the wrong 
person as plaintiff or where it is doubtful whether it has been instituted in the name of the right plaintiff, 
the  Court  may  at  any  stage  of  the  suit,  if  satisfied that  the  suit  has  been instituted  through  a  bona fide 
mistake,  and  that  it  is  necessary  for  the  determination  of  the  real  matter  in  dispute  so  to  do,  order  any 
other person to be substituted or added as plaintiff upon such terms as the Court thinks just. 

(2) Court may strike out or add parties.—The Court may at any stage of the proceedings, either 
upon or without the application of either party, and on such terms as may appear to the Court to be just, 
order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and 
that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose 

1. Subs. by Act 104 of 1976, s. 52, for rule 8 (w.e.f. 1-2-1977). 
2. Ins. by s. 52, ibid. (w.e.f. 1-2-1977). 
3. The proviso added by, ibid., s. 52 (w.e.f. 1-2-1977).  

84 

 
                                                      
presence  before  the  Court may  be  necessary  in  order  to  enable the  Court  effectually  and  completely  to 
adjudicate upon and settle all the questions involved in the suit, be added. 

(3)  No  person  shall  be  added  as  a  plaintiff  suing  without  a  next  friend  or  as  the  next  friend  of  a 

plaintiff under any disability without his consent. 

(4) Where defendant added, plaint to be amended.—Where a defendant is added, the plaint shall, 
unless the Court otherwise directs, be amended in such manner as may be necessary, and amended copies 
of the summons and of the plaint shall be served on the new defendant and, if the Court thinks fit, on the 
original defendant 

(5)  Subject  to  the  provisions  of  the  1[Indian  Limitation  Act,  1877  (XV  of  1877)],  section  22,  the 
proceedings as against any person added as defendant shall be deemed to have begun only on the service 
of the summons. 

2[10A.  Power  of  Court  to  request  any  pleader  to  address  it.—The  Court  may,  in  its  discretion, 
request any pleader to address it as to any interest which is likely to be affected by its decision on any 
matter in issue in any suit or proceeding, if the party having the interest which is likely to be so affected is 
not represented by any pleader.] 

11. Conduct of suit.—The Court may give the conduct of 3[a suit] to such persons as it deems proper. 

12. Appearance of one of several plaintiffs or defendants for others.—(1) Where there are more 
plaintiffs than one, any one or more of them may be authorized by any other of them to appear, plead or 
act for such other in any proceeding; and in like manner, where there are more defendants than one, any 
one or more of them may be authorized by any other of them to appear, plead or act for such other in any 
proceeding. 

(2) The authority shall be in writing signed by the party giving it and shall be filed in Court. 

13.  Objections  as to  non-joinder  or misjoinder.—All  objections  on the  ground  of  non-joinder  or 
misjoinder of parties shall be taken at the earliest possible opportunity and, in all cases where issues are 
settled, at or before such settlement, unless the ground of objection has subsequently arisen, and any such 
objection not so taken shall be deemed to have been waived. 

______ 

ORDER II 

Frame of suit 

1. Frame of suit.—Every suit shall as far as practicable be framed so as to afford ground for final 

decision upon the subjects in dispute and to prevent further litigation concerning them. 

2. Suit to include the whole claim.—(1) Every suit shall include the whole of the claim which the 
plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish and portion of 
his claim in order to bring the suit within the jurisdiction of any Court. 

(2) Relinquishment of part of claim.—Where a plaintiff omits to sue in respect of, or intentionally 
relinquishes, any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or 
relinquished. 

(3) Omission to sue for one of several reliefs.—A person entitled to more than one relief in respect 
of the same cause of action may sue for all or any of such reliefs; but if he omits, except with the leave of 
the Court, to sue for all such reliefs, he shall not afterwards sue for any relief so omitted. 

Explanation.—For the purposes of this rule an obligation and a collateral security for its performance 
and successive claims arising under the same obligation shall be deemed respectively to constitute but one 
cause of action. 

1. See now the Limitation Act, 1963 (36 of 1963), s. 21. 
2. Ins. by Act 104 of 1976, s. 52 (w.e.f. 1-2-1977). 
3. Subs. by s. 52, ibid., for “the suit” (w.e.f. 1-2-1977). 

85 

 
 
                                                      
 
Illustration 

A lets a house to B at a yearly of rent Rs. 1,200. The rent for the whole of the years 1905, 1906 and 1907 is due and unpaid. 

A sues B in 1908 only for the rent due for 1906. A shall not afterwards sue B for the rent due for 1905 or 1907. 

3. Joinder of causes of action.—(1) Save as otherwise provided, a plaintiff may unite in the same 
suit several causes of action against the same defendant, or the same defendants jointly; and any plaintiffs 
having  causes  of  action  in  which  they  are  jointly  interested  against  the  same  defendant  or  the  same 
defendants jointly may unite such causes of action in the same suit. 

(2) Where causes of action are united, the jurisdiction of the Court as regards the suit shall depend on 

the amount or value of the aggregate subject-matters at the date of instituting the suit. 

4.  Only  certain  claims  to  be  joined  for  recovery  of  immovable  property.—No  cause  of  action 
shall, unless with the leave of the Court, be joined with a suit for the recovery of immovable property, 
except—  

(a)  claims  for  mesne  profits  or  arrears  of  rent  in  respect  of  the  property  claimed  or  any  part 

thereof; 

(b) claims for damages for breach of any contract under which the property or any part thereof is 

held; and 

(c) claims in which the relief sought is based on the same cause of action: 

Provided that nothing in this rule shall be deemed to prevent any party in a suit for foreclosure or 

redemption from asking to be put into possession of the mortgaged property. 

5.  Claims  by  or  against  executor,  administrator  or  heir.—No  claim  by  or  against  an  executor, 
administrator  or  heir,  as  such,  shall  be  joined  with  claims  by  or  against  him  personally,  unless  the  last 
mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant 
sues or is sued as executor, administrator or heir, or are such as he was entitled to, or liable for, jointly with 
the deceased person whom he represents. 

1[6.  Power  of  Court  to  order  separate  trials.—Where  it  appears  to  the  Court  that  the  joinder  of 
causes of action in one suit may embarrass or delay the trial or is otherwise inconvenient, the Court may 
order separate trials or make such other order as may be expedient in the interests of justice.] 

7. Objections as to misjoinder.—All objections on the ground of misjoinder of causes of action shall 
be taken at the earliest possible opportunity and, in all cases where issues are settled, at or before such 
settlement, unless the ground of objection has subsequently arisen, and any such objection not so taken 
shall be deemed to have been waived. 

STATE AMENDMENT 

Uttar Pradesh 

Amendment  of    the  First Schedule  Order  II.—  In  the  First  Schedule  to  the  principal  Act 

(hereinafter in this Chapter referred  to  as  the  First  Schedule),  in  Order II,  in rule  2  — 

(a) the existing explanation shall be numbered as Explanation I, and after Explanation I, 

as so numbered the following explanation II, shall be inserted, namely :— 

“Explanation II— For the purpose of this rule a claim for ejectment  of  the  defendant  from 
immovable  property  let  out  to  him  and a claim for money  due  from  him  on account  of  rent  or 
compensation for  use  and  occupation  of  that  property,  shall  be  deemed  to  be  claims in  respect 
of  distinct  causes of action.”; 

(b) for  the   illustration,   the   following   illustration   shall   be substituted, namely :— 
“Illustration— A lets immovable property to B at a yearly rent. The rent for the whole of the 
years 1905, 1906 and 1907 is due and unpaid, and the tenancy  is  determined before A sues Bin 
1908, only for the  rent due for 1906. A may afterwards  sue B for ejectment but not for the rent 
due for 1905 or 1907.” 

[Vide Uttar Pradesh Act 57 of 1976, s. 4] 

1. Subs. by Act 104 of 1976, s. 53, for rule 6 (w.e.f. 1-2-1977). 

86 

 
 
 
 
 
                                                      
______ 

ORDER III 

Recognized Agents and Pleaders 

1.  Appearances,  etc.,  may  be  in  person,  by  recognized  agent  or  by  pleader.—Any  appearance, 
application or act in or to any Court, required or authorized by law to be made or done by a party in such Court, 
may, except where otherwise expressly provided by any law for the time being in force, be made or done by the 
party in person, or by his recognized agent, or by a pleader 1[appearing, applying or acting, as the case may be,] 
on his behalf : 

Provided that any such appearance shall, if the Court so directs, be made by the party in person. 

2. Recognised agents.—The recognised agents of parties by whom such appearances, applications and 

acts may be made or done are—  

(a)  persons  holding  powers-of-attorney,  authorising  them  to  make  and  do  such  appearances, 

applications and acts on behalf of such parties; 

(b) persons carrying on trade or business for and in the names of parties not resident within the 
local limits of the jurisdiction of the Court within which limits the appearance, application or act is 
made  or  done,  in  matters  connected  with  such  trade  or  business  only,  where  no  other  agent  is 
expressly authorised to make and do such appearances, applications and acts. 

3. Service of process on recognised agent.—(1) Processes served on the recognised agent of a party 
shall  be  as  effectual  as  if  the  same  had  been  served  on  the  party  in  person,  unless  the  Court  otherwise 
directs. 

(2) The provisions for the service of process on a party to a suit shall apply to the service of process 

on his recognised agent. 

2[4. Appointment of pleader.—(1) No pleader shall act for any person in any Court, unless he has been 
appointed for the purpose by such person by a document in writing signed by such person or by his recognised 
agent or by some other person duly authorised by or under a power-of-attorney to make such appointment. 

(2) Every such appointment shall be  3[filed in Court and shall, for the purposes of sub-rule (1), be] 
deemed to be in force until determined with the leave of the Court by a writing signed by the client or the 
pleader,  as  the  case  may  be,  and  filed  in  Court,  or  until  the  client  or  the  pleader  dies,  or  until  all 
proceedings in the suit are ended so far as regards the client. 

4[Explanation. —For the purposes of this sub-rule, the following shall be deemed to be proceedings in 

the suit,—  

(a) an application for the review of decree or order in the suit, 

(b) an application under section 144 or under section 152 of this Code, in relation to any decree or 

order made in the suit, 

(c) an appeal from any decree or order in the suit, and 

(d)  any  application  or  act  for  the  purpose  of  obtaining  copies  of  documents  or  return  of 
documents  produced  or  filed  in  the  suit  or  of  obtaining  refund  of  moneys  paid  into  the  Court  in 
connection with the suit.] 

5[(3) Nothing in sub-rule (2) shall be construed—  

(a)  as  extending,  as  between  the  pleader  and  his  client,  the  duration  for  which  the  pleader  is 

engaged, or 

1. Subs. by Act 22 of 1926, s. 2, for “duly appointed to act”. 
2. Subs. by Act 22 of 1926, s. 2, for rule 4. 
3. Subs. by Act 104 of 1976, s. 54, for certain words (w.e.f. 1-2-1977). 
4. Ins. by s. 54, ibid. (w.e.f. 1-2-1977). 
5. Subs. by s. 54, ibid., for sub-rule (3) (w.e.f. 1-2-1977). 

87 

 
                                                      
(b) as authorising service on the pleader of any notice or document issued by any Court other than 
the Court for which the pleader was engaged, except where such service was expressly agreed to by 
the client in the document referred to in sub-rule (1).] 

(4) The High Court may, by general order, direct that, where the person by whom a pleader is appointed 

is unable to write his name, his mark upon the document appointing the pleader shall be attested by such 
person and in such manner as may be specified by the order. 

(5) No pleader who has been engaged for the purpose of pleading only shall plead on behalf of any 

party, unless he has filed in court a memorandum of appearance signed by himself and stating—  

(a) the names of the parties to the suit, 

(b) the name of the party for whom he appears, and 

(c) the name of the person by whom he is authorised to appear: 

Provided that nothing in this sub-rule shall apply to any pleader engaged to plead on behalf of any 

party by any other pleader who has been duly appointed to act in Court on behalf of such party.] 

5.  Service  of  process  on  pleader.—1[Any  process  served  on  the  pleader  who  has  been  duly 
appointed to  act in  Court  for  any  party]  or  left  at the  office  or  ordinary  residence  of  such  pleader, and 
whether  the  same  is  for  the  personal  appearance  of  the  party  or  not,  shall  be  presumed  to  be  duly 
communicated  and  made  known  to  the  party  whom  the  pleader  represents,  and,  unless  the  Court 
otherwise directs, shall be as effectual for all purposes as if the same had been given to or served on the 
party in person. 

6.  Agent  to  accept  service.—(1)  Besides  the  recognised  agents  described  in  rule  2  any  person 

residing within the jurisdiction of the Court may be appointed an agent to accept service of process. 

(2) Appointment to be in writing and to be filed in Court.—Such appointment may be special or 
general and shall be made by an instrument in writing signed by the principal, and such instrument or, if 
the appointment is general, a certified copy thereof shall be filed in Court. 

2[(3) The Court may, at any stage of the suit, order any party to the suit not having a recognised agent 
residing within the jurisdiction of the Court, or a pleader who has been duly appointed to act in the Court 
on his behalf, to appoint, within a specified time, an agent residing within the jurisdiction of the Court to 
accept service of the process on his behalf.] 

______ 

ORDER IV 

Institution of suits 

1.  Suit  to  be  commenced  by  plaint.—(1)  Every  suit  shall  be  instituted  by  presenting  3[plaint  in 

duplicate to the Court] or such officer as it appoints in this behalf. 

(2)  Every  plaint  shall  comply  with  the  rules  contained  in  Orders  VI  and  VII,  so  far  as  they  are 

applicable. 

4[(3)  The  plaint  shall  not  be  deemed  to  be  duly  instituted  unless  it  complies  with  the  requirements 

specified in sub-rules (1) and (2)]. 

2. Register of suits.—The Court shall cause the particulars of every suit to be entered in a book to be 
kept for the purpose and called the register of civil suits. Such entries  shall be numbered in every year 
according to the order in which the plaints are admitted. 

1. Subs. by Act 104 of 1976, s. 54, for certain words (w.e.f. 1-2-1977).  
2. Ins. by s. 54, ibid. (w.e.f. 1-2-1977). 
3. Subs. by Act 46 of 1999, s. 14, for certain words (w.e.f. 1-7-2002). 
4. Ins. by s. 14, ibid. (w.e.f. 1-7-2002). 

88 

 
 
 
                                                      
Uttar Pradesh 

STATE AMENDMENT 

Insertion of      Order IV-A.—In the First Schedule, after Order IV, the following  Order shall  be 
inserted, namely  :— 

“ORDER   IV-A 

CONSOLIDATION  OF  CASES 

1.  Consolidation of suits and proceedings— When  two  or more suits or  proceedings  are  
pending   in   the   same   court,  and   the court  is  of  opinion  that  it  is  expedient  in  the  interest  of 
justice,  it  may by order direct their joint trial, whereupon   all  such  suits  and proceedings may  be  
decided upon the  evidence  in all or any  such suits or proceedings.  ” 

[Vide Uttar Pradesh Act 57 of 1976, s. 5] 

Amendment of Order VI.— In the First Schedule, in Order VI, in rule 15, in sub-rule (1), for the 
words “at the foot”, the following words shall be substituted, namely :— 

“on  oath  administered  by  an officer  empowered  under  section 139 of the  Code,”. 

[Vide Uttar Pradesh Act 57 of 1976, s. 6] 

______ 

ORDER V 

Issue and service of summons 

Issue of Summons 

1. Summons.—1[(1) When a suit has been duly instituted, a summons may be issued to the defendant 
to appear and answer the claim and to file the written statement of his defence, if any, within thirty days 
from the date of service of summons on that defendant: 

Provided that no such summons shall be issued when a defendant has appeared at the presentation of 

plaint and admitted the plaintiff’s claim: 

*[Provided further that where the defendant fails to file the written statement within the said period of 
thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the 
Court,  for  reasons  to  be  recorded  in  writing  and  on  payment  of  such  costs  as  the  Court  deems  fit,  but 
which shall not be later than one hundred twenty days from the date of service of summons and on expiry 
of one hundred twenty days from the date of service of summons, the defendant shall forfeit the right to 
file the written statement and the Court shall not allow the written statement to be taken on record.] 

(2) A defendant to whom a summons has been issued under sub-rule (1) may appear—  

(a) in person, or 

(b) by a pleader duly instructed and able to answer all material questions relating to the suit, or 

(c) by a pleader accompanied by some person able to answer all such questions. 

(3)  Every  such  summons  shall  be  signed  by  the  Judge  or  such  officer  as  he  appoints,  and  shall  be 

sealed with the seal of the Court. 

Jammu and Kashmir and Ladakh (UTs).— 

STATE AMENDMENT 

In Order V, in Rule 1, for the second proviso, substitute the following proviso, namely;- 

Provided further that where the defendant fails to file the written statement within the said period of 
thirty days, he shall be allowed to file the written statement on such other day, as may be specified by the 

1. Subs. by Act 22 of 2002, s. 6, for sub-rule (1) (w.e.f. 1-7-2002). 
*. Shall be applicable to commercial disputes of a specified value only by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-
2015). 

89 

 
 
                                                      
court, for reasons to be recorded in writing and on payment of such costs as the court deems fit, but which 
shall not be later than one hundred twenty days from the date of service of summons and on expiry of one 
hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the 
written statement and the court shall not allow the written statement to be taken on record. 

[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]. 

1[2. Copy of plaint annexed to summons.—Every summon shall be accompanied by a copy of the 

plaint.] 

3. Court may order defendant or plaintiff to appear in person.—(1) Where the court sees reason 
to require the personal appearance of the defendant, the summons shall order him to appear in person in 
Court on the day therein specified. 

(2) Where the Court sees reason to require the personal appearance of the plaintiff on the same day, it 

shall make an order for such appearance. 

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

shall be ordered to appear in person unless he resides—  

(a) within the local limits of the Court’s ordinary original jurisdiction, or 
(b)  without  such  limits  but  at  place  less  than  fifty  or  (where  there  is  railway  or  steamer 
communication  or  other  established  public  conveyance  for  five-sixths  of  the  distance  between  the 
place where he resides and the place where the Court is situate) less than two hundred miles distance 
from the court-house. 

5. Summons to be either to settle issues or for final disposal.—The Court shall determine, at the 
time of issuing the summons, whether it shall be for the settlement of issues only, or for the final disposal 
of the suit; and the summons shall contain a direction accordingly: 

Provided that, in every suit heard by a Court of Small Causes, the summons shall be for the final 

disposal of the suit. 

6.  Fixing  day  for  appearance  of  defendant.—The  day  2[under  sub-rule  (1)  of  rule  1]  shall  be 
fixed with reference to the current business of the Court, the place of residence of the defendant and the 
time necessary for the service of the summons; and the day shall be so fixed as to allow the defendant 
sufficient time to enable him to appear and answer on such day. 

7.  Summons  to  order  defendant  to  produce  documents  relied  on  by  him.—The  summons  to 
appear  and  answer  shall  order  the  defendant  to  produce  3[all  documents  or  copies  thereof  specified  in 
rule lA of Order VIII] in his possession or power upon which he intends to rely in support of his case. 

8. On issue of summons for final disposal, defendant to be directed to produce his witnesses.—Where 
the summons is for the final disposal of the suit, it shall also direct the defendant to produce, on the day fixed 
for his appearance, all witnesses upon whose evidence he intends to rely in support of his case. 

Service of summons 

4[9.  Delivery  of  summons  by  Court.—(1)  Where  the  defendant  resides  within  the  jurisdiction  of  the 
Court  in  which  the  suit  is  instituted,  or  has  an  agent  resident  within  that  jurisdiction  who  is  empowered  to 
accept the service of the summons, the summons shall, unless the Court otherwise directs, be delivered or sent 
either to the proper officer to be served by him or one  of his subordinates or to such courier services as are 
approved by the Court. 

 (2) The proper officer may be an officer of a Court other than that in which the suit is instituted, and, where 

he is such an officer, the summons may be sent to him in such manner as the Court may direct. 

(3) The services of summons may be made by delivering or transmitting a copy thereof by registered post 
acknowledgment  due,  addressed  to  the  defendant  or  his  agent  empowered  to  accept  the  service  or  by  speed 
post or by such courier services as are approved by the High Court or by the Court referred to in sub-rule (1) or 

1. Subs. by Act 46 of 1999, s. 15, for sub-rule (2) (w.e.f. 1-7-2002). 
2. Subs. by Act 22 of 2002, s. 15, for the appearance of the defendant  (w.e.f. 1-7-2002). 
3. Subs. by s. 15, ibid., for all documents (w.e.f. 1-7-2002). 
4. Subs. by s. 6, ibid., for rule 9 (w.e.f. 1-7-2002). 

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by any other means of transmission of documents (including fax message or electronic mail service) provided 
by the rules made by the High Court: 

Provided that the service of summons under this sub-rule shall be made at the expenses of the plaintiff. 

(4) Notwithstanding anything contained in sub-rule (1), where a defendant resides outside the jurisdiction 
of the Court in which the suit is instituted, and the Court directs that the service of summons on that defendant 
may be made by such mode of service of summons as is referred to in sub-rule (3) (except by registered post 
acknowledgment due), the provisions of rule 21 shall not apply. 

(5) When an acknowledgment or any other receipt purporting to be signed by the defendant or his agent is 
received  by  the  Court  or  postal  article  containing  the  summons  is  received  back  by  the  Court  with  an 
endorsement purporting to have been made by a postal employee or by any person authorised by the courier 
service to the effect that the defendant or his agent had refused to take delivery of the postal article containing 
the  summons  or  had  refused  to  accept  the  summons  by  any  other  means  specified  in  sub-rule  (3)  when 
tendered or transmitted to him, the Court issuing the summons shall declare that the summons had been duly 
served on the defendant: 

Provided  that  where  the  summons  was  properly  addressed,  pre-paid  and  duly  sent  by  registered  post 
acknowledgment due, the declaration referred to in this sub-rule shall be made notwithstanding the fact that the 
acknowledgment  having  been  lost  or  mislaid,  or  for  any  other  reason,  has  not  been  received  by  the  Court 
within thirty days from the date of issue of summons. 

(6) The High Court or the District Judge, as the case may be, shall prepare a panel of courier agencies for 

the purposes of sub-rule (1). 

9A.  Summons  given  to  the  plaintiff  for  service.—(1)  The  Court  may,  in  addition  to  the  service  of 
summons under rule 9, on the application of the plaintiff for the issue of a summons for the appearance of the 
defendant, permit such plaintiff to effect service of such summons on such defendant and shall, in such a case, 
deliver the summons to such plaintiff for service. 

(2)  The  service  of  such  summons  shall  be  effected  by  or  on  behalf  of  such  plaintiff  by  delivering  or 
tendering to the defendant personally a copy thereof signed by the Judge or such officer of the Court as he may 
appoint  in  this  behalf  and  sealed  with  the  seal  of  the  Court  or  by  such  mode  of  service  as  is  referred  to  in                  
sub-rule (3) of rule 9. 

(3) The provisions of rules 16 and 18 shall apply to a summons personally served under this rule as if the 

person effecting service were a serving officer. 

(4) If such summons, when tendered, is refused or if the person served refuses to sign an acknowledgment of 
service or for any reason such summons cannot be served personally, the Court shall, on the application of the party, 
re-issue such summons to be served by the Court in the same manner as a summons to a defendant.] 

10. Mode of service.—Service of the summons shall be made by delivering or tendering a copy thereof signed 

by the Judge or such officer as he appoints in this behalf, and sealed with the seal of the Court. 

11. Service on several defendants.—Save as otherwise prescribed, where there are more defendants 

than one, service of the summons shall be made on each defendant. 

12.  Service  to  be  on  defendant  in  person  when  practicable,  or  on  his  agent.  —Wherever  it  is 
practicable, service shall be made on the defendant in person, unless he has an agent empowered to accept 
service, in which case service on such agent shall be sufficient. 

13.  Service  on  agent  by  whom  defendant  carries  on  business.—(1)  In  a  suit  relating  to  any 
business  or  work  against  a  person  who does  not  reside  within  the  local limits of  the jurisdiction  of  the 
Court from which the summons is issued, service on any manager or agent, who, at the time of service, 
personally  carries  on  such  business  or  work  for  such  person  within  such  limits,  shall  be  deemed  good 
service. 

(2) For the purpose of this rule the master of a ship shall be deemed to be the agent of the owner or 

charterer. 

14. Service on agent in charge in suits for immovable property.—Where in a suit to obtain relief 
respecting, or compensation for wrong to, immovable property, service cannot be made on the defendant 

91 

 
in person, and the defendant has no agent empowered to accept the service, it may be made on any agent 
of the defendant in charge of the property. 

1[15. Where service may be on an adult member of defendant's family.— Where in any suit the 
defendant is absent from his residence at the time when the service of summons is sought to be effected 
on his at his residence and there is no likelihood of his being found at the residence within a reasonable 
time  and  he  has  no  agent  empowered  to  accept  service  of  the  summons  on  his  behalf,  service  may  be 
made on any adult member of the family, whether male or female, who is residing with him. 

Explanation. —A servant is not a member of the family within the meaning of this rule.] 

16. Person served to sign acknowledgment.—Where the serving officer delivers or tenders a copy 
of the summons to the defendant personally, or to an agent or other person on his behalf, he shall require 
the signature of the person to whom the copy is so delivered or tendered to an acknowledgment of service 
endorsed on the original summons. 

17.  Procedure  when  defendant  refuses  to  accept  service,  or  cannot  be  found.—Where  the 
defendant or his agent or such other person as aforesaid refuses to sign the acknowledgment, or where the 
serving  officer,  after  using  all due  and  reasonable  diligence, cannot  find the  defendant,  2[who is  absent 
from his residence at the time when service is sought to be effected on him at his residence and there is no 
likelihood of his being found at the residence within a reasonable time]  and there is no agent empowered 
to accept service of the summons on his behalf, nor any other person on whom service can be made, the 
serving officer shall affix a copy of the summons on the outer door or some other conspicuous part of the 
house in which the defendant ordinarily resides or carries on business or personally works for gain, and 
shall  then  return  the  original  to  the  Court  from  which  it  was  issued,  with  a  report  endorsed  thereon  or 
annexed thereto stating that he has so affixed the copy, the circumstances under which he did so, and the 
name  and  address  of  the  person (if  any)  by  whom  the  house  was  identified  and  in  whose  presence  the 
copy was affixed. 

18. Endorsement of time and manner of service.—The serving officer shall, in all cases in which 
the summons has been served under rule 16, endorse or annex, or cause to be endorsed or annexed, on or 
to  the  original  summons,  a  return  stating  the  time  when  and  the  manner  in  which  the  summons  was 
served, and the name and address of the person (if any) identifying the person served and witnessing the 
delivery or tender of the summons. 

19. Examination of serving officer.—Where a summons is returned under rule 17, the Court shall, if the 
return under that rule has not been verified by the affidavit of the serving officer, and may, if it has been so 
verified, examine the serving officer on oath, or cause him to be so examined by another Court, touching his 

proceedings, and may make such further enquiry in the matter as it thinks fit; and shall either declare that 
the summons has been duly served or order such service as it thinks fit. 

19A. [Simultaneous issue of summons for service by post in addition to personal service.] Omitted by 

the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999), s. 15 (w.e.f. 1-7-2002).  

20.  Substituted  service.—(1)  Where  the  Court  is  satisfied  that  there  is  reason  to  believe  that  the 
defendant is keeping out of the way for the purpose of avoiding service, or that for any other reason the 
summons  cannot  be  served  in  the  ordinary  way,  the  Court  shall  order  the  summons  to  be  served  by 
affixing a copy thereof in some conspicuous place in the Court-house, and also upon some conspicuous 
part of the house (if any) in which the defendant is known to have last resided or carried on business or 
personally worked for gain, or in such other manner as the Court thinks fit. 

3[(1A) Where the Court acting under sub-rule (1) orders service by an advertisement in a newspaper, 
the newspaper shall be a daily newspaper circulating in the locality in which the defendant is last known 
to have actually and voluntarily resided, carried on business or personally worked for gain.] 

1. Subs. by Act 104 of 1976, s. 55, for rule 15 (w.e.f. 1-2-1977). 
2. Ins. by s. 55, ibid. (w.e.f. 1-2-1977). 
3. Ins. by Act 104 of 1976, s. 55 (w.e.f. 1-2-1977).   

92 

 
 
 
                                                      
(2) Effect of substituted service.—Service substituted by order of the Court shall be as effectual as if 

it had been made on the defendant personally. 

(3) Where service substituted, time for appearance to be fixed.—Where service is substituted by 
order  of  the  Court,  the  Court  shall  fix  such  time  for  the  appearance  of  the  defendant  as  the  case  may 
require. 

1[20A.  Service  of  summons  by  post.]  Rep.  by  the  Code  of  Civil  Procedure  (Amendment)  Act,  1976 

(104 of 1976), s. 55 (w.e.f. 1-2-1977)]. 

21.  Service  of  summons  where  defendant  resides  within  jurisdiction  of  another  Court.—A 
summons may be sent by the Court by which it is issued, whether within or without the State, either by 
one of its officers 2[or by post or by such courier service as may be approved by the High Court, by fax 
message or by Electronic Mail service or by any other means as may be provided by the rules made by 
the  High  Court]  to  any  Court  (not  being  the  High  Court)  having  jurisdiction  in  the  place  where  the 
defendant resides. 

22. Service within presidency towns of summons issued by Courts outside.—Where a summons 
issued by any Court established beyond the limits of the towns of Calcutta, Madras 3[and Bombay] is to 
be served within any such limits, it shall be sent to the Court of Small Causes within whose jurisdiction it 
is to be served. 

23. Duty of Court to which summons is sent.—The Court to which a summons is sent under rule 21 or 
rule 22 shall, upon receipt thereof, proceed as if it had been issued by such Court and shall then return the 
summons to the Court of issue, together with the record (if any) of its proceedings with regard thereto. 

24.  Service  on  defendant  in  prison.—Where  the  defendant  is  confined  in  a  prison,  the  summons 
shall be delivered or sent  3[or by post or by such courier service as may be approved by the High Court, 
by  fax  message  or  by  Electronic  Mail  service  or  by  any  other  means  as  may  be  provided  by  the  rules 
made by the High Court] to the officer in charge of the prison for service on the defendant. 

25. Service where defendant resides out of India and has no agent.—Where the defendant resides 
out of 4[India] and has no agent in 5[India] empowered to accept service, the summons shall be addressed 
to the defendant at the place where he is residing and sent to him 3[or by post or by such courier service as 
may be approved by the High Court, by fax message or by Electronic Mail service or by any other means 
as may be provided by the rules made by the High Court], if there is postal communication between such 
place and the place where the Court is situate: 

5[Provided  that  where  any  such  defendant  6[resides  in  Bangladesh  or  Pakistan],  the  summons, 
together with a copy thereof, may be sent for service on the defendant, to any Court in that country (not 
being the High Court) having jurisdiction in the place where the defendant resides : 

Provided further that where any such defendant is a public officer  7[in Bangladesh or Pakistan (not 
belonging to the Bangladesh or, as the case may be, Pakistan military, naval or air forces)] or is a servant 
of a railway company or local authority in that country, the summons, together with a copy thereof, may 
be sent for service on the defendant, to such officer or authority in that country as the Central Government 
may by notification in the Official Gazette, specify in this behalf.] 

8[26. Service in foreign territory through Political Agent or Court.—Where—  

(a) in the exercise of any foreign jurisdiction vested in the Central Government, a Political Agent 
has been appointed, or a Court has been established or continued, with power to serve a summons, 

1. Ins. by Act 66 of 1956, s. 14 (w.e.f. 1-1-1957).  
2. Subs. by Act 46 of 1999, s. 15, for certain words (w.e.f. 1-7-2002). 
3. Subs. by the A.O. 1937, for “Bombay and Rangoon”. 
4. Subs. by Act 2 of 1951, s. 3, for “the State”.  
5. Ins. by Act 19 of 1951, s. 2. 
6. Subs. by Act 104 of 1976, s. 53, for “resides in Pakistan,” (w.e.f. 1-2-1977). 
7. Subs. by s. 55, ibid., for certain words (w.e.f. 1-2-1977). 
8. Subs. by s. 55, ibid., for rule 26 (w.e.f. 1-2-1977). 

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issued  by  a  Court  under  this  Code,  in  any  foreign  territory  in  which  the  defendant  actually  and 
voluntarily resides, carries on business or personally works for gain, or 

(b)  the  Central  Government  has,  by  notification  in  the  Official  Gazette,  declared  in  respect  of 
any Court situate in any such territory and not established or continued in the exercise of any such 
jurisdiction as  aforesaid,  that  service  by  such  Court  of  any  summons  issued  by  a  Court  under  this 
Code shall be deemed to be valid service, 

the summons may be sent to such Political Agent or Court, by post, or otherwise, or if so directed by the 
Central  Government,  through  the  Ministry  of  that  Government  dealing  with  foreign  affairs,  or  in  such 
other manner as may be specified by the Central Government for the purpose of being served upon the 
defendant; and, if the Political Agent or Court returns the summons with an endorsement purporting to 
have been made by such Political Agent or by the Judge or other officer of the Court to the effect that the 
summons has been served on the defendant in the manner hereinbefore directed, such endorsement shall 
be deemed to be evidence of service. 

26A. Summonses to be sent to officers to foreign countries.—Where the Central Government has, by 
notification in the Official Gazette, declared in respect of any foreign territory that summonses to be served 
on defendants actually and voluntarily residing or carrying on business or personally working for gain in that 
foreign territory may be sent to an officer of the Government of the foreign territory specified by the Central 
Government, the summonses may be sent to such officer, through the Ministry of the Government of India 
dealing with foreign affairs or in such other manner as may be specified by the Central Government; and if 
such officer returns any such summons with an endorsement purporting to have been made by him that the 
summons has been served on the defendant, such endorsement shall be deemed to be evidence of service]. 

27. Service on civil public officer or on servant of railway company or local authority.—Where 
the defendant is a public officer (not belonging to the 1[the Indians] military  2[naval or air] forces 3***), 
or  is  the  servant  of  a  railway  company  or  local  authority,  the  Court  may,  if  it  appears  to  it  that  the 
summons  may  be  most  conveniently  so  served,  send  it  for  service  on  the  defendant  to  the  head  of  the 
office in which he is employed, together with a copy to be retained by the defendant. 

28. Service on soldiers, sailors or airmen.—Where the defendant is a soldier, 4[sailor] 5[or airman], 
the  Court  shall  send  the  summons  for  service  to  his  commanding  officer  together  with  a  copy  to  be 
retained by the defendant. 

29. Duty of person to whom summons is delivered or sent for service.—(1) Where a summons is 
delivered or sent to any person for service under rule 24, rule 27 or rule 28, such person shall be bound to 
serve it if possible, and to return it under his signature, with the written acknowledgment of the defendant, 
and such signature shall be deemed to be evidence of service. 

(2) Where from any cause service is impossible, the summons shall be returned to the Court with a 
full statement of such cause and of the steps taken to procure service, and such statement shall be deemed 
to be evidence of non-service. 

30.  Substitution  of  letter  for  summons.—  (1)  The  Court  may,  notwithstanding  anything  hereinbefore 
contained, substitute for a summons a letter signed by the Judge or such officer as he may appoint in this behalf, 
where the defendant is, in the opinion of the Court, of a rank entitling him to such mark of consideration. 

(2) A letter  substituted  under  sub-rule (1)  shall contain  all  the  particulars  required  to  be  stated  in a 

summons, and, subject to the provisions of sub-rule (3), shall be treated in all respects as a summons. 

(3) A letter so substituted may be sent to the defendant by post or by a special messenger selected by 
the  Court,  or  in  any  other  manner  which  the  Court  thinks  fit;  and,  where  the  defendant  has  an  agent 
empowered to accept service, the letter may be delivered or sent to such agent. 

1. Subs. by the A.O. 1950, for “his Majesty’s”. 
2. Subs. by Act 10 of 1927, s. 2 and the First Sch., for “or naval”. 
3. The words “or His Majesty’s Indian Marine Service” omitted by Act 35 of 1934, s. 2 and the Schedule. 
4. Ins. by s. 2 and the Schedule ibid. 
5. Ins. by Act 10 of 1927, s. 2 and the First Schedule. 

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______ 

ORDER VI 

Pleadings generally 

1. Pleading.—“Pleading” shall mean plaint or written statement. 
1[2.  Pleading  to  state  material  facts  and  not  evidence.—(1)  Every  pleading  shall  contain,  and 
contain only, a statement in a concise form of the material facts on which the party pleading relies for his 
claim or defence, as the case may be, but not the evidence by which they are to be proved. 

(2) Every pleading shall, when necessary, be divided into paragraphs, numbered consecutively, each 

allegation being, so far as is convenient, contained in a separate paragraph. 

(3) Dates, sums and numbers shall be expressed in a pleading in figures as well as in words.] 

3.  Forms  of  pleading.—The  forms  in  Appendix  A  when  applicable,  and  where  they  are  not 

applicable forms of the like character, as nearly as may be, shall be used for all pleadings. 

*[3A.  Forms  of  pleading  in  Commercial  Courts.––In  a  commercial  dispute,  where  forms  of 
pleadings have been prescribed under the High Court Rules or Practice Directions made for the purposes 
of such commercial disputes, pleadings shall be in such forms.] 

4. Particulars to be given where necessary.—In all cases in which the party pleading relies on any 
misrepresentation, fraud, breach of trust, wilful default, or undue influence, and in all other cases in which 
particulars  may  be  necessary  beyond  such  as  are  exemplified  in  the  forms  aforesaid,  particulars  (with 
dates and items if necessary) shall be stated in the pleading. 

5.  [Further  and  better  statement,  or  particulars.]  Omitted  by  the  Code  of  Civil  Procedure 

(Amendment) Act, 1999 (46 of 1999), s. 16 (w.e.f. 1-7-2002). 

6. Condition precedent. —Any condition precedent, the performance or occurrence of which is intended 
to be contested, shall be distinctly specified in his pleading by the plaintiff or defendant, as the case may be; 
and, subject thereto, an averment of the performance or occurrence of all conditions precedent necessary for 
the case of the plaintiff or defendant shall be implied in his pleading. 

7. Departure.—No pleading shall, except by way of amendment, raise any new ground of claim or 

contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same. 

8.  Denial  of  contract.—Where  a  contract  is  alleged  in  any  pleading,  a  bare  denial  of  the  same  by  the 
opposite party shall be construed only as a denial in fact of the express contract alleged or of the matters of fact 
from which the same may be implied, and not as a denial of the legality or sufficiency in law of such contract. 

9.  Effect of document to be stated.—Wherever the contents of any document are material, it shall be 
sufficient in any pleading to state the effect thereof as briefly as possible, without setting out the whole or 
any part thereof, unless the precise words of the document or any part thereof are material. 

10. Malice, knowledge, etc.—Wherever it is material to allege malice, fradulent intention, knowledge 
or  other  condition  of  the mind  of  any  person,  it  shall be  sufficient to allege  the  same  as  a fact  without 
setting out the circumstances from which the same is to be inferred. 

11. Notice.—Wherever it is material to allege notice to any person of any fact, matter or thing, it shall 
be  sufficient  to allege  such  notice as  a  fact,  unless  the  form  or  the precise terms  of such notice,  or  the 
circumstances from which such notice is to be inferred, are material. 

12. Implied contract, or relation.—Whenever any contract or any relation between any persons is to 
be implied from a series of letters or conversations or otherwise from a number of circumstances, it shall 
be  sufficient  to  allege  such  contract  or  relation  as  a  fact,  and  to  refer  generally  to  such  letters, 
conversations  or  circumstances  without  setting  them  out  in  detail.  And  if  in  such  case  the  person  so 

1. Subs. by Act 104 of 1976, s. 56, for rule 2 (w.e.f. 1-2-1977).  
* Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). 

95 

 
                                                      
pleading desires to rely in the alternative upon more contracts or relations than one as to be implied from 
such circumstances, he may state the same in the alternative. 

13. Presumptions of law.—Neither party need in any pleading allege any matter of fact which the 
law presumes in his favour or as to which the burden of proof lies upon the other side unless the same has 
first been specifically denied  (e.g., consideration for a bill of exchange where the plaintiff sues only on 
the bill and not for the consideration as a substantive ground of claim). 

14.  Pleading  to  be  signed.—Every  pleading  shall  be  signed  by  the  party  and  his  pleader  (if  any): 
Provided that where a party pleading is, by reason of absence or for other good cause, unable to sign the 
pleading, it may be signed by any person duly authorized by him to sign the same or to sue or defend on 
his behalf 

1[14A. Address for service of notice.—(1) Every pleading, when filed by a party, shall be accompanied 

by a statement in the prescribed form, signed as provided in rule 14, regarding the address of the party. 

(2) Such address may, from time to time, be changed by lodging in Court a form duly filled up and 

stating the new address of the party and accompanied by a verified petition. 

(3) The address furnished in the statement made under sub-rule (1) shall be called the  “registered 
address” of the party, and shall, until duly changed as aforesaid, be deemed to be the address of the party 
for the purpose of service of all processes in the suit or in any appeal from any decree or order therein 
made and for the purpose of execution, and shall hold good, subject as aforesaid, for a period of two years 
after the final determination of the cause or matter. 

(4) Service of any process may be effected upon a party at his registered address in all respects as 

though such party resided thereat. 

(5)  Where  the  registered  address  of  a  party  is  discovered  by  the  Court  to  be  incomplete.  false  or 

fictitious, the Court may, either on its own motion, or on the application of any party, order—  

(a) in the case where such registered address was furnished by a plaintiff, stay of the suit, or 

(b) in  the  case  where  such  registered address  was  furnished  by  a defendant,  his  defence  be 

struck out and he be placed in the same position as if he had not put up any defence. 

(6) Where a suit is stayed or a defence is struck out under sub-rule (5), the plaintiff or, as the case may be, 
the defendant may, after furnishing his true address, apply to the Court for an order to set aside the order of 
stay or, as the case may be, the order striking out the defence. 

(7) The Court, if satisfied that the party was prevented by any sufficient cause from filing the true address 
at the proper time, shall set aside the order of stay or order striking out the defence, on such terms as to costs or 
otherwise as it thinks fit and shall appoint a day for proceeding with the suit or defence, as the case may be. 

(8) Nothing in this rule shall prevent the Court from directing the service of a process at any other address, 

if, for any reason, it thinks fit to do so.] 

15.  Verification  of  pleadings.—(1)  Save  as  otherwise provided by  any  law  for  the  time  being  in  force, 
every  pleading  shall  be  verified  at  the  foot  by  the  party  or  by  one  of  the  parties  pleading  or  by  some  other 
person proved to the satisfaction of the Court to be acquainted with the facts of the case. 

(2)  The  person  verifying  shall  specify,  by  reference  to  the  numbered  paragraphs  of  the  pleading,  what  he 

verifies of his own knowledge and what he verifies upon information received and believed to be true. 

1. Ins. by Act 104 of 1976, s. 56 (w.e.f. 1-2-1977). 

96 

 
                                                      
(3) The verification shall be signed by the person making it and shall state the date on which and the place 

at which it was signed. 

1[(4) The person verifying the pleading shall also furnish an affidavit in support of his pleadings. 

*[15A. Verification of pleadings in a commercial dispute.— (1) Notwithstanding anything contained in 
Rule  15,  every  pleading  in  a  commercial  dispute  shall  be  verified  by  an  affidavit  in  the  manner  and  form 
prescribed in the Appendix to this Schedule.  

(2)  An  affidavit  under  sub-rule  (1)  above  shall  be  signed  by  the  party  or  by  one  of  the  parties  to  the 
proceedings, or by any other person on behalf of such party or parties who is proved to the satisfaction of the 
Court to be acquainted with the facts of the case and who is duly authorised by such party or parties. 

(3) Where a pleading is amended, the amendments must be verified in the form and manner referred to in 

sub-rule (1) unless the Court orders otherwise.  

(4)  Where  a  pleading  is  not  verified  in  the  manner  provided  under  sub-rule  (1),  the  party  shall  not  be 

permitted to rely on such pleading as evidence or any of the matters set out therein.  

(5)  The  Court  may  strike  out  a  pleading  which  is  not  verified  by  a  Statement  of  Truth,  namely,  the 

affidavit set out in the Appendix to this Schedule.] 

2[16. Striking out pleadings.—The Court may at any stage of the proceedings order to be struck out or 

amended any matter in any pleading—  

(a) which may be unnecessary, scandalous, frivolous or vexatious, of 

(b) which may tend to prejudice, embarrass or delay the fair trail of the suit, or 

(c) which is otherwise an abuse of the process of the Court.] 

3[17.  Amendment  of  pleadings.—The  Court  may  at  any  stage  of  the  proceedings  allow  either  party  to 
alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall 
be  made  as  may  be  necessary  for  the  purpose  of  determining  the  real  questions  in  controversy  between  the 
parties: 

Provided  that  no  application  for  amendment  shall  be  allowed  after  the  trial  has  commenced,  unless  the 
Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before 
the commencement of trial. 

18. Failure  to amend  after  Order.—If  a party  who  has obtained  an  order  for  leave  to  amend  does  not 
amend accordingly within the time limited for that purpose by the order, or if no time is thereby limited then 
within fourteen days from the date of the order, he shall not be permitted to amend after the expiration of such 
limited  time  as  aforesaid  or  of  such  fourteen  days,  as  the  case  may  be,  unless  the  time  is  extended  by  the 
Court.] 

Uttar Pradesh 

STATE AMENDMENT 

Amendment of Order VI of the  First  Schedule.— In the First Schedule to  the  said  
Code,  in  Order   VI,   in  rule 15, in sub-rule  (1), for words, “on  oath administered  by an 
officer empowered under section 137 of the Code,” 
[Vide Uttar Pradesh Act 31 of 1978, s. 4] 

1. Ins. by Act 46 of 1999, s. 16 (w.e.f. 1-7-2002). 
2. Subs. by Act 104 of 1976, s. 56, for rule 16 (w.e.f. 1-2-1977). 
3. Subs. by Act 22 of 2002, s. 7, for rules 17 and 18 (w.e.f. 1-7-2002). 
* Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). 

97 

 
 
 
                                                      
 
____ 

ORDER VII 

Plaint 

1. Particulars to be contained in plaint.—The plaint shall contain the following particulars:—  

(a) the name of the Court in which the suit is brought; 

(b) the name, description and place of residence of the plaintiff; 

(c) the name, description and place of residence of the defendant, so far as they can be ascertained; 

(d) where the plaintiff or the defendant is a minor or a  person of unsound mind, a statement to that 

effect; 

(e) the facts constituting the cause of action and when it arose;   

(f) the facts showing that the Court has jurisdiction; 

(g) the relief which the plaintiff claims; 

(h)  where  the  plaintiff  has  allowed  a  set-off  or  relinquished  a  portion  of  his  claim,  the  amount  so 

allowed, or relinquished; and 

(i)  a  statement  of  the  value  of  the  subject-matter  of  the  suit  for  the  purposes  of  jurisdiction  and  of 

court-fees, so far as the case admits. 

2. In money suits.—Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount 

claimed : 

But  where  the  plaintiff  sues  for  mesne  profits,  or  for  an  amount  which  will  be  found  due  to  him  on  taking 
unsettled accounts between him and the defendant, 1[or for movables in the possession of the defendant, or for debts 
of which the value he cannot, after the exercise of reasonable diligence, estimate, the plaint shall state approximately 
the amount or value sued for.] 

*[2A. Where interest is sought in the suit. — (1) Where the plaintiff seeks interest, the plaint shall contain a 

statement to that effect along with the details set out under sub-rules (2) and (3).  

(2)  Where  the  plaintiff  seeks  interest,  the  plaint  shall  state  whether  the  plaintiff  is  seeking  interest  in 

relation  to  a  commercial  transaction  within  the  meaning  of  section  34  of  the  Code  of  Civil  Procedure,                           
1908 (5 of 1908) and, furthermore, if the plaintiff is doing so under the terms of a contract or under an Act, in 
which case the Act is to be specified in the plaint; or on some other basis and shall state the basis of that.  

(3) Pleadings shall also state— 

(a) the rate at which interest is claimed; 

(b) the date from which it is claimed;  

(c) the date to which it is calculated;  

(d) the total amount of interest claimed to the date of calculation; and  

(e) the daily rate at which interest accrues after that date.] 

STATE AMENDMENT 

Jammu and Kashmir and Ladakh (UTs)― 

In Order VII, after Rule, insert the following Rule, namely:- 

1. Subs. by Act 104 of 1976, s. 57, for certain words (w.e.f. 1-2-1977).  
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). 

98 

 
 
                                                      
 
2A.  Where  interest  is  sought  in  the  suit.—(1)  Where  the  plaintiff  seeks  interests,  the  plaint  shall 

contain a statement to that effect along with the details set out under sub-rules (2) and (3).  

(2) Where the plaintiff seeks interest, the plaint shall state whether the plaintiff is seeking interest in 
relation  to  a  commercial  transaction  within  the  meaning  of  section  34  of  the  Code  of  Civil  Procedure, 
1908 and, furthermore, if the plaintiff is doing so under the terms of a contract or under an Act, in which 
case the Act is to be specified in the plaint; or on some other basis and shall state the basis of that. 

(3) Pleadings shall also state— 

(a) the rate at which interest is claimed; 

(b) the date from which it is claimed; 

(c) the date to which it is calculated; 

(d) the total amount of interest claimed to the date calculation; and 

(e) the daily rate at which interest accrues after the date. 

[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]. 

3.  Where  the  subject-matter  of  the  suit  is  immovable  property.—Where  the  subject-matter  of  the  suit  is 
immovable property, the plaint shall contain a description of the property sufficient to identify it, and, in case such 
property can be identified by boundaries or numbers in a record of settlement or survey, the plaint shall specify such 
boundaries or numbers. 

4.  When  plaintiff  sues  as  representative.—Where  the  plaintiff  sues  in  a  representative  character  the  plaint 
shall show  not only that he has an actual existing interest in the subject-matter, but that  he has taken the steps (if 
any) necessary to enable him to institute a suit concerning it. 

5. Defendant’s interest and liability to be shown.—The plaint shall show that the defendant is or claims to be 

interested in the subject-matter, and that he is liable to be called upon to answer the plaintiff’s demand. 

6. Grounds of exemption from limitation law.—Where the suit is instituted after the expiration of the period 
prescribed  by  the  law  of  limitation,  the  plaint  shall  show  the  ground  upon  which  exemption  from  such  law  is  
claimed : 

1[Provided that the Court may permit the plaintiff to claim exemption from the law of limitation on any ground 

not set out in the plaint, if such ground is not inconsistent with the grounds set out in the plaint.] 

7.  Relief  to  be  specifically  stated.—Every  plaint  shall  state  specifically  the  relief  which  the  plaintiff  claims 
either simply or in the alternative, and it shall not be necessary to ask for general or other relief which may always 
be given as the Court may think just to the same extent as if it had been asked for. And the same rule shall apply to 
any relief claimed by the defendant in his written statement. 

8. Relief founded on separate grounds.—Where the plaintiff seeks relief in respect of several distinct claims 
or causes of action founded upon separate and distinct grounds, they shall be stated as far as may be separately and 
distinctly. 

2[9. Procedure on admitting plaint.—Where the Court orders that the summons be served on the defendants in 
the manner provided in rule 9 of Order V, it will direct the plaintiff to present as many copies of the plaint on 
plain paper as there are defendants within seven days from the date of such order along with requisite fee for 
service of summons on the defendants.] 

310. Return of plaint.—(1) 4[ Subject to the provisions of rule 10A, the plaint shall] at any stage 

of the suit be returned to be presented to the Court in which the suit should have been instituted. 

1. The proviso added by Act 104 of 1976, s. 57 (w.e.f. 1-2-1977). 
2. Subs. by Act 22 of 2002, s. 8, for rule 9 (w.e.f. 1-7-2002). 
3. This rule has been applied to suits for the recovery of rent under the Chota Nagpur Tenancy Act, 1908 (Ben. 6 of 1908) s. 265.  
4. Subs. by Act 104 of 1976, s. 57, for certain words (w.e.f. 1-2-1977).  

99 

 
                                                      
1[Explanation.—  For  the  removal  of  doubts,  it  is  hereby  declared  that  a  Court  of  appeal  or 
revision may direct after setting aside the decree passed in a suit, the return of the plaint under this 
sub-rule.] 

(2) Procedure on returning plaint. —On returning a plaint, the Judge shall endorse thereon the 
date  of  its  presentation  and  return,  the  name  of  the  party  presenting  it,  and  a  brief  statement  of  the 
reasons for returning it. 

3[10A.  Power  of  Court  to  fix  a  date  of  appearance  in  the  Court  where  plaint  is  to  be  filed 
after its return.—(1) Where, in any suit, after the defendant has appeared, the  Court is of opinion 
that the plaint should be returned, it shall, before doing so, intimate its decision to the plaintiff.] 

(2)  Where  an  intimation  is  given  to  the  plaintiff  under  sub-rule  (1),  the  plaintiff  may  make  an 

application to thc Court—  

(a) specifying the Court in which he proposes to present the plaint after its return, 

(b) praying that the Court may fix a date for the appearance of the parties in the said Court, and 

(c) requesting that the notice of the date so fixed may be given to him and to the defendant. 

(3)  Where  an  application  is  made  by  the  plaintiff  under  sub-rule  (2),  the  Court  shall,  before 
returning  the  plaint  and  notwithstanding  that  the  order  for  return  of  plaint  was  made  by  it  on  the 
ground that it has no jurisdiction to try the suit,—  

(a) fix a date for the appearance of the parties in the Court in which the plaint is proposed to 

be presented, and 

(b) give to the plaintiff and to the defendant notice of such date for appearance. 

(4) Where the notice of the date for appearance is given under sub-rule (3),—  

(a) it shall not be necessary for the Court in which the plaint is presented after its return, to 
serve the defendant with a summons for appearance in the suit, unless that Court, for reasons to be 
recorded, otherwise directs, and 

(b) the said notice shall be deemed to be a summons for the appearance of the defendant in the 
Court in which the plaint is presented on the date so fixed by the Court by which the plaint was 
returned. 

(5)  Where  the  application  made  by  the  plaintiff  under  sub-rule  (2)  is  allowed  by  the  Court,  the 

plaintiff shall not be entitled to appeal against the order returning the plaint. 

10B.  Power  of  appellate  Court  to  transfer  suit  to  the  proper  Court.—  (1)  Where,  on  an 
appeal against an order for the return of plaint, the Court hearing the appeal confirms such order, the 
Court  of  appeal  may,  if  the  plaintiff  by  an  application  so  desires,  while  returning  the  plaint,  direct 
plaintiff  to  file the  plaint, subject  to  the  provisions  of  the  Limitation  Act,  1963  (36  of  1963),  in  the 
Court in which the suit should have been instituted, (whether such Court is within or without the State 
in which the Court hearing the appeal is situated), and fix a date for the appearance of the parties in the 
Court in which the plaint is directed to be filed and when the date is so fixed it shall not be necessary 
for the Court in which the plaint is filed to serve the defendant with the summons for appearance in the 
suit, unless that Court in which the plaint is filed, for reasons to be recorded, otherwise directs. 

(2) The direction made by the Court under sub-rule (1) shall be without any prejudice to the rights of 

the parties to question the jurisdiction of the Court, in which the plaint is filed, to try the suit.] 

11. Rejection of plaint.— The plaint shall be rejected in the following cases:— 

(a) where it does not disclose a cause of action; 

1. Ins. by s. 57, ibid. (w.e.f. 1-2-1977). 

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(b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to 

correct the valuation within a time to be fixed by the Court, fails to do so; 

(c) where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently 
stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a 
time to be fixed by the Court, fails to do so; 

(d) where the suit appears from the statement in the plaint to be barred by any law; 

1[(e) where it is not filed in duplicate;] 

2[(f) where the plaintiff fails to comply with the provisions of rule 9:] 

3[Provided  that  the  time  fixed  by  the  Court  for  the  correction  of  the  valuation  or  supplying  of  the 
requisite stamp-paper shall not be extended unless the Court, for reasons to be recorded, is satisfied that 
the  plaintiff  was  prevented  by  any  cause  of  an  exceptional  nature  from  correcting  the  valuation  or 
supplying  the  requisite  stamp-paper,  as  the  case  may  be,  within  the  time  fixed  by  the  Court  and  that 
refusal to extend such time would cause grave injustice to the plaintiff.] 

12. Procedure on rejecting plaint.—Where a plaint is rejected the Judge shall record an order to that 

effect with the reasons for such order. 

13.  Where  rejection  of  plaint  does  not  preclude  presentation  of fresh  plaint.—The  rejection  of 
the plaint on any of the grounds hereinbefore mentioned shall not of its own force preclude the plaintiff 
from presenting a fresh plaint in respect of the same cause of action. 

Documents relied on in plaint 

4[14. Production of document on which plaintiff sues or relies.—(1) Where a plaintiff sues upon a 
document or relies upon document in his possession or power in support of his claim, he shall enter such 
documents in a list,  and  shall  produce it  in  Court  when  the plaint is presented by  him  and  shall,  at the 
same time deliver the document and a copy thereof, to be filed with the plaint. 

(2) Where any such document is not in the possession or power of the plaintiff, he shall, wherever 

possible, state in whose possession or power it is. 

5[(3) A document which ought to be produced in Court by the plaintiff when the plaint is presented, or 
to be entered in the list to be added or annexed to the plaint but is not produced or entered accordingly, 
shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of the suit.] 

(4) Nothing in this rule shall apply to document produced for the cross-examination of the plaintiffs 

witnesses, or handed over to a witness merely to refresh his memory.] 

15. [Statement in case of documents not in plaintiff possession or powers.] omitted by Act 46 of 1999 

s. 17 (w.e.f. 1-7-2002). 

16. Suits on lost negotiable instruments.—Where the suit is founded upon a negotiable instrument, 
and it is proved that the instrument is lost, and an indemnity is given by the plaintiff, to the satisfaction of 
the Court, against the claims of any other person upon such instrument, the Court may pass such decree as 
it would have passed if the plaintiff had produced the instrument in Court when the plaint was presented, 
and had at the same time delivered a copy of the instrument to be filed with the plaint. 

17. Production of shop-book.—(1) Save in so far as is otherwise  provided by the Bankers’ Books Evidence 
Act,  1891  (XVIII  of  1891),  where  the  document  on  which  the  plaintiff  sues  is  an  entry  in  a  shop-book  or  other 
account in his possession or power, the plaintiff shall produce the book or account at the time of filing the plaint, 
together with a copy of the entry on which he relies. 

1. Ins. by Act 46 of 1999, s. 17 (w.e.f. 1-7-2002). 
2. Subs. by Act 22 of 2002, s. 8, for sub-clauses (f) and (g) (w.e.f. 1-7-2002). 
3. Added by Act 104 of 1976, s. 57 (w.e.f. 1-2-1977). 
4. Subs. by Act 46 of 1999, s. 17, for rule 14 (w.e.f. 1-7-2002). 
5. Subs. by Act 22 of 2002, s. 8, for sub-rule (3) (w.e.f. 1-7-2002). 

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(2) Original entry to be marked and returned.—The Court or such officer as it appoints in this behalf, shall 
forthwith  mark the  document for the purpose of identification; and, after examining and comparing the copy  with 
the original, shall, if it is found correct, certify it to be so and return the book to the plaintiff and cause the copy to be 
filed. 

18. [Inadmissibility of document not produced when plaint filed.] omitted by Act 22 of 2002, s. 8 (w. e. f. 1-7-

2002). 

______ 

ORDER VIII 

1[Written statement, set-off and counter-claim] 

2[1.    Written  Statement.—The  Defendant  shall,  within  thirty  days  from  the  date  of  service  of 

summons on him, present a written statement of his defence: 

Provided  that  where  the  defendant  fails  to  file  the  written  statement  within  the  said  period  of  thirty 
days, he shall be allowed to file the same on such other day, as may be specified by the Court, for reasons 
to  be  recorded  in  writing,  but  which  shall  not  be  later  than  ninety  days  from  the  date  of  service  of 
summons.] 

*[Provided that where the defendant fails to file the written statement within the said period of thirty 
days, he shall be allowed to file the written statement on such other day, as may be specified by the Court, 
for reasons to be recorded in writing and on payment of such costs as the Court deems fit, but which shall 
not  be  later  than  one  hundred  twenty  days  from  the  date  of  service  of  summons  and  on  expiry  of  one 
hundred twenty days from the date of service of summons, the defendant shall forfeit the right to file the 
written statement and the Court shall not allow the written statement to be taken on record.] 

STATE AMENDMENTS 

Jammu and Kashmir and Ladakh (UTs). — 

In Rule 1, for the proviso thereto, substitute the following proviso, namely,- 

Provided that where the defendant fails to file the written statement with the said period of thirty days, 
he shall be allowed to file the written statement on such other day, as may be specified by the court, for 
reasons to be recorded in writing and on payment of such costs as the court deems fit, but which shall not 
be later than one hundred twenty days from the date of service of summons and on expiry of one hundred 
twenty days from the date of service of summons, the defendant shall forfeit the right to file the written 
statement and the court shall not allow the written statement to be taken on record. 

[Vide  the  Jammu  and  Kashmir  Reorganisation  (Adaptation  of  Central  Laws)  Order,  2020,  
notification  No.  S.O.  1123(E)  dated  (18-3-2020)  and  vide  Union  Territory  of  Ladakh  Reorganisation 
(Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]. 

3[1A.  Duty  of  defendant  to  produce  documents  upon  which  relief  is  claimed  or  relied  upon  by 
him.—(1)  Where  the  defendant  bases  his  defence  upon  a  document  or  relies  upon  any  document  in  his 
possession  or  power,  in  support  of  his  defence  or  claim  for  set-off  or  counter-claim,  he  shall  enter  such 
document in a list, and shall produce it in Court when the written statement is presented by him and shall, at 
the same time, deliver the document and a copy thereof, to be filed with the written statement. 

(2) Where any such document is not in the possession or power of the defendant, he shall, wherever 

possible, state in whose possession or power it is. 

1. Subs. by Act 104 of 1976, s. 58, for the former head ing (w.e.f. 1-2-1977). 
2. Subs. by Act 22 of 2002, s. 9, for rule 1 (w.e.f 1 -7-2002). 
3. Ins. by Act 46 of 1999, s.18 (w.e.f. 1 -7-2002). 

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1[(3) A document which ought to be produced in Court by the defendant under this rule, but, is not so 
produced shall not, without the leave of the Court, be received in evidence on his behalf at the hearing of 
the suit.] 

(4) Nothing in this rule shall apply to documents— 

(a) produced for the cross-examination of the plaintiff's witnesses, or 

(b) handed over to a witness merely to refresh his memory.] 

2.  New facts must be specially pleaded.—The defendant must raise by his pleading all matters which 
show the suit not be maintainable, or that the transaction is either void or voidable in point of law, and all 
such grounds of defence as, if not raised, would be likely to take the opposite party by surprise, or would 
raise  issues  of  fact  not  arising  out  of  the  plaint,  as,  for  instance,  fraud,  limitation,  release,  payment, 
performance, or facts showing illegality. 

3. Denial to be specific.—It shall not be sufficient for a defendant in his written statement to deny 
generally  the  grounds  alleged  by  the  plaintiff,  but  the  defendant  must  deal  specifically  with  each 
allegation of fact of which he does not admit the truth, except damages. 

*[3A. Denial by the defendant in suits before the Commercial Division of the High Court or the 
Commercial Court.— (1) Denial shall be in the manner provided in sub-rules (2), (3), (4) and (5) of this 
Rule.  

(2)  The  defendant  in  his  written  statement  shall  state  which  of  the  allegations  in  the  particulars  of 
plaint he denies, which allegations he is unable to admit or deny, but which he requires the plaintiff to 
prove, and which allegations he admits.  

(3) Where the defendant denies an allegation of fact in a plaint, he must state his reasons for doing so 
and if he intends to put forward a different version of events from that given by the plaintiff, he must state 
his own version. 

(4) If the defendant disputes the jurisdiction of the Court he must state the reasons for doing so, and if 

he is able, give his own statement as to which Court ought to have jurisdiction.  

(5) If the defendant disputes the plaintiff’s valuation of the suit, he must state his reasons for doing so, 

and if he is able, give his own statement of the value of the suit.] 

Jammu and Kashmir and Ladakh (UTs).― 

After Rue 3, insert the following Rule, namely,- 

STATE AMENDMENT 

“3A. Denial by the defendant in suits.—(1) Denial shall be in the manner provided in sub-rules (2), 

(3), (4) and (5) of this rule. 

(2)  The  defendant  in  his  written  statement  shall  state  which  of  the  allegations  in  the  particulars  of 
plaint he denies, which allegations he is unable to admit or deny, but which he requires the plaintiff to 
prove, and which allegations he admits. 

(3) Where the defendant denies an allegation of fact in a plaint, he must state his reasons for doing so 
and if he intends to put forward a different version of events from that given by the plaintiff, he must state 
his own version. 

(4) If the defendant disputes the jurisdiction of the court he must state the reasons for doing so, and if 

he is able, give his own statement as to which court ought to have jurisdiction.  

(5) If the defendant disputes the plaintiff valuation of the suit, he must state his reasons for doing so, 

and if he is able, give his own statement of the value of the suit. 

[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]. 

1. Subs. by Act 22 of 2002, s. 9, for sub-rule (3) (w.e.f. 1-7-2002). 
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). 

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4. Evasive-denial.—Where a defendant denies an allegation of fact in the plaint, he must not do so 
evasively,  but  answer  the  point  of  substance.  Thus,  if  it  is  alleged  that  he  received  a  certain  sum  of 
money, it shall not be sufficient to deny that he received that particular amount, but he must deny that he 
received that sum or any part thereof, or else set out how much he received. And if an allegation is made 
with diverse circumstances, it shall not be sufficient to deny it along with those circumstances. 

5.  Specific  denial.—1[(1)]  Every  allegation  of  fact  in  the  plaint,  if  not  denied  specifically  or  by 
necessary implication, or stated to be not admitted in the pleading of the defendant, shall be taken to be 
admitted except as against a person under disability: 

Provided that the Court may in its discretion require any fact so admitted to be proved otherwise than 

by such admission: 

*[Provided  further  that  every  allegation  of  fact  in  the  plaint,  if  not  denied  in  the  manner  provided 

under Rule 3A of this Order, shall be taken to be admitted except as against a person under disability.] 

2[(2)  Where  the  defendant  has  not  filed  a  pleading,  it  shall  be  lawful  for  the  court  to  pronounce 
judgment on the basis of the facts contained in the plaint, except as against a person under a disability, but 
the Court may, in its discretion, require any such fact to be proved. 

(3) In exercising its discretion under the proviso to sub-rule (1) or under sub-rule (2), the Court shall 

have due regard to the fact whether the defendant could have, or has, engaged a pleader. 

(4)  Whenever  a  judgment  is  pronounced  under  this  rule,  a  decree  shall  be  drawn  up  in  accordance 

with such judgment and such decree shall bear the date on which the judgment was pronounced.] 

STATE AMENDMENT 

Jammu and Kashmir and Ladakh (UTs).— 
In Rule 5, in sub-rule (1) after first proviso thereto, insert the following proviso, namely:- 
 Provided  further,  that  every  allegation  of  fact  in  the  plaint,  if  not  denied  in  the  manner  provided 

under Rue 3-A of this order, shall be taken to be admitted except as against a person under disability. 

[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]. 

6.  Particulars  of  set-off  to  be  given  in  written  statement.—(1)  Where  in  a  suit  for  the  recovery  of 
money  the  defendant  claims  to  set-off  against  the  plaintiff's  demand  any  ascertained  sum  of  money  legally 
recoverable by him from the plaintiff, not exceeding the pecuniary limits of the jurisdiction of the Court, and 
both parties fill the same character as they fill in the plaintiff's suit, the defendant may, at the first hearing of 
the  suit,  but  not  afterwards  unless  permitted  by  the  Court,  presents  a  written  statement  containing  the 
particulars of the debt sought to be set-off. 

(2) Effect of set-off.—The written statement shall have the same effect as a plaint in a cross-suit so as 
to enable the court to pronounce a final judgment in respect both of the original claim and of the set-off: 
but this shall not affect the lien, upon the amount decreed, of any pleader in respect of the costs payable to 
him under the decree. 

(3) The rules relating to a written statement by a defendant apply to a written statement in answer to a 

claim of set-off. 

Illustrations 
(a) A bequeaths Rs. 2,000 to B and appoints C his executor and residuary legatee. B dies and D takes out adminis tration 
to B's effects, C pays Rs, 1,000 as surety for D; then D sues C for the legacy. C cannot set -off the debt of Rs. 1,000 
against the legacy, for neither C nor D fills the same character with respect to the legacy as they fill with respect to 
the payment of the Rs. 1,000. 

(b) A dies intestate and in debt to B. C takes out administration to A’s effects and B buys part of the effects from C. 
In  a  suit  for  the  purchase-money  by  C  against  B,  the  latter  cannot  set-off  the  debt  against  the  price,  for  C  fills 
two different characters, one as the vendor to B, in which he sues B, and the other as representative to A.  

(c)  A  sues  B  on  a  bill  of  exchange.  B  alleges  that  A  has  wrongfully  neglected  to  insure  B's  goods  and  is  liable  to  him  in 

compensation which he claims to set-off. The amount not being ascertained cannot be set-off. 

1. Rule 5 renumbered as sub-rule (I) by Act 104 of 1976, s. 58 (w.e.f. 1-2-1977). 
2. Ins. by s. 58, ibid. (w.e.f. 1-2-1977). 
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Schedule (w.e.f. 23-10-2015). 

104 

 
                                                      
(d)  A sues B on a bill of exchange for Rs. 500. B holds a judgment against A for Rs. 1,000. The two claims being both definite 

pecuniary demands may be set-off. 

(e) A sues B for compensation on account of trespass. B hold a promissory note for Rs. 1,000 from A and claims to set-off that 
amount  against  any  sum  that  A  may  recover  in  the  suit.  B  may  do  so,  for,  as  soon  as  A  recovers,  both  sums  are  definite 
pecuniary demands. 

(f) A and B sue C for Rs. 1,000. C cannot set-off a debt due to him by A alone. 
(g) A sues B and C for Rs. 1,000. B cannot set-off a debt due to him alone by A. 
(h) A owes the partnership firm of B and C Rs. 1,000. B dies, leaving C surviving. A sues C for a debt for Rs. 1,500 due in his 

separate character. C may set-off the debt of Rs. 1,000. 
1[6A.  Counter-claim  by  defendant.—(1)  A  defendant  in  a  suit  may,  in  addition  to  his  right  of 
pleading a set-off under rule 6, set up, by  way of counter-claim  against the claim  of the plaintiff, any 
right or claim in respect of a cause of action accruing to the defendant against the plaintiff either before 
or after the filing of the suit but before the defendant has delivered his defence or before the time limited 
for  delivering  his  defence  has  expired,  whether  such  counter-claim  is  in  the  nature  of  a  claim  for 
damages or not: 

Provided  that  such  counter-claim  shall  not  exceed  the  pecuniary  limits  of  the  jurisdiction  of  the 

court. 

(2)  Such  counter-claim  shall  have  the  same  effect  as  a  cross-suit  so  as  to  enable  the  Court  to  pro-

nounce a final judgment in the same suit, both on the original claim and on the counter-claim. 

(3) The plaintiff shall be at liberty to file a written statement in answer to the counter-claim of the 

defendant within such period as may be fixed by the court. 

(4) The counter-claim shall be treated as a plaint and governed by the rules applicable to plaints. 
6B. Counter-claim to be stated.— Where any defendant seeks to rely upon any ground as support-
ing a right of counter-claim, he shall, in his written statement, state specifically that he does so by way of 
counter-claim. 

6C. Exclusion of counter-claim.—Where a defendant sets up a counter-claim and the plaintiff con-
tends that the claim thereby raised ought not to be disposed of by way of counter-claim but in an indepen-
dent suit, the plaintiff may, at any time before issues are settled in relation to the counter-claim, apply to 
the  Court  for  an  order that  such counter-claim  may  be  excluded,  and  the  Court may,  on  the  hearing  of 
such application make such order as it thinks fit. 

6D. Effect of discontinuance of suit.— If in any case in which the defendant sets up a counterclaim, 
the  suit  of  the  plaintiff  is  stayed,  discontinued  or  dismissed,  the  counter-claim  may  nevertheless  be 
proceeded with. 

6E.  Default  of  plaintiff  to  reply  to  counter-claim.—If  the  plaintiff  makes  default  in  putting  in  a 
reply to the counter-claim made by the defendant, the Court may pronounce judgment against the plaintiff 
in relation to the counter-claim made against him, or make such order in relation to the counter-claim as it 
thinks fit. 

6F. Relief to defendant where counter-claim succeeds.—Where in any suit a set-off or counter-
claim  is  established  as  a  defence  against  the  plaintiff’s  claim  and  any  balance  is  found  due  to  the 
plaintiff or the defendant,  as the  case  may  be. the Court  may  give judgment to the  party  entitled to 
such balance. 

6G.  Rules relating to written statement to apply.—The rules relating to a written statement by a 

defendant shall apply to a written statement filed in answer to a counter-claim.] 

7.  Defence  or  set-off founded  upon  separate  grounds.—Where  the  defendant relies  upon several 
distinct grounds of defence or set-off   1[or counter-claim] founded upon separate and distinct facts, they 
shall be stated, as far as may be, separately and distinctly. 

8. New ground of defence.—Any ground of defence which has arisen after the institution of the suit 
or  the  presentation  of  a  written  statement  claiming  a  set-off  1[or  counter-claim]  may  be  raised  by  the 
defendant or plaintiff, as the case may be, in his written statement. 

8A. [Duty of defendant to produce documents upon which relief is claimed by him.] omitted by Act  

46 of 1999, s. 18 (w.e.f. 1-7-2002). 

2[9. Subsequent pleadings.—No pleading subsequent to the written statement of a defendant other 
than by way of defence to set-off or counter-claim shall be presented except by the leave of the Court 

1. Ins. by Act 104 of 1976, s. 58 (w.e.f. 1-2-1977). 
2. Subs. by Act 22 of 2002, s. 9, for rules 9 and 10 (w.e.f. 1-7-2002). 

105 

 
                                                      
and upon such terms as the Court thinks fit; but the Court may at any time require a written statement or 
additional  written  statement  from  any  of  the  parties  and  fix  a  time  of  not  more  than  thirty  days  for 
presenting the same. 

10.  Procedure  when  party  fails  to  present  written  statement  called  for  by  Court.—Where  any 
party from whom a written statement is required under rule 1 or rule 9 fails to present the same within the 
time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him, 
or make such order in relation to the suit as it thinks fit and on the pronouncement of such judgment a 
decree shall be drawn up:] 

*[Provided further that no Court shall make an order to extend the time provided under Rule 1 of this 

Order for filing of the written statement.] 

STATE AMENDMENT 

Jammu and Kashmir and Ladakh (UTs).― 
In Rule 10, insert the following proviso, namely:- 
Provided that no court shall make an order to extend the time provided under Rule 1 of this order for 

filing of the written statement. 

[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]. 

______ 

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.—On the day 
fixed  in  the  summons  for  the  defendant  to  appear  and  answer,  the  parties  shall  be  in  attendance  at  the 
Court-house in person or by their respective pleaders, and the suit shall then be heard unless the hearing is 
adjourned to a future day fixed by the Court. 

1[2.  Dismissal  of  suit  where  summons  not  served  in  consequence  of  plaintiff's  failure  to  pay 
costs.—Where on the day so fixed it is found that summons has not been served upon the defendant in 
consequence  of the failure  of  the  plaintiff  to  pay  the  court-fee  or  postal  charges,  if  any,  chargeable for 
such service, or failure to present copies of the plaint as required by rule 9 of Order VII, the Court may 
make an order that the suit be dismissed: 

Provided that no such order shall be made, if notwithstanding such failure, the defendant  attends in 
person or by agent when he is allowed to appear by agent on the day fixed for him to appear and answer.] 

3. Where neither party appears suit to be dismissed.—Where neither party appears when the suit 

is called on for hearing, the court may make an order that the suit be dismissed. 

4.  Plaintiff  may  bring  fresh  suit  or  Court  may  restore  suit  to  file.—Where  a  suit  is  dismissed 
under  rule  2  or rule  3,  the  plaintiff  may  (subject to the  law  of limitation) bring  a fresh suit;  or  he  may 
apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for 
2[such failure as is referred to in rule 2], or for his non-appearance, as the case may be, the Court shall 
make an order setting aside the dismissal and shall appoint a day for proceeding with the suit. 

5.  Dismissal  of  suit  where  plaintiff  after  summons  returned  unserved,  fails  for  3[seven  days]  to 
apply for fresh summons. —4[(1) Where after a summons has been issued to the defendant, or to one of 
several defendants, and returned unserved, the plaintiff fails, for a period of   1[seven days] from the date of 
the  return  made  to  the  Court  by  the  officer  ordinarily  certifying  to  the  Court  returns  made  by  the  serving 
officers, to apply for the issue of a fresh summons the Court shall make an order that the suit be dismissed as 
against such defendant, unless the plaintiff has within the said period satisfied the Court that—  

1. Subs. by s. 10, ibid., for rule 2 (w.e.f. 1-7-2002). 
2. Subs. by Act 104 of 1976 s. 59, for certain words (w.e.f. 1 -2-1977). 
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). 
3. Subs. by Act 46 of 1999, s. 19, for “one month” (w.e.f 1 -7-2002). 
4. Subs. by Act 24 of 1920 s. 2, for sub-rule (1). 

106 

 
                                                      
 (a) he has failed after using his best endeavours to discover the residence of the defendant, who 

has not been served, or 

(b) such defendant is avoiding service of process, or 
(c) there is any other sufficient cause for extending the time, 

in which case the Court may extend the time for making such application for such period as it thinks fit.] 

(2) In such case the plaintiff may (subject to the law of limitation) bring a fresh suit. 
6. Procedure when only plaintiff appears.—(1) Where the plaintiff appears and the defendant does 

not appear when the suit is called on for hearing, then— 

1[(a) When summons duly served.—if it is proved that the summons was duly served, the Court 

may make an order that the suit shall be heard ex parte;] 

(b) When summons not duly served.—if it is not proved that the summons was duly served, the 

Court shall direct a second summons to be issued and served on the defendant; 

(c) When summons served but not in due time.—if it is proved that the summons was served 
on the defendant, but not in sufficient time to enable him to appear and answer on the day fixed in the 
summons, 

the Court shall postpone the hearing of the suit to a future day to be fixed by the Court, and shall direct 
notice of such day to be given to the defendant. 

(2) Where it is owing to the plaintiff’s default that the summons was not duly served or was not served 

in sufficient time, the Court shall order the plaintiff to pay the costs occasioned by the postponement. 

7.  Procedure  where  defendant  appears  on  day  of  adjourned  hearing  and  assigns  good  cause  for 
previous  non-appearance.—Where  the  Court  has  adjourned  the  hearing  of  the  suit,  ex  parte,  and  the 
defendant, at or before such hearing appears and assigns good cause for his previous non-appearance, he may, 
upon  such  terms  as  the  Court  directs  as  to  costs  or  otherwise,  be  heard  in  answer  to  the  suit  as  if  he  had 
appeared on the day fixed for his appearance. 

8. Procedure where defendant only appears.—Where the defendant appears and the plaintiff does 
not appear when the suit is called on for hearing, the Court shall make an order that the suit be dismissed, 
unless the defendant admits the claim, or part thereof, in which case the Court shall pass a decree against 
the defendant upon such admission, and where part only of the claim has been admitted, shall dismiss the 
suit so far as it relates to the remainder. 

9.  Decree  against  plaintiff  by  default  bars  fresh  suit.—(1)  Where  a  suit  is  wholly  or  partly  dis-
missed under rule 8, the plaintiff shall be precluded from bringing a fresh suit in respect of the same cause 
of action. But he may apply for an order to set the dismissal aside, and if he satisfies the Court that there 
was sufficient cause for his non-appearance when the suit was called on for hearing, the Court shall make 
an  order  setting  aside  the  dismissal  upon  such  terms  as  to  costs  or  otherwise  as  it  thinks  fit,  and  shall 
appoint a day for proceeding with the suit. 

(2)  No  order  shall  be  made  under  this  rule  unless  notice  of  the  application  has  been  served  on  the 

opposite party. 

10. Procedure in case of non-attendance of one or more of several plaintiff's.—Where there are 
more plaintiffs than one, and one or more of them appear, and the others do not appear, the Court may, at 
the instance of the plaintiff or plaintiff’s appearing, permit the suit to proceed in the same way as if all the 
plaintiff’s had appeared, or make such order as it thinks fit. 

11. Procedure in case of non-attendance of one or more of several defendants.—Where there are 
more defendants than one, and one or more of them appear, and the others do not appear, the suit shall 
proceed, and the Court shall, at the time of pronouncing judgment, make such order as it thinks fit with 
respect to the defendants who do not appear. 

12. Consequence of non-attendance, without sufficient cause shown, of party ordered to appear 
in person.—Where a plaintiff or defendant, who has been ordered to appear in person, does not appear in 
person, or show sufficient cause to the satisfaction of the court for failing so to appear, he shall be subject 
to  all  provisions  of  the foregoing  rules  applicable to plaintiffs and  defendants,  respectively  who do  not 
appear. 

1. Subs. by Act 104 of 1976, s. 59, for cl. (a) (w.e.f 1-2-1977). 

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Setting aside Decrees ex parte 

13.  Setting  aside  decree  ex  parte  against  defendant.—In  any  case  in  which  a  decree  is  passed        

ex parte against a defendant, he may apply to the Court by which the decree was passed for an order to set 
it aside; and if he satisfies the Court that the summons was not duly served, or that he was prevented by 
any  sufficient  cause  from  appearing  when  the  suit  was  called  on  for  hearing,  the  Court  shall  make  an 
order setting aside the decree as against him upon such terms as to costs, payment into Court or otherwise 
as it thinks fit, and shall appoint a day for proceeding with the suit: 

Provided that where the decree is of such a nature that it cannot be set aside as against such defendant 

only it may be set aside as against all or any of the other defendants also: 

1[Provided further than no Court shall set aside a decree passed  ex parte merely on the ground that 
there has been an irregularity in the service of summons, if it is satisfied that the defendant had notice of 
the date of hearing and had sufficient time to appear and answer the plaintiff's claim.] 

2[Explanation.—Where there has been an appeal against a decree passed ex parte under this rule, and 
the appeal has been disposed of an any ground other than the ground that the appellant has withdrawn the 
appeal, no application shall lie under this rule for setting aside that ex parte decree.] 

14. No decree to be set aside without notice to opposite party.—No decree shall be set aside on 

any such application as aforesaid unless notice thereof has been served on the opposite party. 

ORDER X 
Examination of parties by the court 

1. Ascertainment whether allegations in pleadings are admitted or denied.—At the first hearing 
of  the  suit  the  Court  shall  ascertain  from  each  party  or  his  pleader  whether  he  admits  or  denies  such 
allegations of fact as are made in the plaint or written statement (if any) of the opposite party, and as are 
not expressly or by necessary implication admitted or denied by the  party against whom they are made. 
The Court shall record such admissions and denials. 

3[1A.  Direction  of  the  court  to  opt  for  any  one  mode  of  alternative  dispute  resolution.—After 
recording the admissions and denials, the court shall direct the parties to the suit to opt either mode of the 
settlement outside the court as specified in sub-section (1) of section 89. On the option of the parties, the 
court shall fix the date of appearance before such forum or authority as may be opted by the parties. 

1B. Appearance before the conciliatory forum or authority.—Where a suit is referred under rule 

1A, the parties shall appear before such forum or authority for conciliation of the suit. 

1C. Appearance before the court consequent to the failure of efforts of conciliation.—Where a suit is 
referred  under  rule  1A,  and  the  presiding  officer  of  conciliation  forum  or  authority  is  satisfied  that  it 
would  not  be  proper in  the  interest  of justice  to proceed  with  the  matter  further,  then, it  shall refer  the 
matter again to the court and direct the parties to appear before the court on the date fixed by it.] 

4[2. Oral examination of party, or companion of party.—(1) At the first hearing of the suit, the Court— 
(a) shall, with a view to elucidating matters in controversy in the suit examine orally such of the 

parties to the suit appearing in person or present in Court, as it deems fit; and 

(b) may orally examine any person, able to answer any material question relating to the suit, by 

whom any party appearing in person or present in Court or his pleader is accompanied. 
(2)  At  any  subsequent  hearing,  the  Court  may  orally  examine  any  party  appearing  in  person  or 
present in Court, or any person, able to answer any material question relating to the suit, by whom such 
party or his pleader is accompanied. 

(3) The  Court  may,  if  it  thinks  fit,  put  in the  course  of  an  examination  under this  rule  questions 

suggested by either party.] 

1. The proviso added by Act 104 of 1976, s. 59 (w.e.f. 1 -2-1977). 
2. Explanation ins. by s. 59, ibid. (w.e.f. 1-2-1977). 
3. Ins. by Act 46 of 1999, s. 20 (w.e.f. 1-7-2002). 
4. Subs. by Act 104 of 1976, s. 60, for rule 2 (w.e.f. 1 -2-1977). 

108 

 
 
 
                                                      
13. Substance of examination to be written.—The substance of the examination shall be reduced 

to writing by the Judge, and shall form part of the record. 

4. Consequence of refusal or inability of pleader to answer.—(1) Where the pleader of any party 
who appears by a pleader or any such person accompanying a pleader as is referred to in rule 2, refuses 
or is unable to answer any material question relating to the suit which the Court is of opinion that the 
party whom he represents ought to answer, and is likely to be able to answer if interrogated in person, 
the Court 2[may postpone the hearing of the suit to a day not later than seven days from the date of first 
hearing] and direct that such party shall appear in person on such day. 

(2) If such party fails without lawful excuse to appear in person on the day so appointed, the Court 

may pronounce judgment against him, or make such order in relation to the suit as it thinks fit. 

______ 
ORDER XI 

Discovery  and  Inspection 

1. Discovery by interrogatories.—In any suit the plaintiff or defendant by leave of the Court may deliver 
interrogatories in writing for the examination of the opposite parties or any one or more of such parties and 
such interrogatories when delivered shall have a note at the foot thereof stating which of such interrogatories 
each  of  such  person  is  required  to  answer:  Provided  that  no  party  shall  deliver  more  than  one  set  of 
interrogatories to the same party without an order for that purpose: Provided also that interrogatories which do 
not relate to any matters in question in the suit shall be deemed irrelevant, notwithstanding that they might be 
admissible on the oral cross-examination of a witness. 

2. Particular interrogatories to be submitted.—On an application for leave to deliver interrogatories, 
the particular interrogatories proposed to be delivered shall be submitted to the Court  3[and that court shall 
decide within seven days from the day of filing of the said application]. In deciding upon such application, 
the Court shall take into account any offer, which may be made by the party sought to be interrogated to 
deliver particulars, or to make admissions, or to produce documents relating to the matters in question, or 
any  of  them,  and  leave  shall  be  given  as  to  such  only  of  the  interrogatories  submitted  as  the  Court  shall 
consider necessary either for disposing fairly of the suit or for saving costs. 

3.  Costs  of  interrogatories.—In  adjusting  the  costs  of  the  suit  inquiry  shall  at  the  instance  of  any 
party be made into the propriety of exhibiting such interrogatories, and if it is the opinion of the taxing 
officer or of the Court, either with or without an application for inquiry, that such interrogatories have 
been  exhibited  unreasonably,  vexatiously,  or  at  improper  length,  the  cost  occasioned  by  the 
interrogatories and the answers thereto shall be paid in any even by the party in fault. 

4.  Form  of  interrogatories.—Interrogatories  shall  be  in  Form  No.  2  in  Appendix  C,  with  such 

variations as circumstances may require. 

5.  Corporations.—Where  any  party  to  a  suit  is  a  corporation  or  a  body  of  persons,  whether 
incorporated or not, empowered by law to sue or be sued, whether in its own name or in the name of any 
officer or other person, any opposite party may apply for an order allowing him to deliver interrogatories 
to any member or officer of such corporation or body, and an order may be made accordingly. 

6. Objections to interrogatories by answer.—Any objection to answering any interrogatory on the 
ground that it is scandalous or irrelevant or not exhibited bona fide for the purpose of the suit, or that the 
matters  inquired  into  are  not  sufficiently  material  at  that  stage,  4[or  on  the  ground  of  privilege  or  any 
other ground], may be taken in the affidavit in answer. 

7.  Setting  aside  and  striking  out  interrogatories.—Any  interrogatories  may  be  set  aside  on  the 
ground that they have been exhibited unreasonably or vexatiously, or struck out on the ground that they 
are  prolix,  oppressive,  unnecessary  or  scandalous;  and  any  application  for  this  purpose  may  be  made 
within seven days after service of the interrogatories. 

8.  Affidavit in answer, filing.—Interrogatories shall be answered by affidavit to be filed within ten 

days or within such other time as the Court may allow. 

1. This rule is not applicable to the Chief Court of Oudh, see the Oudh Court Act, 1925 (U.P. 4 of 19.25), s. 16(2). 
2. Subs. by Act 46 of 1999, s. 20, for certain words (w.e.f. 1-7-2002). 
3. Ins. by s. 21, ibid. (w.e.f. 1-7-2002). 
4. Subs. by Act 104 of 1976, s. 61, for certain words (w.e.f. 1-2-1977). 

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9. Form of affidavit in answer.—An affidavit in answer to interrogatories shall be in Form No. 3 in 

Appendix C, with such variations as circumstances may require. 

10.  No  exception  to  be  taken.—No  exceptions  shall  be  taken  to  any  affidavit  in  answer,  but  the 
sufficiency  or  otherwise  of  any  such  affidavit  objected  to  as  insufficient  shall  be  determined  by  the 
Court. 

11.  Order  to  answer  or  answer  further.—Where  any  person  interrogated  omits  to  answer,  or 
answer  insufficiently,  the  party  interrogating  may  apply  to  the  Court  for  an  order  requiring  him  to 
answer, or to answer further, as the case may be. And an order may be made requiring him to answer or 
answer further, either by affidavit or by viva voce examination, as the Court may direct. 

12. Application for discovery of documents.—Any party may, without filing any affidavit, apply to 
the Court for an order directing any other party to any suit to make discovery on oaths, of the documents 
which  are  or  have  been  in  his  possession  or  power,  relating  to  any  matter  in  question  therein.  On  the 
hearing  of  such  application  the  Court  may  either  refuse  or  adjourn  the  same,  if  satisfied  that  such 
discovery is not necessary, or not necessary at that stage of the suit, or make such order, either generally 
or  limited  to  certain  classes  of  documents,  as  may,  in  its  discretion  be  thought  fit:  Provided  that 
discovery shall not be ordered when and so far as the Court shall be of opinion that it is not necessary 
either for disposing fairly of the suit or for saving costs. 

13.  Affidavit  of  documents.—The  affidavit  to  be  made  by  a  party  against  whom  such  order  as  is 
mentioned in the last preceding rule has been made, shall specify which (if any) of the documents therein 
mentioned he objects to produce, and it shall be in Form No. 5 in Appendix C, with such variations as 
circumstances may require. 

14. Production of documents.—It shall be lawful for the Court, at any time during the pendency of 
any  suit,  to  order  the  production  by  any  party  thereto,  upon  oath,  of  such  of  the  documents  in  his 
possession or power, relating to any matter in question in such suit, as the Court shall think right; and the 
Court may deal with such documents, when produced, in such manner as shall appear just. 

15. Inspection of documents referred to in pleadings or affidavits.—Every party to a suit shall be 
entitled  1[at or before the settlement of issues] to give notice to any other party, in whose  pleadings or 
affidavits reference is made to any document, 2[or who has entered any document in any list annexed to 
his  pleadings,]  to  produce  such  document  for  the  inspection  of  the  party  giving  such  notice,  or  of  his 
pleader, and to permit him or them to take copies thereof; and any party not complying with such notice 
shall not afterwards be at liberty to put any such document in evidence on his behalf in such suit unless 
he shall satisfy the Court that such document relates only to his own title, he being a defendant to the 
suit, or that he had some other cause or excuse which the Court shall deem sufficient for not complying 
with such notice, in which case the Court may allow the same to be put in evidence on such terms as to 
costs and otherwise as the Court shall think fit. 

16. Notice to produce.—Notice to any party to produce any documents referred to in his pleading or 

affidavits shall be in Form No. 7 in Appendix C, with such variations as circumstances may require. 

17.  Time for inspection when notice given.—The party to whom such notice is given shall, within 
ten days from the receipt of such notice, deliver to the party giving the same a notice stating a time within 
three  days  from  the  delivery  thereof  at  which  the  documents,  or  such  of  them  as  he  does  not  object  to 
produce, may be inspected at the office of his pleader, or in the case of bankers' books or other books of 
account or books in constant use for the purposes of any trade or business, at their usual place of custody, 
and stating which (if any) of the documents he objects to produce, and on what ground. Such notice shall 
be in Form No. 8 in Appendix C; with such variations as circumstances may require. 

1. Subs. by Act 46 of 1999, s. 21, for “at any time” (w.e.f. 1-7-2002). 
2. Ins. by Act 104 of 1976, s. 61 (w.e.f. 1-2-1977). 

110 

 
                                                      
18. Order for inspection.—(1) Where the party served with notice rule 15 omits to give such notice 
of a time for inspection or objects to give inspection, or offers inspection elsewhere than at the office of 
his pleader, the Court may, on the application of the party desiring it, make an order for inspection in such 
place and in such manner as it may think fit: Provided that the order shall not be made when and so far as 
the Court shall be of opinion that it is not necessary either for disposing fairly of the suit or for saving 
costs. 

(2) Any application to inspect documents, except such as are referred to in the pleadings, particulars 
or affidavit of the party against whom the application is made or disclosed in his affidavit of documents, 
shall  be  founded  upon  an  affidavit  showing  of  what  documents  inspection  is  sought,  that  the  party 
applying is entitled to inspect them, and that they are in the possession or power of the other party. The 
Court shall not make such order for inspection of such documents when and so far as the Court shall be of 
opinion that it is not necessary either for disposing fairly of the suit or for saving costs. 

19. Verified copies.—(1) Where inspection of any business books is applied for, the Court may, if it 
thinks fit, instead of ordering inspection of the original books, order a copy of any entries therein to be 
furnished  and  verified  by  the  affidavit  of  some  person  who  has  examined  the  copy  with  the  original 
entries, and such affidavit shall state whether or not there are in the original book any and what erasures, 
interlineations or alterations: Provided that, notwithstanding that such copy has been supplied, the Court 
may order inspection of the book from which the copy was made. 

(2) Where on an application for an order for inspection privilege is claimed for any document, it shall 
be lawful for the Court to inspect the document for the purpose of deciding as to the validity of the claim 
of privilege 1[unless the document relates to matters of State.] 

(3) The Court may, on the application of any party to suit at any time, and whether an affidavit of 
documents shall  or shall not have already been ordered or made, make an order requiring any other 
party  to  state  by  affidavit  whether  any  one  or  more  specific  documents,  to  be  specified  in  the 
application, is or are, or has or have at any time been, in his possession or p ower; and, if not then in 
his possession, when he parted with the same and what has become thereof. Such application shall be 
made on an affidavit stating that in the belief of the deponent the party against whom the application 
is made has, or has at some time had in his possession or power the document or documents specified 
in the application, and that they relate to the matters in question in the suit, or to some of them. 

20.  Premature  discovery.—Where  the  party  from  whom  discovery  of  any  kind  or  inspection  is 
sought objects to the same, or any part thereof, the Court may, if satisfied that the right to the discovery or 
inspection sought depends on the determination of any issue or question in dispute in the suit, or that for 
any  other  reason  it  is  desirable  that  any  issue  or  question  in  dispute  in  the  suit  should  be  determined 
before  deciding  upon  the  right  to  the  discovery  or  inspection,  order  that  such  issue  or  question  be 
determined first, and reserve the question as to the discovery or inspection. 

21. Non-compliance with order for discovery.—2[(1)] Where any party fails to comply with any order to 
answer interrogatories, or for discovery or inspection of documents, he shall, if a plaintiff, be liable to have his 
suit  dismissed  for  want  of prosecution,  and,  if  a  defendant,  to  have his  defence, if any  struck  out,  and to  be 
placed in the same position as if he had not defended, and the party interrogating or seeking discovery or 
inspection  may  apply  to  the  Court  for  an  order  to  that  effect  and  3[an  order  may  be  made  on  such 
application accordingly, after notice to the parties and after giving them a reasonable opportunity of being 
heard.] 

4[(2) Where an order is made under sub-rule (1) dismissing any suit, the plaintiff shall be precluded 

from bringing a fresh suit on the same cause of action.] 

1. Ins. by Act 104 of 1976, s. 61 (w.e.f. 1-2-1977). 
2. Rule 21 renumbered as sub-rule (1) by s. 61 (w.e.f. 1-2-19.77). 
3. Subs. by Act 104 of 1976, s. 61, ibid. for “an order may be made accordingly” (w.e.f. 1-2-1977). 
4. Ins. by s. 61, ibid. (w.e.f. 1-2-1977). 
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). 

111 

 
                                                      
 
22. Using answer to interrogatories at trial.—Any party may, at the trial of a suit, use in evidence 
any one or more of the answers or any part of an answer of the opposite party to interrogatories without 
putting in the others or the whole of such answer : Provided always that in such case the Court may look 
at the whole of the answers, and if it shall be of opinion that any others of them are so connected with 
those put in that the last-mentioned answer ought not to be used without them, it may direct them to be 
put in. 

23. Order to apply to minors.—This Order shall apply to minor plaintiffs and defendants, and to the 

next friends and guardians for the suit of persons under disability. 

______ 

*[ORDER XI 

Disclosure, Discovery and inspection of documents in suits before the commercial division of a high 

court or a commercial court 

1.  Disclosure  and  discovery  of  documents.—(1)  Plaintiff  shall  file  a  list  of  all  documents  and 
photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along 
with the plaint, including:—  

(a) documents referred to and relied on by the plaintiff in the plaint;  

(b)  documents  relating  to  any  matter  in  question  in  the  proceedings,  in  the  power,  possession, 
control or custody of the plaintiff, as on the date of filing the plaint, irrespective of whether the same 
is in support of or adverse to the plaintiff’s case;  

(c) nothing in this Rule shall apply to documents produced by plaintiffs and relevant only–– 

 (i) for the cross-examination of the defendant’s witnesses, or 

 (ii) in answer to any case set up by the defendant subsequent to the filing of the plaint, or 

 (iii) handed over to a witness merely to refresh his memory.  

(2)  The  list  of  documents  filed  with  the  plaint  shall  specify  whether  the  documents  in  the  power, 
possession, control or custody of the plaintiff are originals, office copies or photocopies and the list shall 
also set out in brief, details of parties to each document, mode of execution, issuance or receipt and line of 
custody of each document.  

(3) The plaint shall contain a declaration on oath from the plaintiff that all documents in the power, 
possession, control or custody of the plaintiff, pertaining to the facts and circumstances of the proceedings 
initiated by him have been disclosed and copies thereof annexed with the plaint, and that the plaintiff does 
not have any other documents in its power, possession, control or custody. 

Explanation.––A declaration on oath under this sub-rule shall be contained in the Statement of Truth 

as set out in the Appendix.  

(4) In case of urgent filings, the plaintiff may seek leave to rely on additional documents, as part of the 
above  declaration  on  oath  and  subject  to  grant  of  such  leave  by  Court,  the  plaintiff  shall  file  such 
additional documents in Court, within thirty days of filing the suit, along with a declaration on oath that 
the  plaintiff  has  produced  all  documents  in  its  power,  possession,  control  or  custody,  pertaining  to  the 
facts and circumstances of the proceedings initiated by the plaintiff and that the plaintiff does not have 
any other documents, in its power, possession, control or custody. 

(5)  The  plaintiff  shall  not  be  allowed  to  rely  on  documents,  which  were  in  the  plaintiff’s  power, 
possession, control or custody and not disclosed along with plaint or within the extended period set out 
above,  save  and  except  by  leave  of  Court  and  such  leave  shall  be  granted  only  upon  the  plaintiff 
establishing reasonable cause for non-disclosure along with the plaint. 

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(6)  The  plaint  shall  set  out  details  of  documents,  which  the  plaintiff  believes  to  be  in  the  power, 
possession, control or custody of the defendant and which the plaintiff wishes to rely upon and seek leave 
for production thereof by the said defendant.  

(7) The  defendant  shall file  a  list  of all  documents  and  photocopies of  all documents,  in  its  power, 
possession, control or custody, pertaining to the suit, along with the written statement or with its counter-
claim if any, including— 

(a) the documents referred to and relied on by the defendant in the written statement;  

(b) the documents relating to any matter in question in the proceeding in the power, possession, 
control or custody of the defendant, irrespective of whether the same is in support of or adverse to the 
defendant’s defence; 

(c) nothing in this Rule shall apply to documents produced by the defendants and relevant only––  

(i) for the cross-examination of the plaintiff’s witnesses,  

(ii) in answer to any case set up by the plaintiff subsequent to the filing of the plaint, or  

(iii) handed over to a witness merely to refresh his memory.  

(8) The list of documents filed with the written statement or counterclaim shall specify whether the 
documents, in the power, possession, control or custody of the defendant, are originals, office copies or 
photocopies and the list shall also set out in brief, details of parties to each document being produced by 
the defendant, mode of execution, issuance or receipt and line of custody of each document.  

(9) The written statement or counterclaim shall contain a declaration on oath made by the deponent 
that all documents in the power, possession, control or custody of the defendant, save and except for those 
set out in sub-rule (7) (c) (iii) pertaining to the facts and circumstances of the proceedings initiated by the 
plaintiff  or  in  the  counterclaim,  have  been  disclosed  and  copies  thereof  annexed  with  the  written 
statement  or  counterclaim  and  that  the  defendant  does  not  have  in  its  power,  possession,  control  or 
custody, any other documents.  

(10) Save and except for sub-rule (7) (c) (iii), defendant shall not be allowed to rely on documents, 
which  were  in  the  defendant’s  power,  possession,  control  or  custody  and  not  disclosed  along  with  the 
written statement or counterclaim, save and except by leave of Court and such leave shall be granted only 
upon the defendant establishing reasonable cause for non-disclosure along with the written statement or 
counterclaim. 

(11)  The  written  statement  or  counterclaim  shall  set  out  details  of  documents  in  the  power, 
possession, control or custody of the plaintiff, which the defendant wishes to rely upon and which have 
not been disclosed with the plaint, and call upon the plaintiff to produce the same. 

(12) Duty to disclose documents, which have come to the notice of a party, shall continue till disposal 

of the suit.  

2. Discovery by interrogatories. — (1) In any suit the plaintiff or defendant by leave of the court 
may deliver interrogatories in writing for the examination of the opposite parties or any one or more of 
such parties, and such interrogatories when delivered shall have a note at the foot thereof stating which of 
such interrogatories each of such persons is required to answer:  

Provided that no party shall deliver more than one set of interrogatories to the same party without an 

order for that purpose:  

Provided further that interrogatories which do not relate to any matters in question in the suit shall be 
deemed  irrelevant,  notwithstanding  that  they  might  be  admissible  on  the  oral  cross-examination  of  a 
witness.  

(2) On an application for leave to deliver interrogatories, the particular interrogatories proposed to be 
delivered shall be submitted to the court, and that court shall decide within seven days from the day of 
filing  of  the  said  application,  in  deciding  upon  such  application,  the  court  shall  take  into  account  any 

113 

 
offer,  which  may  be  made  by  the  party  sought  to  be  interrogated  to  deliver  particulars,  or  to  make 
admissions, or to produce documents relating to the matters in question, or any of them, and leave shall be 
given  as  to  such  only  of  the  interrogatories  submitted  as  the  court  shall  consider  necessary  either  for 
disposing fairly of the suit or for saving costs.  

(3)  In  adjusting  the  costs  of  the  suit  inquiry  shall  at  the  instance  of  any  party  be  made  into  the 
propriety of exhibiting such interrogatories, and if it is the opinion of the taxing officer or of the court, 
either  with  or  without  an  application  for  inquiry,  that  such  interrogatories  have  been  exhibited 
unreasonably, vexatiously, or at improper length, the costs occasioned by the said interrogatories and the 
answers thereto shall be paid in any event by the party in fault. 

(4) Interrogatories shall be in the form provided in Form No. 2 in Appendix C to the Code of Civil 

Procedure, 1908, (5 of 1908) with such variations as circumstances may require.  

(5)  Where  any  party  to  a  suit  is  a  corporation  or  a  body  of  persons,  whether  incorporated  or  not, 
empowered  by  law  to  sue  or  be  sued,  whether  in  its  own  name  or  in  the  name  of  any  officer  of  other 
person, any opposite party may apply for an order allowing him to deliver interrogatories to any member 
or officer of such corporation or body, and an order may be made accordingly.  

(6) Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or 
not exhibited  bona fide for the purpose of the suit, or that the matters inquired into are not sufficiently 
material at that stage, or on the ground of privilege or any other ground may be taken in the affidavit in 
answer.  

(7) Any interrogatories may be set aside on the ground that they have been exhibited unreasonably or 
vexatiously, or struck out on the ground that they are prolix, oppressive, unnecessary or scandalous and 
any application for this purpose may be made within seven days after service of the interrogatories.  

(8) Interrogatories shall be answered by affidavit to be filed within ten days, or within such other time 

as the court may allow. 

(9)  An  affidavit  in  answer  to  interrogatories  shall  be  in  the  form  provided  in  Form  No.  3  in    

Appendix C to the Code of Civil Procedure, 1908, (5 of 1908), with such variations as circumstances may 
require.  

(10) No exceptions shall be taken to any affidavit in answer, but the sufficiency or otherwise of any 

such affidavit objected to as insufficient shall be determined by the court. 

(11) Where any person interrogated omits to answer, or answers insufficiently, the party interrogating 
may apply to the court for an order requiring him to answer, or to answer further, as the case may be, and 
an  order  may  be  made  requiring  him  to  answer,  or  to  answer  further,  either  affidavit  or  by  viva  voce 
examination, as the court may direct.  

3.  Inspection.  —  (1)  All parties  shall  complete  inspection  of all  documents  disclosed  within  thirty 
days of the date of filing of the written statement or written statement to the counterclaim, whichever is 
later. The Court may extend this time limit upon application at its discretion, but not beyond thirty days in 
any event.  

(2) Any party to the proceedings may seek directions from the Court, at any stage of the proceedings, 
for  inspection  or  production  of  documents  by  the  other  party,  of  which inspection  has  been  refused  by 
such party or documents have not been produced despite issuance of a notice to produce. 

(3)  Order  in  such  application  shall  be  disposed  of  within  thirty  days  of  filing  such  application, 

including filing replies and rejoinders (if permitted by Court) and hearing.  

(4) If the above application is allowed, inspection and copies thereof shall be furnished to the party 

seeking it, within five days of such order. 

(5)  No  party  shall  be  permitted  to  rely  on  a  document,  which  it  had  failed  to  disclose  or  of  which 

inspection has not been given, save and except with leave of Court. 

(6)  The  Court  may  impose  exemplary  costs  against  a  defaulting  party,  who  wilfully  or  negligently 
failed to disclose all documents pertaining to a suit or essential for a decision therein and which are in 

114 

 
their  power,  possession,  control  or  custody  or  where  a  Court  holds  that  inspection  or  copies  of  any 
documents had been wrongfully or unreasonably withheld or refused.  

4. Admission and denial of documents. — (1) Each party shall submit a statement of admissions or 
denials of all documents disclosed and of which inspection has been completed, within fifteen days of the 
completion of inspection or any later date as fixed by the Court. 

(2) The statement of admissions and denials shall set out explicitly, whether such party was admitting 

or denying:— 

(a) correctness of contents of a document;  

(b) existence of a document;  

(c) execution of a document;  

(d) issuance or receipt of a document;  

(e) custody of a document.  

Explanation.––A statement of admission or denial of the existence of a document made in accordance 

with sub-rule (2) (b) shall include the admission or denial of the contents of a document. 

(3) Each party shall set out reasons for denying a document under any of the above grounds and bare 
and unsupported denials shall not be deemed to be denials of a document and proof of such documents 
may then be dispensed with at the discretion of the Court. 

(4) Any party may however submit bare denials for third party documents of which the party denying 
does not have any personal knowledge of, and to which the party denying is not a party to in any manner 
whatsoever. 

(5) An Affidavit in support of the statement of admissions and denials shall be filed confirming the 

correctness of the contents of the statement.  

(6) In the event that the Court holds that any party has unduly refused to admit a document under any 
of the above criteria, – costs (including exemplary costs) for deciding on admissibility of a document may 
be imposed by the Court on such party.  

(7)  The  Court  may  pass  orders  with  respect  to  admitted  documents  including  for  waiver  of  further 

proof thereon or rejection of any documents. 

5. Production of documents. — (1) Any party to a proceeding may seek or the Court may order, at 
any time during the pendency of any suit, production by any party or person, of such documents in the 
possession or power of such party or person, relating to any matter in question in such suit. 

(2)  Notice  to  produce  such  document  shall  be  issued  in  the  Form  provided  in  Form  No.  7  in    

Appendix C to the Code of Civil Procedure, 1908 (5 of 1908).  

(3) Any party or person to whom such notice to produce is issued shall be given not less than seven 
days and not more than fifteen days to produce such document or to answer to their inability to produce 
such document. 

(4) The Court may draw an adverse inference against a party refusing to produce such document after 
issuance of a notice to produce and where sufficient reasons for such non-production are not given and 
order costs.  

6. Electronic records. — (1) In case of disclosures and inspection of Electronic Records (as defined 
in  the  Information  Technology  Act,  2000  (21  of  2000)),  furnishing  of  printouts  shall  be  sufficient 
compliance of the above provisions.  

(2)  At  the  discretion  of  the  parties  or  where  required  (when  parties  wish  to  rely  on  audio  or  video 
content), copies of electronic records may be furnished in electronic form either in addition to or in lieu of 
printouts. 

115 

 
(3) Where Electronic Records form part of documents disclosed, the declaration on oath to be filed by 

a party shall specify––  

(a) the parties to such Electronic Record; 
(b) the manner in which such electronic record was produced and by whom;  
(c)  the  dates  and  time  of  preparation  or  storage  or  issuance  or  receipt  of  each  such  electronic 

record; 

(d) the source of such electronic record and date and time when the electronic record was printed;  
(e) in case of email ids, details of ownership, custody and access to such email ids; 
(f) in case of documents stored on a computer or computer resource (including on external servers 
or  cloud),  details  of  ownership,  custody  and  access  to  such  data  on  the  computer  or  computer 
resource; 

(g) deponent’s knowledge of contents and correctness of contents; 
(h)  whether  the  computer or  computer resource  used  for  preparing  or receiving  or  storing  such 
document or data was functioning properly or in case of malfunction that such malfunction did not 
affect the contents of the document stored; 

(i) that the printout or copy furnished was taken from the original computer or computer resource.  
(4) The parties relying on printouts or copy in electronic form, of any electronic records, shall not be 
required to give inspection of electronic records, provided a declaration is made by such party that each 
such copy, which has been produced, has been made from the original electronic record.  

(5)  The  Court  may  give  directions  for  admissibility  of  Electronic  Records  at  any  stage  of  the 

proceedings. 

(6) Any party may seek directions from the Court and the Court may of its motion issue directions for 
submission of further proof of any electronic record including metadata or logs before admission of such 
electronic record. 

7. Certain provisions of the Code of Civil Procedure, 1908 not to apply.—For avoidance of doubt, 
it is hereby clarified that Order XIII Rule 1, Order VII Rule 14 and Order VIII Rule 1A of the Code of 
Civil Procedure, 1908 (5 of 1908) shall not apply to suits or applications before the Commercial Divisions 
of High Court or Commercial Courts.] 

Jammu and Kashmir and Ladakh (UTs).― 

For Order XI of the Code, substitute the following Order, namely.– 

STATE AMENDMENT 

“ORDER XI 
DISCLOSURE, DISCOVERY AND INSPECTION OF DOCUMENTS 

1.  Disclosure  and  discovery  of  documents.—(1)  Plaintiff  shall  file  a  list  of  all  documents  and 
photocopies of all documents, in its power, possession, control or custody, pertaining to the suit, along 
with the plaint, including:– 

(a) documents referred and relied on by the plaintiff in the plaint; 
(b) documents relating to any matter in question in the proceedings, in the power, possession, control 
or custody of the plaintiff, as on the date of filing the plaint, irrespective of whether the same is in support 
of or adverse to the plaintiffs case; and 

(c) nothing in this rule shall apply to documents produced by plaintiffs and relevant only– 

(i) for the cross-examination of the defendant‘s witnesses, or 
(ii) in answer to any case setup by the defendant subsequent to the filing of the plaint, or 
(iii) handed over to a witness merely to refresh his memory. 

(2) The list of documents filed with the plaint shall specify whether the documents in the power, 
possession, control or custody of the plaintiff are originals, office copies or photocopies and the list 
shall also set out in brief, details of parties to each document, mode or execution, issuance or receipt 
and line of custody of each document. 

(3) The plaint shall contain a declaration on oath from the plaintiff that all documents in the power, 

116 

 
 
 
 
possession,  control,  or  custody  of  the  plaintiff,  pertaining  to  the  facts  and  circumstances  of  the 
proceedings initiated by him have been disclosed and copies thereof annexed with the plaint, and that 
the plaintiff does not have any other documents in its power, possession, control or custody. 
Explanation.— A declaration on oath under this sub-rule shall be contained in the Statement of Truth 

as set out in the Appendix I. 

(4) In case of urgent filings, the plaintiff may seek leave to rely on additional documents, as part of 
the above declaration on oath and subject to grant of such leave by court, the plaintiff shall file such 
additional documents in court, within thirty days of filing the suit, along with a declaration on oath that 
the plaintiff has produced all documents in its power, possession, control or custody, pertaining to the 
facts and circumstances of the proceedings initiated by the plaintiff and that the plaintiff does not have 
any other documents, in its power, possession, control or custody. 

(5) The  plaintiff shall not be  allowed to rely  on  documents,  which  were in the  plaintiff’s  power, 
possession, control or custody and not disclosed along with plaint or within the extended period set out 
above,  save  and  except  by  leave  of  court  and  such  leave  shall  be  granted  only  upon  the  plaintiff 
establishing reasonable cause for non-disclosure along with the plaint. 

(6) The  plaint shall  set out  details  of  documents,  which the  plaintiff  believes  to  be in  the  power, 
possession, control or custody or the defendant and which the plaintiff wishes to rely upon and seek 
leave for production thereof by the said defendant. 

(7) The defendant shall file a list of all documents and photocopies of all documents, in its power, 
possession,  control  or  custody,  pertaining  to  the  suit,  along  with  the  written  statement  or  with  its 
counter-claim if any, including– 

(a) the documents referred to and relied on by the defendant in the written statement; 
(b) the documents relating to any matter in question in the proceeding in the power, possession, 
control or custody of the defendant, irrespective of whether the same is in support of or adverse to 
the defendant’s defense; 

(c) nothing in this rule shall apply to documents produced by the defendants and relevant only– 

(i) for the cross-examination of the plaintiff‘s witnesses; 
(ii) in answer to any case setup by the plaintiff subsequent to the filing of the plaint; or 
(iii) handed over to a witness merely to refresh his memory. 

(8) The list  of  documents filed  with  the  written  statement  or counter-claim  shall  specify  whether 
the  documents,  in  the  power,  possession,  control  or  custody  of  the  defendant,  are  originals,  office 
copies or photocopies and the list shall also set out in brief, details of parties to each document being 
produced  by  the  defendant,  mode  of  execution,  issuance  or  receipt  and  line  of  custody  of  each 
document.  

(9) the written statement or counter-claim shall contain a declaration on oath made by the deponent 
that all documents in the power, possession, control or custody of the defendant, save and except for 
those  set  out  in    sub-rule  (7)  (c)  (iii),  pertaining  to  the  facts  and  circumstances  of  the  proceedings 
initiated by the plaintiff or in the counter-claim, have been disclosed and copies thereof annexed with 
the written statement or counter-claim and that the defendant does not have in its power, possession, 
control or custody, any other documents. 

(10) Save and except for sub-rule (7) (c) (iii), defendant shall not be allowed to rely on documents, 
which were in the defendant‘s power, possession, control or custody and not disclosed along with the 
written statement or counter-claim, save and except by leave of court and such leave shall be granted 
only  upon  the  defendant  establishing  reasonable  cause  for  non-disclosure  along  with  the  written 
statement or counter-claim. 

(11)  The  written  statement  or  counter-claim  shall  set  out  details  of  documents  in  the  power, 
possession,  control  or  custody  of  the  plaintiff,  which  the  defendant  wishes  to  rely  upon  and  which 
have not been disclosed with the plaint, and call upon the plaintiff to produce the same. 

(12)  Duty  to  disclose  documents,  which  have  come  to  the  notice  of  a  party,  shall  continue  till 

disposal of the suit. 
2. Discovery by interrogatories.—(1) In any suit the plaintiff or defendant by leave of the court may 
deliver interrogatories in writing for the examination of the opposite parties or anyone or more of such 

117 

 
parties, and such interrogatories when delivered shall have a note at the foot thereof stating which of such 
interrogatories each of such persons is required to answer: 

Provided that no party shall deliver more than one set of interrogatories to the same party without an 

order for that purpose: 

Provided further that interrogatories which do not relate to any matters in question in the suit shall be 
deemed  irrelevant,  notwithstanding  that  they  might  be  admissible  on  the  oral  cross-examination  of  a 
witness. 

(2) On an application for leave to deliver interrogatories, the particular interrogatories proposed to 
be delivered shall be submitted to the court, and that court shall decide within seven days from the day 
of filing of the said application, in deciding upon such application, the court shall take into account 
any offer, which may be made by the party sought to be interrogated to deliver particulars, or to make 
admissions,  or  to  produce  documents  relating  to  the  matters  in  question,  or  any  of  them,  and  leave 
shall  be  given  as  to  such  only  of  the  interrogatories  submitted  as  the  court  shall  consider  necessary 
either for disposing fairly of the suit or for saving costs. 

(3)  In  adjusting  the  costs  of  the  suit  inquiry  shall  at  the  instance  of  any  party  be  made  into  the 

propriety 
of exhibiting such interrogatories, and if it is the opinion of the taxing officer or of the court, either 
with or without an application for inquiry, that such interrogatories have been exhibited unreasonably, 
vexatiously,  or  at  improper  length,  the  costs  occasioned  by  the  said  interrogatories  and  the  answers 
thereto shall be paid in any event by the party in fault. 

(4) Interrogatories shall be in the form provided in Form No. 2 in Appendix C to the Code of Civil 

Procedure, 1908, with such variations as circumstances may require. 

(5) Where any party to a suit is a corporation or a body of persons, whether incorporated or not, 
empowered by law to sue or be sued, whether in its own name or in the name of any officer of other 
person,  any  opposite  party  may  apply  for  any  order  allowing  him  to  deliver  interrogatories  to  any 
member or officer of such corporation or body, and an order may be made accordingly. 

(6) Any objection to answering any interrogatory on the ground that it is scandalous or irrelevant or 
not exhibited bona fide for the purpose of the suit, or that the matters required into are not sufficiently 
material at that stage, or on the ground of privilege or any other ground may be taken in the affidavit in 
answer. 

(7) Any interrogatories may be set aside on the ground that they have been exhibited unreasonably 
or vexatiously, or struck out on the ground that they are prolix, oppressive, unnecessary or scandalous 
and  any  application  for  this  purpose  may  be  made  within  seven  days  after  service  of  the 
interrogatories. 

(8) Interrogatories shall be answered by affidavit to be filed within ten days, or within such other 

time as the court may allow. 

(9)  An  affidavit  in  answer  to  interrogatories  shall  be  in  the  form  provided  in  Form  No.  3  in 

Appendix C to the Code of Civil Procedure, 1908, with such variations as circumstances may require. 

(10) No exceptions shall be taken to any affidavit in answer, but the sufficiency or otherwise of any 

such affidavit objected to as insufficient shall be determined by the court. 

(11)  Where  any  person  interrogated  omits  to  answer,  or  answers  insufficiently,  the  party 
interrogating may apply to the court for an order requiring him to answer, or to answer further, as the 
case may be, and an order may be made requiring him to answer, or to answer further, either affidavit 
or by viva voce examination, as the court may direct. 
3. Inspection.–(1) All parties shall complete inspection of all documents disclosed within thirty days 
of the date of filing of the written statement or written statement to the counter-claim, whichever is later, 
the court may extend this time limit upon application at its discretion, but not beyond thirty days in any 
event. 

(2) Any party to the proceedings may seek directions from the court, at any stage of the proceedings, 
for  inspection  or  production  of  documents  by  the  other  party,  of  which inspection  has  been  refused  by 
such party or documents have not been produced despite issuance of a notice to produce. 

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(3)  Order  in  such  application  shall  be  disposed  of  within  thirty  days  of  filing  such  application, 

including filing replies and rejoinders (if permitted by court) and hearing. 

(4) If the above application is allowed, inspection and copies thereof shall be furnished to the party 

seeking it, within five days of such order. 

(5) No party shall be permitted to rely on a document, which it had failed to disclose or of which 

inspection has not been given, save and except with leave of court. 

(6)  The  Court  may  impose  exemplary  costs  against  a  defaulting  party,  who  willfully  or  negligently 
failed to disclose all documents pertaining to a suit or essential for a decision therein and which are in 
their  power,  possession,  control  or  custody  or  where  a  court  holds  that  inspection  or  copies  of  any 
documents had been wrongfully or unreasonably withheld or refused. 

4. Admission and denial of documents.—(1) Each party shall submit a statement of admissions or 
denials of all documents disclosed and of which inspection has been completed, within fifteen days of the 
completion of inspection or any later date as fixed by the court. 

(2)  The  statement  of  admissions  and  denials  shall  set  out  explicitly,  whether  such  party  was 

admitting or denying: 

(a) correctness of contents of a document; 
(b) existence of a document; 
(c) execution of a document; 
(d) issuance or receipt of a document; 
(e) custody of a document. 

Explanation.—A  statement  of  admission  or  denial  of  the  existence  of  a  document  made  in 
accordance  with  clause  (b)  of  sub-rule  (2)  shall  include  the  admission  or  denial  of  the  contents  of  a 
document. 

(3) Each party shall set out reasons for denying a document under any of the above grounds and 
bare  and  unsupported  denials  shall  not  be  deemed  to  be  denials  of  a  document  and  proof  of  such 
documents may then be dispensed with at the direction of the court. 

(4)  Any  party  may  however  submit  bare  denials  for  third  party  documents  of  which  the  party 
denying does not have any personal knowledge of, and to which the party denying is not a party to in 
any manner whatsoever. 

(5) An affidavit in support of the statement of admissions and denials shall be filed confirming the 

correctness of the contents of the statement. 

(6) In the event that the court holds that any party has unduly refused to admit a document under 
any  of  the  above  criteria,  costs  (including  exemplary  costs)  for  deciding  on  admissibility  of  a 
document may be imposed by the court on such party. 

(7) The court may pass orders with respect to admitted documents including for waiver of further 

proof thereon or rejection of any documents. 
5. Production of documents.—(1) Any party to a proceeding may seek or the court may order, at any 
time  during  the  pendency  of  any  suit,  production  by  any  party  or  person,  of  such  documents  in  the 
possession or power of such party or person, relating to any matter in question in such suit. 

(2) Notice to produce such document shall be issued in the form provided in Form No. 7 in Appendix C to 

the Code of Civil Procedure, 1908 (5 of 1908). 

(3) Any party or person to whom such notice to produce is issued shall be given not less than seven days and 

not more than fifteen days to produce such document or to answer to their inability to produce such document. 

(4) The court may draw an adverse inference against a party refusing to produce such document after 
issuance of a notice to produce and where sufficient reasons for such non-production are not given and 
order costs. 
6. Electronic Records.—(1) In case of disclosures and inspection of electronic records as defined in 
the Information Technology Act, 2000 (21 of 2000), furnishing of printouts shall be sufficient compliance 
of the above provisions. 

(2) At the discretion of the parties or where required (when parties wish to rely on audio or  video 
content), copies of electronic records may be furnished in electronic form either in addition to or in 
lieu of printouts. 

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(3) Where electronic records form part of documents disclosed, the declaration on oath to be filed 

by a party shall specify – 

(a) the parties to such electronic record; 
(b) the manner in which such electronic record was produced and by whom; 
(c) the dates and time  of  preparation  or storage  or issuance or receipt  of  each  such  electronic 

record; 

(d)  the  source  of  such  electronic  record  and  date  and  time  when  the  electronic  record  was 

printed; 

(e) in case of e-mail ids, details of ownership, custody and access to such e-mail ids; 
(f)  in  case  of  documents  stored  on  a  computer  or  computer  resource  (including  on  external 
servers  or  cloud),  details  of  ownership,  custody  and  access  to  such  data  on  the  computer  or 
computer resource; 

(g) deponent‘s knowledge of contents and correctness of contents; 
(h) whether the computer or computer resource used for preparing or receiving or storing such 
document or data was functioning properly or in case of malfunction that such malfunction did not 
affect the contents of the document stored; 

(i)  that  the  printout  or  copy  furnished  was  taken  from  the  original  computer  or  computer 

resource. 
(4) The parties relying on printouts or copy in electronic form, of any electronic records, shall not 
be required to give inspection of electronic records, provided a declaration is made by such party that 
each such copy, which has been produced, has been made from the original Electronic Records. 

(5)  The  court  may  give  directions  for  admissibility  of  electronic  records  at  any  stage  of  the 

proceedings. 

(6) Any party may seek directions from the court and the court may of its motion issue directions 
for submission of further proof of any electronic record including metadata or logs before admission of 
such electronic record. 
[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]. 

______ 

120 

 
 
 
ORDER XII  
Admissions 

1. Notice of admission of case.—Any party to a suit may give notice, by his pleading, or otherwise in 

writing, that he admits the truth of the whole or any part of the case of any other party. 

2.  Notice  to  admit  documents.—Either  party  may  call  upon  the  other  party  1[to  admit,  within 
2[seven] days from the date of service of the notice any document,] saving all exceptions; and in case of 
refusal or neglect to admit, after such notice, the costs of proving any such document shall be paid by the  
party  so  neglecting  or  refusing,  whatever  the  result  of  the  suit  may  be,  unless  the  Court  otherwise 
directs; and no costs of proving any document shall be allowed unless such notice is given, except where 
the omission to give the notice is, in the opinion of the Court, a saving of expense. 

3[2A.  Document  to  be  deemed  to  be  admitted  if  not  denied  after  service  of  notice  to  admit 
documents.—(1) Every document which a party is called upon to admit, if not denied specifically or by 
necessary implication, or stated to be not admitted in the pleading of that party or in his reply to the notice 
to admit documents, shall be deemed to be admitted except as against a person under a disability: 

Provided that the Court may, in its discretion and for reasons to be recorded, require any document so 

admitted to be proved otherwise than by such admission. 

(2) Where a party unreasonably neglects or refuses to admit a document after the service on him of the 
notice  to  admit  documents,  the  Court  may  direct  him  to  pay  costs  to  the  other  party  by  way  of 
compensation.] 

3. Form of notice.—A notice to admit documents shall be in Form No. 9 in Appendix C, with such 

variations as circumstances may require. 

4[3A.  Power  of  Court  to  record  admission.—Notwithstanding  that  no  notice  to  admit  documents 
has been given under rule 2, the Court may, at any stage of the proceeding before it, of its own motion, 
call upon any party to admit any document and shall, in such a case, record whether the party admits or 
refuses or neglects to admit such document.] 

4. Notice to admit acts.—Any party, may, by notice in writing, at any time not later than nine days 
before the day fixed for the hearing, call on any other party to admit, for the purposes of the suit only, any 
specific fact or facts, mentioned in such notice. And in case of refusal or neglect to admit the same within 
six days after service of such notice, or within such further time as may be allowed by the Court, the costs 
of proving such fact or facts shall be paid by the party so neglecting or refusing, whatever the result of the 
suit may be, unless the Court otherwise directs:  

Provided that any admission made in pursuance of such notice is to be deemed to be made only for 
the  purposes  of  the  particular  suit,  and  not  as  an  admission  to  be  used  against  the  party  on  any  other 
occasion or in favour of any person other than the party giving the notice: 

5* 

* 

       * 

* 

* 

5. Form of admissions.—A notice to admit facts shall be in Form No. 10 in Appendix C, and admission of 

facts shall be in Form No. 11 in Appendix C, with such variations as circumstances may require. 

6[6. Judgment on admissions.—(1) Where admissions of fact have been made either in the pleading 
or otherwise; whether orally or in writing, the Court may at any stage of the suit, either on the application 
of any party or of its own motion and without waiting for the determination of any other question-between 
the parties, make such order or give such judgment as it may think fit, having regard to such admissions. 

(2) Whenever a judgment is pronounced under sub-rule (1) a decree shall be drawn up in accordance 

with the judgment and the decree shall bear the date on which the judgment was pronounced.] 

1. Subs. by Act 104 of 1976, s. 62, for “to admit any document” (w.e.f. 1-2-1977). 
2. Subs. by Act 46 of 1999, s. 22, for “fifteen” (w.e.f. 1-7-2002). 
3. Ins. by Act 104 of 1976, s. 62 (w.e.f. 1-2-1977). 
4. Ins. by Act 66 of 1956, s. 14 (w.e.f. 1-1-1957). 
5. Second proviso omitted by Act 46 of 1999, s. 22 (w.e.f. 1-7-2002). 
6. Subs. by Act 104 of 1976, s. 62, for rule 6 (w.e.f 1-2-1977). 

121 

 
 
 
 
 
 
 
 
                                                      
7.  Affidavit  of  signature.—An  affidavit  of  the  pleader  or  his  clerk,  of  the  due  signature  of  any 
admissions made in pursuance of any notice to admit documents or facts, shall be sufficient evidenced of 
such admissions, if evidence thereof is required. 

8.  Notice  to  produce  documents.—Notice  to  produce  documents  shall  be  in  Form  No.  12  in      

Appendix C, with such variations as circumstances may require. An affidavit of the pleader, or his clerk, of 
the Service of any notice to produce, and of the time when it was served, with a copy of the notice to produce, 
shall in all cases be sufficient evidence of the service of the notice, and of the time when it was served. 

9.  Costs.—If  a  notice  to  admit  or  produce  specifies  documents  which  are  not  necessary,  the  costs 

occasioned thereby shall be borne by the party giving such notice. 

______ 
ORDER XIII 
Production, Impounding and Return of Documents 

1[1. Original documents to be produced at or before the settlement of issues.—(1) The parties or 
their pleader shall produce on or before the settlement of issues, all the documentary evidence in original 
where the copies thereof have been filed along with plaint or written statement. 

(2) The Court shall receive the documents so produced: 

Provided  that  they  are  accompanied  by  an  accurate  list  thereof  prepared  in  such  form  as  the  High 

Court directs. 

(3) Nothing in sub-rule (1) shall apply to documents—  

(a) produced for the cross-examination of the witnesses of the other party; or 

(b) handed over to a witness merely to refresh his memory.] 

 2. [Effect of non-production of documents.] Rep. by the Code of Civil Procedure (Amendment) Act, 1999 

(46 of 1999) s. 23 (w.e.f. 1-7-2002). 

3. Rejection of irrelevant or inadmissible documents.—The Court may at any stage of the suit reject 
any  document  which  it  considers  irrelevant  or  otherwise  inadmissible,  recording  the  grounds  of  such 
rejection. 

4. Endorsements on documents admitted in evidence.—(1) Subject to the provisions of the next 
following sub-rule, there shall be endorsed on every document which has been admitted in evidence in the 
suit the following particulars, namely:— 

(a) the number and title of the suit, 

(b) the name of the person producing the document, 

(c) the date on which it was produced, and 

(d) a statement of its having been so admitted, 

and the endorsement shall be signed or initialled by the Judge. 

(2) Where a document so admitted is an entry in a book, account or record, and a copy thereof has 
been substituted for the original under the next following rule, the particulars aforesaid shall be endorsed 
on the copy and the endorsement thereon shall be signed or initialled by the Judge. 

5. Endorsements on copies of admitted entries in books, accounts and records.—(1) Save in so 
far  as  is  otherwise  provided  by  the  Bankers'  Books  Evidence  Act,  1891  (XVIII  of  1891)  where  a 
document admitted in evidence in the suit is an entry in a letter-book or a shop-book or other account in 
current use, the party on whose behalf the book or account is produced may furnish a copy of the entry. 

(2) Where such a document is an entry in a public record produced from a public office or by a public 
officer,  or  an  entry  in  a  book  or  account  belonging  to  a  person  other  than  a  party  on  whose  behalf the 
book or account is produced, the Court may require a copy of the entry to be furnished— 

1. Subs. by Act 46 of 1999, s. 23, for rules 1 and 2 (w.e.f. 1 -7-2002). 

122 

 
                                                      
(a) where the record, book or account is produced on behalf of a party, then by that party, or 

(b) where the record, book or account is produced in obedience to an order of the Court acting of 

its own motion, then by either or any party. 

(3) Where a copy of an entry is furnished under the foregoing provisions of this rule, the Court shall, after 
causing the copy to be examined, compared and certified in manner mentioned in rule 17 of Order VII, mark 
the entry and cause the book, account or record in which it occurs to be returned to the person producing it. 

6. Endorsements on documents rejected an inadmissible in evidence.—Where a document relied 
on as evidence by either party is considered by the Court to be inadmissible in evidence, there shall be 
endorsed thereon the particulars mentioned in clauses (a), (b) and (c) of rule 4, sub-rule (1) together with 
a statement of its having been rejected, and the endorsement shall be signed or initialled by the Judge. 

7.  Recording  of  admitted  and  return  of  rejected  documents.—(1)  Every  documents  which  has 
been admitted in evidence, or a copy thereof where a copy has been substituted for the original under rule 
5, shall form part of the record of the suit. 

(2) Documents not admitted in evidence shall not form part of the record and shall be returned to the 

persons respectively producing them. 

8. Court may order any document to be impounded.—Notwithstanding anything contained in rule 
5 or rule 7 of this Order or in rule 17 of Order VII, the Court may, if it sees sufficient cause, direct any 
document or book produced before it in any suit to be impounded and kept in the custody of an officer of 
the Court, for such period and subject to such conditions as the Court thinks fit. 

9. Return of admitted documents.—(1) Any person, whether a party to the suit or not, desirous of 
receiving  back  any  documents  produced  by  him  in  the  suit  and  placed  on  the  record  shall,  unless  the 
document is impounded under rule 8, be entitled to receive back the same,—  

(a) where the suit is one in which an appeal is not allowed, when the suit has been disposed of, and 
(b) where the suit is one in which an appeal is allowed, when the Court is satisfied that the time 
for preferring an appeal has elapsed and that no appeal has been preferred or, if an appeal has been 
preferred, when the appeal has been disposed of: 
1[Provided that a document may be returned at any time earlier then that prescribed by this rule if the 

person applying therefor—  

(a) delivers to the proper officer for being substituted for the original,— 

(i) in the case of a party to the suit, a certified copy, and 
(ii)  in  the  case of any  other  person, an  ordinary  copy  which  has  been examined,  compared 

and certified in the manner mentioned in sub-rule (2) of rule 17 of Order VII, and 

 (b) undertakes to produce the original, if required to do so:] 

Provided also, that no document shall be returned with, by force of the decree, has become wholly 

void or useless. 

(2)  On  the  return  of  a  document  admitted  in  evidence,  a  receipt  shall  be  given  by  the  person 

receiving it. 

10. Court may send for papers from its own records or from other Courts.—(1) The Court may 
of its own motion, and may in its discretion upon the application of any of the parties to a suit, send for, 
either  from  its  own  records  or  from  any  other  Court,  the  record  of  any  other  suit  or  proceeding,  and 
inspect the same. 

(2) Every application made under this rule shall (unless the Court otherwise directs) be supported 
by an affidavit showing how the record is material to the suit in which the application is made, and 
that the applicant cannot without unreasonable delay or expense obtain a duly authenticated copy of 
the record or of such portion thereof as the applicant requires, or that the production of the original is 
necessary for the purposes of justice. 

(3)  Nothing  contained  in  this  rule  shall  be  deemed  to  enable  the  Court  to  use  in  evidence  any 

document which under the law of evidence would be inadmissible in the suit. 

1. Subs. by Act 104 of 1976, s. 63, for the First proviso (w.e.f. 1-2-1977). 
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). 

123 

 
                                                      
 
11. Provisions as to documents applied to material objects.—The provisions therein contained as 

to documents shall, so far as may be, apply to all other material objects producible as evidence. 

______ 
*[ORDER XIII-A 
Summary Judgment 
1.  Scope  of  and  classes  of  suits  to  which  this  Order  applies.  —(1)  This  Order  sets  out  the 
procedure by which Courts may decide a claim pertaining to any Commercial Dispute without recording 
oral evidence. 

(2) For the purposes of this Order, the word “claim” shall include—  

(a) part of a claim;  
(b) any particular question on which the claim (whether in whole or in part) depends; or  
(c) a counterclaim, as the case may be.  

(3) Notwithstanding anything to the contrary, an application for summary judgment under this Order 
shall not be made in a suit in respect of any Commercial Dispute that is originally filed as a summary suit 
under Order XXXVII. 

2. Stage for application for summary judgment.—An applicant may apply for summary judgment 

at any time after summons has been served on the defendant:  

Provided that, no application for summary judgment may be made by such applicant after the Court 

has framed the issues in respect of the suit.  

3. Grounds for summary judgment.—The Court may give a summary judgment against a plaintiff 

or defendant on a claim if it considers that–– 

 (a)  the  plaintiff  has  no  real  prospect  of  succeeding  on  the  claim  or  the  defendant  has  no  real 

prospect of successfully defending the claim, as the case may be; and  

(b) there is no other compelling reason why the claim should not be disposed of before recording 

of oral evidence. 
4. Procedure.—(1) An application for summary judgment to a Court shall, in addition to any other 
matters the applicant may deem relevant, include the matters set forth in sub-clauses (a) to (f) mentioned 
hereunder:—  

(a) the application must contain a statement that it is an application for summary judgment made 

under this Order; 

(b) the application must precisely disclose all material facts and identify the point of law, if any; 
(c) in the event the applicant seeks to rely upon any documentary evidence, the applicant must,––  

(i) include such documentary evidence in its application, and  
(ii) identify the relevant content of such documentary evidence on which the applicant relies;  
(d)  the  application  must  state  the  reason  why  there  are  no  real  prospects  of  succeeding  on  the 

claim or defending the claim, as the case may be;  

(e) the application must state what relief the applicant is seeking and briefly state the grounds for 

seeking such relief. 
(2) Where a hearing for summary judgment is fixed, the respondent must be given at least thirty days’ 

notice of:—  

(a) the date fixed for the hearing; and  
(b) the claim that is proposed to be decided by the Court at such hearing. 

(3)  The  respondent  may,  within  thirty  days  of  the  receipt  of  notice  of  application  of  summary 
judgment or notice of hearing (whichever is earlier), file a reply addressing the matters set forth in clauses 
(a) to (f) mentioned hereunder in addition to any other matters that the respondent may deem relevant:—  

(a) the reply must precisely–– 

(i) disclose all material facts; 
(ii) identify the point of law, if any; and 

124 

 
(iii) state the reasons why the relief sought by the applicant should not be granted;  

(b)  in  the  event  the  respondent  seeks  to  rely  upon  any  documentary  evidence  in  its  reply,  the 

respondent must—  

(i) include such documentary evidence in its reply; and  
(ii)  identify  the  relevant  content  of  such  documentary  evidence  on  which  the  respondent 

relies;  
(c)  the  reply  must  state  the  reason  why  there  are  real  prospects  of  succeeding  on  the  claim  or 

defending the claim, as the case may be;  

(d) the reply must concisely state the issues that should be framed for trial;  
(e) the reply must identify what further evidence shall be brought on record at trial that could not 

be brought on record at the stage of summary judgment; and  

(f) the reply must state why, in light of the evidence or material on record if any, the Court should 

not proceed to summary judgment.  
5. Evidence for hearing of summary judgment.—(1) Notwithstanding anything in this Order, if the 
respondent in an application for summary judgment wishes to rely on additional documentary evidence 
during the hearing, the respondent must:—  

(a) file such documentary evidence; and  
(b)  serve  copies  of  such  documentary  evidence  on  every  other  party  to  the  application  at  least 

fifteen days prior to the date of the hearing.  
(2) Notwithstanding anything in this Order, if the applicant for summary judgment wishes to rely on 

documentary evidence in reply to the defendant’s documentary evidence, the applicant must:— 

(a) file such documentary evidence in reply; and  
(b) serve a copy of such documentary evidence on the respondent at least five days prior to the 

date of the hearing.  
(3)  Notwithstanding  anything  to  the  contrary,  sub-rules  (1)  and  (2)  shall  not  require  documentary 

evidence to be:—  

(a) filed if such documentary evidence has already been filed; or  
(b) served on a party on whom it has already been served.  

6. Orders that may be made by Court.—(1) On an application made under this Order, the Court 

may make such orders that it may deem fit in its discretion including the following:— 

(a) judgment on the claim;  
(b) conditional order in accordance with Rule 7 mentioned hereunder;  
(c) dismissing the application;  
(d) dismissing part of the claim and a judgment on part of the claim that is not dismissed;  
(e) striking out the pleadings (whether in whole or in part); or 
(f) further directions to proceed for case management under Order XV-A.  

(2)  Where  the  Court  makes  any  of  the  orders  as  set  forth  in  sub-rule  (1)  (a)  to  (f),  the  Court  shall 

record its reasons for making such order.  

7. Conditional order.—(1) Where it appears to the Court that it is possible that a claim or defence 
may succeed but it is improbable that it shall do so, the Court may make a conditional order as set forth in 
Rule 6 (1) (b). 

(2) Where the Court makes a conditional order, it may:—  

(a) make it subject to all or any of the following conditions:—  
(i) require a party to deposit a sum of money in the Court; 
(ii) require a party to take a specified step in relation to the claim or defence, as the case may 

be; 

(iii)  require  a  party,  as  the  case  may  be,  to  give  such  security  or  provide  such  surety  for 

restitution of costs as the Court deems fit and proper; 

125 

 
(iv) impose  such  other  conditions,  including  providing  security  for restitution  of  losses  that 
any  party  is  likely  to  suffer  during  the  pendency  of  the  suit,  as  the  Court  may  deem  fit  in  its 
discretion; and  
(b)  specify  the  consequences  of  the  failure  to  comply  with  the  conditional  order,  including 

passing a judgment against the party that have not complied with the conditional order. 
8. Power to impose costs.—The Court may make an order for payment of costs in an application for 

summary judgment in accordance with the provisions of sections 35 and 35A of the Code.] 

______ 
ORDER XIV 
Settlement of Issues and Determination of Suit on  
Issues of Law or on Issues agreed upon 

1. Framing of issues.—(1) Issues arise when a material proposition of fact or law is affirmed by the 

one party and denied by the other. 

(2) Material propositions arc those propositions of law or fact which a plaintiff must allege in order to 

show a right to sue or a defendant must allege in order to constitute his defence. 

(3) Each material proposition affirmed by one party and denied by the other shall form the subject of 

distinct issue. 

(4) Issues are of two kinds: 
(a) issues of fact, 
(b) issues of law. 

(5) At the first hearing of the suit the Court shall, after reading the plaint and the written statements if 
any,  and  1[after  examination  under  rule  2  of  Order  X  and  after  hearing  the  parties  or  their  pleaders], 
ascertain upon what material propositions of fact or of law the parties are at variance, and shall thereupon 
proceed to frame and record the issues on which the right decision of the case appears to depend. 

(6) Nothing is this rule requires the Court to frame and record issued where the defendant at the first 

hearing of the suit makes no defence. 

2[2. Court to pronounce judgment on all issues.—(1) Notwithstanding that a case may be disposed 
of on a preliminary issue, the Court shall, subject to the provisions of sub-rule (2), pronounce judgment 
on all issues. 

(2) Where issues both of law and of fact arise in the same suit, and the Court is of opinion that the case or 

any part thereof may be disposed of on an issue of law only, it may try that issue first if the issue relates to— 

(a) the jurisdiction of the Court, or 
 (b) a bar to the suit created by any law for the time being in force, 

and for that purpose may, if it thinks fit, postpone the settlement of the other issues until after that issue 
has been determined, and may deal with the suit in accordance with the decision on that issue.] 

3. Materials from which issues may be framed.—The Court may frame the issues from all or any 

of the following materials:— 

(a) allegations made on oath by the parties, or by any persons present on their behalf, or made by 

the pleaders of such parties; 

(b) allegations made in the pleadings or in answers to interrogatories delivered in the suit; 
(c) the contents of documents produced by either party. 

4.  Court  may  examine  witnesses  or  documents  before  framing  issues.—Where  the  Court  is  of 
opinion that the issues cannot be correctly framed without the examination of some person not before the 
Court or without the inspection of some document not, produced in the suit, it 3[may adjourn the framing 
of  issues  to  a  day  not  later  than  seven  days]  and  may  (subject  to  any  law  for  the  time  being  in  force) 

1. Subs. by Act 104 of 1976, s. 64,  for certain words (w.e.f. 1-2-1977). 
2. Subs. by s. 64, ibid., for rule 2 (w.e.f. 1-2-1977). 
3. Subs. by Act 46 of 1999, s. 24, for certain words (w.e.f. 1-7-2002). 

126 

 
 
                                                      
compel  the  attendance  of  any  person  or  the  production  of  any  document  by  the  person  in  whose 
possession or power it is by summons or other process. 

1[5. Power to amend and strike out, issues.—(1) The Court may at any time before passing a decree 
amend  the  issues  or  frame  additional issues  on  such terms  as  it  thinks  fit,  and all such  amendments  or 
additional issues as may be necessary for determining the matters in controversy between the parties shall 
be so made or framed. 

(2) The Court may also, at any time before passing a decree, strike out any issues that appear to it to 

be wrongly framed or introduced.] 

6. Questions of fact or law may by agreement be stated in form of issues.—(1) Where the parties 
to a suit are agreed as to the question of fact or of law to be decided between them, they may state the 
same in the form of an issue, and enter into an agreement in writing that, upon the finding of the Court in 
the affirmative or the negative or such issue,— 

(a)  a  sum  of  money  specified  in  the  agreement  or  to  be  ascertained  by  the  Court,  or  in  such 
manner as the Court may direct, shall be paid by one of the parties to the other of them, or that one of 
them be declared entitled to some right or subject some liability specified in the agreement; 

(b) some property specified in the agreement and in dispute in the suit shall be delivered by one 

of the parties to the other of them, or as that other may direct; or 

(c) one or more of the parties shall do or abstain from doing some particular act specified in the 

agreement and relating to the matter in dispute. 

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

Where the Court is satisfied, after making such inquiry as it deems proper,—  

(a) that the agreement was duly executed by the parties, 

(b) that they have a substantial interest in the decision of such question as aforesaid, and 

(c) that the same is fit to be tried and decided, 

it shall proceed to record and try the issue and state its finding or decision thereon in the same manner as 
if the issue had been framed by the Court; 

and shall, upon the finding or decision on such issue, pronounce judgment according to the terms of 

the agreement; and, upon the judgment so pronounced, a decree shall follow. 

______ 

*[ORDER XV 
Disposal of the Suit at the first hearing 

1. Parties not at issue.—(1) Where at the first hearing of a suit it appears that the parties are not at 

issue on any question of law or of fact, the Court may at once pronounce judgment. 

2. One of several defendants not at issue.—2[(1) Where there are more defendants than one, and any 
one of the defendants is not at issue with the plaintiff on any question of law or of fact, the Court may at once 
pronounce  judgment  for  or  against  such  defendant  and  the  suit  shall  proceed  only  against  the  other 
defendants.] 

3[(2) Whenever a judgment is pronounced under this rule, decree shall be drawn up in accordance with 

such judgment and the decree shall bear the date on which the judgment was pronounced.] 

3. Parties at issue.—(1) Where the parties are at issue on some question of law or of fact, and issues 
have been framed by the Court as hereinbefore provided, if the Court is satisfied that no further argument 
or evidence that the parties can at once adduce is required upon such of the issues as may be sufficient for 

1. Subs. by Act 22 of 2002, s. 11, for rule 5 (w.e.f. 1-7-2002). 
2. Rule 2 renumbered as sub-rule (1) by Act 104 of 1976, s. 65 (w.e.f. 1-2-1977). 
3. Ins. by s. 65, ibid. (w.e.f 1-2-1977). 
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). 

127 

 
                                                      
 
the decision of the suit, and that no injustice will result from proceeding with the suit forthwith, the Court 
may  proceed  to  determine  such  issues,  and,  if  the  finding  thereon  is  sufficient  for  the  decision,  may 
pronounce judgment accordingly, whether the summons has been issued for the settlement of issues only 
or for the final disposal of the suit: 

Provided that, where the summons has been issued for the settlement of issues only, the parties or their 

pleaders are present and none of them objects. 

(2) Where the finding is not sufficient for the decision, the Court shall postpone the further hearing of 
the suit, and shall fix a day for the production of such further evidence, or for such further argument as 
the case requires. 

4. Failure to produce evidence.—Where the summons has been issued for the final disposal of the 
suit and either party fails without sufficient cause to produce the evidence on which he relies, the Court 
may at once pronounce judgment, or may, if it thinks fit, after framing and recording issues, adjourn the 
suit for the production of such evidence as may be necessary for its decision upon such issues.] 

Uttar Pradesh 

STATE AMENDMENT 

Amendment of Order XV.— In  the  First  Schedule,  in  Order  XV,  for  the  existing  rule  5, the  following 
rule shall be substituted, namely :— 

“5. Striking off defense on failure to deposit admitted rent, etc.— (1) In any suit by a 
lessor for the eviction of a lessee after the determination of his lease and for the recovery from 
him of rent or compensation for use and occupation, the defendant shall, at  or  before the  first 
hearing  of  the  suit,  deposit  the  entire  amount  admitted  by  him to  be  due    together  with 
interest thereon at the rate  of nine per centum per annum and whether or not he admits  any  
amount    to    be    due,    he  shall  throughout  the  continuation  of  the  suit  regularly  deposit    the 
monthly amount due  within a  week from the date of its accrual,  and in the event of any default 
in making the deposit of the entire amount admitted by him to be  due  or  the  monthly  amount  
due  as  aforesaid, the court may subject to the provisions of sub-rule (2), strike off his defense. 

“Explanation  1   —  The  expression  ‘first   hearing’  means  the  date  for  filing  written 
statement  or  for  hearing  mentioned  in  the summons or where more than one of such dates 
are  mentioned, the last of the dated mentioned. 

“Explanation 2 — The expression ‘entire amount admitted by him to be due’ means 
the  entire  gross  amount,  whether  as  rent  or  compensation  for  use  and  occupation, 
calculated  at  the  admitted  rate of  rent  for  the  admitted  period  of  arrears  after  making  no 
other deduction  except  the  taxes,  if  any,  paid  to  a  local  authority  in  respect of the building 
on lessor’s account and the amount, if any, deposited in any court under section 30 of the U. 
P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. 

“Explanation    3    —    The    expression    ‘monthly    amount    due’  means  the  amount  due  
every month,  whether as  rent or compensation for use and occupation at the admitted rate of  
rent,    after    making    no  other  deductions  except  the  taxes,  if  any,  paid  to  a  local  authority  in 
respect of the  building on  lessor’s  account. 

(2)  Before  making  an  order  for  striking    off    defense,    the    court  may  consider  any 
representation  made  by  the  defendant  in  that  behalf  provided  such  representation  is  made  within    10  
days,  of  the  first hearing or, of  the  expiry  of the  week referred to in sub-section (1),  as the  case 
may  be. 

(3)  The amount deposited under this rule may at any time be withdrawn by the plaintiff  ; 

Provided that  such  withdrawal  shall  not have the  effect  of  prejudicing  any  claim  by  the 

plaintiff disputing the correctness of the amount deposited ; 

Provided  further  that    if    the    amount    deposited    includes    any  sums  claimed  by  the 
depositor  to  be  deductible    on    any    account,    the  court  may    require    the    plaintiff    to    furnish 

128 

 
security for such sum before he  is  allowed to  withdraw  the  same.” 

[Vide Uttar Pradesh Act 57 of 1976, s. 7] 

Uttar Pradesh 

Insertion of new rule in Order XV Schedule 1 of 1908.-- In  the  First  Schedule  to  the  said  Code, 

in  Order  XV,  after rule 4, the following rule shall be inserted, namely ; 

the  eviction  of  a 

“5. Striking off defense on non-deposit of admitted rent, etc.--(1)  In  any  suit  by  a 
lessee  from  any  immovable  property  after  the  
lessor  for 
determination    of    his    lease,    and    for  the  recovery  from  him  of  rent  in  respect  of  the 
period  of  occupation  thereof  during  the  continuance  of  the    lease,  or  of    compensation 
for the use or occupation thereof, whether instituted before or after the commencement 
of the  Uttar Pradesh Civil Laws Amendment Act, 1972, the defendant shall, at or before  
the  first hearing  of the suit (or in the case of a suit instituted before the commencement 
of  the said  Act,  the first hearing after such commencement), deposit the entire  amount 
of  rent,  or  compensation  for  use  and  occupation,  admitted    by    him    to    be due,  and 
thereafter  throughout  the  continuance  of  the  suit,  deposit  regularly  the  amount  of 
monthly rent, or compensation for use and occupation, due at the rate admitted by him, 
and  in  the  event  of    any default  in  this  regard,  the  Court  may,  unless  after  considering 
any representation made by him in  that  behalf  it  allows  him  further  time on security 
being furnished for the amount, refuse to entertain any defense  or,  as  the  case  may  be, 
strike-off his defense. 

(2)  The  provisions  of  this  rule  are  in  addition  to  and  not  in derogation  of  anything 

contained in rule  10 of  Order XXXIX.” 

[Vide Uttar Pradesh Act 37 of 1972, s. 7] 

______ 

*[ORDER XV-A 

Case Management Hearing 

1. First Case Management Hearing.—The Court shall hold the first Case Management Hearing, not 
later than four weeks from the date of filing of affidavit of admission or denial of documents by all parties 
to the suit.  

2. Orders to be passed in a Case Management Hearing.—In a Case Management Hearing, after 
hearing the parties, and once it finds that there are issues of fact and law which require to be tried, the 
Court may pass an order–– 

(a)  framing  the  issues  between  the  parties  in  accordance  with  Order  XIV  of  the  Code  of  Civil 
Procedure, 1908  (5 of 1908), after examining pleadings, documents and documents produced before 
it, and on examination conducted by the Court under Rule 2 of Order X, if required; 

(b) listing witnesses to be examined by the parties;  

(c) fixing the date by which affidavit of evidence to be filed by parties; 

(d) fixing the date on which evidence of the witnesses of the parties to be recorded;  

(e) fixing the date by which written arguments are to be filed before the Court by the parties;  

(f) fixing the date on which oral arguments are to be heard by the Court; and  

(g) setting time limits for parties and their advocates to address oral arguments.  

3. Time limit for the completion of a trial.—In fixing dates or setting time limits for the purposes of 
Rule 2 of this Order, the Court shall ensure that the arguments are closed not later than six  months from 
the date of the first Case Management Hearing. 

4. Recording of oral evidence on a day-to-day basis.—The Court shall, as far as possible, ensure 
that the recording of evidence shall be carried on, on a day-to-day basis until the cross-examination of all 
the witnesses is complete. 

129 

 
5.  Case  Management  Hearings  during  a  trial.—The  Court  may,  if  necessary,  also  hold  Case 
Management Hearings anytime during the trial to issue appropriate orders so as to ensure adherence by 
the parties to the dates fixed under Rule 2 and facilitate speedy disposal of the suit.  

6. Powers of the Court in a Case Management Hearing.—(1) In any Case Management Hearing 

held under this Order, the Court shall have the power to—  

(a)  prior  to  the  framing  of  issues,  hear  and  decide  any  pending  application  filed  by  the  parties 

under Order XIII-A; 

(b)  direct  parties  to  file  compilations  of  documents  or  pleadings  relevant  and  necessary  for 

framing issues; 

(c) extend or shorten the time for compliance with any practice, direction or Court order if it finds 

sufficient reason to do so;  

(d) adjourn or bring forward a hearing if it finds sufficient reason to do so; 

(e) direct a party to attend the Court for the purposes of examination under Rule 2 of Order X;  

(f) consolidate proceedings;  
 (g) strike off the name of any witness or evidence that it deems irrelevant to the issues framed;  
(h) direct a separate trial of any issue;  
(i) decide the order in which issues are to be tried;  
(j) exclude an issue from consideration; 
(k) dismiss or give judgment on a claim after a decision on a preliminary issue;  
(l) direct that evidence be recorded by a Commission where necessary in accordance with Order 

XXVI;  

(m) reject any affidavit of evidence filed by the parties for containing irrelevant, inadmissible or 

argumentative material;  

(n)  strike  off  any  parts  of  the  affidavit  of  evidence  filed  by  the  parties  containing  irrelevant, 

inadmissible or argumentative material;  

(o) delegate the recording of evidence to such authority appointed by the Court for this purpose;  
(p) pass any order relating to the monitoring of recording the evidence by a commission or any 

other authority; 

(q) order any party to file and exchange a costs budget; 
(r)  issue  directions  or  pass  any  order  for  the  purpose  of  managing  the  case  and  furthering  the 

overriding objective of ensuring the efficient disposal of the suit. 
(2) When the Court passes an order in exercise of its powers under this Order, it may—  

(a) make it subject to conditions, including a condition to pay a sum of money into Court; and 
 (b) specify the consequence of failure to comply with the order or a condition.  

(3) While fixing the date for a Case Management Hearing, the Court may direct that the parties also 
be present for such Case Management Hearing, if it is of the view that there is a possibility of settlement 
between the parties. 

7.  Adjournment  of  Case  Management  Hearing.—(1)  The  Court  shall  not  adjourn  the  Case 

Management Hearing for the sole reason that the advocate appearing on behalf of a party is not present:  

Provided that an adjournment of the hearing is sought in advance by moving an application, the Court 
may adjourn the hearing to another date upon the payment of such costs as the Court deems fit, by the 
party moving such application.  

(2) Notwithstanding anything contained in this Rule, if the Court is satisfied that there is a justified 
reason for the absence of the advocate, it may adjourn the hearing to another date upon such terms and 
conditions it deems fit. 

______________________ 

*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). 

130 

 
 
 
8. Consequences of non-compliance with orders.— Where any party fails to comply with the order 

of the Court passed in a Case Management Hearing, the Court shall have the power to—  

(a) condone such non-compliance by payment of costs to the Court;  

  (b)  foreclose  the  non-compliant  party’s  right  to  file  affidavits,  conduct  cross-examination  of 
witnesses, file written submissions, address oral arguments or make further arguments in the trial, as 
the case may be, or  

  (c)  dismiss  the  plaint  or  allow  the  suit  where  such  non-compliance  is  wilful,  repeated  and  the 

imposition of costs is not adequate to ensure compliance.] 

Jammu and Kashmir and Ladakh (UTs).― 
Insertion of Order XV-A.—After Order XV of the Code, insert the following Order, namely,- 

STATE AMENDMENT 

“ORDER XV-A 

1. First Case Management Hearing.—The court shall hold the first Case Management Hearing, not 
later  than  four  week‘s  from  the  date  of  filing  of  affidavit  of  admission  or  denial  of  documents  by  all 
parties to the suit. 

2.  Orders  to  be  passed  in  a  Case  Management  Hearing.—In  a  Case  Management  Hearing,  after 
hearing the parties, and once it finds that there are issues of fact and law which require to be tried, the 
court may pass an order— 

(a)  framing  the  issues  between  the  parties  in  accordance  with  Order  XIV  of  the  Code  of  Civil 
Procedure, 1908 (5 of 1908) after examining pleadings, documents and documents produced before it, 
and on examination conducted by the court under Rule 2 of Order X, if required; 

(b) listing witnesses to be examined by the parties; 

(c) fixing the date by which affidavit of evidence to be filed by parties; 

(d) fixing the date on which evidence of the witnesses of the parties to be recorded; 

(e) fixing the date by which written arguments are to be filed before the court by the parties; 

(f) fixing the date on which oral arguments are to be heard by the court; and 

(g) setting time limits for parties and their advocates to address oral arguments. 

3. Time limit for the completion of a trial.—In fixing dates or setting time limits for the purposes of 
Rule 2 of this order, the court shall ensure that the arguments are closed not later than six months from the 
date of the first Case Management Hearing. 

4. Recording of oral evidence on a day-to-day basis.—The court shall, as far as possible, ensure that 
the  record  of  evidence  shall  be  carried  on,  on  a  day-to-day  basis  until  he  cross  examination  of  all  the 
witnesses is complete. 

5.  Case  Management  hearings  during  trial.—  The  court  may,  if  necessary,  also  hold  Case 
Management Hearings anytime during the trial to issue appropriate orders so as to ensure adherence by 
the parties to the dates fixed under Rule 2 and facilitate speedy disposal of the suit. 

6.  Powers  of  the  court  in  a  Case  Management  Hearing.—(1)  In  any  Case  Management  Hearing 

held under this order, the court shall have the power to – 

(a) prior to the framing of issues, hear and decide any pending application filed by the parties under 

Order XIII-A; 

(b) direct parties to file compilations of documents or pleadings relevant and necessary for framing 

issues; 

(c) extend or shorten the time for compliance with any practice, direction or court order if it finds 

sufficient reason to do so; 

131 

 
 
 
 
(d) adjourn or bring forward a hearing if it finds sufficient reason to do so; 

(e) direct a party to attend the court for the purposes of examination under Rule 2 of Order X; 

(f) consolidate proceedings; 

(g) strike off the name of any witness or evidence that it deems irrelevant to the issues framed; 

(h) direct a separate trial of any issue; 

(i) decide the order in which issues are to be tried; 

(j) exclude an issue from consideration; 

(k) dismiss or give judgment on a claim after a decision on a preliminary issue; 

(l) direct that evidence be recorded by a Commission where necessary in accordance with Order 

XXVI; 

(m) reject any affidavit of evidence filed by the parties for containing irrelevant, inadmissible or 

argumentative material; 

(n)  strike  off  any  parts  of  the  affidavit  of  evidence  filed  by  the  parties  containing  irrelevant, 

inadmissible or argumentative material; 

(o) delegate the recording of evidence to such authority appointed by the court for this purpose; 

(p)  pass  any  order  relating  to  the  monitoring  of  recording  the  evidence  by  a  commission  or  any 

other authority; 

(q) order any party to file land exchange a costs budget; 

(r)  issue  directions  or  pass  any  order  for  the  purpose  of  managing  the  case  and  furthering  the 

overriding objective of ensuring the efficient disposal of the suit. 

(2) When the court passes an order in exercise of its powers under this order, it may– 

(a) make it subject to conditions, including a condition to pay a sum of money into court; and 

(b) specify the consequence of failure to comply with the order or a condition. 

(3) While fixing the date for a Case Management Hearing, the court may direct that the parties also be 

present for such Case Management Hearing, if it is of the view that there is a possibility of settlement 
between the parties. 

7.  Adjournment  of  Case  Management  Hearing.—(1)  The  Court  shall  not  adjourn  the  Case 

Management Hearing for the sole reason that the advocate appearing on behalf of a party is not present: 

Provided that an adjournment of the hearing is sought in advance by moving an application, the court 
may  adjourn the  hearing to  another  date  upon the  payment  of such  costs  as the  court  deems  fit,  by  the 
party moving such application. 

(2)  Notwithstanding  anything  contained  in  this  rule,  if  the  court  is  satisfied  that  there  is  a  justified 
reason for the absence of the advocate, it may adjourn the hearing to another date upon such terms and 
conditions it deems fit. 

8. Consequences of non-compliance with orders.—Where any party fails to comply with the order 

of the court passed in a Case Management Hearing, the court shall have the power to– 

(a) condone such non-compliance by payment of costs to the court; 

(b) foreclose the non-compliant party's right to file affidavits, conduct cross-examination of witnesses, 
file written submissions, address oral arguments or make further arguments in the trial, as the case may 
be; or 

132 

 
 
(c)  dismiss  the  plaint  or  allow  the  suit  where  such  non-compliance  is  willful,  repeated  and  the 

imposition of costs is not adequate to ensure compliance. 

[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)] 

______ 

ORDER XVI 

Summoning and Attendance of Witnesses 

1[1.  List  of  witnesses  and  summons  to  witnesses.—(1)  On  or  before  such  date  as  the  Court  may 
appoint,  and  not  later  than  fifteen  days  after  the  date  on  which  the  issues  are  settled,  the  parties  shall 
present  in  Court  a  list  of  witnesses  whom  they  propose  to  call  either  to  give  evidence  or  to  produce 
documents and obtain summonses to such persons for their attendance in Court. 

(2) A party desirous of obtaining any summons for the attendance of any person shall file in Court an 

application stating therein the purpose for which the witness is proposed to be summoned. 

(3) The Court may, for reasons to be recorded, permit a party to call, whether by summoning through 
Court or otherwise, any witness, other than those whose names appear in the list referred to in sub-rule (1), 
if such party shows sufficient cause for the omission to mention the name of such witness in the said list. 

(4) Subject to the provisions of sub-rule (2), summonses referred to in this rule may be obtained by 
the parties on an application to the Court or to such officer as may be appointed by the  2[Court in this 
behalf within five days of presenting the list of witnesses under sub-rule (1).] 

3[1A. Production  of witnesses without summons.—A  Subject to the  provisions  of  sub-rule (3)  of 
rule 1, any party to the suit may, without applying for summons under rule 1, bring any witness to give 
evidence or to produce documents.] 

2. Expenses of witness to be paid into Court on applying for summons.—(1) The party applying for 
a summons shall, before the summons is granted and within a period to be fixed  4[which shall not be later 
than seven days from the date of making applications under sub-rule (4) of rule 1] pay into Court such a sum 
of money as appears to the Court to be sufficient to defray the travelling and other expenses of the person 
summoned in passing to and from the Court in which he is required to attend, and for one day's attendance. 

(2) Experts.—In determining the amount payable under this rule, the Court may, in the case of any 
person summoned to give evidence as an expert, allow reasonable remuneration for the time occupied 
both in giving evidence and in performing any work of an expert character necessary for the case. 

(3)  Scale  of  expenses.—Where the  Court  is  subordinate to  a  High  Court,  regard  shall  be  had, in 

fixing the scale of such expenses, to any rules made in that behalf. 

5[(4) Expenses to be directly paid to witnesses.—Where the summons is served directly by the party 
on a witness, the expenses referred to in sub-rule (1) shall be paid to the witness by the party or his agent.] 

3. Tender of expenses to witness.—The sum so paid into Court shall be tendered to the person sum-

moned, at the time of serving the summons, if it can be served personally. 

4. Procedure where insufficient sum paid in.—(1) Where it appears to the Court or to such officer as 
it appoints in this behalf that the sum paid into Court is not sufficient to cover such expenses or reasonable 
remuneration, the Court may direct such further sum to be paid to the person summoned as appears to be 
necessary  on  that  account,  and,  in  case  of  default  in  payment,  may  order  such  sum  to  be  levied  by 
attachment  and  sale  of  the  movable  property  of  the  party  obtaining  the  summons,  or  the  Court  may 

1. Subs. by Act 104 of 1976, s. 66, for rule 1 (w.e.f. 1-2-1977). 
2. Subs. by Act 46 of 1999, s. 25, for certain words (w.e.f. 1-7-2002). 
4. Subs. by Act 104 of 1976, s. 66, for rule 1A (w.e.f.  1-2-1977). 
5. Ins. by Act 46 of 1999, s. 25 (w.e.f. 7-2002). 
6. Ins. by Act 104 of 1976, s. 66 (w.e.f. 1-2-1977). 

133 

 
                                                      
discharge the person summoned without requiring him to give evidence; or may both order such levy and 
discharge such person as aforesaid. 

(2)  Expenses  of  witnesses detained  more  than  one  day.—Where  it  is  necessary  to  detain  the  person 
summoned  for  a  longer  period  than  one  day,  the  Court  may,  from  time  to  time,  order  the  party  at  whose 
instance he was summoned to pay into Court such sum as is sufficient to defray the expenses of his detention 
for  such  further  period,  and,  in  default  of  such  deposit  being  made,  may  order  such  sum  to  be  levied  by 
attachment and sale of the movable property of such party; or the Court may discharge the person summoned 
without requiring him to give evidence; or may both order such levy and discharge such person as aforesaid. 

5. Time, place and purpose of attendance to be specified in summons.—Every summons for the 
attendance  of  a  person  to  give  evidence  or  to  produce  a  document  shall  specify  the  time  and  place  at 
which  he  is  required  to  attend,  and  also  whether  his  attendance  is  required  for  the  purpose  of  giving 
evidence or to produce a document or for both purposes; and any particular document, which the person 
summoned is called on to produce shall be described in the summons with reasonable accuracy. 

6.  Summons  to  produce  document.—Any  person  may  be  summoned  to  produce  a  document, 
without  being  summoned  to  give  evidence;  and  any  person  summoned  merely  to  produce  a  document 
shall be deemed to have complied with the summons if he causes such document to be produced instead 
of attending personally to produce the same. 

7.  Power  to  require  persons  present  in  Court  to  give  evidence  or  produce  document.—Any 
person present in Court may be required by the Court to give evidence or to produce any document then 
and there in his possession or power. 

1[7A. Summons given to the party for service.—(1) The Court may, on the application of any party 
for the issue of a summons for the attendance of any person, permit such party to effect service of such 
summons on such person and shall, in such a case, deliver the summons to such party for service. 

(2)  The  service  of  such  summons  shall  be  effected  by  or  on  behalf  of  such  party  by  delivering  or 
tendering to the witness personally a copy thereof signed by the Judge or such officer of the Court as he 
may appoint in this behalf and sealed with the seal of the Court. 

(3) The provisions of rules 16 and 18 of Order V shall apply to a summons personally served under 

this rule as if the person effecting service were a serving officer. 

(4)  If  such  summons,  when  tendered,  is  refused  or  if  the  person  served  refuses  to  sign  and 
acknowledgement  of  service  or  for  any  reason  such  summons  cannot  be  served  personally,  the  Court 
shall,  on  the  application  of  the  party,  re-issue  such  summons  to  be  served  by  the  Court  in  the  same 
manner as a summons to a defendant. 

(5) Where a summons is served by a party under this rule, the party shall not be required to pay the 

fees otherwise chargeable for the service of summons.] 

8. Summons how served.—Every summons 2[under this Order, not being a summons delivered to a 
party for service under rule 7A,] shall be served as nearly as may be in the same manner as a summons to 
a defendant and the rules in Order V as to proof of service shall apply in the case of all summonses served 
under this rule. 

9. Time for serving summons.—Service shall in all cases be made a sufficient time before the time 
specified in the summons for the attendance of the person summoned, to allow him a reasonable time for 
preparation and for travelling to the place .at which his attendance is required. 

1. Ins. by Act 104 of 1976, s. 66 (w.e.f. 1-2-1977). 
2. Subs. by s. 66, ibid., for certain words (w.e.f. 1-2-1977). 

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10.  Procedure  where  witness  fails  to  comply  with  summons.—1[(1)  Where  a  person  has  been 
issued  either  to  attend  to  give  evidence  or  to  produce  a  document,  fails  to  attend  or  to  produce  the 
document in compliance with such summons, the Court— 

(a) shall, if the certificate of the serving officer has not been verified by the affidavit, or if service 

of the summons has affected by a party or his agent, or 

(b) may, if the certificate of the serving officer has been so verified, 

examine on oath the serving officer or the party or his agent, as the case may be, who has effected service, 
or cause him to be so examined by any Court, touching the service or non-service of the summons.] 

(2) Where the Court sees reason to believe that such evidence or production is material, and that such 
person  has,  without  lawful  excuse,  failed  to  attend  or  to  produce  the  document  in  compliance  with  such 
summons or has intentionally avoided service, it may issue a proclamation requiring him to attend to give 
evidence  or  to  produce  the  document  at  a  time  and  place  to  be  named  therein;  and  a  copy  of  such 
proclamation shall be affixed on the outer door or other conspicuous part of the house in which he ordinarily 
resides. 

(3) In lieu of or at the time of issuing such proclamation, or at any time afterwards, the Court may, in 
its discretion, issue a warrant, either with or without bail, for the arrest of such person, and may make an 
order for the attachment of his property to such amount as it thinks fit, not exceeding the amount of the 
costs of attachment and of any fine which may be imposed under rule 12: 

Provided that no Court of Small Causes shall make an order for the attachment of immovable property. 

11.  If witness appears attachment may be withdrawn.—Where, at any time after the attachment 

of his property, such person appears and satisfies the Court,— 

(a) that he did not, without lawful excuse, fail to comply with the summons or intentionally avoid 

service, and, 

(b) where he has failed to attend at the time and place named in a proclamation issued under the 

last preceding rule, that he had no notice of such proclamation in time to attend, 

the Court shall direct that the property be released from attachment, and shall make such order as to the 
costs of the attachment as it thinks fit. 

12. Procedure if witness fails to appear.—2[(1)] The Court may, where such person does not appear, 
or appears but fails so to satisfy the Court, impose upon him such fine not exceeding five hundred rupees 
as it thinks fit, having regard to his condition in life and all the circumstances of the case, and may order 
his property, or any part thereof, to be attached and sold or, if already attached under rule 10, to be sold for 
the purpose of satisfying all costs of such attachment, together with the amount of the said fine, if any: 

Provided that, if the person whose attendance is required pays into Court the costs and fine aforesaid, 

the Court shall order the property to be released from attachment. 

3[(2) Notwithstanding that the Court has not issued a proclamation under sub-rule (2) of rule 10, nor 
issued a warrant nor ordered attachment under sub-rule (3) of that rule, the Court may impose fine under 
sub-rule  (1)  of  this  rule  after  giving  notice  to  such  person  to  show  cause  why  the  fine  should  not  be 
imposed.] 

1. Subs. by s. 66. ibid., for sub-rule (1) (w.e.f. 1-2-1977). 
2. Rule 12 renumbered as sub-rule (1) by Act 104 of 1976, s. 66 (w.e.f. 1-2-1977). 
3. Ins. by s. 66, ibid. (w.e.f. 1-2-1977). 

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13. Mode of attachment.—The provisions with regard to the attachment and sale of property in the 
execution of a decree shall, so far as they are applicable, be deemed to apply to any attachment and sale 
under this Order as if the person whose property is so attached were a judgment-debtor. 

14.  Court  may  of  its  own  accord  summon  as  witnesses  strangers  to  suit.—Subject  to  the 
provisions of this Code as to attendance and appearance and to any law for the time being in force, where 
the Court at any time thinks it necessary  1[to examine any person, including a party to the suit] and not 
called  as  a  witness  by  a  party  to  the  suit,  the  Court  may,  of  its  own  motion,  cause  such  person  to  be 
summoned as a witness to give evidence, or to produce any document in his possession, on a day to be 
appointed, and may examine him as a witness or require him to produce such document. 

15.  Duty  of  persons  summoned  to  give  evidence  or  produce  document.  —Subject  as  last 
aforesaid, whoever is summoned to appear and give evidence in a suit shall attend at the time and place 
named in the summons for that purpose, and whoever is summoned to produce a document shall either 
attend to produce it, or cause it to be produced, at such time and place. 

16.  When  they  may  depart.—(1)  A  person  so  summoned  and  attending  shall,  unless  the  Court             

otherwise directs, attend at each hearing until the suit has been disposed of. 

(2) On the application of either party and the payment through the Court of all necessary expenses    

(if any), the Court may require any person so summoned and attending to furnish security to attend at the 
next or any other hearing or until the suit is disposed of and, in default of his furnishing such security, 
may order him to be detained in the civil prison. 

17.  Application  of  rules  10  to  13.—The  provisions  of  rules  10  to  13  shall,  so  far  as  they  are 
applicable,  be  deemed  to  apply  to  any  person  who  having  attended  in  compliance  with  a  summons 
departs, without lawful excuse, in contravention of rule 16. 

18. Procedure where witness apprehended cannot give evidence or produce document.—Where 
any  person  arrested  under  a  warrant  is  brought  before  the  Court  in  custody  and  cannot,  owing  to  the 
absence  of  the  parties  or  any  of  them,  give  the  evidence  or  produce  the  document  which  he  has  been 
summoned to give or produce, the court may require him to give reasonable bail or other security for his 
appearance at such time and place as it thinks fit, and, on such bail or security being given, may release 
him, and, in default of his giving such bail or security, may order him to be detained in the civil prison. 

19. No witness to be ordered to attend in person unless resident within certain limits.—No one 

shall be ordered to attend in person to give evidence unless he resides— 
(a) within the local limits of the Court’s ordinary jurisdiction, or 
(b) without such limits but at a place less then 2[one hundred] or (where there is railway or steamer 
communication or other established public conveyance for five-sixths of the distance between the place 
where he resides and the place where the Court is situate) less than 3[five hundred kilometres] distance 
from the court-house: 
4[Provided that where transport by air is available between the two places mentioned in this rule and 

the witness is paid the fare by air, he may be ordered to attend in person.] 

20. Consequence of refusal of party to give evidence when called on by Court.—Where any party 
to a suit present in Court refuses, without lawful excuse, when required by the Court, to give evidence or 
to produce any document then and there in his possession or power, the Court may pronounce judgment 
against him or make such order in relation to the suit as it thinks fit. 

21. Rules as to witnesses to apply to parties summoned.—Where any party to a suit is required to 
give evidence or to produce a document, the provisions as to witnesses shall apply to him so far as they 
are applicable. 

1. Subs. by s. 66, ibid., for certain words (w.e.f. 1-2-1977). 
2. Subs. by Act 104 of 1976, s. 66, for “fifty” (w.e.f. 1-2-1977). 
3. Subs. by s. 66, ibid., for “two hundred miles” (w.e.f. 1-2-1977). 
4. The proviso added, by s. 66, ibid. (w.e.f. 1-2-1977). 

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Uttar Pradesh 

Amendment of Order XVI.— In the First Schedule, in Order XVI — 

STATE AMENDMENT 

(a) in rule 2, —] 

(i) in  sub-rule   (1)   at   the   end,   the   following   proviso   shall   be  inserted, namely :— 

“Provided,  where  Government  is  the  party  applying  for    a  summons  to  a  Government  servant,  it 

shall not be necessary  for it  to make  any  such payment  into  court.” ; 

(ii) sub-rule (4)  as  inserted  by  the  Allahabad  High  Court  shall be omitted and after sub-rule (4) as 
inserted by the Code of  Civil Procedure (Amendment) Act, 1976, the following sub-rule shall be inserted, 
namely :— 

“(4-A) Allowances, etc. of, Government servant witnesses to be taxed as costs— Any travelling 
and daily allowances and the salary, payable  to  a  Government  servant  who  attends  the  Court  to  give 
evidence or to produce a document shall, on the amount being certified by  such  witness  be taxable 
as costs. 

“Explanation  1    —    The    travelling    and  daily    allowances  shall  be  in  accordance  with  the  rules  

governing  such allowances,  applicable  to the  Government  servant in  question. 

“Explanation 2 — The daily allowance and salary of the Government servant shall be  proportionate  

to  the  number  of  days  of his  attendance  required  by the  Court.”  ; 

(b) in rule 4, the following proviso shall be inserted, namely :— 

“Provided  that  nothing  in  this    rule    shall  apply    to    a  case    where  the  witness  is  a  Government 

servant summoned at the instance of Government as  a  party.” 

[Vide Uttar Pradesh Act 57 of 1976, s. 8] 

______ 
1[ORDER XVI-A 
Attendance of witnesses confined or detained in prisons 

1. Definitions.—In this Order,— 

(a) “detained” includes detained under any law providing for preventive detention; 
(b) “prison” includes— 

(i) any place which has been declared by the State Government, by general or special order, 

to be a subsidiary jail; and 

(ii) any reformatory, borstal institution or other institution of a like nature. 

2. Power to require attendance of prisoners to give evidence.—Where it appears to a Court that 
the evidence of a person confined or detained in a prison within the State is material in a suit, the Court 
may make an order requiring the officer in charge of the prison to produce that person before the Court to 
give evidence: 

Provided that, if the distance from the prison to the Court-house is more than twenty-five kilometers, 
no  such  order  shall  be  made  unless  the  Court  is  satisfied  that  the  examination  of  such  person  on 
commission will not be adequate. 

3.  Expenses  to  be  paid  into  Court.—(1)  Before  making  any  order  under  rule  2,  the  Court  shall 
require the party at whose instance or for whose benefit the order is to be issued, to pay into Court such 
sum of money as appears to the Court to be sufficient to defray the expenses of the execution of the order, 
including the travelling and other expenses of the escort provided for the witness. 

(2) Where the Court is subordinate to a High Court, regard shall be had, in fixing the scale of such 

expenses, to any rules made by the High Court in that behalf. 

1. Ins. by s. 67, ibid. (w.e.f. 1-2-1977). 

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4.  Power  of  State  Government  to  exclude  certain  persons  from  the  operation  of  rule  2.—(1)  The  State 
Government  may,  at  any  time,  having  regard  to  the  matters  specified  in  sub-rule  (2),  by  general  or  special  order, 
direct that any person or class of persons shall not be removed from the prison in which he or they may be 
confined or detained, and thereupon, so long as the order remains in force, no order made under rule 2, 
whether before or after the date of the order made by the State Government, shall have effect in respect of 
such person or class of persons. 

(2)  Before  making  an  order  under  sub-rule  (1),  the  State  Government  shall  have  regard  to  the 

following matters, namely:— 

(a) the nature of the offence for which, or the grounds on which, the person or class of persons 

have been ordered to be confined or detained in prison; 

(b) the likelihood of the disturbance of public order if the person or class of persons is allowed to 

be removed from the prison; and 

(c) the public interest, generally. 

5. Officer in charge of prison to abstain from carrying out order in certain cases.—Where the 

person in respect of whom an order is made under rule 2— 

(a) is certified by the medical officer attached to the prison as unfit to be removed from the prison 

by reason of sickness or infirmity, or 

(b)  is  under  committal  for  trial  or  under  remand  pending  trial  or  pending  a  preliminary 

investigation; or 

(c)  is  in  custody  for  a  period  which  would  expire  before  the  expiration  of  the  time  required  for                

complying with the order and for taking him back to the prison in which he is confined or detained; or 

(d)  is  a  person  to  whom  an  order  made  by  the  State  Government  under  rule  4  applies,                 

the officer in charge of the prison shall abstain from carrying out the Court’s order and shall send to 
the Court a statement of reasons for so abstaining. 
6.  Prisoner  to  be  brought  to  Court  in  custody.—In  any  other  case,  the  officer  in  charge  of  the 
prison shall, upon delivery of the Court’s order, cause the person named therein to be taken to the Court 
so as to be present at the time mentioned in such order, and shall cause him to be kept in custody in or 
near the Court until he has been examined or until the Court authorises him to be taken back to the prison 
in which he is confined or detained. 

7. Power to issue commission for examination of witness in prison.—(1) Where it appears to the 
Court that the evidence of a person confined or detained in a prison, whether within the State or elsewhere 
in  India,  is  material  in  a  suit  but  the  attendance  of  such  person  cannot  be  secured  under  the  preceding 
provisions  of  this  Order,  the  Court  may  issue  a  commission  for  the  examination  of  that  person  in  the 
prison in which he is confined or detained. 

(2) The provisions of Order XXVI shall, so far may be, apply in relation to the examination on commission of 

such person in prison as they apply in relation to the examination on commission of any other person.] 

______ 
ORDER XVII 
Adjournment 

1. Court may grant time and adjourn hearing.—1[(1) The court may, if sufficient cause is shown, 
at any stage of the suit grant time to the parties or to any of them, and may from time to time adjourn the 
hearing of the suit for reasons to be recorded in writing: 

Provided that no such adjournment shall be granted more than three time to a party during hearing of 

the suit.] 

(2) Costs of adjournment.—In every such case the Court shall fix a day for the further hearing of the 
suit, and 2[shall make such orders as to costs occasioned by the adjournment or such higher costs as the 
court deems fit:] 

3[Provided that,—  

1. Subs. by Act 46 of 1999, s. 26, for sub-rule (1) (w.e.f. 1-7-2002). 
2. Subs. by s. 26, ibid., for certain words (w.e.f. 1-7-2002). 
3. Subs. by Act 104 of 1976, s. 68, for the previous proviso (w.e.f. 1-2-1977). 

138 

 
                                                      
(a) when the hearing of the suit has commenced, it shall be continued from day-to-day until all 
the  witnesses  in  attendance  have  been  examined,  unless  the  Court  finds  that,  for  the  exceptional 
reasons to be recorded by it, the adjournment of the hearing beyond the following day is necessary. 

(b) no adjournment shall be granted at the request of a party, except where the circumstances are 

beyond the control of that party, 

(c)  the  fact  that  the  pleader  of  a  party  is  engaged  in  another  Court,  shall  not  be  a  ground  for 

adjournment, 

(d) where the illness of a pleader or his inability to conduct the case for any reason, other than his 
being engaged in another Court, is put forward as a ground for adjournment, the Court shall not grant 
the. adjournment unless it is satisfied that the party applying for adjournment could not have engaged 
another pleader in time, 

(e) where a witness is present in Court but a party or his pleader is not present or the party or his 
pleader,  though  present  in  Court,  is  not  ready  to  examine  or  cross-examine  the  witness,  the  Court 
may, if it thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing 
with the examination-in-chief or cross-examination of the witness, as the case may be, by the party or 
his pleader not present or not ready as aforesaid.] 

2. Procedure if parties fail to appear on day fixed.—Where, on any day to which the hearing of the 
suit is adjourned, the parties or any of them fail to appear, the Court may proceed to dispose of the suit in 
one of the modes directed in that behalf by Order IX or make such other order as it thinks fit. 

1[Explanation.—Where the evidence or a substantial portion of the evidence of any party has already 
been recorded and such party fails to appear on any day to which the hearing of the suit is adjourned, the 
Court may, in its discretion proceed with the case as if such party were present.] 

3. Court may proceed notwithstanding either party fails to produce evidence, etc.—Where any 
party to a suit to whom time has been granted fails to produce his evidence, or to cause the attendance of 
his witnesses, or to perform any other act necessary to the further progress of the suit, for which time has 
been allowed 2[the Court may, notwithstanding such default, 

(a) if the parties are present, proceed to decide the suit forthwith; or 

(b) if the parties are, or any of them is, absent, proceed under rule 2]. 

______ 

ORDER XVIII 

Hearing of the suit and examination of witnesses 

1. Right to begin.—The plaintiff has the right to begin unless the defendant admits the facts alleged 
by  the  plaintiff  and  contents  that  either  in  point  of  law  or  on  some  additional  facts  alleged  by  the 
defendant the plaintiff is not entitled to any part of the relief which he seeks, in which case the defendant 
has the right to begin. 

2. Statement and production of evidence.—(1) On the day fixed for the hearing of the suit or on 
any other day to which the hearing is adjourned, the party having the right to begin shall state his case and 
produce his evidence in support of the issues which he is bound to prove. 

(2) The other party shall then state his case and produce his evidence (if any) and may then address 

the Court generally on the whole case. 

(3) The party beginning may then reply generally on the whole case. 
3[(3A) Any party may address oral arguments in a case, and shall, before he concludes the oral argu-
ments, if any, submit if the Court so permits concisely and under distinct headings written arguments in 
support of his case to the Court and such written arguments shall form part of the record. 

 (3B) A copy of such written arguments shall be simultaneously furnished to the opposite party. 

1. The Explanation ins. by Act 104 of 1976, s. 68 (w.e.f. 1-2-1977). 
2. Subs. by s. 68, ibid., for certain words (w.e.f. 1-2-1977). 
3. Ins. by Act 22 of 2002, s. 12 (w.e.f. 1-7-2002). 

139 

 
                                                      
 (3C)  No  adjournment  shall  be  granted  for  the  purpose  of  filing  the  written  arguments  unless  the 

Court, for reasons to be recorded in writing, considers it necessary to grant such adjourment. 

 (3D) The Court shall fix such time-limits for the oral arguments by either of the parties in a case, as it 

thinks fit.] 

*[(3A)  A  party  shall,  within  four  weeks  prior to  commencing  the  oral  arguments,  submit  concisely 
and  under  distinct  headings  written  arguments  in  support  of  his  case  to  the  Court  and  such  written 
arguments shall form part of the record. 

(3B) The written arguments shall clearly indicate the provisions of the laws being cited in support of 
the arguments and the citations of judgments being relied upon by the party and include copies of such 
judgments being relied upon by the party.  

(3C) A copy of such written arguments shall be furnished simultaneously to the opposite party. 
(3D)  The  Court  may,  if  it  deems  fit,  after  the  conclusion  of  arguments,  permit  the  parties  to  file 
revised  written  arguments  within  a  period  of  not  more  than  one  week  after  the  date  of  conclusion  of 
arguments. 

(3E)  No  adjournment  shall  be  granted  for  the  purpose  of  filing  the  written  arguments  unless  the 

Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.  

(3F) It shall be open for the Court to limit the time for oral submissions having regard  to the nature 

and complexity of the matter.] 

1[*   

* 

* 

       * 

              *] 

Jammu and Kashmir and Ladakh (UTs).— 

STATE AMENDMENT 

In Rule 2, after sub-rule (3), insert the following sub-rules, namely:- 
(3A) A party shall, within four weeks prior to commencing the oral arguments, submit concisely and 
under distinct headings written arguments in support of his case to the court and such written arguments 
shall form part of the record. 

(3B) The written arguments shall clearly indicate the provisions of the laws being cited in support of 
the arguments and the citations of judgments being relied upon by the party and include copies of such 
judgments being relied upon by the party. 

(3C) A copy of such written arguments shall be furnished simultaneously to the opposite party. 
(3D) The court may, if it deems fit, after the conclusion of arguments, permit the parties to file revised 

written arguments within a period of not more than one week after the date of conclusion of arguments.  

(3E) No adjournment shall be granted for the purpose of filing the written arguments unless the court, 

for reasons to be recorded in writing, considers it necessary to grant such adjournment. 

(3F) It shall be open for the court to limit the time for oral submissions having regard to the nature and 

complexity of the matter. 

[Vide  the  Jammu  and  Kashmir  Reorganisation  (Adaptation  of  Central  Laws)  Order,  2020,  vide 
notification  No.  S.O.  1123(E)  dated  (18-3-2020)  and  vide  Union  Territory  of  Ladakh  Reorganisation 
(Adaptation of Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]. 

3. Evidence where several issues.—Where there are several issues, the burden of proving some of 
which lies on the other party, the party beginning may, at his option, either produce his evidence on those 
issues or reserve it by way of answer to the evidence produced by the other party; and, in the latter case, 
the  party  beginning  may  produce  evidence  on  those  issues  after  the  other  party  has  produced  all  his 
evidence,  and  the  other  party  may  then  reply  specially  on  the  evidence  so  produced  by  the  party 
beginning; but the party beginning will then be entitled to reply generally on the whole case. 

1. Sub-rule (4) omitted by Act 46 of 1999, s. 27 (w.e.f. 1-7-2002). 

140 

 
 
 
 
 
 
 
 
 
 
                                                      
1[3A.  Party  to  appear  before  other  witnesses.—Where  a  party  himself  wishes  to  appear  as  a 
witness, he shall so appear before any other witness on his behalf has been examined, unless the Court, 
for reasons to be recorded, permits him to appear as his own witness at a later stage.] 

2[4.  Recording  of  evidence.—(1)  In  every  case,  the  examination-in-chief  of  a  witness  shall  be  on 
affidavit  and  copies  thereof  shall  be  supplied  to  the  opposite  party  by  the  party  who  calls  him  for 
evidence: 

Provided that where documents are filed and the parties rely upon the documents, the proof and admis-

sibility of such documents which are filed along with affidavit shall be subject to the orders of the Court. 

*[(1A) The affidavits  of  evidence  of all  witnesses  whose evidence is proposed  to  be  led  by  a  party 

shall be filed simultaneously by that party at the time directed in the first Case Management Hearing. 

 (1B) A party shall not lead additional evidence by the affidavit of any witness (including of a witness 
who has already filed an affidavit) unless sufficient cause is made out in an application for that purpose 
and an order, giving reasons, permitting such additional affidavit is passed by the Court. 

 (1C) A party shall however have the right to withdraw any of the affidavits so filed at any time prior 
to commencement of cross-examination of that witness, without any adverse inference being drawn based 
on such withdrawal:  

Provided  that  any  other  party  shall  be  entitled  to  tender  as  evidence  and  rely  upon  any  admission 

made in such withdrawn affidavit.] 

 (2)  The  evidence  (cross-examination  and  re-examination)  of  the  witness  in  attendance,  whose 
evidence (examination-in-chief) by affidavit has been furnished to the Court, shall be taken either by the 
Court or by the Commissioner appointed by it: 

Provided that the Court may, while appointing a commission under this sub-rule, consider taking into 

account such relevant factors as it thinks fit. 

(3)  The  Court  or  the  Commissioner,  as  the  case  may  be,  shall  record  evidence  either  in  writing  or 
mechanically  in  the  presence  of  the  Judge  or  of  the  Commissioner,  as  the  case  may  be,  and  where  such 
evidence is recorded by the Commissioner he shall return such evidence together with his report in writing 
signed by him to the Court appointing him and the evidence taken under it shall form part of the record of the 
suit. 

(4) The Commissioner may record such remarks as it thinks material respecting the demeanour of any 

witness while under examination: 

Provided that any objection raised during the recording of evidence before the Commissioner shall be 

recorded by him and decided by the Court at the stage of arguments. 

(5) The report of the Commissioner shall be submitted to the Court appointing the commission within 
sixty days from the date of issue of the commission unless the Court for reasons to be recorded in writing 
extends the time. 

(6) The High Court or the District Judge, as the case may be, shall prepare a panel of Commissioners 

to record the evidence under this rule. 

1. Ins. by Act 104 of 1976, s. 69 (w.e.f. 1.2-1977). 
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). 
2. Subs. by Act 22 of 2002, s. 12, for rule 4 (w.e.f. 1-7-2002). 
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). 

141 

 
                                                      
 
 
(7)  The  Court  may  by  general  or  special  order  fix  the  amount  to  be  paid  as  remuneration  for  the 

services of the Commissioner. 

(8) The provisions of rules 16, 16A, 17 and 18 of Order XXVI, in so far as they are applicable, shall 

apply to the issue, execution and return of such commission under this rule.] 

STATE AMENDMENT 

Jammu and Kashmir and Ladakh (UTs).— 

In Rule 4, after sub-rule (1), insert the following sub-rules, namely:- 

(1A) The affidavits of evidence of all witnesses whose evidence is proposed to be led by a party shall be filed 

simultaneously by that party at the time directed in the first Case Management Hearing. 

(1B) A party shall not lead additional evidence by the affidavit of any witness (including of a witness who has 
already filed an affidavit) unless sufficient cause is made out in an application for that purpose and an order, giving 
reasons, permitting such additional affidavit is passed by the court.  

(1C)  A  party  shall  however  have  the  right  to  withdraw  any  of  the  affidavits  so  filed  at  any  time  prior  to 
commencement  of  cross-examination  of  that  witness,  without  any  adverse  inference  being  drawn  based  on  such 
withdrawal: 

Provided that any other party shall be entitled to tender as evidence and rely upon any admission made in such 

withdrawn affidavit. 

[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]. 

1[ 25. How evidence shall be taken in appealable cases.—In case in which an appeal is allowed, the 

evidence of each witness shall be,—  

(a) taken down in the language of the Court,— 

(i) in writing by, or in the presence and under the personal direction and superintendence of, 

the Judge, or 

(ii) from the dictation of the Judge directly on a typewriter; or 

(b) if the Judge, for reasons to be recorded, so directs, recorded mechanically in the language  of 

the Court in the presence of the Judge.] 

36. When deposition to be interpreted.—Where the evidence is taken down in a language different 
from that in which it is given, and the witness does not understand the language in which it is taken down, 
the evidence as taken down in writing shall be interpreted to him in the language in which it is given. 

 37.  Evidence  under  section  138.—Evidence  taken  down  under  section  138  shall  be  in  the  form 
prescribed by rule 5 and shall be read over and signed and, as occasion may require, interpreted and corrected 
as if it were evidence taken down under that rule. 

38. Memorandum when evidence not taken down by Judge.—Where the evidence is not taken down 
in writing by the Judge, 4[or from his dictation in the open Court, or recorded mechanically in his presence,] 
he shall be bound, as the examination of each witness proceeds, to make a memorandum of the substance of 
what each witness deposes, and such memorandum shall be written and signed by the Judge and shall form 
part of the record. 

1. Subs. by Act 104 of 1976, s. 69, for rule 5 (w.e.f. 1-2-1977). 
2. The provisions of rule so far as they relate to the manner of taking evidence, are not applicable to the Chief Court of Oudh, see 

the Oudh Courts Act, 1925 (U. P. Act 4 of 1925), s. 16 (2). 

3. The provisions of rules 6, 7, 8, 9,  so far as they relate to the manner of taking evidence, are not applicable to the Chief Court 

of Oudh, see, s. 16 (2), ibid. 

4. Ins. by Act 104 of 1976, s. 69 (w.e.f. 1-2-1977). 

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1[39. When evidence may be taken in English.—(1) Where English is not the language of the Court, 
but all the parties to the suit who appear in person, and the pleaders of such of the parties as appear by 
pleaders, do not object to having such evidence as is given in English, being taken down in English, the 
judge may so take it down or cause it to be taken down. 

(2) Where evidence is not given in English but all the parties who appear in person, and the pleaders of 
such of the parties as appear by pleaders, do not object to having such evidence being taken down in English, 
the Judge may take down, or cause to be taken down, such evidence in English.] 

10. Any particular question and answer may be taken down.—The Court may, of its own motion or on 
the application of any party or his pleader, take down any particular question and answer, or any objection to 
any question, if there appears to be any special reason for so doing. 

211. Questions objected to and allowed by Court. —Where any question put to a witness is objected to by a 
party or his pleader, and the Court allows the same to be put, the Judge shall take down the question, the answer, the 
objection and the name of the person making it, together with the decision of the Court thereon. 

12.  Remarks  on  demeanour  of  witnesses.—The  Court  may  record  such  remarks  as  it  thinks  material 

respecting the demeanour of any witness while under examination. 

3[  113.  Memorandum  of  evidence  in  unappealable  cases.—In  cases  in  which  an  appeal  is  not  allowed  it 
shall not be necessary to take down or dictate or record the evidence of the witnesses at length; but the Judge, as 
the examination of each witness proceeds shall make in writing, or dictate directly on the typewriter, or cause to be 
mechanically recorded, a memorandum of the substance of what the witness deposes, and such memorandum shall 
be signed by the Judge or otherwise authenticated, and shall form part of the record.] 

114. [Judge unable to make such memorandum to record reasons of his inability] omitted by the Code of 

Civil Procedure (Amendment) Act, 1976 (104 of 1976), s. 69 (w.e.f. 1-2-1977).] 

 115. Power to deal with evidence taken before another Judge.—(1) Where a Judge is prevented by death, 
transfer  or  other  cause  from  concluding  the  trial  of  a  suit,  his  successor  may  deal  with  any  evidence  or 
memorandum taken down or made under the foregoing rules as if such evidence or memorandum had been taken 
down or made by him or under his direction under the said rules and may proceed with the suit from the stage at 
which his predecessor left it. 

(2) The provisions of sub-rule (1) shall, so far as they are applicable, be deemed to apply to evidence taken 

in a suit transferred under section 24. 

116. Power to examine witness immediately—(1) Where a witness is about to leave the jurisdiction of 
the Court, or other sufficient cause is shown to the satisfaction of the Court why his evidence should be taken 
immediately,  the  Court  may,  upon  the  application  of  any  party  or  of  the  witness,  at  any  time  after  the 
institution of the suit, take the evidence of such witness in manner hereinbefore provided. 

(2) Where such evidence is not taken forthwith and in the presence of the parties, such notice as the Court 

thinks sufficient, of the day fixed for the examination, shall be given to the parties. 

(3)  The  evidence  so  taken  shall  be  read  over  to  the  witness,  and,  if  he  admits  it  to  be  correct,  shall  be 
signed by him, and the Judge shall, if necessary, correct the same, and shall sign it, and it may then be read at 
any hearing of the suit. 

17.  Court  may  recall  and  examine  witness.—The  Court  may  at  any  stage  of  a  suit  recall  any  witness 
who has been examined and may (subject to the law of evidence for the time being in force) put such questions 
to him as the Court thinks fit. 

17A. [Production of evidence not previously known or which could not be produced despite due diligence.] 

omitted by the Code of Civil Procedure (Amendment) Act, 1999 (46 of 1999), s. 27 (w.e.f. 1-7-2002). 

18.  Power  of  Court  to  inspect.—The  Court  may  at  any  stage  of  a  suit  inspect  any  property  or  thing 
concerning which any question may arise 4[and where the Court inspects any property or thing it shall, as soon 

1. Subs. by s. 69, ibid., for rule 9 (w.e.f. 1-2-1977). 
2. The provisions of rules 11, 13, 14, 15,  so far as they relate to the manner of taking evidence, are not applicable to the Chief 

Court of Oudh, see the Oudh Courts Act, 1925 (U. P. Act 4 of 1925), s. 16 (2). 

3. Subs. by Act 104 of 1976,  s. 69, for the rule, (w.e.f. 1-2-1977). 
4. Ins. by s. 69, ibid. (w.e.f. 1-2-1977). 

143 

 
 
                                                      
as  may  be  practicable,  make  a  memorandum  of  any  relevant  facts  observed  at  such  inspection  and  such 
memorandum shall form a part of the record of the suit]. 

1[19.  Power  to  get  statements  recorded  on  commission.—Notwithstanding  anything  contained  in 
these  rules,  the  court  may,  instead  of  examining  witnesses  in  open  court,  direct  their  statements  to  be 
recorded on commission under rule 4A of Order XXVI.] 

ORDER XIX  
Affidavits 

1. Power to order any point to be proved by affidavit.—Any Court may at any time for sufficient 
reason  order  that  any  particular  fact  or  facts  may  be  proved  by  affidavit,  or  that  the  affidavit  of  any 
witness may be read at the hearing, on such conditions as the Court thinks reasonable: 

Provided  that  where  it  appears  to  the  Court  that  either  party  bona  fide  desires  the  production  of  a 
witness  for  cross-examination,  and  that  such  witness  can  be  produced,  an  order  shall  not  be  made 
authorising the evidence of such witness to be given by affidavit. 

2.  Power  to  order  attendance  of  deponent  for  cross-examination.—(1)  Upon  any  application 
evidence  may  be  given  by  affidavit,  but  the  Court  may,  at  the  instance  of  either  party,  order  the 
attendance for cross-examination of the deponent. 

(2) Such attendance shall be in Court, unless the deponent is exempted from personal appearance in 

Court or the Court otherwise directs. 

3. Matters to which affidavits shall be confined.—(1) Affidavits shall be confined to such facts as 
the  deponent  is  able  of  his  own  knowledge  to  prove,  except  on  interlocutory  applications,  on  which 
statements of his belief may be admitted: provided that the grounds thereof are stated. 

(2) The costs of every affidavit which shall unnecessarily set forth matters of hearsay or argumentative 
matter, or copies of or extracts from documents, shall (unless the Court otherwise directs) be paid by the 
party filing the same.  

Jammu and Kashmir and Ladakh (UTs).— 

In Order XIX of the Code, after Rule 3, insert the following new rules, namely- 

STATE AMENDMENT 

 4. Court may control evidence.—(1) The court may, by directions regulate the evidence as to issues 

on which it requires evidence and the manner in which such evidence may be placed before the court. 

(2) The court may, in its discretion and for reasons to be recorded in writing, exclude evidence that 

would otherwise be produced by the parties. 

5.  Redacting  or  rejecting  evidence.—A  court  may,  in  its  discretion,  for  reasons  to  be  recorded  in 

writing— 

(i) redact or order the redaction of such portions of the affidavit of examination-in-chief as do not, 

in its view, constitute evidence; or 

     (ii) return or reject an affidavit of examination-in-chief as not constituting admissible evidence. 

6.  Format  and  guidelines  of  affidavit  of  evidence.—An  affidavit  must  comply  with  the  form  and 

requirements set forth below:— 

(a) such affidavit should be confined to, and should follow the chronological sequence of, the dates 

and events that are relevant for proving any fact or any other matter dealt with; 

     (b)  where  the  court  is  of  the  view  that  an  affidavit  is  a  mere  reproduction  of  the  pleadings,  or 
contains the legal grounds of any party's case, the court may, by order, strike out the affidavit or such 
parts of the affidavit, as it deems fit and proper; 

1. Ins. by Act 46 of 1999, s. 27 (w.e.f. 1-7-2002). 

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(c) each paragraph of an affidavit should, as far as possible, be confined to a distinct portion of the 

subject; 

(d) an affidavit shall state— 

(i)  which of  the  statements  in  it are  made  from  the  deponent's  own  knowledge and  which  are 

matters of information or belief; and 

(ii) the source for any matters of information or belief. 

(e) an affidavit should— 

(i)  have  the  pages  numbered  consecutively  as  a  separate  document  (or  as  one  of  several 

documents contained in a file); 

(ii) be divided into numbered paragraphs; 

(iii) have all numbers, including dates, expressed in figures; and 

(iv) if any of the documents referred to in the body of the affidavit are annexed to the affidavit 
or  any  other  pleadings,  give  the  annexures  and  page  numbers  of  such  documents  that  are  relied 
upon. 

[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]. 

*[4. Court may control evidence. —(1) The Court may, by directions, regulate the evidence as to 
issues on  which it  requires  evidence  and the  manner in  which such  evidence  may  be  placed  before the 
Court.  

(2) The Court may, in its discretion and for reasons to be recorded in writing, exclude evidence that 

would otherwise be produced by the parties. 

5. Redacting or rejecting evidence. — A Court may, in its discretion, for reasons to be recorded in 

writing–– 

(i) redact or order the redaction of such portions of the affidavit of examination-in-chief as do not, 

in its view, constitute evidence; or  

(ii) return or reject an affidavit of examination-in-chief as not constituting admissible evidence.  

6. Format and guidelines of affidavit of evidence.—An affidavit must comply with the form and 

requirements set forth below:—  

(a)  such  affidavit  should  be  confined  to,  and  should  follow  the  chronological  sequence  of,  the 

dates and events that are relevant for proving any fact or any other matter dealt with; 

(b)  where the  Court  is of the  view  that  an affidavit is  a  mere  reproduction  of  the  pleadings,  or 
contains the legal grounds of any party’s case, the Court may, by order, strike out the affidavit or such 
parts of the affidavit, as it deems fit and proper; 

(c) each paragraph of an affidavit should, as far as possible, be confined to a distinct portion of 

the subject;  

(d) an affidavit shall state—  

(i) which of the statements in it are made from the deponent’s own knowledge and which are 

matters of information or belief; and  

(ii) the source for any matters of information or belief; 

(e) an affidavit should—  

_____________________ 

    *. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). 

145 

 
 
 
(i)  have  the  pages  numbered  consecutively  as  a  separate  document  (or  as  one  of  several 

documents contained in a file);  

(ii) be divided into numbered paragraphs; 

(iii) have all numbers, including dates, expressed in figures; and  

(iv)  if  any  of  the  documents  referred  to  in  the  body  of  the  affidavit  are  annexed  to  the 
affidavit or any other pleadings, give the annexures and page numbers of such documents that are 
relied upon.] 

Amendment  of  Order  XIX.—In  the  Schedule,  in  Order  XIX,  in  rule  1,  for  the  existing  proviso,  the 
following proviso shall be substituted, namely:-- 

 “Provided that if it appears to the Court, whether at the instance of either party, or otherwise and 
whether  before  or  after  the  filing  of  such  affidavit,  that  the  production  of  such  witness  for  cross-
examination is necessary and his attendance can be produced, the Court shall  order the attendance of 
such witness, whereupon the witness may be examined, cross-examined and re-examined.” 

[Vide Uttar Pradesh Act 57 of 1976, s. 9] 

______ 

ORDER XX 

Judgment and decree 

1[ 21. Judgment when pronounced.—3[(1) The Court, after the case has been heard, shall pronounce 
judgment  in  an  open  Court,  either  at  once,  or  as  soon  thereafter  as  may  be  practicable  and  when  the 
judgment is to be pronounced on some future day, the Court shall fix a day for that purpose, of which due 
notice shall be given to the parties or their pleaders: 

Provided that where the judgment is not pronounced at once, every endeavour shall be made by the 
Court to pronounce the judgment within thirty days from the date on which the hearing of the case was 
concluded  but,  where  it  is  not  practicable  so  to  do  on  the  ground  of  the  exceptional  and  extraordinary 
circumstances of the case, the Court shall fix a future day for the pronouncement of the judgment, and 
such day shall not ordinarily be a day beyond sixty days from the date on which the hearing of the case 
was concluded, and due notice of the day so fixed shall be given to the parties or their pleaders.] 

*[(1) The Commercial Court, Commercial Division, or Commercial Appellate Division, as the case 
may be, shall, within ninety days of the conclusion of arguments, pronounce judgment and copies thereof 
shall be issued to all the parties to the dispute through electronic mail or otherwise.] 

4[(2) Where a written judgment is to be pronounced, it shall be sufficient if the findings of the Court 
on each issue and the final order passed in the case are read out and it shall not be necessary for the Court 
to read out the whole judgment 5***. 

(3) The judgment may be pronounced by dictation in open Court to a shorthand writer if the Judge is 

specially empowered by the High Court in this behalf: 

Provided  that,  where  the  judgment  is  pronounced  by  dictation  in  open  Court,  the  transcript  of  the 
judgment so pronounced shall, after making such correction therein as may be necessary, be signed by the 
judge, bear the date on which it was pronounced, and form a part of the record.] 

2. Power to pronounce judgment written by judge’s predecessor.—6[A Judge shall] pronounce a 

judgment written, but not pronounced, by his predecessor. 

1. Subs. by Act 66 of 1956, s. 14, for rule I (w.e.f. 1-1-1957). 
2. The provisions of rules 1, 3, 4 and 5 are not applicable to the Chief Court of Oudh , see the Oudh Courts Act, 1925 

(U. P. Act 4 of 1925), s. 16 (2). 

3. Subs. by Act 22 of 2002, s. 13, for sub-rule (1) (w.e.f. 1-7-2002), Earlier rule 1 renumbered as sub-rule (1) of that rule 

by Act 104 of 1976, s. 70 (w.e.f. 1-2-1977). 

4. Ins. by Act 104 of 1976, s. 70 (w.e.f. 1 -2-1977). 
5. Certain words omitted by Act 46 of 1999, s. 28 (w.e.f. 1-2-1977). 
6. Subs. by Act 104 of 1976, s. 70 for “A Judge may” (w.e.f. 1-2-1977). 
*. Shall be applicable to commercial disputes of a specified value by Act 4 of 2016, s. 16 and the Sch. (w.e.f. 23-10-2015). 

146 

 
 
 
                                                      
 
23. Judgment to be signed.—The judgment shall be dated and signed by the Judge in open Court at 
the  time  of  pronouncing  it  and,  when  once  signed,  shall  not  afterwards  be  altered  or  added,  to  save  as 
provided by section 152 or on review. 

24. Judgments of Small Cause Courts.—(1) Judgments of a Court of Small Causes need not contain 

more than the points for determination and the decision thereon. 

(2) Judgments of other Courts.—Judgments of other Courts shall contain a concise statement of the 

case, the points for determination, the decision thereon, and the reasons for such decision. 

25. Court to state its decision on each issue.—In suits in which issues have been framed, the Court 
shall state its finding or decision, with the reasons therefor, upon each separate issue, unless the finding 
upon any one or more of the issue is sufficient for the decision of the suit. 

4[5A.  Court  to  inform  parties  as  to  where  an  appeal  lies  in  cases  where  parties  are  not 
represented  by  pleaders.—Except  where  both  the  parties  are  represented  by  pleaders,  the  Court  shall, 
when it pronounces its judgment in a case subject to appeal, inform the parties present in Court as to the 
Court to which an appeal lies and the period of limitation for the filing of such appeal and place on record 
the information so given to the parties.] 

6. Contents of decree.—(1) The decree shall agree with the judgment it shall contain the number of 
the  suit,  the  1[names  and  descriptions  of  the  parties,  their  registered  addresses,]  and  particulars  of  the 
claim, and shall specify clearly the relief granted or other determination of the suit. 

(2) The decree shall also state the amount of costs incurred in the suit, and by whom or out of what 

property and in what proportions such costs are to be paid. 

(3) The Court may direct that the costs payable to one party by the other shall be set off against any 

sum which is admitted or found to be due from the former to the latter. 

2[6A. Preparation of decree.—(1) Every endeavour shall be made to ensure that the decree is drawn 
up as expeditiously as possible and, in any case, within fifteen days from the date on which the judgment 
is pronounced. 

(2) An appeal may be preferred against the decree without filing a copy of the decree and in such a 
case the copy made available to the party by the court shall for the purposes of rule 1 of Order XLI be 
treated as the decree. But as soon as the decree is drawn, the judgment shall cease to have the effect of a 
decree for the purposes of execution or for any other purpose. 

6B. Copies of judgments when to be made available.—Where the judgment is pronounced, copies of 
the judgment shall be made available to the parties immediately after the pronouncement of the judgment 
for  preferring  an  appeal  on  payment  of  such  charges  as  may  be  specified  in  the  rule  made  by  the  High 
Court.] 

7. Date of decree.—The decree shall bear the day on which the judgment was pronounced, and, when 
the judge  has  satisfied  himself  that the  decree  has  been  drawn  up  in  accordance  with  the judgment,  he 
shall sign the decree. 

8. Procedure where Judge has vacated office before signing decree.—Where a Judge has vacated 
office after pronouncing judgment but without signing the decree, a decree drawn up in accordance with 
such judgment may be signed by his successor or, if the Court has ceased to exist, by the Judge of any 
Court to which such Court was subordinate. 

9. Decree for recovery of immovable property.—Where the subject-matter of the suit is immovable 
property, the decree shall contain a description of such property sufficient to identify the same, and where 
such  property  can  be  identified  by  boundaries  or  by  numbers  in  a  record  of  settlement  or  survey,  the 
decree shall specify such boundaries or numbers. 

10.  Decree  for  delivery  of  movable  property.—Where  the  suit  is  for  movable  property,  and  the 
decree is for the delivery of such property, the decree shall also state the amount of money to be paid as 
an alternative if delivery cannot be had. 

11.  Decree  may  direct  payment  by  instalments.—(1)  Where  and  in  so  far  as  a  decree  is  for  the 
payment of money, the Court may for any sufficient reason 3[incorporate in the decree, after hearing such 

1. Subs. by Act 104 of 1976, s. 70, for “names and descriptions of the parties” (w.e.f. 1-2-1977). 
2. Subs. by Act 46 of 1999, s. 28, for rules 6A and 6B (w.e.f. 1-7-2002). 
3. Subs. by Act 104 of 1976, s. 70, for certain words (w.e.f. 1-2-1977). 

147 

 
                                                      
of the parties who had appeared personally or by pleader at the last hearing, before judgment, an order 
that] payment of the amount decreed shall be postponed or shall be made by instalments, with or without 
interest, notwithstanding anything contained in the contract under which the money is payable. 

(2) Order, after decree, for payment by instalments.—After the passing of any such decree the Court 
may, on the application of the judgment-debtor and with the consent of the decree-holder, order that payment 
of the amount decreed shall be postponed or shall be made by instalments on such terms as to the payment of 
interest,  the  attachment  of  the  property  of  the  judgment-debtor,  or  the  taking  of  security  from  him,  or 
otherwise, as it thinks fit. 

12. Decree for possession and mesne profits.—(1) Where a suit is for the recovery of possession of 

immovable property and for rent or mesne profits, the Court may pass a decree— 

(a) for the possession of the property; 
1[(b) for the rents which have accrued on the property during the period prior to the institution of 

the suit or directing an inquiry as to such rent. 

(ba) for the mesne profits or directing an inquiry as to such mesne profits;] 
(c) directing an inquiry as to rent or mesne profits from the institution of the suit until— 

(i) the delivery of possession to the decree-holder, 
(ii) the relinquishment of possession by the judgment-debtor with notice to the decree-holder 

through the Court, or 

(iii) the expiration of three years from the date of the decree,  

whichever, event first occurs. 
(2) Where an inquiry is directed under clause (b) or clause (c), a final decree in respect of the rent or 

mesne profits shall be passed in accordance with the result of such inquiry. 

2[12A. Decree for specific performance of contract for the sale or lease of immovable property.—
Where a decree for the specific performance of a contract for the sale or lease of immovable property orders 
that the purchase-money or other sum be paid by the purchaser or lessee, it shall specify the period within 
which the payment shall be made.] 

13. Decree in administration suit.—(1) Where a suit is for an account of any property and for its due 
administration  under  the  decree  of  the  Court,  the  Court  shall,  before  passing  the  final  decree,  pass  a 
preliminary  decree  ordering  such  accounts  and  inquiries  to  be  taken  and  made,  and  giving  such  other 
directions as it thinks fit. 

(2) In the administration by the Court of the property of any deceased person, if such property proves 
to be insufficient for the payment in full of his debts and liabilities, the same rules shall be observed as to 
the respective rights of secured and unsecured creditors and as to debts and liabilities provable, and as to 
the valuation of annuities and future and contingent liabilities respectively, as may be in force for the time 
being, within the local limits of the Court in which the administration-suit is pending with respect to the 
estates of persons adjudged or declared insolvent; and all persons who in any such case would be entitled 
to be paid out of such property, may come in under the preliminary decree, and make such claims against 
the same as they may respectively be entitled to by virtue of this Code. 

14. Decree in pre-emption suit.—(1) Where the Court decrees a claim to pre-emption in respect of a 

particular sale of property and the purchase-money has not been paid into Court, the decree shall—  

(a) specify a day on or before which the purchase-money shall be so paid, and 
(b)  direct  that  on  payment  into  Court  of  such  purchase-money,  together  with  the  costs  (if  any) 
decrees against the plaintiff, on or before the day referred to in clause (a), the defendant shall deliver 
possession of the property to the plaintiff, whose title thereto shall be deemed to have accrued from 
the date of such payment, but that, if the purchase-money and the costs (if any) are not so paid, the 
suit shall be dismissed with costs. 
(2) Where the Court has adjudicated upon rival claims to pre-emption, the decree shall direct,— 

(a) if and in so far as the claims decreed are equal in decree, that the claim of each pre-emptor 
complying with the provisions of sub-rule (1) shall take effect in respect of a proportionate share of 

1. Subs. by s. 70, ibid., for cl. (b) (w.e.f. 1-2-1977). 
2. Ins. by Act 104 of 1976, s. 70 (w.e.f. 1-2-1977). 

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the property including any proportionate share in respect of which the claim of any pre-emptor failing 
to comply with the said provisions would, but for such default, have taken effect; and 

(b) if and in so far as the claims decreed are different in degree, that the claim of the inferior pre-
emptor  shall  not  take  effect  unless  and  until  the  superior  pre-emptor  has  failed  to  comply  with  the 
said provisions. 
15. Decree in suit for dissolution of partnership.—Where a suit is for the dissolution of a partnership, 
or  the  taking  of  partnership  accounts,  the  Court,  before  passing  a  final  decree,  may  pass  a  preliminary 
decree declaring the proportionate shares of the parties, fixing the day on which the partnership shall stand 
dissolved or be deemed to have been dissolved, and directing such accounts to be taken, and other acts to 
be done, as it thinks fit. 

16.  Decree  in  suit  for  account  between  principal  and  agent.—In  a  suit  for  an  account  of  pecuniary 
transactions between a principal and an agent, and in any other suit not hereinbefore provided for, where it is 
necessary, in order to ascertain the amount of money due to or from any party, that an account should be taken, 
the  Court shall,  before  passing  its  final  decree,  pass a  preliminary  decree  directing  such  accounts  to  be 
taken as it thinks fit. 

17. Special directions as to accounts.—The Court may either by the decree directing an account to be 
taken or by any subsequent order give special direction with regard to the mode in which the account is to 
be taken or vouched and in particular may direct that in taking the account the books of account in which the 
accounts in question have been kept shall be taken as prima facie evidence of the truth of the matters therein 
contained with liberty to the parties interested to take such objection thereto as they may be advised. 

18. Decree in suit for partition of property or separate possession of a share therein.—Where the 

Court passes a decree for the partition of property or for the separate possession of a share therein, then,— 

(1) if and in  so far as the decree  relates  to an  estate assessed to the  payment  of  revenue  to  the 
Government, the decree shall declare the rights of the several parties interested in the property, but 
shall direct such partition or separation to be made by the Collector, or any gazetted subordinate of 
the  Collector  deputed  by  him  in  this  behalf,  in  accordance  with  such  declaration  and  with  the 
provisions of section 54; 

(2) if and in so far as such decree relates to any other immovable property or to movable property, 
the  Court  may,  if  the  partition  or  separation  cannot  be  conveniently  made  without  further  inquiry, 
pass  a  preliminary  decree  declaring  the  rights  of  the  several  parties  interested  in  the  property  and 
giving such further directions as may be required. 
19. Decree when set-off or counter-claim is allowed.—(1) Where the defendant has been allowed a 
set-off 1[or counter-claim] against the claim of the plaintiff, the decree shall state what amount is due to 
the  plaintiff  and  what  amount  is  due to  the  defendant,  and  shall be  for  the  recovery  of  any  sum  which 
appears to be due to either party. 

(2) Appeal from decree relating to set-off or counter-claim.—Any decree passed in a suit in which 
a  set-off  1[or  counter-claim]  is  claimed  shall  be  subject  to  the  same  provisions  in  respect  of  appeal  to 
which it would have been subject if no set-off 1[or counter-claim] had been claimed. 

(3) The provisions of this rule shall apply whether the set-off is admissible under rule 6 of Order VIII 

or otherwise. 

20.  Certified  copies  of judgment  and  decree  to  be furnished.—Certified  copies of  the judgment 

and decree shall be furnished to the parties on application to the Court, and at their expense. 

______ 
2[ORDER XXA 
Costs 

1. Provisions relating to certain items.—Without prejudice to the generality of the provisions of this 

Code relating to costs, the Court may award costs in respect of,— 

1. Ins. by Act 104 of 1976, s. 70 (w.e.f. 1-2-1977). 
2. Ins. by s. 71, ibid. (w.e.f. 1-2-1977). 

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(a)  expenditure  incurred  for  the  giving  of  any  notice  required  to  be  given  by  law  before  the 

institution of the suit; 

(b) expenditure incurred on any notice which, though not required to be given by law, has been 

given by any party to the suit to any other party before the institution of the suit; 

(c) expenditure incurred on the typing, writing or printing of pleadings filed by any party; 
(d) charges paid by a party for inspection of the records of the Court for the purposes of the suit; 
(e) expenditure incurred by a party for producing witnesses, even though not summoned through 

Court; and 

(f) in the case of appeals, charges incurred by a party for obtaining any copies of judgments and 

decrees which are required to be filed along with the memorandum of appeal. 
2. Costs to be awarded in accordance with the rules made by High Court.—The award of Costs 

under this rule shall be in accordance with such rules as the High Court may make in that behalf.] 

______ 

ORDER XXI 

Execution of Decrees and Orders  
Payment under Decree 

1[1. Modes of paying money under decree.—(1) All money, payable under a decree shall be paid as 

follows, namely:— 

(a) by deposit into the court whose duty it is to execute the decree, or sent to that Court by postal 

money order or through a bank; or 

(b) out of Court, to the decree-holder by postal money order or through a bank or by any other 

mode wherein payment is evidenced in writing; or 

(c) otherwise, as the Court which made the decree, directs. 

(2) Where any payments is made under clause (a) or clause (c) of sub-rule (1), the judgment-debtor 
shall  give  notice  thereof  to  the  decree-holder  either  through  the  Court  or  directly  to  him  by  registered 
post, acknowledgment due. 

(3) Where money is paid by postal money order or through a bank under clause (a) or clause (b) of 
sub-rule  (1),  the  money  order  or  payment  through  bank,  as  the  case  may  be,  shall  accurately  state  the 
following particulars, namely:— 

(a) the number of the original suit; 
(b)  the  names  of  the  parties  or  where  there  are  more  than  two  plaintiffs  or  more  than  two 

defendants, as the case may be, the names of the first two plaintiffs and the first two defendants; 

(c) how the money remitted is to be adjusted, that is to say, whether it is towards the principal, 

interest or costs; 

(d) the number of the execution case of the Court, where such case is pending; and 
(e) the name and address of the payer. 

(4) On any amount paid under clause (a) or clause (c) of sub-rule (1), interest, if any, shall cease to 

run from the date of service of the notice referred to in sub-rule (2). 

(5) On any amount paid under clause (b) of sub-rule (1), interest, if any, shall cease to run from the 

date of such payment: 

Provided that, where the decree-holder refuses to accept the postal money order or payment through a 
bank,  interest  shall  cease  to  run  from  the  date  on  which  the  money  was  tendered  to  him,  or  where  he 
avoids acceptance of the postal money order or payment through bank, interest shall cease to run from the 
date on which the money would have been tendered to him in the ordinary course of business of the postal 
authorities or the bank, as the case may be.] 

2. Payment out of Court to decree-holder.—(1) Where any money payable under a decree of any 
kind  is  paid  out  of  Court,  2[or  decree  of  any  kind  is  otherwise  adjusted]  in  whole  or  in  part  to  the 

1. Subs. by Act 104 of 1976, s. 72, for rule 1 (w.e.f. 1-2-1977). 
2. Subs. by s. 72, ibid., for certain words (w.e.f. 1-2-1977). 

150 

 
                                                      
satisfaction of the decree-holder, the decree-holder shall certify such payment or adjustment to the Court 
whose duty it is to execute the decree, and the Court shall record the same accordingly. 

(2) The judgment-debtor  2[or any person who has become surety for the judgment-debtor] also may 
inform the Court of such payment or adjustment, and apply to the Court to issue a notice to the decree-
holder to show cause, on a day to be fixed by the Court, why such payment or adjustment should not be 
recorded as certified; and if, after service of such notice, the decree-holder fails to show cause why the 
payment or adjustment should not be recorded as certified, the Court shall record the same accordingly. 

1[(2A) No payment or adjustment shall be recorded at the instance of the judgment-debtor unless— 

(a) the payment is made in the manner provided in rule 1; or 

(b) the payment or adjustment is proved by documentary evidence; or 

(c) the payment or adjustment is admitted by, or on behalf of, the decree-holder in his reply to the 

notice given under sub-rule (2) of rule 1, or before the Court.] 

2(3)  A  payment  or  adjustment,  which  has  not  been  certified  or  recorded  as  aforesaid,  shall  not  be 

recognized by any Court executing the decree. 

Courts executing decrees 

3. Lands situate in more than one jurisdiction.—Where immovable property forms one estate or 
tenure  situate  within  the  local limits of the jurisdiction  of two  or  more  Courts, any  one  of such  Courts 
may attach and sell the entire estate or tenure. 

4. Transfer to Court of Small Causes. —Where a decree has been passed in a suit of which the value as 
set  forth  in  the  plaint  did  not  exceed  two  thousand  rupees  and  which,  as  regards  its  subject-matter,  is  not 
excepted by the law for the title being in force from the cognizance of either a Presidency or a Provincial Court 
of Small Causes, and the Court which passed it wishes it to be executed in Calcutta, Madras  3[or Bombay], 
such Court may send to the Court of Small Causes in Calcutta, Madras 2[or Bombay], as the case may be, the 
copies and certificates mentioned in rule 6; and such Court of Small Causes shall thereupon execute the decree 
as if it had been passed by itself. 

4[5. Mode of transfer.—Where a decree is to be sent for execution to another Court, the Court which 
passed such decree shall send the decree directly to such other Court whether or not such other Court is 
situated  in  the  same  State,  but  the  Court  to  which  the  decree  is  sent  for  execution  shall,  if  it  has  no 
jurisdiction to execute the decree, send it to the Court having such jurisdiction.] 

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

Court sending a decree for execution shall send— 

(a) a copy of the decree; 

(b) a certificate setting forth that satisfaction of the decree has not been obtained by execution within 
the jurisdiction of the Court by which it was passed, or, where the decree has been executed in part, the 
extent to which satisfaction has been obtained and what part of the decree remains unsatisfied; and 

(c)  a  copy  of  any  order  for  the  execution  of  the  decree,  or,  if  no  such  order  has  been  made,  a 

certificate to that effect. 

7. Court receiving copies of decree, etc., to file same without proof.—The Court to which a decree 
is so sent shall cause such copies and certificates to be filed, without any further proof of the decree or 
order  for  execution,  or  of  the  copies  thereof,  unless  the  Court,  for  any  special  reasons  to  be  recorded 
under the hand of the Judge, requires such proof. 

1. Ins. by s. 72, ibid. (w.e.f. 1-2-1977). 
2. In the application of the Act to Punjab, sub-rule (3) rep. by the Punjab Relief of Indebtedness Act, 1934 (Pun. Act 7 of 1934), 

s. 36. 

3. Subs. by the A.O. 1937, for “Bombay or Rangoon”. 
4. Subs. by Act 104 of 1976, s. 72, for rule 5 (w.e.f. 1 -2-1977). 

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8. Execution of decree or order by Court to which it is sent.—Where such copies are so filed, the 
decree or order may, if the Court to which it is sent is the District Court, be executed by such Court or be 
transferred for execution to any subordinate Court of competent jurisdiction. 

9. Execution by High Court of decree transferred by other Court.—Where the Court to which the 
decree  is  sent  for  execution  is  a  High  Court,  the  decree  shall  be  executed  by  such  Court  in  the  same 
manner as if it had been passed by such Court in the exercise of its ordinary original civil jurisdiction. 

Application for execution 

10. Application for execution.—Where the holder of a decree desires to execute it, he shall apply to 
the Court which passed the decree or to the officer (if any) appointed in this behalf, or if the decree has 
been sent under the provisions hereinbefore contained to another Court then to such Court or to the proper 
officer thereof. 

11. Oral application.—(1) Where a decree is for the payment of money the Court may, on the oral 
application  of  the  decree-holder  at  the  time  of  the  passing  of  the  decree,  order  immediate  execution 
thereof  by  the  arrest  of  the  judgment-debtor,  prior  to  the  preparation  of  a  warrant  if  he  is  within  the 
precincts of the Court. 

(2)  Written  application.—Save  as  otherwise  provided  by  sub-rule  (1),  every  application  for  the 
execution of a decree shall be in  writing, signed and verified by the applicant or by some other person 
proved to the satisfaction of the Court to be acquainted with the facts of the case, and shall contain in a 
tabular form the following particulars, namely:—  

(a) the number of the suit; 

(b) the names of the parties; 

(c) the date of the decree; 

(d) whether any appeal has been preferred from the decree; 

(e) whether any, and (if any) what, payment or other adjustment of the matter in controversy has 

been made between the parties subsequently to the decree; 

(f) whether any, and (if any) what, previous applications have been made for the execution of the 

decree, the dates of such applications and their results; 

(g) the amount with interest (if any) due upon the decree, or other relief granted thereby, together 
with particulars of any cross-decree, whether passed before or after the date of the decree sought to be 
executed; 

(h) the amount of the costs (if any) awarded; 

(i) the name of the person against whom execution of the decree is sought; and 

(j) the mode in which the assistance of the Court is required whether,— 

(i) by the delivery of any property specifically decreed; 
1[(ii) by the attachment, or by the attachment and sale, or by the sale without attachment, of 

any property;] 

(iii) by the arrest and detention in prison of any person; 

(iv) by the appointment of a receiver; 

(v) otherwise, as the nature of the relief granted may require. 

(3) The Court to which an application is made under sub-rule (2) may require the applicant to produce 

a certified copy of the decree. 

2[11A. Application for arrest to state grounds.—Where an application is made for the arrest and 
detention in prison of the judgment-debtor, it shall state,  or be accompanied by an affidavit stating, the 
grounds on which arrest is applied for.] 

1. Subs. by Act 104 of 1976, s. 72, for sub-clause (ii) (w.e.f. 1-2-1977). 
2. Ins. by s. 72, ibid. (w.e.f. 1-2-1977). 

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12.  Application 

for  attachment  of  movable  property  not 
possession.—Where an application is made for the attachment of any movable property belonging to a 
judgment-debtor but not in his possession, the decree-holder shall annex to the application an inventory of 
the property to be attached, containing a reasonably accurate description of the same. 

in 

judgment-debtor’s           

13.  Application for  attachment  of  immovable  property  to contain certain particulars.—Where 
an application is made for the attachment of any immovable property belonging to a judgment-debtor, it 
shall contain at the foot—  

(a) a description of such property sufficient to identify the same and, in case such property can be 
identified  by  boundaries  or  numbers  in  a  record  of  settlement  or  survey,  a  specification  of  such 
boundaries or numbers; and 

(b) a specification of the judgment-debtor’s share or interest in such property to the best of the 

belief of the applicant, and so far as he has been able to ascertain the same. 

14.  Power  to  require  certified  extract  from  Collector’s  register  in  certain  cases.—Where  an 
application is made for the attachment of any land which is registered in the office of the Collector, the 
Court may require the applicant to produce a certified extract from the register of such office, specifying 
the  persons  registered  as  proprietors  of,  or  as  possessing  any  transferable  interest  in,  the  land  or  its 
revenue, or as liable to pay revenue for the land, and the shares of the registered proprietors. 

15.  Application  for  execution  by  Joint  decree-holders.—(1)  Where  a  decree  has  been  passed 
jointly  in  favour  of  more  persons  than  one,  any  one  or  more  of  such  persons  may,  unless  the  decree 
imposes any condition to the contrary, apply for the execution of the whole decree for the benefit of them 
all, or, where any of them has died, for the benefit of the survivors and the legal representatives of the 
deceased. 

(2) Where  the  Court sees sufficient  cause for  allowing  the  decree to  be  executed  on  an application 
made  under  this  rule,  it  shall  make  such  order  as  it  deems  necessary  for  protecting  the  interest  of  the 
persons who have not joined in the application. 

16.  Application for  execution  by transferee  of  decree.—Where  a  decree or, if  a  decree  has  been 
passed  jointly  in  favour  of  two  or  more  persons,  the  interest  of  any  decree-holder  in  the  decree  is 
transferred by assignment in writing or by operation of law, the transferee may apply for execution of the 
decree to the Court which passed it; and the decree may be executed in the same manner and subject to 
the same conditions as if the application were made by such decree-holder: 

Provided  that,  where  the  decree,  or  such  interest  as  aforesaid,  has  been  transferred  by  assignment, 
notice of such application shall be given to the transferor and the judgment-debtor, and the decree shall 
not be executed until the Court has heard their objections (if any) to its execution: 

Provided also that, where a decree for the payment of money against two or more persons has been 

transferred to one of them, it shall not be executed against the others. 

1[Explanation.—Nothing  in  this  rule  shall  affect  the  provisions  of  section  146,  and  a  transferee  of 
rights  in  the  property,  which  is  the  subject  matter  of  the  suit,  may  apply  for  execution  of  the  decree 
without a separate assignment of the decree as required by this rule.] 

17. Procedure on receiving application for execution of decree.—(1) On receiving an application 
for the execution of a decree as provided by rule 11, sub-rule (2), the Court shall ascertain whether such 
of the requirements of rules 11 to 14 as may be applicable to the case have been complied with; and, if 
they have not been complied with,  2[the Court shall allow] the defect to be remedied then and there or 
within a time to be fixed by it. 

2[1A. If the defect is not so remedied, the Court shall reject the application: 

Provided that where, in the opinion of the Court, there is some inaccuracy as to the amount referred to 
in clauses (g) and (h) of sub-rule (2) of rule 11, the Court shall, instead of rejecting the application, decide 

1. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977). 
2. Subs. by s. 72, ibid., for certain words (w.e.f. 1-2-1977). 

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provisionally (without prejudice to the right of the parties to have the amount finally decided in the course 
of  the  proceedings)  the  amount  and  make  an  order  for  the  execution  of  the  decree  for  the  amount  so 
provisionally decided.] 

(2) Where an application is amended under the provisions of sub-rule (1), it shall be deemed to have 

been an application in accordance with law and presented on the date when it was first presented. 

(3) Every amendment made under this rule shall be signed or initialled by the Judge. 

(4)  When  the  application  is  admitted,  the  Court  shall  enter  in  the  proper  register  a  note  of  the 
application and the date on which it was made, and shall, subject to the provisions hereinafter contained, 
order execution of the decree according to the nature of the application: 

Provided that, in the case of a decree for the payment of money, the value of the property attached 

shall, as nearly as may be, correspond with the amount due under the decree. 

18.  Execution  in  case  of  cross-decrees.—(1)  Where  applications  are  made  to  a  Court  for  the 
execution of cross-decrees in separate suits for the payment of two sums of money passed between the 
same parties and capable of execution at the same time by such Court, then—  

(a) if the two sums are, equal, satisfaction shall be entered upon both decrees; and 

(b) if the two sums are unequal execution may be taken out only by the holder of the  decree for 
the larger sum and for so much only as remains after deducting the smaller sum, and satisfaction for 
the smaller sum shall be entered on the decree for the larger sum as well as satisfaction on the decree 
for the smaller sum. 

(2) This rule shall be deemed to apply where either party is an assignee of one of the decrees and as 
well in respect of judgment-debts due by the original assignor as in respect of judgment-debts due by the 
assignee himself. 

(3) This rule shall not be deemed to apply unless—  

(a) the decree-holder in one of the suits in which the decrees have been made is the judgment-

debtor in the other and each party files the same character in both suits; and 

(b) the sums due under the decrees are definite. 

(4) The holder of a decree passed against several persons jointly and severally may treat it as a cross-

decree in relation to a decree passed against him singly in favour of one or more of such persons. 

Illustrations 

(a) A holds a decree against B for Rs. 1,000. B holds a decree against A for payment of Rs. 1,000 in case A fails 

to deliver certain goods at a future day. B cannot treat his decree as a cross-decree under this rule. 

(b) A and B, co-plaintiffs, obtain a decree for Rs. 1,000. against C, and C obtains a decree for Rs. 1,000 against 

B. C cannot treat his decree as a cross-decree under this rule. 

A obtains a decree against B for Rs. 1,000. C, who is a trustee for B, obtains a decree on behalf of B against A 

for Rs. 1,000. B cannot treat C's decree as a cross-decree under this rule. 

A, B, C, D and E are jointly and severally liable for Rs. 1,000 under a decree obtained by F. A obtains a decree 
for Rs. 1,000 against F singly and applies for execution to the Court in which the joint-decree is being executed. F 
may treat his joint-decree as cross-decree under this rule. 

19. Execution in case of cross-claims under same decree.—Where application is made to a Court 
for the execution of a decree under which two parties are entitled to recover sums of money from each 
other, then—  

(a) if the two sums are equal, satisfaction for both shall be entered upon the decree; and 

(b) if the two sums are unequal, execution may be taken out only by the party entitled to the larger 
sum and for so much only as remains after deducting the smaller sum, and satisfaction for the smaller 
sum shall be entered upon the decree. 

20. Cross-decrees and cross-claims in mortgage suits.—The provisions contained in rules 18 and 

19 shall apply to decrees for sale in enforcement of a mortgage or charge. 

154 

 
21.  Simultaneous  execution.—The  Court  may,  in  its  discretion,  refuse  execution  at  the  same  time 

against the person and property of the judgment-debtor. 

22.  Notice  to  show  cause  against  execution  in  certain  cases.—(1)  Where  an  application  for 

execution is made—  

(a) more than 1[two years] after the date of the decree, or 
(b) against the legal representative of a party to the decree  2[or where an application is made for 

execution of a decree filed under the provisions of section 44A], 3[or] 

4[(c)  against  the  assignee  or  receiver  in  insolvency,  where  the  party  to  the  decree  has  been 

adjudged to be an insolvent,] 

the Court executing the decree shall issue a notice to the person against whom execution is applied for 
requiring him to show cause, on a date to be fixed, why the decree should not be executed against him : 

Provided  that  no  such  notice  shall  be  necessary  in  consequence  of  more  than  5[two  years]  having 
elapsed between the date of the decree and the application for execution if the application is made within    
2[two years] from the date of the last order against the party against whom execution is applied for, made 
on any previous application for execution, or in consequence of the application being made against the 
legal representative of the judgment-debtor if upon a previous application for execution against the same 
person the Court has ordered execution to issue against him. 

(2) Nothing in the foregoing sub-rule shall be deemed to preclude the Court from issuing any process 
in execution of a decree without issuing the notice thereby prescribed, if, for reasons to be recorded, it 
considers  that  the  issue  of  such  notice  would  cause  unreasonable  delay  or  would  defeat  the  ends  of 
justice. 

1[22A. Sale not be set aside on the death of the judgment-debtor before the sale but after the service 
of the proclamation of sale.—Where any property is sold in execution of a decree, the sale shall not be set 
aside merely by reason of the death of the judgment-debtor between the date of issue of the proclamation of 
sale  and  the  date  of  the  sale  notwithstanding  the  failure  of  the  decree-holder  to  substitute  the  legal 
representative of such deceased judgment-debtor, but, in case of such failure, the Court may set aside the sale 
if it is satisfied that the legal representative of the deceased judgment-debtor has been prejudiced by the sale.] 

23. Procedure after issue of notice.—(1) Where the person to whom notice is issued under 6[rule 22] 
does  not  appear  or  does  not  show  cause  to  the  satisfaction  of  the  Court  why  the  decree  should  not  be 
executed, the Court shall order the decree to be executed. 

(2) Where such person offers any objection to the execution of the decree, the Court shall consider 

such objection and make such order as it thinks fit. 

Process for execution 

24. Process for execution.—(1) When the preliminary  measures (if any) required by the foregoing 
rules  have  been  taken,  the  Court  shall,  unless  it  sees  cause  to  the  contrary,  issue  its  process  for  the 
execution of the decree. 

(2) Every such process shall bear date the day on which it is issued, and shall be signed by the Judge 
or such officer as the Court may appoint in this behalf, and shall be sealed with the seal of the Court and 
delivered to the proper officer to be executed. 

7[(3) In every such process, a day shall be specified on or before which it shall be executed and a day 
shall also be specified on or before which it shall be returned to the Court, but no process shall be deemed 
to be void if no day for its return is specified therein.] 

1. Subs. by Act 104 of 1976, s. 72, for “one year” (w.e.f. 1-2-1977). 
2. Ins. by Act 8 of 1937, s. 3.  
3. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977). 
4. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977). 
5. Subs. by s. 72, ibid., for “one year” (w.e.f. 1-2-1977). 
6. Subs. by Act 38 of 1978, s. 3 and the second Sch., for “the last preceding rule” (w.e.f. 26-11-1978). 
7. Subs. by Act 104 of 1976, s. 72, for sub-rule (3) (w.e.f. 1-2-1977). 

155 

 
                                                      
25.  Endorsement  on  process.—(1)  The  officer  entrusted  with  the  execution  of  the  process  shall 
endorse thereon the day on, and the manner in, which it was executed, and, if the latest day specified in 
the process for the return thereof has been exceeded, the reason of the delay, or, if it was not executed, the 
reason why it was not executed, and shall return the process with such endorsement to the Court. 

(2) Where the endorsement is to the effect that such officer is unable to execute the process, the Court 
shall examine him touching his alleged inability, and may, if it thinks fit, summon and examine witnesses 
as to such inability, and shall record the result. 

Stay of execution 

26. When Court may stay execution.—(1) The Court to which a decree has been sent for execution 
shall, upon sufficient cause being shown, stay the execution of such decree for a reasonable time, to enable 
the  judgment-debtor  to  apply  to  the  Court  by  which  the  decree  was  passed,  or  to  any  Court  having 
appellate jurisdiction in respect of the decree or the execution thereof, for an order to stay execution, or for 
any  other  order  relating  to  the  decree  or  execution  which  might  have  been  made  by  such  Court  of  first 
instance or Appellate Court if execution had been issued thereby, or if application for execution had been 
made thereto. 

(2)  Where  the  property  or  person  of  the  judgment-debtor  has  been  seized  under  an  execution,  the 
Court  which  issued  the  execution  may  order  the  restitution  of  such  property  or  the  discharge  of  such 
person pending the result of the application. 

(3)  Power  to  require  security  from,  or  impose  conditions  upon,  judgment-debtor.—Before 
making  an  order  to  stay  execution,  or  for  the  restitution  of  property  or  the  discharge  of  the  judgment-
debtor, 1[the Court shall require] such security from, or impose such condition upon, the judgment-debtor 
as it thinks fit. 

27. Liability of judgment-debtor discharged.—No order of restitution or discharge under rule 26 
shall prevent the property or person of a judgment-debtor from being retaken in execution of the decree 
sent for execution. 

28. Order of Court which passed decree or of Appellate Court to be binding upon Court applied 
to.—Any  order  of  the  Court  by  which  the  decree  was  passed,  or  of  such  Court  of  appeal  as  aforesaid,  in 
relation  to  the  execution  of  such  decree,  shall  be  binding  upon  the  Court  to  which  the  decree  was  sent  for 
execution. 

29. Stay of execution pending suit between decree-holder and judgment-debtors.—Where a suit is 
pending in any Court against the holder of a decree of such Court 2[or of a decree which is being executed 
by such Court, on the part of the person against whom the decree was passed, the Court may, on such terms 
as  to  security  or  otherwise,  as  it  thinks  fit,  stay  execution  of  the  decree  until  the  pending  suit  has  been 
decided: 

2[Provided that if the decree is one for payment of money, the Court shall, if it grants stay without 

requiring security, record its reasons for so doing.] 

Mode of execution 
30. Decree for payment of money.—Every decree for the payment of money, including a decree for 
the payment of money as the alternative to some other relief, may be executed by the detention in the civil 
prison of the judgment-debtor, or by the attachment and sale of his property, or by both. 

31. Decree for specific movable property.—(1) Where the decree is for any specific movable, or for 
any share in a specific movable, it may be executed by the seizure, if practicable, of the movable or share, 
and by the delivery thereof to the party to whom it has been adjudged, or to such person as he appoints to 
receive  delivery  on  his behalf,  or  by the  detention  in  the  civil  prison  of the judgment-debtor,  or  by  the 
attachment of his property, or by both. 

(2)  Where  any  attachment  under  sub-rule  (1)  has  remained  in  force  for  3[three  months,]  if  the 
judgment-debtor  has  not  obeyed  the  decree  and  the  decree-holder  has  applied  to  have  the  attached 
property  sold,  such  property  may  be  sold,  and out  of the  proceeds the  Court  may  award  to  the  decree-
holder, in cases where any amount has been fixed by the decree to be paid as an alternative to delivery of 

1. Subs. by Act 104 of 1976, s. 72, for “the Court may require” (w.e.f. 1-2-1977).   
2. Ins. by s. 72, ibid. (w.e.f. 1-2-1977). 
3. Subs. by s. 72, ibid, for “six months” (w.e.f. 1-2-1977). 

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movable property, such amount, and in other cases, such compensation as it thinks fit, and shall pay the 
balance (if any) to the judgment-debtor on his application. 

(3) Where the judgment-debtor has obeyed the decree and paid all costs of executing the same which he 

is bound to pay, or where, at the end of 3[three months] from the date of the attachment, no application to 
have the property sold has been made, or, if made, has been refused, the attachment shall cease. 

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

(1) Where the party against whom a decree for the specific performance of a contract, or for restitution of 
conjugal rights, or for an injunction, has been passed, has had an opportunity of obeying the decree and 
has  wilfully  failed  to  obey  it,  the  decree  may  be  enforced  1[in  the  case  of  a  decree  for  restitution  of 
conjugal rights by the attachment of his property or, in the case of a decree for the specific performance 
of a contract or for an injunction] by his detention in the civil prison, or by the attachment of his property, 
or by both. 

(2)  Where  the  party  against  whom  a  decree  for  specific  performance  or  for  an  injunction  has  been 
passed is a corporation, the decree may be enforced by the attachment of the property of the corporation 
or,  with  the  leave  of  the  Court,  by  the  detention  in  the  civil  prison  of  the  directors  or  other  principal 
officers thereof, or by both attachment and detention. 

(3) Where any attachment under sub-rule (1) or sub-rule (2) has remained in force for 2[six months,] 
if the judgment-debtor has not obeyed the decree and the decree-holder has applied to have the attached 
property sold, such property may be sold; and out of the proceeds the Court may award to the decree-
holder such compensation as it thinks fit, and shall pay the balance (if any) to the judgment-debtor on his 
application. 

(4) Where the judgment-debtor has obeyed the decree and paid all costs of executing the same which 
he is bound to pay, or where, at the end of 2[six months] from the date of the attachment no application to 
have the property sold has been made, or if made has been refused, the attachment shall cease. 

(5) Where a decree for the specific performance of a contract or for an injunction has not been obeyed, 
the Court may, in lieu of or in addition to all or any of the processes aforesaid, direct that the act required to 
be  done  may  be  done  so  far  as  practicable  by  the  decree-holder  or  some  other  person  appointed  by  the 
Court,  at  the  cost  of  the  judgment-debtor,  and  upon  the  act  being  done  the  expenses  incurred  may  be 
ascertained in such manner as the Court may direct and may be recovered as if they were included in the 
decree. 

3[Explanation.—For the removal of doubts, it is hereby declared that the expression “the act required 

to be done” covers prohibitory as well as mandatory injunctions.] 

Illustration 

A, a person of little substance, erects a building which renders uninhabitable a family mansion belonging to B. 
A, in spite of his detention in prison and the attachment of his property, declines to obey a decree obtained against 
him by B and directing him to remove the building. The Court is of opinion that no sum realizable by the sale of A's 
property would adequately compensate B for the depreciation in the value of his mansion. B may apply to the Court 
to remove the building and may recover the cost of such removal from A in the execution-proceedings. 

33.  Discretion  of  Court  in  executing  decrees  for  restitution  of  conjugal  rights.—(1) 
Notwithstanding anything in rule 32, the Court, either at the time of passing a decree 4[against a husband] 
for  the  restitution  of  conjugal  rights  or  at  any  time  afterwards,  may  order  that  the  decree  5[shall  be 
executed in the manner provided in this rule.] 

(2) Where the Court has made an order under sub-rule (1) 6***, it may order that, in the event of the 
decree  not  being  obeyed  within  such  period  as  may  be  fixed  in  this  behalf,  the  judgment-debtor  shall 

1. Ins. by Act 29 of 1923, s. 2. 
2. Subs. by Act 104 of 1976, s. 72, for “one year (w.e.f. 1-2-1977). 
3. Ins. by Act 22 of 2002, s. 14 (w.e.f. 1-7-2002). 
4. Ins. by Act 29 of 1923, s. 3. 
5. Subs. by s. 3, ibid., for “shall not be executed by detention in prison”. 
6. The words “and the decree-holder is the wife” omitted by s. 3, ibid. 

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make to the decree-holder such periodical payments as may be just, and, if it thinks fit, require that the 
judgment-debtor shall, to its satisfaction, secure to the decree-holder such periodical payments. 

(3) The Court may from time to time vary or modify any order made under sub-rule (2) for the periodical 
payment of money, either by altering the times of payment or by increasing or diminishing the amount, or may 
temporarily suspend the same as to the whole or any part of the money so ordered to be paid, and again 
review the same, either wholly or in part as it may think just. 

(4) Any money ordered to be paid under this rule may be recovered as though it were payable under a 

decree for the payment of money. 

34.  Decree  for  execution  of  document,  or  endorsement  of  negotiable  instrument.—(1)  Where  a 
decree  is  for  the  execution  of  a  document  or  for  the  endorsement  of  a  negotiable  instrument  and  the 
judgment-debtor  neglects  or  refuses  to  obey  the  decree,  the  decree-holder  may  prepare  a  draft  of  the 
document or endorsement in accordance with the terms of the decree and deliver the same to the Court. 

(2) The Court shall there upon cause the draft to be served on the judgment-debtor together with a 

notice requiring his objections (if any) to be made within such time as the Court fixes in this behalf. 

(3)  Where  the  judgment-debtor  objects  to  the  draft,  his  objections  shall  be  stated  in  writing  within 

such time, and the Court shall make such order approving or altering the draft, as it thinks fit. 

(4) The decree-holder shall deliver to the Court a copy of the draft with such alterations (if any) as the 
Court may have directed upon the proper stamp-paper if a stamp is required by the law for the time being 
in force; and the Judge or such officer as may be appointed in this behalf shall execute the document so 
delivered. 

(5) The execution of a document or the endorsement of a negotiable instrument under this rule may 

be in the following form, namely:—  

“C. D., Judge of the Court of, 

(or as the case may be), for A. B., in a suit by E. F against A. B.”, 

and shall have the same effect as the execution of the document or the endorsement of the negotiable 
instrument by the party ordered to execute or endorse the same. 

1[(6) (a) Where the registration of the document is required under any law for the time being in force, 
the Court, or such officer of the Court as may be authorised in this behalf by the Court, shall cause the 
document to be registered in accordance with such law. 

(b) Where the registration of the document is not so required, but the decree-holder desires it to be 

registered, the Court may make such order as it thinks fit. 

(c) Where the Court makes any order for the registration of any document, it may make such order as 

it thinks fit as to the expenses of registration.] 

35.  Decree  for  immovable  property.—(1)  Where  a  decree  is  for  the  delivery  of  any  immovable 
property,  possession  thereof  shall  be  delivered  to  the  party  to  whom  it  has  been  adjudged,  or  to  such 
person  as  he  may  appoint to  receive  delivery  on  his behalf,  and,  if  necessary,  by  removing  any  person 
bound by the decree who refuses to vacate the property. 

(2)  Where  a  decree  is  for  the  joint  possession  of  immovable  property,  such  possession  shall  be 
delivered by affixing a copy of the warrant in some conspicuous place on the property and proclaiming by 
beat of drum, or other customary mode, at some convenient place, the substance of the decree. 

(3) Where possession of any building on enclosure is to be delivered and the person in possession, 
being bound by the decree, does not afford free access, the Court, through its officers, may, after giving 
reasonable  warning  and facility  to  any  woman  not  appearing  in  public  according  to  the  customs  of  the 
country  to  withdraw,  remove  or  open  any  lock  or  bolt  or  break  open  any  door  or  do  any  other  act 
necessary for putting the decree-holder in possession. 

36. Decree for delivery of immovable property when in occupancy of tenant.—Where a decree is for 
the delivery of any immovable property in the occupancy of a tenant or other person entitled to occupy the 
same and not bound by the decree to relinquish such occupancy, the Court shall order delivery to be made by 

1. Subs. by Act 104 of 1976, s. 72, for sub-rule (6) (w.e.f. 1-2-1977). 

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affixing a copy of the warrant in some conspicuous place on the property, and proclaiming to the occupant by 
beat of drum or other customary mode, at some convenient place, the substance of the decree in regard to the 
property. 

37.  Discretionary  power  to  permit  judgment-debtor  to  show  cause  against  detention  in 
prison.—(1)  Notwithstanding  anything  in  these  rules,  where  an  application  is  for  the  execution  of  a 
decree for the payment of money by the arrest and detention in the civil prison of a judgment-debtor who 
is liable to be arrested in pursuance of the application, the Court  1[shall], instead of issuing a warrant for 
his arrest, issue a notice calling upon him to appear before the Court on a day to be specified in the notice 
and show cause why he should not be committed to the civil prison: 

2[Provided that such notice shall not be necessary if the Court is satisfied, by affidavit, or otherwise, 
that,  with  the  object  or  effect  of  delaying  the  execution  of  the  decree,  the  judgment-debtor  is  likely  to 
abscond or leave the local limits of the jurisdiction of the Court.] 

(2) Where appearance is not made in obedience to the notice, the Court shall, if the decree-holder so 

requires, issue a warrant for the arrest of the judgment-debtor. 

38.  Warrant  for  arrest  to  direct  judgment-debtor  to  be  brought  up.—Every  warrant  for  the 
arrest  of  a judgment-debtor  shall  direct  the  officer  entrusted  with  its  execution to  bring  him  before  the 
Court with all convenient speed, unless the amount which he has been ordered to pay, together with the 
interest thereon and the costs (if any) to which he is liable, be sooner paid. 

39.  Subsistence  allowance.—(1)  No  judgment-debtor  shall  be  arrested  in  execution  of  a  decree 
unless  and  until  the  decree-holder  pays  into  Court  such  sum  as  the  Judge  thinks  sufficient  for  the 
subsistence of the judgment-debtor from the time of his arrest until he can be brought before the Court. 

(2)  Where  a  judgment-debtor  is  committed  to  the  civil  prison  in  execution  of  a  decree,  the  Court 
shall fix for his subsistence such monthly allowance as he may be entitled to according to the scales fixed 
under section 57, or, where no such scales have been fixed, as it considers sufficient with reference to the 
class to which he belongs. 

(3) The monthly allowance fixed by the Court shall be supplied by the party on whose application the 

judgement-debtor has been arrested by monthly payments in advance before the first day of each month. 

(4) The first payment shall be made to the proper officer of the Court for such portion of the current 
month  as  remains  unexpired  before  the  judgment-debtor  is  committed  to  the  civil  prison,  and  the 
subsequent payments (if any) shall be made to the officer in charge of the civil prison. 

(5)  Sums  disbursed  by  the  decree-holder  for  the  subsistence  of  the  judgment-debtor  in  the  civil 

prison shall be deemed to be costs in the suit : 

Provided that the judgment-debtor shall not be detained in the civil prison or arrested on account of 

any sum so disbursed. 

3[40.  Proceedings  on  appearance  of  judgment-debtor  in  obedience  to  notice  or  after  arrest.—(1) 
When a judgment-debtor appears before the Court in obedience to a notice issued under rule 37, or is brought 
before  the  Court  after  being  arrested  in  execution  of  a  decree  for  the  payment  of  money,  the  Court  shall 
proceed to hear the decree-holder and take all such evidence as  may be produced  by  him in support of his 
application for execution and shall  then  give the judgment-debtor an opportunity  of showing cause  why he 
should not be committed to the civil prison. 

(2) Pending the conclusion of the inquiry under sub-rule (1) the Court may, in its discretion, order the 
judgment-debtor to be detained in the custody of an officer of the Court or release him on his furnishing 
security to the satisfaction of the Court for his appearance when required. 

1. Subs. by Act 21 of 1936, s. 3, for “may”.  
2. Ins. by s.  3, ibid. 
3. Subs. by s. 4, ibid., for rule 40. 

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(3) Upon the conclusion of the inquiry under sub-rule (1) the Court may, subject to the provisions of 
section  51  and  to  the  other  provisions  of  this  Code,  make  an  order  for  the  detention  of  the  judgment-
debtor in the civil prison and shall in that event cause him to be arrested if he is not already under arrest: 

Provided that in order to give the judgment-debtor an opportunity of satisfying the decree, the Court 
may, before making the order of detention, leave the judgment-debtor in the custody of an officer of the 
Court for a  specified  period  not  exceeding  fifteen  days  or  release  him  on  his  furnishing  security  to the 
satisfaction of the Court for his appearance at the expiration of the specified period if the decree be not 
sooner satisfied. 

(4) A judgment-debtor released under this rule may be re-arrested. 

(5)  When  the  Court  does  not  make  an  order  of  detention  under  sub-rule  (3)  it  shall  disallow  the 

application and, if the judgment-debtor is under arrest, direct his release.] 

41. Examination of judgment-debtor as to his property.—1[(1)] Where a decree is for the payment 

of money the decree-holder may apply to the Court for an order that—  

Attachment of property 

(a) the judgment-debtor, or 

(b) 2[where the judgment-debtor is a corporation], any officer thereof, or 

(c) any other person, 

be orally examined as to whether any or what debts are owing to the judgment-debtor  and whether the 
judgment-debtor has any and what other property or means of satisfying the decree; and the Court may 
make  an  order  for the  attendance  and examination  of  such judgment-debtor,  or officer  or  other  person, 
and for the production of any books or documents. 

3[(2) Where a decree for the payment of money has remained unsatisfied for a period of thirty days, 
the Court may, on the application of the decree-holder and without prejudice to its power under sub-rule 
(1),  by  order  require  the  judgment-debtor  or  where  the  judgment-debtor  is  a  corporation,  any  officer 
thereof, to make an affidavit stating the particulars of the assets of the judgment-debtor. 

(3) In case of disobedience of any order made under sub-rule (2), the Court making the order, or any 
Court to which the proceeding is transferred, may direct that the person disobeying the order be detained 
in the civil prison for a term not exceeding three months unless before the expiry of such term the Court 
directs his release.] 

42. Attachment in case of decree for rent or mesne profits or other matter, amount of which to 
be subsequently determined.—Where a decree directs an inquiry as to rent or mesne profits or any other 
matter, the property of the judgment-debtor may, before the amount due from him has been ascertained, 
be attached, as in the case of an ordinary decree for the payment of money. 

43.  Attachment  of  movable  property,  other  than  agricultural  produce,  in  possession  of 
judgment-debtor.—Where  the  property  to  be  attached  is  movable  property  other  than  agricultural 
produce, in the possession of the judgement-debtor, the attachment shall be made by actual seizure, and 
the  attaching  officer  shall  keep  the  property  in  his  own  custody  or  in  the  custody  of  one  of  his 
subordinates, and shall be responsible for the due custody thereof : 

Provided that, when the property seized is subject to speedy and natural decay, or when the expense 

of keeping it in custody is likely to exceed its value, the attaching officer may sell it at once. 

1. Rule 41 renumbered as sub-rule (1) by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977). 
2. Subs. by s. 72, ibid., for “in the case of a corporation” (w.e.f. 1-2-1977).  
3. Ins. by s. 72, ibid. (w.e.f. 1-2-1977). 

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3[43A. Custody of movable property.—(1) Where the property attached consists of live-stock, agricultural 
implements or other articles which cannot conveniently be removed and the attaching officer does not act under 
the  proviso  to  rule  43,  he  may,  at  the  instance  of  the  judgment-debtor  or  of  the  decree  holder  or  of  any          
other person claiming to be interested in such property, leave it in the village or place where it has been 
attached, in the custody of any respectable person (hereinafter referred to as the “custodian”). 

(2) If the custodian fails, after due notice, to produce such property at the place named by the Court 
before  the  officer  deputed  for  the  purpose  or  to  restore  it  to  the  person  in  whose  favour  restoration  is 
ordered by the Court, or if the property, though so produced or restored, is not in the same condition as it 
was when it was entrusted to him,—  

(a) the custodian shall be liable to pay compensation to the decree-holder, judgment-debtor or any 
other person who is found to be entitled to the restoration thereof, for any loss or damage caused by 
his default; and 

(b) such liability may be enforced—  

(i) at the instance of the decree-holder, as if the custodian were a surety under section 145; 

(ii)  at  the  instance  of  the  judgement-debtor  or  such  other  person,  on  an  application  in 

execution; and 

(c) any order determining such liability shall be appealable as a decree.] 

44.  Attachment  of  agricultural  produce.—Where  the  property  to  be  attached  is  agricultural 

produce, the attachment shall be made by affixing a copy of the warrant of attachment,—  

(a) where such produce is a growing crop, on the land on which such crop has grown, or 

(b) where such produce has been cut or gathered, on the threshing floor or place for treading out 

grain or the like or fodder-stack on or in which it is deposited, 

and  another  copy  on  the  outer  door  or  on  some  other  conspicuous  part  of  the  house  in  which  the 
judgment-debtor  ordinarily  resides  or,  with  the  leave  of  the  Court,  on  the  outer  door  or  on  some  other 
conspicuous part of the house in which he carries on business or personally works for gain or in which he 
is known to have last resided or carried on business or personally worked for gain; and the produce shall 
thereupon be deemed to have passed into the possession of the Court. 

45. Provisions  as  to  agricultural  produce  under  attachment.—(1) Where  agricultural  produce is 
attached, the Court shall make such arrangements for the custody thereof as it may deem sufficient and, 
for the purpose of enabling the Court to make such arrangements, every application for the attachment of 
a growing crop shall specify the time at which it is likely to be fit to be cut or gathered. 

(2)  Subject  to  such  conditions  as  may  be  imposed  by  the  Court  in  this  behalf  either  in  the  order  of 
attachment or in any subsequent order, the judgment-debtor may tend, cut, gather and store the produce and do 
any other act necessary for maturing or preserving it; and if the judgment-debtor fails to do, all or any of such 
acts, the decree-holder may, with the permission of the Court and subject to the like conditions, do all or any of 
them  either  by  himself  or  by  any  person  appointed  by  him  in  this  behalf  and  the  costs  incurred  by  the                
decree-holder shall be recoverable from the judgment-debtor as if they were included in, or formed part of, the 
decree. 

(3) Agricultural produce attached as a growing crop shall not be deemed to have ceased to be under 

attachment or to require re-attachment merely because it has been served from the soil. 

(4) Where an order for the attachment of a growing crop has been made at a considerable time before 
the crop is likely to be fit to be cut or gathered, the Court may suspend the execution of the order for such 
time as it thinks fit, and may, in its discretion, make a further  order prohibiting the removal of the crop 
pending the execution of the order of attachment. 

(5) A growing crop which from its nature does not admit of being stored shall not be attached under 
this rule at any time less than twenty days before the time at which it is likely to be fit to be cut or gathered. 

46. Attachment of debt, share and other property not in possession of judgment-debtor.—(1) In 

the case of—  

(a) a debt not secured by a negotiable instrument, 

161 

 
(b) a share in the capital of a corporation, 

(c)  other  movable  property  not  in  the  possession  of  the  judgment-debtor,  except  property 

deposited in, or in the custody of, any Court, 

the attachment shall be made by a written order prohibiting,—  

(i)  in  the  case  of  the  debt,  the  credit  or  from  recovering  the  debt  and  the  debtor  from  making 

payment thereof until the further order of the Court; 

(ii) in the case of the share, the person in whose name the share may be standing from transferring 

the same or receiving any dividend thereon; 

(iii) in the case of the other movable property except as aforesaid, the person in possession of the 

same from giving it over to the judgement-debtor. 

(2) A copy of such order shall be affixed on some conspicuous part of the court-house, and another 
copy shall be sent in the case of the debt, to the debtor, in the case of the share, to the proper officer of the 
corporation,  and,  in  the  case  of  the  other  movable  property  (except  as  aforesaid),  to  the  person  in 
possession of the same. 

(3) A debtor prohibited under clause  (i) of sub-rule (1) may pay the amount of his debt into Court, 

and such payment shall discharge him as effectually as payment to the party entitled to receive the same. 

1[46A.  Notice to garnishee.—(1) The Court may in the case of a debt (other than a debt secured by a 
mortgage  or  a  charge)  which  has  been  attached  under  rule  46  upon  the  application  of  the  attaching 
creditor, issue notice to the garnishee liable to pay such debt, calling upon him either to pay into Court the 
debt due from him to the judgment-debtor or so much thereof as may be sufficient to satisfy the decree 
and costs of execution, or to appear and show cause why he should not do so. 

(2) An application under sub-rule (1) shall be made on affidavit verifying the facts alleged and stating 

that in the belief of the deponent, the garnishee is indebted to the judgment-debtor. 

(3)  Where  the  garnishee  pays  in  the  Court  the  amount  due  from  him  to  the  judgment-debtor  or  so 
much thereof as is sufficient to satisfy the decree and the costs of the execution, the Court may direct that 
the amount may be paid to the decree-holder towards satisfaction of the decree and costs of the execution. 

46B. Order against garnishee.—Where the garnishee does not forthwith pay into Court the amount 
due from him to the judgment-debtor or so much thereof as is sufficient to satisfy the decree and the costs 
of  execution,  and  does  not  appear  and  show  cause  in  answer  to  the  notice,  the  Court  may  order  the 
garnishee to comply with the terms of such notice, and on such order, execution may issue as though such 
order were a decree against him. 

46C. Trial of disputed questions.—Where the garnishee disputes liability, the Court may order that 
any issue of question necessary for the determination of liability shall be tried as if it where an issue in a 
suit, and upon the determination of such issue shall make such order or orders as it deems fit: 

Provided that if the debt in respect of which the application under rule 46A is made is in respect of a 
sum of money beyond the pecuniary jurisdiction of the Court, the Court shall send the execution case to 
the  Court  of  the  District  Judge  to  which  the  said  Court  is  subordinate,  and  thereupon  the  Court  of  the 
District Judge or any other competent Court to which it may be transferred by the District Judge shall deal 
with it in the same manner as if the case had been originally instituted in that Court. 

46D.  Procedure  where  debt  belongs  to  third  person.—Where  it  is  suggested  or  appears  to  be 
probable that the debt belongs to some third person, or that any third person has a lien or charge on, or 
other  interest  in  such  debt,  the  Court  may  order  such  third  person  to  appear  and  state  the  nature  and 
particulars of his claim, if any, to such debt and prove the same. 

46E. Order as regards third person.—After hearing such third person and any person or persons who 
may subsequently be ordered to appear, or where such third or other person or persons do not appear when so 
ordered, the Court may make such order as is hereinbefore provided, or such other order or orders upon such 

1. Ss. 46A to 46-I ins. by Act 104 of 1976, s. 72 (w.e.f 1-2-1977). 

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terms, if any, with respect to the lien, charge or interest, as the case may be, of such third or other person 
or persons as it may deem fit and proper. 

46F.  Payment  by  garnishee  to  be  valid  discharge.—Payment  made  by  the  garnishee  on  notice 
under  rule  46A  or  under  any  such  order  as  aforesaid  shall  be  a  valid  discharge  to  him  as  against  the 
judgement-debtor  and  any  other  person  ordered  to  appear  as  aforesaid  for  the  amount  paid  or  levied, 
although the decree in execution of which the application under rule 46A was made, or the order passed 
in the proceedings on such application may be set aside or reversed. 

46G. Costs.—The costs of any application made under rule 46A and of any proceeding arising there 

from or incidental thereto shall be in the discretion of the Court. 

46H. Appeals.—An order made under rule 46B, rule 46C or rule 46E shall be applicable as a decree. 

46-I.—Application  to  negotiable  instruments.—The  provisions  of  rules  46A  to  46H  (both 
inclusive)  shall, so far  as may  be,  apply  in relation  to  negotiable instruments  attached  under  rule  51 as 
they apply in relation to debts.] 

47. Attachment of share in movables.—Where the property to be attached consists of the share or 
interest  of  the  judgment-debtor  in  movable  property  belonging  to  him  and  another  as  co-owners,  the 
attachment shall be made by a notice to the judgment-debtor prohibiting him from transferring the share 
or interest or charging it in any way. 

48.  Attachment  of  salary  or  allowances  of servant  of  the  Government or  railway company  or 
local authority.—(1) Where the property to be attached is the salary or allowances of a  1[servant of the 
Government] or of a servant of a railway company or local authority  2[or of a servant of a corporation 
engaged  in  any  trade  or  industry  which  is  established  by  a  Central,  Provincial  or  State  Act,  or  a 
Government  company  as  defined  in  section  617  of  the  Companies  Act,  1956  (1  of  1956)]  the  Court, 
whether the judgment-debtor  or the disbursing  officer  is  or  is  not  within the  local limits  of  the  Court’s 
jurisdiction,  may  order  that  the  amount  shall,  subject  to  the  provisions  of  section  60,  be  withheld  from 
such salary or allowances either in one payment or by monthly instalments as the Court may direct; and 
upon  notice  of  the  order  to  such  officer  as  3[the  appropriate  Government  may  by  notification  in  the 
Official Gazette] appoint 4[in this behalf,— 

(a) where such salary or allowances are to be disbursed within the local limits to which this Code for 
the time being extends, the officer or other person whose duty it is to disburse the same shall withhold 
and remit to the Court the amount due under the order, or the monthly instalments, as the case may be; 

(b) where such salary or allowances are to be disbursed beyond the said limits, the officer or other 
person within those limits whose duty it is to instruct the disbursing authority regarding the amount of the 
salary  or  allowances  to  be  disbursed  shall  remit  to  the  Court  the  amount  due  under  the  order,  or  the 
monthly instalments, as the case may be, and shall direct the disbursing authority to reduce the aggregate 
of  the  amounts  from  time  to  time,  to  be  disbursed  by  the  aggregate  of  the  amounts  from  time  to  time 
remitted to the Court.] 

(2)  Where  the  attachable  proportion  of  such  salary  or  allowances  is  already  being  withheld  and 
remitted to a Court in pursuance of a previous and unsatisfied order of attachment, the officer appointed 
by  5[the appropriate Government] in this behalf shall forthwith return the subsequent order to the Court 
issuing it with a full statement of all the particulars of the existing attachment. 

1. Subs. by Act 5 of 1943, s. 3, for “public officer”. 
2. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977). 
3.  Subs.  by  Act  25  of  1942,  s.  3  and  the  second  Sch.,  for  “the  Central  Government  or  the  Provincial  Government  may  by 

notification in the Official Gazette”. 

4. Subs. by Act 26 of 1939, s. 2, for certain words. 
5. Subs. by Act 25 of 1942, s. 3, and the Schedule, for “the Central Government or the Provincial Government, as the may be”. 

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1[(3)  Every  order  made  under  this  rule,  unless  it  is  returned  in  accordance  with  the  provisions  of            

sub-rule (2) shall, without further notice or other process, bind the appropriate Government or the railway 
company or local authority or corporation of Government company, as the case may be, while the judgement-
debtor is within the local limits to which this Code for the time being extends and while he is beyond those 
limits, if he is in receipt of any salary or allowances payable out of the Consolidated Fund of India or the 
Consolidated  Fund  of  the  State  or  the  funds  of  a  railway  company  or  local  authority  or  corporation  or 
Government company in India; and the appropriate Government or the railway company or local authority or 
corporation or Government company, as the case may be, shall be liable for any sum paid in contravention of 
this rule.] 

2[Explanation.—In this rule, “appropriate Government” means,— 

(i)  As  respects  any  person  in  the  service  of  the  Central  Government,  or  any  servant  of  a  railway 
administration or of a cantonment authority or of the port authority of a major port, or any servant of a 
corporation engaged in any trade or industry which is established by a Central Act, or any servant of a 
Government  company  in  which  any  part  of  the  share  capital is  held  by  the  Central  Government  or  by 
more than one State Governments or partly by the Central Government and partly by one or more State 
Governments, the Central Government; 

(ii)  As  respects  any  other  servant  of  the  Government,  or  a  servant  of  any  other  local  or  other 
authority,  or  any  servant  of  a  corporation  engaged  in  any  trade  or  industry  which  is  established  by  a 
Provincial or State act, or a servant of any other Government company, the State Government.] 

3[48A.  Attachment  of  salary  or  allowances  of  private  employees.—(1)Where  the  property  to  be 
attached is the salary or allowances of an employee other than an employee to whom rule 48 applies, the 
Court, where the disbursing officer of the employee is within the local limits of the Court’s jurisdiction, 
may order than the amount shall, subject to the provision of section 60, be withheld from such salary or 
allowances either in one payment or by monthly instalments as the Court may direct; and upon notice of 
the order to such disbursing officer, such disbursing officer shall remit to the court the amount due under 
the order, or the monthly instalments, as the case may be. 

(2) Where the attachable portion of such salary or allowances is already being withheld or remitted to 
the  Court  in  pursuance  of  a  previous  and  unsatisfied  order  of  attachment,  the  disbursing  officer  shall 
forthwith return the subsequent order to the Court issuing it with a full statement of all the particulars of 
the existing attachment. 

(3)  Every  order  made  under  this  rule,  unless  it  is  returned  in  accordance  with  the  provisions  of             

sub-rule  (2),  shall,  without  further  notice  or  other  process,  hind  the  employer  while  the  judgment-
debtors, is within the local limits to which this Code for the time being extends and while he is beyond 
those-limits, if he is in receipt of salary or allowances payable out of the funds of an employer in any part 
of India, and the employer shall be liable for any sum paid in contravention of this rule.] 

49.  Attachment  of  partnership  property.—(1)  Save  as  otherwise  provided  by  this  rule,  property 
belonging  to  a  partnership  shall  not  be  attached  or  sold  in  execution  of  a  decree  other  than  a  decree 
passed against the firm or against the partners in the firm as such. 

(2)  The  Court  may,  on  the  application  of  the  holder  of  a  decree  against  a  partner,  make  an  order 
charging the interest of such partner in the partnership property, and profits with payment of the amount due 
under the decree, and may, by the same or a subsequent order, appoint a receiver of the share of such partner 
in the profits (whether already declared or accruing) and of any other money which may be coming to him in 
respect of the partnership, and direct accounts and inquiries and make an order for the sale of such interest or 
other orders as might have been directed or made if a charge had been made in favour of the decree holder 
by such partner, or as the circumstances of the case may require. 

(3) The other partner or partners shall be at liberty at any time to redeem the interest charged or, in 

the case of a sale being directed, to purchase the same. 

1. Subs. by Act 104 of 1976, s. 72, for sub-rule (3) (w.e.f. 1-2-1977). 
2. Subs. by s. 72, ibid., for Explanation (w.e.f. 1-2-1977). 
3. Ins. by s. 72, ibid. (w.e.f. 1-2-1977). 

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(4) Every application for an order under sub-rule (2) shall be served on the judgment-debtor and on 

his partners or such of them as are within 1[India]. 

(5) Every application made by any partner of the judgment-debtor under sub-rule (3) shall be served 
on the decree-holder and on the judgment-debtor, and on such of the other partners as do not join in the 
application and as are within1[India]. 

(6) Service under sub-rule (4) or sub-rule (5) shall be deemed to be service on all the partners and all 

orders made on such applications shall be similarly served. 

50.  Execution  of  decree  against  firm.—(1)  Where  a  decree  has  been  passed  against  a  firm, 

execution may be granted—  

(a) against any property of the partnership; 

(b) against any person who has appeared in his own name under rule 6 or rule 7 of Order XXX or 

who has admitted on the pleadings that he is, or who has been adjudged to be, a partner; 

(c) against any person who has been individually served as a partner with a summons and has 

failed to appear: 

Provided that nothing in this sub-rule shall be deemed to limit or otherwise affect the provisions of 

2[section 30 of the Indian Partnership Act, 1932 (9 of 1932)]. 

(2)  Where  the  decree-holder  claims  to  be  entitled  to  cause  the  decree  to  be  executed  against  any 
person other than such a person as is referred to in sub-rule (1), clauses (b) and (c), as being a partner in 
the  firm,  he  may,  apply  to  the  Court  which  passed  the  decree  for  leave,  and  where  the  liability  is  not 
disputed, such court may grant such leave, or, where such liability is disputed, may order that the liability 
of  such  person  be  tried  and  determined  in  any  manner  in  which  any  issue  in  a  suit  may  be  tried  and 
determined. 

(3) Where the liability of any person has been tried and determined under sub-rule (2), the order made 
thereon shall have the same force and be subject to the same conditions as to appeal or otherwise as if it 
were a decree. 

(4) Save as against any property of the partnership, a decree against a firm shall not lease, render liable 

or otherwise affect any partner therein unless he has been served with a summons to appear and answer. 

3[(5) Nothing in this rule shall apply to a decree passed against a Hindu Undivided Family by virtue 

of the provisions of rule 10 of Order XXX.] 

51.  Attachment  of  negotiable  instruments.—Where  the  property  is  a  negotiable  instrument  not 
deposited in a Court, not in the custody of a public officer, the attachment shall be made by actual seizure, 
and the instrument shall be brought into Court and held subject to further orders of the Court. 

52.  Attachment  of  property  in  custody  of  Court  or  public  officer.—Where  the  property  to  be 
attached is in the custody of any Court or public officer, the attachment shall be made by a notice to such 
Court or officer, requesting that such property, and any interest or dividend becoming payable thereon, 
may be held subject to the further orders of the Court from which the notice is issued: 

Provided  that,  where  such  property  is  in  the  custody  of  a  Court,  any  question  of  title  or  priority 
arising  between  the  decree-holder  and  any  other  person,  not  being  the  judgment-debtor,  claiming  to  be 
interested in such property by virtue of any assignment, attachment or otherwise, shall be determined by 
such Court. 

53.  Attachment  of  decrees.—(1)  Where  the  property  to  be  attached  is  a  decree,  either  for  the 

payment of money or for sale in enforcement of a mortgage or charge, the attachment shall be made,—  

(a) if the decrees were passed by the same Court, then by Order of such Court, and 

1. Subs. by Act 2 of 1951, s. 3, for “the States”. 
2. Subs. by Act 104 of 1976, s. 72, for certain words (w.e.f. 1-2-1977). 
3. Ins. by s. 72, ibid. (w.e.f. 1-2-1977). 

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(b) if the decree sought to be attached was passed by another Court, then by the issue to such 
other  Court  of  a  notice  by  the  Court  which  passed  the  decree  sought  to  be  executed,  requesting  such 
other Court to stay the execution of its decree unless and until—  

(i) the court which passed the decree sought to be executed cancels the notice, or 
1[(ii) (a) the holder of the decree sought to be executed, or 

(b)  his  judgment-debtor  with  the  previous  consent  in  writing  of  such  decree-holder,  or  with  the 

permission of the attaching Court, 

applies to the Court receiving such notice to execute the attached decree.] 

(2) Where a Court makes an order under clause (a) of sub-rule (1), or receives an application under 
sub-head (ii) of clause (b) of the said sub-rule, it shall, on the application of the creditor who has attached 
the decree or his judgment-debtor, proceeds to execute the attached decree and apply the net proceeds in 
satisfaction of the decree sought to be executed. 

(3) The holder of a decree sought to be executed by the attachment of another of decree the nature 
specified in sub-rule (1) shall be deemed to be the representative of the holder of the attached decree and 
to be entitled to execute such attached decree in any manner lawful for the holder thereof. 

(4) Where the property to be attached in the execution of a decree is a decree other than a decree of 
the nature referred to in sub-rule (1), the attachment shall be made, by a notice by the Court which passed 
the decree sought to be executed, to the holder of the decree sought to be attached, prohibiting him from 
transferring or charging the same in any way, and, where such decree has been passed by any other Court, 
also by sending to such other Court a notice to abstain from executing the decree sought to be attached 
until such notice is cancelled by the Court from which it was sent. 

(5)  The  holder  of  a  decree  attached  under  this  rule  shall  give  the  Court  executing  the  decree  such 

information and aid as may reasonably be required. 

(6) On the application of the holder of a decree sought to be executed by the attachment of another 
decree,  the  Court  making  an  order  of  attachment  under  this  rule  shall  give  notice  of  such  order  to  the 
judgment-debtor  bound  by  the  decree  attached;  and  no  payment  or  adjustment  of  the  attached  decree 
made by the judgment-debtor in contravention of such order 2[with knowledge thereof or] after receipt of 
notice  thereof,  either  through  the  Court  or  otherwise,  shall  be  recognized  by  any  Court  so  long  as  the 
attachment remains in force. 

54.  Attachment  of  immovable  property.—(1)  Where  the  property  is  immovable,  the  attachment 
shall be made by an order prohibiting the judgment-debtor from transferring or charging the property in 
any way, and all persons from taking any benefit from such transfer of charge. 

2[(1A)  The  order  shall  also  require  the  judgment-debtor  to  attend  Court  on  a  specified  date  to  take 

notice of the date to be fixed for settling the terms of the proclamation of sale.] 

(2) The order shall be proclaimed at some place on or adjacent to such property by beat of drum or other 
customary  mode, and  a copy  of  the order shall be affixed on a  conspicuous part of the  property  and then 
upon,  a  conspicuous  part  of  the  Court-house,  and  also,  where  the  property  is  land  paying  revenue  to  the 
Government, in the office of the Collector of the district in which the land is situate 2[and, where the property 
is  land  situate  in  a  village,  also  in  the  office  of  the  Gram  Panchayat,  if  any,  having  jurisdiction  over  that 
village.] 

55. Removal of attachment after satisfaction of decree.—Where— 

(a) the amount decreed with costs and all charges and expenses resulting from the attachment of any 

property are paid into Court, or 

(b) satisfaction of the decree is otherwise made through the Court or certified to the Court, or 

(c) the decree is set aside or reversed, 

the attachment shall be deemed to be withdrawn, and, in the case of immovable property, the withdrawal 
shall,  if  the  judgment-debtor  so  desires,  be  proclaimed  at  his  expense,  and  a  copy  of  the  proclamation 
shall be affixed in the manner prescribed by the last preceding rule. 

1. Subs. by Act 104 of 1972, s. 72, for sub-clause (ii) (w.e.f. 1-2-1977). 
2. Ins. by s. 72, ibid. (w.e.f. 1-2-1977). 

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56.  Order  for  payment  of  coin  or  currency  notes  to  party  entitled  under  decree.—Where  the 
property attached is current coin or currency notes, the Court may, at any time during the continuance of 
the attachment, direct that such coin or notes, or a part thereof sufficient to satisfy the decree, be paid over 
to the party entitled under the decree to receive the same. 

1[57. Determination of attachment.—(1) Where any property has been attached in execution of a 
decree and the Court, for any reason, passes an order dismissing the application for the execution of the 
decree, the Court shall direct whether the attachment shall continue or cease and shall also indicate the 
period up to which such attachment shall continue or the date on which such attachment shall cease. 
(2) If the Court omits to give such direction, the attachment shall be deemed to have ceased.] 

2[Adjudication of claims and objections 
58. Adjudication of claims to or objections to attachment of, property.—(1) Where any claim is 
preferred to, or any objection is made to the attachment of, any property attached in execution of a decree 
on the ground that such property is not liable to such attachment, the Court shall proceed to adjudicate 
upon the claim or objection in accordance with the provisions herein contained: 

Provided that no such, claim or objection shall be entertained—  

(a) where, before the claim is preferred or objection is made, the property attached has already 

been sold; or 

(b) where the Court considers that the claim or objection was designedly or unnecessarily delayed. 
(2) All questions (including questions relating to right, title or interest in the property attached) arising 
between the parties to a proceeding or their representatives under this rule and relevant to the adjudication of 
the claim or objection, shall be determined by the Court dealing with the claim or objection and not by a 
separate suit. 

(3) Upon the determination of the questions referred to in sub-rule (2), the Court shall, in accordance 

with such determination,—  

(a) allow the claim or objection and release the property from attachment either wholly or to such 

extent as it thinks fit; or 

(b) disallow the claim or objection; or 
(c)  continue  the  attachment  subject  to  any  mortgage,  charge  or  other  interest  in  favour  of  any 

person; or 

(d) pass such order as in the circumstances of the case it deems fit. 

(4) Where any claim or objection has been adjudicated upon under this rule, order made thereon shall 

have the same force and be subject to the same conditions as to appeal or otherwise as if it were a decree. 

(5) Where a claim or an objection is preferred and the Court, under the proviso to sub-rule (I), refuses 
to entertain it, the party against whom such order is made may institute a suit to establish the right which 
he claims to the property in dispute; but, subject to the result of such-suit, if any, an order so refusing to 
entertain the claim or objection shall be conclusive. 

59.  Stay  of  sale.—Where  before  the  claim  was  preferred  or  the  objection  was  made,  the  property 

attached had already been advertised for sale, the Court may—  

(a) if the property is movable, make an order postponing the sale pending the adjudication of the 

claim or objection, or 

(b)  if  the  property  is  immovable,  make  an  order  that,  pending  the  adjudication  of  the  claim  or 
objection, the property shall not be sold, or that pending such adjudication, the property may be sold 
but the sale shall not be confirmed, 

and any such order may be made subject to such terms and conditions as to security or otherwise as the 
Court thinks fit.] 

60.  [Release  of  property  from  attachment.]  Omitted  by  the  Code  of  Civil  Procedure  (Amendment)             

Act, 1976 (104 of 1976), s. 72 (w.e.f. 1-2-1977). 

61. [Disallowance of claim to property attached.] omitted by s. 72, ibid. (w.e.f. 1-2-1977).   
62. [Continuance of attachment subject to claim of incumbrancer.] omitted by s. 72, ibid. (w.e.f. 1-2-

1977). 

63. [Saving of suits to establish right to attached property.] omitted by s. 72, ibid. (w.e.f. 1-2-1977).] 

1. Subs. by Act 104 of 1976, s. 72, for rule 57 (w.e.f. 1-2-1977). 
2. Subs. by s. 72, ibid., for the sub heading “Investigation of claims and objections” and for rules 58 to 63 (w.e.f. 1-2-1977). 

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64. Power to order property attached to be sold and proceeds to be paid to person entitled.—Any 
Court  executing  a  decree  may  order  that  any  property  attached  by  it  and  liable  to  sale,  or  such  portion 
thereof as may see necessary to satisfy the decree, shall be sold, and that the proceeds of such sale,  or a 
sufficient portion thereof, shall be paid to the party entitled under the decree to receive the same. 

65.  Sales  by  whom  conducted  and  how  made.—save  as  otherwise  prescribed,  every  sale  in 
execution of a decree shall be conducted by an officer of the Court or by such other person as the Court 
may appoint in this behalf, and shall be made by public auction in manner prescribed. 

66.  Proclamation  of  sales  by  public  auction.—(1)  Where  any  property  is  ordered  to  be  sold  by 
public auction in execution of a decree, the Court shall cause a proclamation of the intended sale to be 
made in the language of such Court. 

(2)  Such  proclamation shall  be  drawn  up  after  notice to  the  decree-holder  and  the judgment-debtor 

and shall state the time and place of sale, and specify as fairly and accurately as possible—  

(a)  the  property  to  be  sold  1[or,  where  a  part  of  the  property  would  be  sufficient  to  satisfy  the 

decree, such part]; 

(b) the revenue assessed upon the estate or past of the estate, where the property to be sold is an 

interest in an estate or in part of an estate paying revenue to the Government; 

(c) any incumbrance to which the property is liable; 

(d) the amount for the recovery of which the sale is ordered; and 

(e) every other thing which the Court considers material for a purchaser to know in order to judge 

of the nature and value of the property: 

1[Provided that where notice of the date for settling the terms of the proclamation has been given to 
the judgment-debtor by means of an order under rule 54, it shall not be necessary to give notice under this 
rule to the judgment-debtor unless the Court otherwise directs: 

Provided  further  that  nothing  in  this  rule  shall  be  construed  as  requiring  the  Court  to  enter  in  the 
proclamation of sale its own estimate of the value of the property, but the proclamation shall include the 
estimate, if any, given, by either or both of the Parties. 

 (3) Every application for an order for sale under this rule shall be accompanied by a statement signed 
and  verified  in  the  manner  hereinbefore  prescribed  for  the  signing  and  verification  of  pleadings  and 
containing, so far as they are known to or can be ascertained by the person making the varification, the 
matters required by sub-rule (2) to be specified in the proclamation. 

(4)  For  the  purpose  of  ascertaining  the  matters  to  be  specified  in  the  proclamation,  the  Court  may 
summon any person whom it thinks necessary to summon and may examine him in respect to any such 
matters and require him to produce any document in his possession or power relating thereto. 

67. Mode of making proclamation.—(1) Every proclamation shall be made and published, as nearly 

as may be, in the manner prescribed by rule 54, sub-rule (2). 

(2) Where the Court so directs, such proclamation shall also be published in the Official Gazette or in 

a local newspaper, or in both, and the costs of such publication shall be deemed to be costs of the sale. 

(3) Where property is divided into lots for the purpose of being sold separately, it shall not be necessary 
to make a separate proclamation for each lot, unless proper notice of the sale cannot, in the opinion of the 
Court, otherwise be given. 

1. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977). 

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68. Time of sale.—Save in the case of property of the kind described in the proviso to rule 43, no sale 
hereunder  shall,  without  the  consent  in  writing  of  the  judgment-debtor,  take  place  until  after  the 
expiration of at least 1[fifteen days] in the case of immovable property, and of at least 2[seven days] in the 
case  of  movable  property,  calculated  from  the  date  on  which  the  copy  of  the  proclamation  has  been 
affixed on the court-house of the Judge ordering the sale. 

69.  Adjournment  or  stoppage  of  sale.—(1)  The  Court  may,  in  its  discretion,  adjourn  any  sale 
hereunder  to  a  specified  day  and  hour,  and  the  officer  conducting  any  such  sale  may  in  his  discretion 
adjourn the sale, recording his reasons for such adjournment : 

Provided  that,  where  the  sale  is  made  in,  or  within  the  precincts  of,  the  court-house,  no  such 

adjournment shall be made without the leave of the Court. 

(2)  Where  a  sale  is  adjourned  under  sub-rule  (1)  for  a  longer  period  than  3[thirty]  days  afresh 

proclamation under rule 67 shall be made, unless the judgment-debtor consents to waive it. 

(3) Every sale shall be stopped if, before the lot is knocked down, the debt and costs (including the 
costs of the sale) are tendered to the officer conducting the sale, or proof is given to his satisfaction that 
the amount of such debt and costs has been paid into the Court which ordered the sale. 

70. [Saving of certain sales.] Omitted by the Code of Civil Procedure (Amendment) Act, 1956 (66 of 

1956), s. 14 (w.e.f. 1-1-1957). 

71.  Defaulting  purchaser  answerable  for  loss  on  re-sale.—Any  deficiency  of  price  which  may 
happen on a re-sale by reason of the purchaser's default, and all expenses attending such re-sale, shall be 
certified  to  the  Court  4***  by  the  officer  or  other  person  holding  the  sale,  and  shall,  at  the  instance  of 
either the decree-holder or the judgment-debtor, be recoverable from the defaulting purchaser under the 
provisions relating to the execution of a decree for the payment of money. 

72. Decree holder not to bid for or buy property without permission.—(1) No holder of a decree 
in  execution  of  which  property  is  sold  shall,  without  the  express  permission  of  the  Court,  bid  for  or 
purchase the property. 

(2)  Where  decree-holder  purchases,  amount  of  decree  may  be  taken  as  payment.—Where  a 
decree-holder  purchases  with  such  permission,  the  purchase-money  and  the  amount  due  on  the  decree 
may, subject to the provisions of section 73, be set off against one another, and the Court executing the 
decree shall enter up satisfaction of the decree in whole or in part accordingly. 

 (3) Where a decree-holder purchases, by himself or through another person, without such permission, 
the Court may, if it thinks fit, on the application of the judgment-debtor or any other person whose interests 
are  affected  by  the  sale,  by  order  set  aside  the  sale;  and  the  costs  of  such  application  and  order,  and  any 
deficiency of price which may happen on the re-sale and all expenses attending it, shall be paid by the decree-
holder. 

5[72A. Mortgagee not to bid at sale without the leave of the Court.—(/) Notwithstanding anything 
contained  in  rule  72,  a  mortgagee  of  immovable  property  shall  not  bid  for  or  purchase  property  sold  in 
execution of a decree on the mortgage unless the Court grants him leave to bid for or purchase the property. 

(2) If leave to bid is granted to such mortgagee, then the Court shall fix a reserve price as regards the 

mortgagee, and unless the Court otherwise directs, the reserve price shall be—  

(a) not less than the amount then due for principal, interest and costs in respect of the mortgage if 

the property is sold in one lot; and 

(b) in the case of any property sold in lots, not less than such sum as shall appear to the Court to 
be properly attributable to each lot in relation to the amount then due for principal, interest and costs 
on the mortgage. 

1.  Subs. by Act 104 of 1976, s. 72, for “thirty days” (w.e.f. 1-2-1977).  
2.  Subs. by s. 72, ibid., for “fifteen days” (w.e.f. 1-2-1977). 
3. Subs. by s. 72, ibid., for “ seven days” (w.e.f. 1-2-1977). 
4. The words “or to the Collector or subordinate of the Collector, as the case may,” omitted by Act 66 of 1956, s. 14 (w.e.f. 1-1-

1957).  

5. Ins. by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977). 

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(3)  In  other  respects,  the  provisions  of  sub-rules  (2)  and  (3)  of  rule  72  shall  apply  in  relation  to 

purchase by the decree-holder under that rule.] 

73. Restriction on bidding or purchase by officers.—No officer or other person having any duty to 
perform  in  connection  with  any  sale  shall,  either  directly  or  indirectly,  bid  for,  acquire  or  attempt  to 
acquire any interest in the property sold. 

Sale of movable property 

74. Sale of agricultural produce.—(1) Where the property to be sold is agricultural produce, the sale 

shall be held,—  

(a) if such produce is a growing crop, on or near the land on which such crop has grown, or 

(b) if such produce has been cut or gathered, at or near-the threshing floor or place for trading out 

grain or the like or fodder-stack on or in which it is deposited : 

Provided that the Court may direct the sale to be held at the nearest place of public resort, if it is of 

opinion that the Produce is thereby likely to sell to greater advantage. 

(2) Where, on the produce being put up for sale,—  

(a) a fair price, in the estimation of the person holding the sale, is not offered for it, and 

(b) the owner of the produce or a person authorized to act in his behalf applies to have the sale 

postponed till next day or, if a market is held at the place of sale, the next market-day, 

the sale shall be postponed accordingly and shall be then completed, whatever price may be offered for 
the produce. 

75. Special provisions relating to growing crops.—(1) Where the property to be sold is a growing crop 
and the crop from its nature admits of being stored but has not yet been stored, the day of the sale shall be so 
fixed as to admit of its being made ready for storing before the arrival of such day, and the sale shall not be 
held until the crop has been cut or gathered and is ready for storing. 

(2) Where the crop from its nature does not admit of being stored, it may be sold before it is cut and 
gathered, and the purchaser shall be entitled to enter on the land, and to do all that is necessary for the 
purpose of tending and cutting or gathering it. 

76.  Negotiable  instruments  and  shares  in  corporations.—Where  the  property  to  be  sold  is  a 
negotiable instrument or a share in a corporation, the Court may, instead of directing the sale to be made 
by public auction, authorized the sale of such instrument or share through a broker. 

77. Sale by public auction.—(1) Where movable property is sold by public auction the price of each 
lot shall be paid at the time of sale or as soon after as the officer or other person holding the sale directs, 
and in default of payment the property shall forthwith be re-sold. 

(2)  On  payment  of  the  purchase-money,  the  officer  or  other  person  holding  the  sale  shall  grant  a 

receipt for the same, and the sale shall become absolute. 

(3) Where the movable property to be sold is a share in goods belonging to the judgment-debtor and a 
co-owner, and two or more persons, of whom one is such co-owner, respectively bid the same sum for 
such property or for any lot, the bidding shall be deemed to be the bidding of the co-owner. 

78. Irregularity not to vitiate sale, but any person injured may sue.—No irregularity in publishing 
or conducting the sale of movable property shall vitiate the sale; but any person sustaining any injury by 
reason of such irregularity at the hand of any other person may institute a suit against him for compensation 
or (if such other person is the purchaser) for the recovery of the specific property and for compensation in 
default of such recovery). 

79.  Delivery  of  movable  property,  debts  and  shares.—(1)  Where  the  property  sold  is  movable 

property of which actual seizure has been made, it shall be delivered to the purchaser. 

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(2)  Where  the  property  sold  is  movable  property  in  the  possession  of  some  person  other  than  the 
judgment-debtor,  the  delivery  thereof  to  the  purchaser  shall  be  made  by  giving  notice  to  the  person  in 
possession prohibiting him from delivering possession of the property to any person except the purchaser. 

(3)  Where  the  property  sold  is  a  debt  not  secured  by  a  negotiable  instrument,  or  is  a  share  in  a 
corporation,  the  delivery  thereof  shall  be  made  by  a  written  order  of  the  Court  prohibiting  the  creditor 
from  receiving  the  debt  or  any  interest  thereon,  and  the  debtor  from  making  payment  thereof  to  any 
person  except  the  purchaser,  or  prohibiting  the  person  in  whose  name  the  share,  may  be  standing  from 
making  any  transfer  of  the  share  to  any  person  except  the  purchaser,  or  receiving  payment  of  any 
dividend or interest thereon, and the manager, secretary or other proper officer of the corporation from 
permitting any such transfer or making any such payment to any person except the purchaser. 

80. Transfer of negotiable instruments and shares.—(1) Where the execution of a document or the 
endorsement of the party in whose name a negotiable instrument or a share in a corporation is standing is 
required to transfer such negotiable instrument or, share the Judge or such officer as he may appoint in 
this  behalf  may  execute  such  document  or  make  such  endorsement  as  may  be  necessary,  and  such 
execution or endorsement shall have the same effect as an execution or endorsement by the party. 

(2) Such execution or endorsement may be in the following form, namely :— 

A. B. by C.D. Judge of the Court of (or as the case may be) , in a suit by E. F. against A.B. 

(3) Until the transfer of such negotiable instrument or share, the Court may, by order, appoint some 
person to receive any interest or dividend due thereon and to sign a receipt for the same; and any receipt 
so  signed  shall  be  as  valid  and  effectual  for  all  purposes  as  if  the  same  had  been  signed  by  the  party 
himself. 

81. Vesting order in case of other property.—In the case of any movable property not hereinbefore 
provided for, the Court may make an order vesting such property in the purchaser or as he may direct; and 
such property shall vest accordingly. 

Sale of immovable property 

82.  What  Court  may  order  sales.—Sales  of  immovable  property  in  execution  of  decrees  may  be 

ordered by any Court other than a Court of Small Causes. 

83. Postponement of sale to enable judgment-debtor to raise amount of decree.—(1) Where an 
order for the sale of immovable property has been made, if the judgment-debtor can satisfy the Court that 
there is reason to believe that the amount of the decree may be raised by the mortgage or lease or private 
sale of such property, or some part thereof, or of any other immovable property of the judgment-debtor, 
the  Court  may,  on  his application,  postpone  the  sale of the  property  comprised in the  order  for sale on 
such terms and for such period as it thinks proper, to enable him to raise the amount. 

(2)  In  such  case  the  Court  shall  grant  a certificate to  the judgment-debtor authorizing  him  within a 
period  to  be  mentioned  therein,  and  notwithstanding  anything  contained  in  section  64,  to  make  the 
proposed mortgage, lease or sale: 

Provided  that  all  moneys  payable  under  such  mortgage,  lease  or  sale  shall  be  paid,  not  to  the 
judgment-debtor,  but,  save  in  so  far  as  a  decree-holder  is  entitled  to  set-off  such  money  under  the 
provisions of rule 72, into Court: 

Provided also that not mortgage, lease or sale under this rule shall become absolute until it has been 

confirmed by the Court. 

(3) Nothing in this rule shall be deemed to apply to a sale of property directed to be sole in execution 

of a decree for sale in enforcement of a mortgage of, or charge on, such property. 

84.  Deposit  by  purchaser  and  re-sale  on  default.—(1)  On  every  sale  of  immovable  property  the 
person declared to be the purchaser shall pay immediately after such declaration a deposit of twenty-five 
per cent. on the amount of his purchase-money to the officer or other person conducting the sale, and in 
default of such deposit, the property shall forthwith be re-sold. 

(2) Where the decree-holder is the purchaser and is entitled to set-off the purchase-money under rule 

72, the Court may dispense with the requirements of this rule. 

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85.  Time  for  payment  in  full  of  purchase  money.—The  full  amount  of  purchase-money  payable 
shall be paid by the purchaser into Court before the Court closes on the fifteenth day from the sale of the 
property: 

Provided  that,  in  calculating  the  amount  to  be  so  paid  into  Court,  the  purchaser  shall  have  the 

advantage of any set-off to which he may be entitled under rule 72. 

86.  Procedure  in  default  of  payment.—In  default  of  payment  within  the  period  mentioned  in  the 
last preceding rule, the deposit may, if the Court thinks fit, after defraying the expenses of the sale, be 
forfeited to the Government, and the property shall be re-sold, and the defaulting purchaser shall forfeit 
all claim to the property or to any part of the sum for which it may subsequently be sold. 

87.  Notification  on  re-sale.—Every  re-sale  of  immovable  property,  in  default  of  payment  of  the 
purchase-money  within  the  period  allowed  for  such  payment,  shall  be  made  after  the  issue  of  fresh 
proclamation in the manner and for the period hereinbefore prescribed for the sale. 

88.  Bid  of  co-sharer  to  have  preference.—Where  the  property  sold  is  a  share  of  undivided 
immovable property and two or more persons, of whom one is a co-sharer, respectively bid the same sum 
for such property or for any lot, the bid shall be deemed to be the bid of the co-sharer. 

89.  Application  to  set  aside  sale  on  deposit.—(1)  Where  immovable  property  has  been  sold  in 
execution of a decree,  1[any person claiming an interest in the property sold at the time of the sale or at 
the time of making the application, or acting for or in the interest of such person,] may apply to have the 
sale set aside on his depositing in Court,— 

(a) for payment to the purchaser, a sum equal to five per cent. of the purchase-money, and 

(b) for payment, to the decree-holder, the amount specified in the proclamation of sale as that for 
the  recovery  of  which  the  sale  was  ordered,  less  any  amount  which  may,  since  the  date  of  such 
proclamation of sale, have been received by the decree-holder. 

(2) Where a person applies under rule 90 to set aside the sale of his immovable property, he shall not, 

unless he withdraws his application, be entitled to make or prosecute an application under this rule. 

(3)  Nothing  in  this  rule  shall  relieve  the  judgment-debtor  from  any  liability  he  may  be  under  in 

respect of costs and interest not covered by the proclamation of sale. 

2[90. Application to set aside sale on ground of irregularity or fraud.—(1) Where any immovable 
property  has  been  sold  in  execution  of a  decree,  the  decree-holder,  or  the  purchaser,  or  any  other  person 
entitled to share in a rateable distribution of assets, or whose interests are affected by the sale, may apply to 
the Court to set aside the sale on the ground of a material irregularity or fraud in publishing or conducting it. 

(2)  No  sale  shall  be  set  aside  on  the  ground  of  irregularity  or  fraud  in  publishing  or  conducting  it 
unless, upon the facts proved, the Court is satisfied that the applicant has sustained substantial injury by 
reason of such irregularity or fraud. 

(3) No application to set aside a sale under this rule shall be entertained upon any ground which the 

applicant could have taken on or before the date on which the proclamation of sale was drawn up. 

Explanation.—The mere absence of, or defect in, attachment of the property sold shall not, by itself, 

be a ground for setting aside a sale under this rule.] 

91. Application by purchaser to set aside sale on ground of judgment-debtor having no saleable 
interest.—The purchaser at any such sale in execution of a decree may apply to the Court to set aside the 
sale, on the ground that the judgment-debtor had no saleable interest in the property sold. 

92. Sale when to become absolute or be set aside.—(1) Where no application is made under rule 89, 
rule  90  or  rule  91,  or  where  such  application  is  made  and  disallowed,  the  Court  shall  make  an  order 
confirming the sale, and thereupon the sale shall become absolute: 

1. Subs. by Act 104 of 1976, s. 72, for certain words (w.e.f. 1-2-1977). 
2. Subs. by s. 72, ibid., for rule 90 (w.e.f. 1-2-1977). 

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1[Provided that, where any property is sold in execution of a decree pending the final disposal of any 
claim to, or any objection to the attachment of, such property, the Court shall not confirm such sale until 
the final disposal of such claim or objection.] 

(2) Where such application is made and allowed, and where, in the case of an application-under rule 
89, the deposit required by that rule is made within 2[sixty days] from the date of sale, 3[or in cases where 
the amount deposited under rule 89 is found to be deficient owing to any clerical or arithmetical mistake 
on the part of the depositor and such deficiency has been made good within such time as may be fixed by 
the Court, the Court shall make an order setting aside the sale]: 

Provided that no order shall be made unless notice of the application has been given to all persons 

affected thereby: 

4[Provided further that the deposit under this sub-rule may be made within sixty days in all such cases 
where  the  period  of  thirty  days,  within  which  the  deposit  had  to  be  made,  has  not  expired  before  the 
commencement of the Code of Civil Procedure (Amendment) Act, 2002. 

(3) No suit to set aside an order made under this rule shall be brought by any person against whom 

such order is made. 

5[(4) Where a third party challenges the judgment-debtor’s title by filing a suit against the auction-

purchaser, the decree-holder and the judgment-debtor shall be necessary parties to the suit. 

(5) If the suit referred to in sub-rule (4) is decreed, the Court shall direct the decree-holder to refund 
the money to the auction-purchaser, and where such an order is passed the execution proceeding in which 
the sale had been held shall, unless the Court otherwise directs, be revived at the stage at which the sale 
was ordered]. 

93. Return of purchaser-money in certain cases.—Where a sale of immovable property is set aside 
under rule 92, the purchaser shall be entitled to an order for repayment of his purchase-money, with or 
without interest as the Court may direct, against any person to whom it has been paid. 

94. Certificate to purchaser.—Where a sale of immovable property has become absolute, the Court 
shall grant a certificate specifying the property sold and the name of the person who at the time of sale is 
declared to be the purchaser. Such certificate shall bear date the day on which the sale became absolute. 

95. Delivery of property in occupancy of judgment-debtor—Where the immovable property sold 
is in the occupancy of the judgment-debtor or of some person on his behalf or of some person claiming 
under  a  title  created  by  the  judgment-debtor  subsequently  to  the  attachment  of  such  property  and  a 
certificate  in  respect  thereof  has  been  granted  under  rule  94,  the  Court  shall,  on  the  application  of  the 
purchaser, order delivery to be made by putting such purchaser or any person whom he may appoint to 
receive delivery on his behalf in possession of the property, and, if need be, by removing any person who 
refuses to vacate the same. 

96. Delivery of property in occupancy of tenant.—Where the property sold is in the occupancy of a 
tenant or other person entitled  to  occupy  the  same  and  a certificate in respect thereof  has been  granted 
under rule 94, the Court shall, on the application of the purchaser, order delivery to be made by affixing a 
copy of the certificate of sale in some conspicuous place on the property, and proclaiming to the occupant 
by beat of drum or other customary  mode, at some convenient place, that the interest of the judgment-
debtor has been transferred to the purchaser. 

Resistance of delivery of possession to decree-holder or purchaser 

97.  Resistance  or  obstruction  to  possession of immovable  property.—(1) Where the  holder  of a 
decree for the possession of immovable property or the purchaser of any such property sold in execution 
of a decree is resisted or obstructed by any person in obtaining possession of the property, he may make 
an application to the Court complaining of such resistance or obstruction. 

6[(2) Where any application is made under sub-rule (1), the Court shall proceed to adjudicate upon the 

application in accordance with the provisions herein contained.] 

1. Added by Act 104 of 1976, s. 72 (w.e.f. 1-2-1977). 
2. Subs. by Act 22 of 2002, s. 14, for “thirty days” (w.e.f. 1 -7-2002). 
3. Subs. by Act 104 of 1976, s. 72, for “the Court shall make an order setting aside the sale” (w.e.f. 1-2-1977). 
4. Ins. by  Act 22 of 2002, s. 14 (w.e.f. 1 -7 -20 02 ). 
5. In s.  b y  Ac t 104 o f 1976, s . 72  ( w. e. f 1 -2 -1977).  
6. Subs. by s. 72, ibid., for sub-rule (2) (w.e.f. 1-2-1977). 

173 

 
                                                      
1[98.  Orders  after  adjudication.—(1)  Upon  the  determination  of  the  questions  referred  to  in  rule 
101,  the  Court  shall,  in  accordance  with  such  determination  and  subject  to  the  provisions  of  sub-rule 
(2),—  

(a)  make  an  order  allowing  the  application  and  directing  that  the  applicant  be  put  into  the 

possession of the property or dismissing the application; or 

(b) pass such other order as, in the circumstances of the case, it may deem fit. 

(2)  Where,  upon  such  determination,  the  Court  is  satisfied  that  the  resistance  or  obstruction  was 
occasioned without any just cause by the judgment-debtor or by some other person at his instigation or on 
his  behalf,  or  by  any  transferee,  where  such  transfer  was  made  during  the  pendency  of  the  suit  or 
execution proceeding, it shall direct that the applicant be put into possession of the property, and where 
the applicant is still resisted or obstructed in obtaining possession, the Court may also, at the instance of 
the  applicant,  order  the judgment-debtor,  or  any  person  acting  at  his instigation  or  on  his  behalf,  to  be 
detained in the civil prison for a term which may extend to thirty days. 

99. Dispossession by decree-holder or purchaser.—(1) Where any person other than the judgment-
debtor  is  dispossessed  of  immovable  property  by  the  holder  of  a  decree  for  the  possession  of  such 
property or, where such property has been sold in execution of a decree, by the purchaser thereof, he may 
make an application to the Court complaining of such dispossession. 

(2) Where any such application is made, the Court shall proceed to adjudicate upon the application in 

accordance with the provisions herein contained. 

100. Order to be passed upon application complaining of dispossession.—Upon the determination of 

the questions referred to in rule 101, the Court shall, in accordance with such determination,— 

(a)  make  an  order  allowing  the  application  and  directing  that  the  applicant  be  put  into  the 

possession of the property or dismissing the application; or 

(b) pass such other order as, in the circumstances of the case, it may deem fit. 

101.  Question  to  be  determined.—All  questions  (including  questions  relating  to  right,  title  or 
interest in the property) arising between the parties to a proceeding on an application under rule 97 or rule 
99 or their representatives, and relevant to the adjudication of the application, shall be determined by the 
Court  dealing  with  the  application  and  not  by  a  separate  suit  and  for  this  purpose,  the  Court  shall, 
notwithstanding  anything  to  the  contrary  contained  in  any  other  law  for  the  time  being  in  force,  be 
deemed to have jurisdiction to decide such questions. 

102. Rules not applicable to transferee lite pendente.—Nothing in rules 98 and 100 shall apply to 
resistance or obstruction in execution of a decree for the possession of immovable property by a person to 
whom  the  judgement-debtor  has  transferred  the  property  after  the  institution  of  the  suit  in  which  the 
decree was passed or to the dispossession of any such person. 

Explanation.—In this rule, “transfer” includes a transfer by operation of law. 
103. Orders to be treated as decrees.—Where any application has been adjudicated upon under rule 
98 or rule 100, the order made thereon shall have the same force and be subject to the same conditions as 
to an appeal or otherwise as if it were a decree.] 

2[104. Orders under rule 101 or rule 103 to be subject to the result or pending suit.—Every order 
made under rule 101 or rule 103 shall subject to the result of any suit that may be pending on the date of 
commencement of the proceeding in which such order, is made if in such suit the party against whom the 
order under rule 101 or rule 103 is made has sought to establish a right which he claims to the present 
possession of the property. 

105.  Hearing  of  application.—(1)  The  Court,  before  which  an  application  under  any  of  the 

foregoing rules of this Order is pending, may fix a day for the hearing of the application. 

(2) Where on the day fixed or on any other day to which the hearing may be adjourned the applicant 
does not appear when the case is called on for hearing, the Court may make an order that the application 
be dismissed. 

1. Subs. by Act 104 of 1976, s. 72, for rules 98 to 103 (w.e.f. 1-2-1977). 
2. Ins. by s. 72, ibid. (w.e.f. 1-2-1977). 

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(3)  Where  the  applicant  appears  and the  opposite  party  to  whom  the  notice  has been  issued  by  the 

Court does not appear, the Court may hear the application ex parte and pass such order as it thinks fit. 

Explanation.—An  application  referred  to  in  sub-rule  (1)  includes  a  claim  or  objection  made  under      

rule 58. 

106. Setting aside orders passed ex parte, etc.—(1) The applicant, against whom an order is made 
under sub-rule (2) rule 105 or the opposite party against whom an order is passed ex parte under sub-rule 
(3) of that rule or under sub-rule (1) of rule 23, may apply to the Court to set aside the order, and if he 
satisfies the Court that there was sufficient cause for his non-appearance whom the application was called 
on for hearing, the Court shall set aside the order or such terms as to costs or otherwise as it thinks fit, and 
shall appoint a day for the further hearing of the application. 

(2) No order shall be made on an application under sub-rule (1) unless notice of the application has 

been served on the other party. 

(3) An application under sub-rule (1) shall be made within thirty days from the date of the order, or 
where, in the case of an ex parte order, the notice was not duly served, within thirty days from the date 
when applicant had knowledge of the order.] 

Uttar Pradesh 

STATE AMENDMENT 

Amendment  of  Order  XXI.—  In  the  First  Schedule,  in  Order  XXI,  rule  104,  rule  105 
and rule 106 as inserted by Allahabad High Court shall be re-numbered as rule  106-A, 
rule 106-B and rule 106-C respectively. 

[Vide Uttar Pradesh Act 57 of 1976, s. 10] 

ORDER XXII 

Death, Marriage and Insolvency or Parties 

1. No abatement by party's death if right to sue survives.—The death of a plaintiff or defendant 

shall not cause the suit to abate if the right to sue survives. 

2.  Procedure  where  one  of  several  plaintiffs  or  defendants  dies  and  right  to  sue  survives.—
Where there are more plaintiffs or defendants than one, and any of them dies, and where the right to sue 
survives  to  the  surviving  plaintiff  or  plaintiffs  alone,  or  against  the  surviving  defendant  or  defendants 
alone, the Court shall cause an entry to the effect to be made on the record,. and the suit shall proceed at 
the instance of the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants. 

3. Procedure in case of death of one of several plaintiffs or of sole plaintiff.—(1) Where one of two 
or more plaintiffs dies and the right to sue does not survive to the surviving plaintiff or plaintiffs alone, or a 
sole plaintiff or sole surviving plaintiff dies and the right to the sue survives, the Court, on an application 
made in that behalf, shall cause the legal representative of the deceased plaintiff to be made a party and shall 
proceed with the suit. 

(2)  Where  within  the  time  limited  by  law  no  application  is  made  under  sub-rule  (1),  the  suit  shall 
abate so far as the deceased plaintiff is concerned, and, on the application of the defendant, the Court may 
award to him the costs which he may have incurred in defending the suit, to be recovered from the estate 
of the deceased plaintiff. 

4. Procedure in case of death of one of several defentlants or of sole defendant.—(1) Where one 
of two or more defendants dies and the right to sue does not survive against the surviving defendant or 
defendants alone or a sole defendant or sole surviving defendant dies and the right to sue survives, the 
Court,  on  an  application  made  in  that  behalf,  shall  cause  the  legal  representative  of  the  deceased 
defendants to be made a party and shall proceed with the suit. 

(2)  Any  person  so  made  a  party  may  make  any  defence  appropriate  to  his  character  as  legal 

representative of the deceased defendant. 

(3)  Where  within  the  time  limited  by  law  no  application  is  made  under  sub-rule  (1),  the  suit  shall 

abate as against the deceased defendant. 

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1[(4) The Court whenever it thinks fit, may exempt the plaintiff from the necessity of substituting the 
legal representatives of any such defendant who has failed to file a written statement or who, having filed 
it, has failed to appear and contest the suit at the hearing; and judgment may, in such case, be pronounced 
against the said defendant notwithstanding the death of such defendant and shall have the same force and 
effect as if it has been pronounced before death took place. 

(5) Where— 

(a) the plaintiff was ignorant of the death of a defendant, and could not, for that reason, make an 
application  for  the  substitution  of  the  legal  representative  of  the  defendant  under  this  rule  within  the 
period specified in the Limitation Act, 1963 (36 of 1963), and the suit has, in consequence, abated, and 

(b)  the  plaintiff  applies  after  the  expiry  of  the  period  specified  therefore  in  the  Limitation  Act, 
1963 (36 of 1963), for setting aside the abatement and also for the admission of that application under 
section 5 of that Act on the ground that he had, by reason of such ignorance, sufficient cause for not 
making the application with the period specified in the said Act, 

the Court shall, in considering the application under the said section 5, have due regard to the fact of such 
ignorance, if proved.] 

2[4A. Procedure where there is no legal representative.—(1) If, in any suit, it shall appear to the Court 
that any party who has died during the pendency of the suit has no legal representative, the Court may, on the 
application of any party to the suit, proceed in the absence of a person representing the estate of the deceased 
person, or may be order appoint the Administrator-General, or an officer of the Court or such other person as it 
thinks fit to represent the estate of the deceased person for the purpose of the suit; and any judgment or order 
subsequently given or made in the suit shall bind the estate of the deceased person to the same extent as he 
would have been bound if a personal representative of the deceased person had been a party to the suit. 

(2) Before making an order under this rule, the Court— 

(a) may require notice of the application for the order to be given to such (if any) of the persons 

having an interest in the estate of the deceased person as it thinks fit; and 

(b) shall as certain that the person proposed to be appointed to represent the estate of the deceased 

person is willing to be so appointed and has no interest adverse to that of the deceased person.] 

5.  Determination  of  question  as  to  legal  representative.—Where  a  question  arises  as  to  whether 
any  person  is  or  is  not  the  legal  representative  of  a  deceased  plaintiff  or  a  deceased  defendant,  such 
question shall be determined by the Court: 

1[Provided  that  where  such  question  arises  before  an  Appellate  Court,  that  Court  may,  before 
determining  the  question,  direct  any  subordinate  Court  to  try  the  question  and  to  return  the  records 
together with evidence, if any, recorded at such trial, its findings and reasons therefor, and the Appellate 
Court may take the same into consideration in determining the question.] 

6.  No  abatement  by  reason  of  death  after  hearing.—Notwithstanding  anything  contained  in  the 
foregoing rules,  whether  the  cause  of action survives or not,  there shall be  no  abatement  by reason  of the 
death  of  either  party  between  the  conclusion  of  the  hearing  and  the  pronouncing  of  the  judgment,  but 
judgment may in such case be pronounced notwithstanding the death and shall have the same force and effect 
as if it had been pronounced before the death took place. 

7.  Suit  not  abated  by  marriage  of  female  party.—(1)  The  marriage  of  a  female  plaintiff  or 
defendant  shall  not  cause  the  suit  to  abate,  but  the  suit  may  notwithstanding  be  proceeded  with  the 
judgment, and, where the decree is against a female defendant, it may be executed against her alone. 

(2) Where the husband is by law liable for the debts of his wife, the decree may, with the permission 
of the Court, be executed against the husband also; and, in case of judgment for the wife, execution of the 

1. Ins. by Act 104 of 1976, s. 73 (w.e.f. 1-2-1977). 
2. Ins. by Act 104 of 1976, s. 73 (w.e.f. 1-2-1977). 

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decree may, with such permission, be issued upon the application of the husband, where the husband is by 
law entitled to the subject-matter of the decree. 

8.  When  plaintiff's  insolvency  bars  suit.—(1)  The  insolvency  of  a  plaintiff  in any  suit  which the 
assignee or receiver might maintain for the benefit of his creditors, shall not cause the suit to abate, unless 
such  assignee  or  receiver  declines  to  continue  the  suit  or  (unless  for  any  special  reason  the  Court 
otherwise directs) to give security for the costs thereof within such time as the Court may direct. 

(2)  Procedure  where  assignee  fails  to  continue  suit,  or  give  security.—Where  the  assignee  or 
receiver neglects or refuses to continue the suit and to give such security within the time so ordered, the 
defendant may apply for the dismissal of the suit on the ground of the plaintiff's insolvency, and the Court 
may make an order dismissing the suit an awarding to the defendant the costs which he has incurred in 
defending the same to be proved as a debt against the plaintiff’s estate. 

9. Effect of abatement or dismissal.—(1) Where a suit abates or is dismissed under this Order, no 

fresh suit shall be brought on the same cause of action. 

(2)  The  plaintiff  or  the  person  claiming  to  be  the  legal  representative  of  a  deceased  plaintiff  or  the 
assignee or the receiver in the case of an insolvent plaintiff may apply for an order to set aside the abatement 
or dismissal; and if it is proved that he was prevented by any sufficient cause from continuing the suit, the 
Court shall set aside the abatement or dismissal upon such terms as to costs or otherwise as it thinks fit. 

(3)  The  provisions  of  Section  5  of  the  1[Indian  Limitation  Act,  1877  (15  of  1877)]  shall  apply  to 

applications under sub-rule (2). 

2[Explanation.—Nothing in this rule shall be construed as barring, in any later suit, a defence based 
on  the  facts  which  constituted  the  cause  of  action  in  the  suit  which  had  abated  or  had  been  dismissed 
under this Order.] 

10.  Procedure  in  case  of  assignment  before  final  order  in  suit.—(1)  In  other  cases  of  an 
assignment, creation or devolution of any interest during the pendency of a suit, the suit may, by leave of 
the Court, be continued by or against the person to or upon whom such interest has come or devolved. 

(2) The attachment of a decree pending an appeal therefrom shall be deemed to be an interest entitling 

the person who procured such attachment to the benefit of sub-rule (1). 

 2[10A.  Duty  of  pleader  to  communicate  to  Court  death  of  a  party.—Wherever  a  pleader 
appearing for a party to the suit comes to know of the death of that party, he shall inform the Court about 
it, and the Court shall thereupon give notice of such death to the other party, and, for this purpose, the 
contract between the pleader and the deceased party shall be deemed to subsist.] 

11. Application of Order to appeals.—In the application of this Order to appeals, so far as may be, 
the  word  “Plaintiff”  shall  be  held  to  include  an  appellant,  the  word  “defendant”  a  respondant,  and  the 
word “suit”an appeal. 

12. Application of Order to proceedings.—Nothing in rules 3, 4 and 8 shall apply to proceedings in 

execution of a decree or order. 

ORDER XXIII 
Withdrawal and Adjustment of Suits 

3[1. Withdrawal of suit or abandonment of part of claim.—(1) At any time after the institution 
of a suit, the plaintiff may as against all or any of the defendants abandon his suit or abandon a part of 
his claim: 

Provided  that  where  the  plaintiff  is  a  minor  or  other  person  to  whom  the  provisions  contained  in 
rules 1 to 14 of Order XXXII extend, neither the suit nor any part of the claim shall be abandoned without 
the leave of the Court. 

1. See now the Limitation Act, 1973 (36 of 1963), ss. 4 and 5. 
2. Ins. by Act 104 of 1976, s. 73 (w.e.f 1-2-1977). 
3. Subs. by s. 74, ibid., for rule 1 (w.e.f. 1-2-1977). 

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(2) An application for leave under the proviso to sub-rule (1) shall be accompanied by an affidavit 
of the next friend and also, if the minor or such other person is represented by a pleader, by a certificate of 
the pleader to the effect that the abandonment proposed is, in his opinion, for the benefit of the minor or 
such other person. 

(3) Where the Court is satisfied,— 

(a) that a suit must fail by reason of some formal defect, or 

(b)  that  there  are  sufficient  grounds  for  allowing  the  plaintiff  to  institute  a  fresh  suit  for  the 

subject matter of suit or part of a claim, 

It may, on such terms as it thinks fit grant the plaintiff permission to withdraw from such suit or such part 
of the claim with liberty to institute a fresh suit in respect of the subject-matter of such suit or such part of 
the claim. 

(4) Where the plaintiff— 

(a) abandons any suit or part of claim under sub-rule (1), or 

(b) withdraws from a suit or part of a claim without the permission referred to in sub-rule (3), 

he shall be liable for such costs as the Court may award and shall be precluded from instituting any fresh 
suit in respect of such subject-matter or such part of the claim. 

(5) Nothing in this rule shall be deemed to authorise the Court to permit one of several plaintiffs to 
abandon a suit or part of a claim under sub-rule (1), or to withdraw, under sub-rule (3), any suit or part of 
a claim, without the consent of the other plaintiff.] 

1[1A.When  transposition  of  defendants  as  plaintiffs  may  be  permitted.—Where  a  suit  is 
withdrawn or abandoned by a plaintiff under rule 1, and a defendant applies to be transposed as a plaintiff 
under rule 10 of Order I the Court shall, in considering such application, have due regard to the question 
whether the applicant has a substantial question to be decided as against any of the other defendants.] 

2.  Limitation  law  not  affected  by  first  suit.—In  any  fresh  suit  instituted  on  permission  granted 
under the last preceding rule, the plaintiff shall be bound by the law of limitation in the same manner as if 
the first suit had not been instituted. 

3.  Compromise  of  suit.—Where  it  is  proved  to  the  satisfaction  of  the  Court  that  a  suit  has  been 
adjusted wholly or in part by any lawful agreement or compromise 1[in writing and signed by the parties] 
or where the defendant satisfied the plaintiff in respect  to the whole or any part of the subject-matter of 
the suit, the Court shall order such agreement, compromise or satisfaction to be recorded, and shall pass a 
decree in accordance therewith  2[so far as it relates to the parties to the suit, whether or not the subject-
matter of the agreement, compromise or satisfaction is the same as the subject-matter of the suit:] 

1[Provided  that  where  it  is  alleged  by  one  party  and  denied  by  the  other  that  an  adjustment  or 
satisfaction has been arrived at, the Court shall decide the question; but not adjournment shall be granted 
for the purpose of deciding the question, unless the Court, for reasons to be recorded, thinks fit to grant 
such adjournment.] 

1[Explanation.— An agreement or compromise which is void or voidable under the Indian Contract 

Act, 1872 (9 of 1872), shall not he deemed to be lawful within the meaning of this rule.] 

1[3A. Bar to suit.—No suit shall lie to set aside a decree on the ground that the compromise on which 

the decree is based was not lawful. 

3B.  No  agreement  or  compromise  to  be  entered  in  a  representative  suit  without  leave  of 
Court.—(1) No agreement or compromise in a representative suit shall be entered into without the leave 
of the Court expressly recorded in the proceedings; and any such agreement or compromise entered into 
without the leave of the Court as recorded shall be void. 

(2) Below granting such leave, the Court shall give notice in such manner as it may think fit to such 

persons is as may appear to it to be interested in the suit. 

1. Ins. by Act 104 of 1976, s. 74 (w.e.f. 1-2-1977). 
2. Subs. by s. 74, ibid., for certain words (w.e.f. 1-2-1977). 

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Explanation.—In this rule, “representative suit” means,— 

(a) a suit under Section 91 or Section 92, 

(b) a suit under rule 8 of Order I, 

(c) a suit in which the manager of an undivided Hindu family sues or is sued as representing the 

other members of the family, 

(d) any other suit in which the decree passed may, by virtue of the provisions of this Code or of 

any other law for the time being in force, bind any person who is not named as party to the suit.] 

4.  Proceedings  in  execution  of  decrees  not  affected.—Nothing  in  this  Order  shall  apply  to  any 

proceedings in execution of a decree or order. 

ORDER XXIV 

Payment into Court 

1. Deposit by defendant of amount in satisfaction of claim.—The defendant in any suit to recover a 
debt  or  damages  may,  at  any  stage  of  the  suit,  deposit  in  Court  such  sum  of  money  as  he  considers  a 
satisfaction in full of the claim. 

2. Notice of deposit.—Notice of the deposit shall be given through the Court by the defendant to the 
plaintiff, and the amount of the deposit shall (unless the Court otherwise directs) be paid to the plaintiff 
on his application. 

3.  Interest  on  deposit  not  allowed  to  plaintiff  after  notice.—No  interest  shall  be  allowed  to  the 
plaintiff on any sum deposited by the defendant from the date of the receipt of such notice, whether the 
sum deposited is in full of the claim or falls short thereof. 

4.  Procedure  where  plaintiff  accepts  deposit  as  satisfaction  in  part.—(1)  Where  the  plaintiff 
accepts such amount as satisfaction in part only of his claim, he may prosecute his suit for the balance; 
and, if the Court decides that the deposit by the defendant was a full satisfaction of the plaintiff's claim, 
the  plaintiff  shall  pay  the  costs  of  the  suit  incurred  after  the  deposit  and  the  costs  incurred  previous 
thereto, so far as they were caused by excess in the plaintiff's claim. 

(2) Procedure where he accepts it as satisfaction in full.—Where the plaintiff accepts such amount as 
satisfaction in full of his claim, he shall present to the Court a statement to that effect, and such statement 
shall be filed and the Court shall pronounce judgment accordingly; and, in directing by whom the costs of 
each party are to be paid, the Court shall consider which of the parties is most to blame for the litigation. 

Illustrations 

(a) A owes B Rs. 100. B. sues A for the amount, having made no demand for payment and having no reason to believe 
that the delay caused by making a demand would place him at a disadvantage. On the plaint being filed, A pays the money into 
Court, B accepts it in full satisfaction of his claim, but the Court should not allow him any costs, the litigation being presumably 
groundless on his part. 

(h)  B  sues  A  under  the  circumstances  mentioned  in  illustration  (a).  On  the  plaint  being  filed,  A  disputes  the  claim 
Afterwards A pays the money into Court. B accepts in full satisfaction of his claim. The Court should also give B his cast of suit. 
A's conduct having shown that the litigation was necessary. 

(c) A owes B Rs. 100, and is willing to pay him that sum without suit.- B claims Rs. 150 and sues A for that amount. On the plaint 
being filed, A pays Rs. 100 into Court and disputes only his liability to pay the remaining Rs. 50. B accepts the Rs. 100 in full satisfaction of 
his claim. The Court should order him to pay A's costs. 

ORDER XXV 

Security for Costs 

1[1. When security for costs may be required from plaintiff.—(1) At any stage of a suit, the Court 
may, either of its own motion or on the application of any defendant, order the plaintiff, for reasons to be 

1. Subs. by Act 66 of 1956, s. 14, for rule 1 (w.e.f. 1-1-1957).   

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recorded, to give within the time fixed by it security for the payment of all costs incurred and likely to be 
incurred by any defendant: 

Provided that such an order shall be made in all cases in which it appears to the Court that a sole 
plaintiff is, or (when there are more plaintiffs than one) that all the plaintiffs are, residing out of India and 
that such plaintiff does not possess or that no one of such plaintiffs possesses any sufficient immovable 
property within India other than the property in suit. 

(2) Whoever leaves  India under such circumstances as  to  afford  reasonable  probability  that  he  will 
not be forthcoming whenever he may be called upon to pay costs shall be deemed to be residing out of 
India within the meaning of the proviso to sub-rule (1)]. 

2. Effect of failure to furnish security.—(1) In the event of such security not being furnished within 
the  time  fixed,  the  Court  shall  make  an  order  dismissing  the  suit  unless  the  plaintiff  or  plaintiffs  are 
permitted to withdraw therefrom. 

(2) Where a suit is dismissed under this rule, the plaintiff may apply for an order to set the dismissal 
aside and, if it is proved to the satisfaction of the Court that he was prevented by any sufficient cause from 
furnishing the security within the time allowed, the Court shall set aside the dismissal upon such terms as 
to security; costs or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit. 

(3)  The  dismissal  shall  not  be  set  aside  unless  notice  of  such  application  has  been  served  on  the 

defendant. 

ORDER XXVI 
COMMISSIONS 

Commissions to examine witnesses 

1. Cases in which Court may issue commission to examine witness.—Any Court may in any suit 
issue a commission for the examination on interrogatories or otherwise of any person resident within the 
local limits of its jurisdiction who is exempted under this Code from attending the Court or who is from 
sickness or infirmity unable to attend it: 

1[Provided  that  a  commission  for  examination  on  interrogatories  shall  not  be  issued  unless  the 

Court, for reasons to be recorded, thinks it necessary so to do. 

Explanation.—The  Court  may,  for  the  purpose  of  this  rule,  accept  a  certificate  purporting  to  be 
signed by a registered medical practitioner as evidence of the sickness or infirmity of any person, without 
calling the medical practitioner as a witness.] 

2. Order for commission.—An order for the issue of a commission for the examination of a witness 
may  be  made  by  the  Court  either  of  its  own  motion  or  on  the  application,  supported  by  affidavit  or 
otherwise, of any party to the suit or of the witness to be examined. 

3.  Where  witness  resides  within  Court’s  jurisdiction.—A  commission  for  the  examination  of  a 
person who resides within the local limits of the jurisdiction of the Court issuing the same may be issued 
to any person whom the Court thinks fit to execute it. 

4. Persons for whose examination commission may issue.—(1) Any Court may in any suit issue a 

commission 2[for the examination on interrogatories or otherwise of—] 

(a) any person resident beyond the local limits of its jurisdiction; 

(b)  any  person  who  is  about  to  leave  such  limits  before  the  date  on  which  he  is  required  to  be 
examined in Court; and 

1. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977). 
2. Subs. by s. 75, ibid., for “for the examination of” (w.e.f. 1-2-1977). 

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(c) 1[any person in the service of the Government] who cannot in the opinion of the Court, attend 
without detriment to the public service: 

1[Provided that where, under rule 19 of Order XVI, a person cannot be ordered to attend a Court in 
person, a commission shall be issued for his examination if his evidence is considered necessary in the 
interests of justice: 

Provided  further that  a  commission  for  examination of  such  person  on  interrogatories  shall  not  be 

issued unless the Court, for reasons to be recorded, thinks it necessary so to do.] 

(2) Such commission may be issued to any Court, not being a High Court, within the local limits of 
whose  jurisdiction  such  person  resides,  or  to  any  pleader  or  other  person  whom  the  Court  issuing  the 
commission may appoint. 

(3) The Court on issuing any commission under this rule shall direct whether the commission shall be 

returned to itself or to any subordinate Court. 

2[4A.  Commission  for  examination  of  any  person  resident  within  the  local  limits  of  the 
jurisdiction  of  the  Court.—Notwithstanding  anything  contained  in  these  rules,  any  court  may,  in  the 
interest of justice or for the expeditious disposal of the case or for any other reason, issue commission in 
any suit for the examination, on interrogatories or otherwise, of any person resident within the local limits 
of its jurisdiction, and the evidence so recorded shall be read in evidence.] 

5.  Commission  or  request  to  examine  witness  not  within  India.—Where  any  Court  to  which 
application is made for the issue of a commission for the examination of a person residing at any place 
not  within  3[India]  is  satisfied  that  the  evidence  of  such  person  is  necessary,  the  Court  may  issue  such 
commission or a letter of request. 

6. Court to examine witness pursuant to Commission.—Every Court receiving a commission for 

the examination of any person shall examine him or cause him to be examined pursuant thereto. 

7.  Return  of  commission  with  depositions  of  witnesses.—Where  a  commission  has  been  duly 
executed, it shall be returned, together with the evidence taken under it, to the Court from which it was 
issued, unless the order for issuing the commission has otherwise directed, in which case the commission 
shall be returned in terms of such order; and the commission and the returned thereto and the evidence 
taken under it shall 4[(subject to the provisions of rule 8)] from part of the record of the suit. 

8. When depositions may be read in evidence.—Evidence taken under a commission shall not be 

read as evidence in the suit without the consent of the party against whom the same is offered, unless—  

(a) the person who gave the evidence is beyond the jurisdiction of the Court, or dead or unable 
from  sickness  or  infirmity  to  attend  to  be  personally  examined,  or  exempted  from  personal 
appearance in Court, or is a 5[person in the service of the Government] who cannot, in the opinion of 
the Court, attend without detriment to the public service, or 

(b)  the  Court  in  its  discretion  dispenses  with  the  proof  of  any  of  the  circumstances  mentioned  in 
clause (a)and authorizes the evidence of any person being read as evidence in the suit, notwithstanding 
proof that the cause for taking such evidence by commission has ceased at the time of reading the same. 

Commissions for local investigations 

9.  Commissions  to  make  local  investigations.—In  any  suit  in  which  the  Court  deems  a  local 
investigation  to  be  requisite  or  proper  for  the  purpose  of  elucidating  any  matter  in  dispute,  or  of 
ascertaining the market-value of any property, or the amount of any mesne profits or damages or annual 
net profits, the Court may issue a commission to such person as it thinks fit directing him to make such 
investigation and to report thereon to the Court: 

1. Subs. by the A.O 1937, for “any civil or military officer of the Government”. 
2. Ins. by Act 46 of 1999, s. 29 (w.e.f. 1-7-2002).  
3. Subs. by Act 2 of 1951, s. 3, for “the States”. 
4. Subs. by Act 104 of 1976, s. 75, for certain words (w.e.f. 1 -2-1977). 
5. Subs. by the A.O. 1937, for “civil or military officer of the Government”. 

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Provided  that,  where  the  State  Government  has  made  rules  as  to  the  persons  to  whom  such 

commission shall be issued, the Court shall be bound by such rules. 

10. Procedure of Commissioner.—(1) The Commissioner, after such local inspection as he deems 
necessary and after reducing to writing the evidence taken by him, shall return such evidence, together 
with his report in writing signed by him, to the Court. 

(2) Report and depositions to be evidence in suit. Commissioner may be examined in person.—The 
report of the Commissioner and the evidence taken by him (but not the evidence without the report) shall be 
evidence in the suit and shall form part of the record; but the Court or, with the permission of the Court, any of the 
parties to the suit may examine the Commissioner personally in open Court touching any of the matters 
referred to him or mentioned in his report, or as to his report, or as to the manner in which he has made 
the investigation. 

(3) Where the Court is for any reason dissatisfied with the proceedings of the Commissioner, it may 

direct such further inquiry to be made as it shall think fit. 

1[Commissions  for  scientific  investigation,  performance  of  ministerial  act  and  sale  of  movable 

property 

10A. Commission for scientific investigation.—(1) Where any question arising in a suit involves any 
scientific  investigation  which  cannot,  in  the  opinion  of  the  Court,  be  conveniently  conducted  before  the 
Court,  the  Court  may,  if  it  thinks  it  necessary  or  expedient  in  the  interests  of  justice  so  to  do,  issue  a 
commission to such person as it thinks fit, directing him to inquire into such question and report thereon to 
the Court. 

(2) The provisions of rule 10 of this Order shall, as far as may be, apply in relation to a Commissioner 

appointed under this rule as they apply in relation to a Commissioner appointed under rule 9. 

10B. Commission for performance of a ministerial act.—(1) Where any question arising in a suit 
involves the performance of any ministerial act which cannot, in the opinion of the Court, be conveniently 
performed  before  the  Court,  the  Court  may,  if  for  reasons  to  be  recorded,  it  is  of  opinion  that  it  is 
necessary or expedient in the interests of justice so to do, issue a commission to such person as it thinks 
fit, directing him to perform that ministerial act and report thereon to the Court. 

(2) The provisions of rule 10 of this Order shall apply in relation to a commissioner appointed under 

this rule as they apply in relation to a Commissioner appointed under rule 9. 

10C. Commission for the sale of movable property.—(1) Where, in any suit, it becomes necessary 
to sell any movable property which is in the custody of the Court pending the determination of the suit 
and which cannot be conveniently preserved, the Court may, if, for reasons to be recorded, it is of opinion 
that it is necessary or expedient in the interests of justice so to do, issue a commission to such person as it 
thinks fit, directing him to conduct such sale and report thereon to the Court. 

(2) The provisions of rule 10 of this Order shall apply in relation to a Commissioner appointed under 

this rule as they apply in relation to a Commissioner appointed under rule 9. 

(3) Every such sale shall be held, as far as may be, in accordance with the procedure prescribed for 

the sale of movable property in execution of a decree.] 

Commissions to examine accounts 

11.  Commission  to  examine  or  adjust  accounts.—In  any  suit  in  which  an  examination  or 
adjustment of the accounts is necessary, the Court may issue a commission to such person as it thinks fit 
directing him to make such examination or adjustment. 

12.  Court  to  give  Commissioner  necessary  instructions.—(1)  The  Court  shall  furnish  the 
Commissioner  with  such  part  of  the  proceedings  and  such  instructions  as  appear  necessary,  and  the 
instructions shall distinctly specify whether the commissioner is merely to transmit the proceedings which 
he may hold on the inquiry, or also to report his own opinion on the point referred for his examination. 

(2) Proceedings and report to be evidence. Court may direct further inquiry.—The proceedings 
and report (if any) of the Commissioner shall be evidence in the suit, but where the Court has reason to be 
dissatisfied with them, it may direct such further inquiry as it shall think fit. 

1. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1 -2-1977). 

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Commissions to make partitions 

13. Commission to make partition of immovable property.—Where a preliminary decree for partition 
has  been  passed,  the  Court  may,  in  any  case  not  provided  for  by  section  54,  issue  a  commission  to  such 
person as it thinks fit to make the partition or separation according to the rights as declared in such decree. 

14. Procedure of Commissioner.—(1) The Commissioner shall, after such inquiry as may be necessary, 
divide the property into as many shares as  may be directly by the order under which the commission was 
issued, and shall allot such shares to the parties, and may, if authorised thereto by the said order, award 
sums to be paid for the purpose of equalizing the value of the shares. 

(2)  The  commissioner  shall  then  prepare  and  sign  a  report  or  the  Commissioners  (where  the 
commission  was  issued  to  more  than  one  person  and  they  cannot  agree)  shall  prepare  and  sign  separate 
reports appointing the share of each party and distinguishing each share (if so directed by the said order) by 
metes and bounds. Such report or reports shall be annexed to the commission and transmitted to the Court; 
and  the  Court,  after  hearing  any  objections  which  the  parties  may  make  to  the  report  or  reports,  shall 
confirm, vary or set aside the same. 

(3) Where the Court confirms or varies the report or reports it shall pass a decree in accordance with 
the same as confirmed or varied; but where the Court sets aside the report or reports it shall either issue a 
new commission or make such other order as it shall think fit. 

General provisions 

15.  Expenses  of  commission  to  be  paid  into  court.—Before  issuing  any  commission  under  this 
Order, the Court may order such sum (if any) as it thinks reasonable for the expenses of the commission 
to be, within a time to be fixed, paid into Court by the party at whose instance or for whose benefit the 
commission is issued. 

16.  Powers  of  commissioners.—Any  commissioner  appointed  under  this  Order  may,  unless 

otherwise directed by the order of appointment,—  

(a) examine the parties themselves and any witness whom they or any of them may produce, and 

any other person whom the Commissioner thinks proper to call upon to give evidence in the matter 
referred to him; 

(b) call for and examine documents and other things relevant to the subject of inquiry; 

(c) at any reasonable time enter upon or into any land or building mentioned in the order. 

1[16A. Questions objected to before the Commissioner.—(1) Where any question put to a witness is 
objected to by a party or his pleader in proceedings before a Commissioner appointed under this Order, the 
Commissioner shall take down the question, the answer, the objections and the name of the party or, as the 
case may be, the pleader so objecting: 

Provided that the Commissioner shall not take down the answer to a question which is objected to on 
the ground of privilege but may continue with the examination of the witness, leaving the party to get the 
question  of  privilege  decided  by  the  Court,  and,  where  the  Court  decides  that  there  is  no  question  of 
privilege, the witness may be recalled by the Commissioner and examined by him or the witness may be 
examined by the Court with regard to the question which was objected to on the ground of privilege. 

(2) No answer taken down under sub-rule (1) shall be read as evidence in the suit except by the order 

of the Court.] 

17. Attendance and examination of witnesses before Commissioner.—(1) The provisions of this Code 
relating  to  the  summoning,  attendance  and  examination  of  witnesses,  and  to  the  remuneration  of,  and 
penalties to be imposed upon, witnesses, shall apply to persons required to give evidence or to produce 
documents under this Order whether the commission in execution of which they are so required has been 
issued by a Court situate within or by a Court situate beyond the limits of 2[India], and for the purposes of 
this rule the Commissioner shall be deemed to be a Civil Court: 

1. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977). 
2. Subs. by Act 2 of 1951, s. 3, for “the States”. 

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1[Provided that when the Commissioner is not a Judge of a Civil Court, he shall not be competent to 
impose  penalties;  but  such  penalties  may  be  imposed  on  the  application  of  such  Commissioner  by  the 
Court by which the commission was issued.] 

(2)  A  Commissioner  may  apply  to  any  Court  (not  being  a  High  Court)  within  the  local  limits  or 
whose jurisdiction a witness resides for the issue of any process which he may find it necessary to issue to 
or against such witness, and such Court may, in its discretion, issue such process as it considers reasonable 
and proper. 

18. Parties to appear before Commissioner.—(1) Where a commission is issued under this Order, 
the Court shall direct that the parties to the suit shall appear before the Commissioner in person or by their 
agents or pleaders. 

(2)  Where  all  or  any  of  the  parties  do  not  so  appear,  the  Commissioner  may  proceed  in  their 

absence. 

1[18A. Application of order to execution proceedings.—The provisions of this Order shall apply, 

so far as may be, to proceedings in execution of a decree or order. 

18B. Court to fix a time for return of commission.—The Court issuing a commission shall fix a 
date on or before which the commission shall be returned to it after execution, and the date so fixed 
shall  not  be  extended  except  where  the  Court,  for  reasons  to  be  recorded,  is  satisfied  that  there  is 
sufficient cause for extending the date.] 

2[Commissions issued of the instance of foreign Tribunals 

19. Cases in which High Court may issue commission to examine witness.—(1) If a High Court is 

satisfied.—  

(a) that a foreign court situated in a foreign country wishes to obtain the evidence of a witness in 

any proceeding before it, 

(b) that the proceeding is of a civil nature, and 

(c) that the witness is residing within the limits of the High Court’s appellate jurisdiction, 

it may, subject to the provisions of rule 20, issue a commission for the examination of such witness. 

(2) Evidence may be given of the matters specified in clause (a), (b) and (c) of sub-rule (1)—  

(a)  by  a  certificate  signed  by  the  consular  officer  of  the  foreign  country  of  the  highest  rank  in 

India and transmitted to the High Court through the Central Government, or 

(b) by a letter of request issued by the foreign Court and transmitted to the High Court through 

the Central Government, or 

(c)  by  a  letter  of  request  issued  by  the  foreign  court  and  produced  before  the  High  Court  by  a 

party to the proceeding. 

20. Application for issue of commission.—The High Court may issue a commission under rule 19— 

(a) upon application by a party to the proceeding before the foreign court, or 

(b) upon an application by a law officer of the State Government acting under instructions from 

the State Government. 

21. To whom commission may be issued.—A commission under rule 19 may be issued to any Court 
within  the  local  limits  of  whose  jurisdiction  the  witness  resides,  or  3***  the  witness  resides  within  the 

1. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977). 
2. Ins. by Act 10 of 1932, s. 3. 
3. The words “the high Court is established under the Indian high Courts Act 1861, or the Government of India Act, 1915, and” 

omitted by the A.O. 1937. 

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local limits of 1[the ordinary original civil jurisdiction of the High Court], to any person whom the Court 
thinks fit to execute the commission. 

22.  Issue,  execution  and  return  of  commissions,  land  transmission  of  evidence  to  foreign 
Court.—The provisions of rules 6, 15,  2[sub-rule (1) of rule 16A, 17, 18 and 18B] of this Order in so 
far as they are applicable shall apply to the issue, execution and return of such commissions, and when 
any  such  commission  has,  been  duly  executed  it  shall  be  returned,  together  with  the  evidence  taken 
under it, to the High Court, which shall forward it to the Government General in Council  along with 
the letter of request for transmission to the foreign court.] 

ORDER XXVII 

Suits by or against the government or public officers in their official capacity 

1.  Suits  by  or  against  Government.—In  any  suit  by  or  against  3[the  Government],  the  plaint  or 
written  statement  shall  be  signed  by  such  person  as  the  Government  may,  by  general  or  special  order, 
appoint in this behalf, and shall be verified by any person whom the Government may so appoint and who 
is acquainted with the facts of the case. 

2. Persons authorised to act for Government.—Persons being ex officio or otherwise authorised to act 
for the Government in respect of any judicial proceeding shall be deemed to be recognised agents by whom 
appearances, acts and applications under this Code may be made or done on behalf of the Government. 

3. Plaints in suits by or against Government.—In suits by or 4[against the Government], instead of 
inserting in the plaint the name and description and place of residence of the plaintiff or defendant, it shall 
be sufficient to insert 1[the appropriate name as provided in section 79 5***]. 

6[4. Agent for Government to receive process.—The Government pleader in any Court shall be the 
agent of the Government for the purpose of receiving processes against the Government issued by such 
Court]. 

5. Fixing of day for appearance on behalf of Government.—The Court, in fixing the day for 1[the 
Government] to answer to the plaint, shall allow a reasonable time for the necessary communication with 
the Government through the proper channel, and for the issue of instructions to the 7[Government pleader] 
to appear and answer on behalf of 8[the Government] 9***, and may extend the time at its discretion 10[but 
the time so extended shall not exceed two months in the aggregate]. 

8[5A.  Government  to  be  joined  as  a  party  in  a  suit  against  a  public  officer.—Where  a  suit  is 
instituted against a public officer for damages or other relief in respect of any act alleged to have been 
done by him in his official capacity, the Government shall be joined as a party to the suit. 

5B. Duty of Court in suits against the Government or a public officer to assist in arriving at a 
settlement.—(1) In every suit or proceeding to which the Government, or a public officer acting in his 
official  capacity,  is  a  party,  it  shall  be  the  duty  of  the  Court  to  make,  in  the  first  instance,  every 
endeavour,  where  it  is  possible  to  do  so  consistently  with  the  nature  and  circumstances  of  the  case,  to 
assist the parties in arriving at a settlement in respect of the subject-matter of the suit. 

1. Subs. ibid., for “its ordinary original civil jurisdiction”. 
2. Subs. by Act 104 of 1976, s. 75, for “16, 17 and 18” (w.e.f 1-2-1977). 
3. Subs. by A.O. 1937, for “the Secretary of State for India in Council”. 
5. Subs. ibid., for “against the Secretary of State for India in Council”. 
6. The words ‘or’ if the suit is against the Secretary of State, the words “the Secretary of State” omitted by the A.O. 1948. 
7. Subs. by the A.O. 1937, for rule 4. 
8. Subs. by the A.O. 1950, for “Crown pleader” which had been subs. by the A. O. 1937, for “Government pleader”. 
9. Subs. by the A.O. 1937, for “the said Secretary of State, for India in Council”. 
10. The words “or the Government,” omitted by the A. O. 1948. 
11. Ins. by Act 104 of 1976, s. 76 (w.e.f. 1-2-1977). 

185 

 
                                                      
(2) If, in any such suit or proceeding, at any stage, it appears to the court that there is a reasonable 
possibility of a settlement between the parties, the Court may adjourn the proceeding for such period as it 
thinks fit, to enable attempts to be made to effect such a settlement. 

(3) The power conferred under sub-rule (2) is in addition to any other power of the Court to adjourn 

proceedings.]. 

6.  Attendance  of  person  able  to  answer  questions  relating  to  suit  against  Government.—The 
Court may also, in any case in which the 5[Government pleader] is not accompanied by any person on the 
part of 1[the Government] who may be able to answer any material questions relating to the suit, direct the 
attendance of such a person. 

7. Extension of time to enable public officer to make reference to Government.—(1) Where the 
defendant is a public officer and, on receiving the summons, considers it proper to make a reference to the 
Government before answering the plaint, he may apply to the Court to grant such extension of the time 
fixed in the summons as may be necessary to enable him to make such reference and to receive orders 
thereon through the proper channel. 

(2) Upon such application the Court shall extend the time for so long as appears to it to be necessary. 
8. Procedure in suits against public officer.—(1) Where the Government undertakes the defence of 
a suit against a public officer, the  1[Government pleader] upon being furnished with authority to appear 
and answer the plaint, shall apply to the court, and upon such application the Court shall cause a note of 
his authority to be entered in the register of civil suits. 

(2) Where no application under sub-rule (1) is made by the  1[Government pleader] on or before the 
day fixed in the notice for the defendant to appear and answer, the case shall proceed as in a suit between 
private parties: 

Provided that the defendant shall not be liable to arrest, nor his property to attachment, otherwise than 

in execution of a decree. 

2[8A. No security to be required from Government or a public officer in certain cases.—No such 
security as is mentioned in rules 5 and 6 of Order XLI shall be required from the Government or, where 
the Government has undertaken the defence of the suit, from any public officer sued in respect of an act 
alleged to be done by him in his official capacity. 

, 

8B. Definitions of “Government” and “Government pleader”.—In this Order  3[unless otherwise 

expressly provided] “Government” and 1[“Government pleader”] mean respectively—  

(a) in relation to any suit by or against 4*** the Central Government, or against a public officer in 
the service of that Government,  the Central Government and such pleader as that Government may 
appoint whether generally or specially for the purposes of this order; 

* 

5* 
* 
(c) in relation to any suit by or against State Government or against a public officer in the service 
of a State. the State Government and the Government pleader 6[as defined in clause (7) of section 2], 
or such other pleader as the State Government may appoint, whether generally or specially, for the 
purposes of this Order.]. 

* 

* 

STATE AMENDMENT 

Uttar Pradesh 
Amendment of Order XXVII.— In the First Schedule, in Order XXVII — 

(a)  in  the  marginal  heading  after  the  words  “official  capacity”  the  words  “or 

Statutory Authorities, etc.” shall be inserted ; 

1. Subs. by the A.O. 1937 and the A. O. 1950, for “Crown pleader”. 
2. Ins. by the A.O. 1937. 
3. Ins. by the A.O. 1950. 
4. The words “the Secretary of State or” omitted by the A.O.1948.  
5. Cl. (b) omitted by the A.O. 1948. 
6. Ins. by the A.O. 1950. 

186 

 
 
 
 
 
 
 
 
 
                                                      
(b)  after rule 9, as inserted by the Allahabad High Court, the following  rule  shall 

be inserted, namely :— 

“10. Suits by or against statutory authorities — 

(1)  Any authority or Corporation, constituted by or under any law, may, from time to 
time appoint a Standing Counsel, to be called corporation pleader of that authority, 
in any district and give information of such appointment to the District Judge. 

(2)  The Corporation pleader so appointed shall be the  agent  in that district of the 
appointing authority or Corporation for purposes of receiving  processes  against  it,  
but    shall  not    act  or  plead    without    filing  a  Vakalatnama  or  memorandum  of 
appearance.” 

[Vide Uttar Pradesh Act 56 of 1976, s. 11]] 

1[ORDER XXVII-A] 
Suits involving a substantial question of law as to the interpretation for 2[the constitution] 3[or as to the 
validity of any statutory instrument] 

1. Notice to the Attorney General or the Advocate-General.—In any suit in which it appears to the 
Court that 4[any such question as is referred to 5[in clause (1) of Article 132, read with Article 147 of the 
Constitution,]  is  involved,  the  Court  shall  not  proceed  to  determine  that  question  until  after  notice  has 
been given to  6[the Attorney General for India] if the question of law concerns the Central Government 
and to the Advocate-General of the State if the question of law concerns a State Government. 

9[1A.  Procedure  in  suits  involving  validity  of  any  statutory  instrument.—In  any  suit  in  which  it 
appears to the Court that any question as to the validity of any statutory instrument, not being a question of the 
nature mentioned in rule l, is involved, the Court shall not proceed to determine that question except after 
giving notice—  

(a) to the Government pleader, if the question concern the Government, or 
(b)  to  the authority  which issued the  statutory  instrument,  if  the  question  concerns  an  authority 

other than Government.] 
2. Court may add Government as party.—The Court may at any stage of the proceedings order that 
the Central Government or a State Government shall be added as a defendant in any suit involving  7[any 
such question as is referred to 8[in clause (1) of Article 132 read with Article 147, of the Constitution]], if 
9[the Attorney General for India] or the Advocate-General of the State, as the case may be, whether upon 
receipt  of  notice  under rule  1,  or  otherwise,  applies  for  such  addition  and the  Court  is  satisfied  that  such 
addition is necessary or desirable for the satisfactory determination of the question of law involved. 

10[2A. Power of Court to add Government or other authority as a defendant in a suit relating to the 
validity of any statutory instrument.—The Court may, at any stage of the proceedings in any suit involving 
any such question as is referred to in rule 1A, order that the Government or other authority shall be added as a 
defendant if the Government pleader or the pleader appearing in the case for the authority which issued the 
instrument, as the case may be, whether upon receipt of notice under rule lA or otherwise, applies for such 
addition,  and  the  Court  is  satisfied  that  such  addition  is  necessary  or  desirable  for  the  satisfactory 
determination of the question.] 

11[3.  Costs.—Where,  under  rule  2  or  rule  2A  the  Government  or  any  other  authority  is  added  as  a 
defendant in a suit, the Attorney-General, Advocate-General, or Government Pleader or Government or 

1. Ins. by Act 23 of 1942, s. 2. 
2. Subs. by the A.O. 1950, for “the Government of India Act, 1935, or any Order -in-Council made thereunder”.  
3. Ins. by Act 104 of 1976, s. 77 (w.e.f. 1-2-1977). 
4. Subs. by the A.O. 1948, for “substantial question of law as to the interpretation of the Government of India Act, 1935, or any 

Order-in-Council made thereunder”. 

5. Subs. by the A.O. 1950, “In sub-section (1) of section 205 of the Government of India Act, 1935”.  
6. Subs. ibid., for “the Advocate-General of India”. 
7. Subs. by the A. O. 1948, for “a substantial question of law as to the interpretation of the Government of India Act, 1935 or any 

Order-in-Council made thereunder”. 

8. Subs. by the A.O. 1950, for “in sub-section (1) of section 205 of the Government of India Act, 1935”. 
9. Subs., ibid., for “the Advocate-General of India”. 
10. Ins. by Act 104 of 1976, s. 77 (w.e.f. 1-2-1977). 
11. Subs. by s. 77, ibid., for rule 3 (w.e.f. 1-2-1977). 

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other authority shall not be entitled to, or liable for, costs in the Court which ordered the addition unless 
the Court, having regard to all the circumstances of the case for any special reason, otherwise orders.] 

4.  Application  of  Order  to  appeals.—In  the  application  of  this  Order  to  appeals  the  word 

“defendant” shall be held to include a respondent and the word “suit” an appeal. 

4[Explanation.—In  this  Order,  “statutory  instrument”  means  a  rule,  notification,  bye-law,  order, 

scheme or form made as specified under any enactment.] 

ORDER XXVIII 

Suits by or against military 1[or naval] men 2[or airmen] 

1. Officers, soldiers, sailors or airmen who cannot obtain leave may authorise any person to sue or 
defend  for  them.—(1)  Where  any  officer,  3[soldier,  6[sailor]  or  airman]  actually  4[serving  under  the 
Government] in  5[such] capacity is a party to a suit, and cannot obtain leave of absence for the purpose of 
prosecuting or defending the suit in person, he may authorise any person to sue or defend in his stead. 

(2) The authority shall be writing and shall be signed by the officer,  6[soldier, 7[sailor] or airman] in 
the  presence  of  (a)  his  commanding  officer,  or  the  next  subordinate  officer,  if  the  party  is  himself  the 
commanding  officer,  or  (b)  where  the  officer,  1[soldier,  2[sailor]  or  airman,]  is  serving  in  military, 
2[naval],  8[or air force] staff employment, the head or other superior officer of the office in which he is 
employed.  Such  commanding  or  other  officer  shall  countersign  the  authority,  which  shall  be  filed  in 
Court. 

(3) When so filed the countersignature shall be sufficient proof that the authority was duly executed, 
and  that  the  officer,  1[soldier  2[,  sailor]  or  air  man]  by  whom  it  was  granted  could  not  obtain  leave  of 
absence for the purpose of prosecuting of defending the suit in person. 

Explanation.—In  this  Order  the  expression  “commanding  officer”  means  the  officer  in  actual 
command  for  the time  being  of  any  regiment,  corps,  2[ship,]  detachment  or  depot  to  which the  officer, 
1[soldier 2[, sailor] or airman] belongs. 

2.  Person  so  authorised  may  act  personally  or  appoint  pleader.—Any  person  authorised  by  an 
officer, 1[soldier 2[, sailor] or airman] to prosecute or defend a suit in his stead may prosecute or defend it 
in person in the same manner as the officer, 1[soldier 2[, sailor] or airman] could do if present; or he may 
appoint a pleader to prosecute or defend the suit on behalf of such officer, 1[soldier 2[, sailor] or airman]. 

3. Service on person so authorised, or on his pleader, to be good service.—Processes served upon 
any  person  authorised  by  an  officer  1[soldier  2[,  sailor]  or  airman]  under  rule  1  or  upon  any  pleader 
appointed  as  aforesaid  by  such  person  shall  he  as  effectual  as  if  they  had  been  served  on  the  party  in 
person. 

ORDER XXIX 
Suits by or against corporations 

1.  Subscription  and  verification  of  pleading.—In  suits  by  or  against  a  corporation,  any  pleading 
may  be  signed  and  verified  on  behalf  of  the  corporation  by  the  secretary  or  by  any  director  or  other 
principal officer of the corporation who is able to depose to the facts of the case. 

1. Ins. by Act 35 of 1934, s. 2 and the Sch. 
2. Ins. by Act 10 of 1927, s. 2 and the First Sch. 
3. Subs. by s. 2, ibid., and the First Sch., for “or soldier” and “or a soldier”. 
4. Subs. by the A.O. 1937, for “serving the Government”. 
5. Subs. by Act 35 of 1934, s. 2 and the Sch., for “a military or air force”. 
6. Subs. by Act 10 of 1927, s. 2 and the First Sch. for “or soldier”. 
7. Ins. by Act 35 of 1934, s. 2 and the Sch. 
8. Ins. by Act 10 of 1927, s. 2 and the Sch. 

188 

 
 
                                                      
2. Service on corporation.—Subject to any statutory provision regulating service of process, where 

the suit is against a corporation, the summons may be served—  

(a) on the secretary, or on any director, or other principal officer of the corporation, or 
(b) by leaving it or sending it by post addressed to the corporation at the registered office, or 

if there is no registered office then at the place where the corporation carries on business.  
3. Power to require personal attendance of officer of corporation.—The Court may, at any stage 
of the suit, require the personal appearance of the secretary or of any director, or other principal officer of 
the corporation who may be able to answer material questions relating to the suit. 

Uttar Pradesh 

STATE AMENDMENT 

Amendment  of  Order XXIX.— In the First Schedule, in Order XXIX, in rule 2, after  clause  (a),  the  following 
clause shall be inserted, namely :— 

“(aa)  on its corporation  pleader in the  district  where the  Court issuing summons is located, if  one  has 
been appointed and the appointment has been notified to the District Judge under rule  10  of Order  XXVII, 
or.” 

[Vide Uttar Pradesh Act 57 of 1976, s. 12] 

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.—(1)  Any  two  or  more  persons  claiming  or  being  liable  as 
partners and carrying on business in, 1[India] may sue or be sued in the name of the firm (if any) of which 
such persons were partners at the time of the accruing of the cause of action, and any party to a suit may in 
such case apply to the Court for a statement of the names and addresses of the persons who were, at the 
time  of  the  accruing  of  the  cause  of  action,  partners  in  such  firm,  to  be  furnished  and  verified  in  such 
manner as the Court may direct. 

(2) Where persons sue or are sued partners in the name of their firm under sub-rule (1), it shall, in the 
case of any pleading or other document required by or under this Code to be signed, verified or certified 
by the plaintiff of the defendant, suffice such pleading or other document is signed, verified or certified 
by any one of such persons. 

2.  Disclosure  of  partners’  names.—(1) Where  a suit  is instituted  by  partners in  the name  of  their 
firm,  the  plaintiffs  or  their  pleader  shall,  on  demanding  writing  by  or  on  behalf  of  any  defendant, 
forthwith declare in writing the names and places of residence of all the persons constituting the firm on 
whose behalf the suit is instituted. 

(2) Where the plaintiffs or their pleader fail to comply with any demand made under sub-rule (1) all 
proceedings in the suit may, upon an application for that purpose, be stayed upon such terms as the Court 
may direct. 

(3)  Where  the  names  of  the  partners  are  declared  in  the  manner  referred  to  in  sub-rule  (1)  the  suit 
shall proceed in the same manner, and the same consequences in all respects shall follow, as if they had 
been named as plaintiffs in the plaint: 

2[Provided that all proceedings shall nevertheless continue in the name of the firm, but the name of 

the partners disclosed in the manner specified in sub-rule (1) shall be entered in the decree.] 

3.  Service.—Where  persons  are  sued  as  partners  in  the  name  of  their  firm,  the  summons  shall  be 

served either—  

(a) upon any one or more of the partners, or 
(b) at the principal place at which the partnership business is carried on within  3[India] upon any 

person having, at the time of service, the control or management of the partnership business, there, 

1. Subs. by Act 2 of 1951, s. 3, for “the States”. 
2. Subs. by Act 104 of 1976, s. 78, for the proviso (w.e.f. 1-2-1977). 
3. Subs. by Act 2 of 1951, s. 3, for “the States”. 

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as the Court may direct; and such service shall be deemed good service upon the firm so sued, whether all 
or any of the partners are within or without 2[India]: 

Provided that, in the case of a partnership which has been dissolved to the knowledge of the plaintiff 
before the institution of the suit, the summons shall be served upon every person within  2[India] whom it 
is sought to make liable. 

4. Rights of suit on death of partner.—(1) Notwithstanding anything contained in section 45 of the Indian 
Contract Act, 1872 (9 of 1872) where two or more persons may sue or be sued in the name of a firm under the 
foregoing provisions and any of such persons dies, whether before the institution or during the pendency of any 
suit, it shall not be necessary to join the legal representative of the deceased as a party to the suit. 

(2) Nothing in sub-rule (1) shall limit or otherwise effect any right which the legal representative of 

the deceased may have—  

(a) to apply to be made a party to the suit, or 

(b) to enforce any claim against the survivor or survivors. 

5. Notice in what capacity served.—Where a summons is issued to a firm and is served in the manner 
provided by rule 3, every person upon whom it is served shall be informed by notice in writing given at the 
time of such service, whether he is served as a partner or as a person having the control or management of 
the partnership business, or in both characters, and, in  default of such notice, the  person served shall  be 
deemed to be served as a partner. 

6.  Appearance  of  partners.—Where  persons  are  sued  as  partners  in  the  name  of  their  firm,  they 
shall appear individually in their own names, but all subsequent proceedings shall, nevertheless, continue 
in the name of the firm. 

7.  No  appearance  except  by  partners.—Where  a  summons  is  served  in  the  manner  provided  by  
rule 3 upon a person having the control or management of the partnership business, no appearance by him 
shall be necessary unless he is a partner of the firm sued. 

1[8.  Appearance  under  protest.—(1)  Any  person  served  with  summons  as  a  partner  under  rule  3 

may enter an appearance under protest, denying that he was a partner at any material time. 

(2) On such appearance being made, either the plaintiff or the person entering the appearance may, at 
any time before the date fixed for hearing and final disposal of the suit, apply to the Court for determining 
whether that person was a partner of the firm and liable as such. 

(3) If, on such application, the Court holds that he was a partner at the material time, that shall not 
preclude the person from filing a defence denying the liability of the firm in respect of the claim against 
the defendant. 

(4) If the Court, however, holds that such person was not a partner of the firm and was not liable as 
such that shall not preclude the plaintiff from otherwise serving a summons on the firm and proceeding 
with the suit; but in that event, the plaintiff shall be precluded from alleging the liability of that person as 
a partner of the firm in execution of any decree that may be passed against the firm.] 

9. Suits between co-partners.—This Order shall apply to suits between a firm and one or more of 
the partners therein and to suits between firms having one or more partners in common; but no execution 
shall be issued in such suits except by leave of the Court, and, on an application for leave to issue such 
execution, all such accounts and inquiries may be directed to be taken and made and directions given as 
may be just. 

2[10. Suit against person carrying on business in name other than his own.—Any person carrying 
on business in a name or style other than his own name, or a Hindu undivided family carrying on business 
under any name, may be sued in such name or style as if it were a firm name, and, in so far as the nature 
of such case permits, all rules under this Order shall apply accordingly.] 

1. Subs. by Act 104 of 1976, s. 78, for rule 8 (w.e.f. 1-2-1977). 
2. Subs. by Act 104 of 1976, s. 78, for rule 10 (w.e.f. 1-2-1977). 

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ORDER XXXI 
Suits by or against trustees, executors and administrators 

1.  Representation  of  beneficiaries  in  suits  concerning  property  vested  in  trustees  etc.—In  all 
suits concerning property vested in a trustee, executor or administrator, where the contention is between 
the  persons  beneficially  interested  in  such  property  and  a  third  person,  the  trustee,  executor  or 
Administrator shall represent the persons so interested, and it shall not ordinarily be necessary to make 
them parties to the suit. But the Court may, if it thinks fit, order them or any of them to be made parties. 

2. Joinder of trustees, executors and administrators.—Where there are several trustees, executors 

or administrators, they shall all be made parties to a suit against one or more of them: 

Provided  that  the  executors  who  have  not  proved  their  testator’s  will,  and  trustees,  executors  and 

administrators outside 1[India], need not be made parties. 

3. Husband of married executrix not to join.—Unless the Court directs otherwise, the husband of a 

married trustee, administratrix or executrix shall not as such be a party to a suit by or against her. 

ORDER XXXII 
Suits by or against minors and persons of unsound mind 

1. Minor to sue by next friend.—Every suit by a minor shall be instituted in his name by a person 

who in such suit shall be called the next friend of the minor. 

2[Explanation.—In this Order, “minor” means a person who has not attained his majority within the 
meaning  of  section  3  of  the  Indian  Majority  Act,  1875  (9 of 1875)  where the  suit  relates  to  any  of  the 
matters mentioned in clauses (a) and (b) of section 2 of that Act or to any other matter.] 

2. Where suit is instituted without next friend, plaint to be taken off the file.—(1) Where a suit is 
instituted by or on behalf of a minor without a next friend, the defendant may  apply to have the plaint 
taken off the file, with costs to be paid by the pleader or other person by whom it was presented. 

(2)  Notice  of  such  application  shall  be  given  to  such  person,  and  the  Court,  after  hearing  his 

objections (if any) may make such order in the matter as it thinks fit. 

3[2A.  Security  to  be  furnished  by  next  friend  when  so  ordered.—(1)  Where  a  suit  has  been 
instituted on behalf of the minor by his next friend, the Court may, at any stage of the suit, either of its 
own motion or on the application of any defendant, and for reasons to be recorded, order the next friend 
to give security for the payment of all costs incurred or likely to be incurred by the defendant. 

(2)  Where  such  a  suit  is  instituted  by  an  indigent  person,  the  security  shall  include  the  court-fees 

payable to the Government. 

(3) The provisions of rule 2 of Order XXV shall, so far as may be, apply to a suit where the Court 

makes an order under this rule directing security to be furnished.] 

3.  Guardian  for  the  suit  to  be  appointed  by  Court  for  minor  defendants.—(1)  Where  the 
defendant is a minor the Court, on being satisfied of the fact of his minority, shall appoint a proper person 
to be guardian for the suit for such minor. 

(2) An order for the appointment of a guardian for the suit may be obtained upon application in the 

name and on behalf of the minor or by the plaintiff. 

1. Subs. by Act 2 of 1951, s. 3, for “the States”. 
2. Ins. by Act 104 of 1976, s. 79 (w.e.f. 1-2-1977). 
3. Ins. by Act 104 of 1976, s. 79 (w.e.f. 1-2-1977). 

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(3) Such application shall be supported by an affidavit verifying the fact that the proposed guardian 
has no interest in the matters in controversy in the suit adverse to that of the minor and that he is a fit 
person to be so appointed. 

(4) Order shall be made on any application under this rule except upon notice 1*** to any guardian of 
the  minor  appointed  or  declared  by  an  authority  competent  in  that  behalf,  or,  where  there  is  no  such 
guardian 2[upon notice to the father or where there is no father, to the mother, or where there is no father 
or mother, to other natural guardian] of the minor, or, where there is  3[no father, mother or other natural 
guardian], to the person in whose care the minor is, and after hearing any objection which may be urged 
on behalf of any person served with notice under this sub-rule. 

1[(4A) The Court may, in any case, if it thinks fit, issue notice under sub-rule (4) to the minor also.] 

3[(5) A person appointed under sub-rule (1) to be guardian for the suit for a minor shall, unless his 
appointment is terminated by retirement, removal or death, continue as such throughout all proceedings 
arising out of the suit including proceedings in any Appellate or Revisional Court and any proceedings in 
the execution of a decree.] 

1[3A. Decree against minor not to be set aside unless prejudice has been caused to his interest.—
(1)  No  decree  passed  against  a  minor  shall  be  set  aside  merely  on  the  ground  that  the  next  friend  or 
guardian for the suit of the minor had an interest in the subject-matter of the suit adverse to that of the 
minor,  but  the  fact  that  by  reasons  of  such  adverse  interest  of  the  next  friend  or  guardian  for  the  suit, 
prejudice has been caused to the interests of the minor, shall be a ground for setting aside the decree. 

(2) Nothing in this rule shall preclude the minor from obtaining any relief available under any law by 
reason  of  the  misconduct  or  gross  negligence  on  the  part  of  the  next  friend  or  guardian  for  the  suit 
resulting in prejudice to the interests of the minor.] 

4. Who may act as next friend or he appointed guardian for the suit—(1) Any person who is of 

sound mind and has attained majority may act as next friend of a minor or as his guardian for the suit: 

Provided that the interest of such person is not adverse to that of the minor and that he is not, in the 

case of a next friend, a defendant, or, in the case of a guardian for the suit, a plaintiff. 

(2) Where a minor has a guardian appointed or declared by competent authority, no person other than 
such guardian shall act as the next friend of the minor or be appointed his guardian for the suit unless the 
Court  considers,  for  reasons  to  be  recorded,  that  it  is  for  the  minor’s  welfare  that  another  person  be 
permitted to act or be appointed, as the case may be. 

(3) No person shall without his consent 4[in writing] be appointed guardian for the suit. 

(4)  Where  there  is  no  other  person  fit  and  willing  to  act  as  guardian  for  the  suit,  the  Court  may 
appoint any of its officers to be such guardian, and may direct that the costs to be incurred by such officer 
in the  performance  of  his duties as  such  guardian  shall  be  borne either  by  the parties  or  by  any  one  or 
more of the parties to the suit, or out of any fund in Court in which the minor is interested  1[or out of the 
property of the minor], and may give directions for the repayment or allowance of such costs as justice 
and the circumstances of the case may require. 

5. Representation of minor by next friend or guardian for the suit.—(1) Every application to the 
Court on behalf of a minor, other than an application under rule 10, sub-rule (2), shall be made by his next 
friend or by his guardian for the suit. 

(2) Every order made in a suit or on any application, before the Court in or which a minor is in any way 
concerned or affected, without such minor being represented by a next friend or guardian for the suit, as the 
case  may  be,  may  be  discharged,  and,  where  the  pleader  of  the  party  at  whose  instance  such  order  was 

1. The words “to the minor and” omitted by s. 79, ibid. (w.e.f. 1-2-1977). 
2. Subs. by s. 79, ibid., for certain words (w.e.f. 1-2-1977). 
3. Ins. by Act 16 of 1937, s. 2. 
4. Ins. by Act 104 of 1976, s. 79 (w.e.f. 1-2-1977). 

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obtained  knew,  or  might  reasonably  have  known,  the  fact  of  such  minority,  with  costs  to  be  paid  by  such 
pleader. 

6. Receipt by next friend or guardian for the suit of property under decree for minor.—(1) A 
next friend or guardian for the suit shall not, without the leave of the Court, receive any money or other 
movable property on behalf of a minor either—  

(a) by way of compromise before decree or order, or  

(b) under a decree or order in favour of the minor. 

(2) Where the next friend or guardian for the suit has not been appointed or declared by competent 
authority to be guardian of the property of the minor, or, having been so appointed or declared, is under 
any disability known to the Court to receive the money or other movable property, the Court shall, if it 
grants  him  leave  to  receive  the  property,  require  such  security  and  give  such  directions  as  will,  in  its 
opinion, sufficiently protect the property from waste and ensure its proper application : 

1[Provided that the Court may, for reasons to be recorded, dispense with such security while granting 
leave  to  the  next  friend  or  guardian  for  the  suit  to  receive  money  or  other  movable  property  under  a 
decree or order, where such next friend or guardian—  

(a) is the manager of a Hindu undivided family and the decree or order relates to the property or 

business of the family; or 

(b) is the parent of the minor.] 

7. Agreement or compromise by next friend or guardian for the suit.—(1) No next friend or guardian 
for the suit shall, without the leave of the Court, expressly recorded in the proceedings, enter into any agreement 
or compromise on behalf of a minor with reference to the suit in which he acts as next friend or guardian. 

1[(1A) An application for leave under sub-rule  (1) shall be accompanied by an affidavit of the next 
friend or the guardian for the suit, as the case may be, and also, if the minor is represented by a pleader, 
by  the  certificate  of  the  pleader,  to  the  effect  that  the  agreement  or  compromise  proposed  is,  in  his 
opinion, for the benefit of the minor : 

Provided that the opinion so expressed, whether in the affidavit or in the certificate shall not preclude the 

Court from examining whether the agreement or compromise proposed is, for the benefit of the minor. ] 

(2) Any such agreement or compromise entered into without the leave of the Court so recorded shall 

be voidable against all parties other than the minor: 

8. Retirement of next friend.—(1) Unless otherwise ordered by the Court, a next friend shall not retire 

without first procuring a fit person to be put in this place and giving security for the costs already incurred. 

(2)  The  application  for  the  appointment  of  a  new  next  friend  shall  be  supported  by  an  affidavit 

showing the fitness of the person proposed and also that he has no interest adverse to that of the minor. 

9. Removal of next friend.—(1) Where the interest of the next friend of a minor is adverse to that of the 
minor or where he is so connected with a defendant whose interest is adverse to that of the minor as to make it 
unlikely  that  the  minor's  interest  will  be  properly  protected  by  him,  or  where  he  does  not  do  his  duty,  or, 
during the pendency of the suit, ceases to reside within 1[India], or for any other sufficient cause, application, 
may  be  made  on  behalf  of  the  minor  or  by  a  defendant  for  his  removal;  and  the  Court,  if  satisfied  of  the 
sufficiency of the cause assigned, may order the next friend to be removed accordingly, and make such other 
order as to costs as it thinks fit. 

(2) Where the next friend is not a guardian appointed or declared by an authority competent in this 
behalf,  and  an  application  is  made  by  a  guardian  so  appointed  or  declared,  who  desires  to  be  himself 
appointed in the place of the next friend, the Court shall remove the next friend unless it considers, for 
reasons to be recorded by it, that the guardian ought not to be appointed the next friend of the minor, and 
shall  thereupon  appoint  the  applicant  to  be  next  friend  in  his  place  upon  such  terms  as  to  the  costs 
already incurred in the suit as it thinks fit. 

1. Subs. by Act 2 of 1951, s. 3. for “the States”  

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10. Stay of proceedings on removal, etc., of next friend.—(1) On the retirement, removal or death of 
the next friend of a minor, further proceedings shall be stayed until the appointment of a next friend in his 
place. 

(2) Where the pleader of such minor omits, within a reasonable time, to take steps to get a new next 
friend appointed, any person interested in the minor or in the matter in issue may apply to the Court for 
the appointment of one, and the Court may appoint such person as it thinks fit. 

11. Retirement, removal or death of guardian for the suit.—(1) Where the guardian for the suit 
desires to retire or does not do his duty, or where other sufficient ground is made to appear, the Court 
may permit such guardian to retire or may remove him, and may make such order as to costs as it thinks 
fit. 

(2) Where the guardian for the suit, retires, dies or is removed by the Court during the pendency of 

the suit, the Court shall appoint a new guardian in his place. 

12.  Course  to  be  followed  by  minor  plaintiff  or  applicant  on  attaining  majority.—(1)  A  minor 
plaintiff or a minor not a party to a suit on whose behalf an application is pending shall, on attaining majority, 
elect whether he will proceed with the suit or application. 

(2) Where lie elects to proceed with the suit or application, he shall apply for an order discharging 

the next friend and for leave to proceed in his own name. 

(3) The title of the suit or application shall in such case be corrected so as to read henceforth thus:  

“A.B., late a minor by C.D., his next friend, but now having attained majority.”. 

(4) Where he elects to abandon the suit or application, he shall, if a sole plaintiff or sole applicant, 
apply for an order to dismiss the suit or application on repayment of the costs incurred by the defendant 
or opposite party or which may have been paid by his next friend. 

(5) Any application under this rule may be made ex parte but no order discharging a next friend and 

permitting a minor plaintiff to proceed in his own name shall be made without notice to the next friend. 

13. Where minor co-plaintiff attaining majority desires to repudiate suit.—(1) Where  a minor 
co-plaintiff on attaining majority desires to repudiate the suit, he shall apply to have his name struck out 
as co-plaintiff; and the Court, if it finds that he is not a necessary party, shall dismiss him from the suit 
on such terms as to costs or otherwise as it thinks fit. 

(2) Notice of the application shall be served on the next friend, on any co-plaintiff and on the defendant. 

(3) The costs of all parties of such application, and of all or any proceedings theretofore had in the 

suit, shall be paid by such persons as the Court directs. 

(4) Where the applicant is a necessary party to the suit, the Court may direct him to be made a defendant. 

14.  Unreasonable  or  improper  suit.—(1)  A  minor  on  attaining  majority  may,  if  a  sole  plaintiff, 
apply  that  a  suit  instituted  in  his  name  by  his  next  friend  be  dismissed  on  the  ground  that  it  was 
unreasonable or improper. 

(2) Notice of the application shall be served on all the parties concerned; and the Court, upon being 
satisfied of such unreasonableness or impropriety, may grant the application and order the next friend to 
pay the costs of all parties in respect of the application and of anything done in the suit,  or make such 
other order as it thinks fit. 

1[15.  Rules  1  to  14  (Except  rule  2A)  to  apply  to  persons  of  unsound  mind.—Rules  1  to  14  (except                    

rule 2A) shall, so far as may be, apply to persons adjudged, before or during the pendency of the suit, to be of 
unsound mind and shall also apply to persons who, though not so adjudged, are found by the Court on enquiry to 
be incapable, by reason of any mental infirmity, of protecting their interest when suing being sued.] 

1. Subs. by Act 104 of 1976, s. 79, for rule 15 (w.e.f. 1 -2-1977). 

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1[16. Savings.—(1) Nothing contained in this Order shall apply to the Ruler of a foreign State suing 
or being sued in the name of his State, or being sued by the direction of the Central Government in the 
name of an agent or in any other name. 

(2) Nothing contained in this Order shall be construed as affecting or in any way derogating from the 
provisions  of  any  local  law  for  the  time  being  in  force  relating  to  suits  by  or  against  minors  or  by  or 
against lunatics or other persons of unsound mind.] 

2[ORDER XXXII-A 
Suits relating to matters concerning the family 

1.  Application  of  the  Order.—(1)The  provisions  of  this  Order  shall  apply  to  suits  or  proceedings 

relating to matters concerning the family. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  provisions  of  sub-rule  (1),  the 
provisions  of  this  Order  shall  apply  to  the  following  suits  or  proceedings  concerning  the  family, 
namely:— 

(a) a suit or proceeding for matrimonial relief, including a suit or proceedings for declaration as 

to the validity of a marriage or as to the matrimonial status of any person; 

(b) a suit or proceeding for a declaration as to legitimacy of any person; 

(c) a suit or proceeding in relation to the guardianship of the person or the custody of any minor 

or other member of the family, under a disability; 

(d) a suit or proceeding for maintenance; 

(e) a suit or proceeding as to the validity or effect of an adoption; 

(f)  a  suit  or  proceeding,  instituted  by  a  member  of  the  family,  relating  to  wills,  intestacy  and 

succession; 

(g) a suit or proceeding relating to any other matter concerning the family in respect of which, the 

parties are subject to their personal law. 

(3) So much of this Order as relates to a matter provided for by a special law in respect of any suit or 

proceeding shall not apply to that suit or proceeding. 

2. Proceedings to be held in camera.—In every suit or proceeding to which this Order applies, the 

proceedings may be held in camera if the Court so desires and shall be so held if either party so desires. 

3.  Duty  of  Court  to  make  efforts  for  settlement.—(1)  In  every  suit  or  proceeding  to  which  this 
Order applied, an endeavour shall be made by the Court in the first instance, where it is possible to do so 
consistent with the nature and circumstances of the case, to assist the parties in arriving at a settlement. In 
respect of the subject-matter of the suit. 

(2) If, in any such suit or proceeding, at any stage it appears to the Court that there is a reasonable 
possibility of a settlement between the parties, the Court may adjourn the proceeding for such period as it 
thinks fit to enable attempts to be made to effect such a settlement. 

(3) The power conferred by sub-rule (2) shall be in addition to, and not in derogation of, any other 

power of the Court to adjourn the proceedings. 

4. Assistance of welfare expert.—In every suit or proceeding to which this Order applies, it shall be 
open  to  the  Court  to  secure  the  services  of  such  person  (preferably  a  woman  where  available),  whether 
related  to  the  parties  or  not,  including  a  person  professionally  engaged  in  promoting  the  welfare  of  the 
family  as  the  Court  may  think  fit,  for  the  purpose  of  assisting  the  Court  in  discharging  the  functions 
imposed by rule 3 of this Order. 

5. Duty to enquire into facts.—In every suit or proceeding to which this Order applies, it shall be the 
duty of the Court to inquire, so far it reasonably can, into the facts alleged by the plaintiff and into any 
facts alleged by the defendant. 

1. Ins. by s. 79, ibid. (w.e.f. 1-2-1977). 
2. Ins. by s. 80, ibid. (w.e.f. 1-2-1977). 

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6.  “Family”—meaning of.—For the purposes of this Order, each of the following shall be treated 

as constituting a family, namely:— 

(a) 

(i) a man and his wife living together, 

(ii) any child or children, being issue of theirs; or of such man or such wife, 

(iii) any child or children being maintained by such man and wife; 

(b) a man not having a wife or not living together with his wife, any child or children, being issue 

of his, and any child or children being maintained by him; 

(c) a women not having it husband or not living together with her husband, any child or children 

being issue of hers, and any child or children being maintained by her; 

(d) a man or woman and his or her brother, sister, ancestor or lineal descendant living with him or 

her; and 

(e) any combination of one or more of the groups specified in clause (a), clause (b), clause (c) or 

clause (d) of this rule. 

Explanation.—For the avoidance of doubts, it is hereby declared that the provisions of rule 6 shall be 
without any prejudice to the concept of “family” in any personal law or in another law for the time being 
in force.] 

ORDER XXXIII 

1[Suits by indigent persons] 

1. Suits may be instituted by indigent persons.—Subject to the following provisions, any suit may 

be instituted by an 2[indigent person]. 

3[Explanation 1.—A person is an indigent person,— 

(a) If he is not possessed of sufficient means (other than property exempt from attachment in 
execution of a decree and the subject-matter of the suit) to enable him to pay the fee prescribed by 
law for the plaint in such suit, or 

(b) where no such fee is prescribed, if he is not entitled to property worth one thousand rupees 
other than the property exempt from attachment in execution of a decree, and the subject-matter of the 
suit. 

Explanation II.—Any property which is acquired by a person after the presentation of his application 
for permission to sue as an indigent person, and before the decision of the application, shall be taken into 
account in considering the question whether or not the applicant is an indigent person. 

Explanation III—Where the plaintiff sues in a representative capacity, the question whether he is an 

indigent person shall be determined with reference to the means possessed by him in such capacity. ] 

4[1A. Inquiry into the means of an indigent person.—Every inquiry into the question whether or 
not a person is an indigent person shall be made, in the first instance, by the chief ministerial officer of 
the  Court,  unless  the  Court  otherwise  directs, and  the  Court  may  adopt  the report  of  such  officer as  its 
own finding or may itself make an inquiry into the question.] 

2.  Contents  of  application.—Every  application  for  permission  to  sue  as  an  5[indigent  person]  shall 
contain the particulars required in regard to plaints in suits: a schedule of any movable or immovable property 
belonging  to  the  applicant,  with  the  estimated  value  thereof,  shall  be  annexed  thereto;  and  it  shall  be 
signed and verified in the manner prescribed for the signing and verification of pleadings. 

1. Subs. by Act 104 of 1976, s. 81, for “Suits by Paupers”(w.e.f. 1-2-1977). 
2. Subs. by s. 81. ibid. for “pauper” (w.e.f. 1-2-1977). 
3. Subs. by s. 81, ibid., for the Explanation (w.e.f. 1-2-1977). 
4. Ins. by Act 104 of 1976, s. 81 (w.e.f. 1-2-1977). 
5. Subs. by s. 81, ibid., for “pauper” (w.e.f. 1-2-1977). 

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3. Presentation of application.—Notwithstanding anything contained in these rules, the application shall 
be presented to the Court by the applicant in person, unless he is exempted from appearing in Court, in which 
case the application may be presented by an authorised agent who can answer all material questions relating to 
the application, and who may be examined in the same manner as the party represented by him might have 
been examined had such party attended in person: 

1[Provided  that,  where  there  are  more  plaintiffs  than  one,  it  shall  be  sufficient  if  the  application  is 

presented by one of the plaintiffs.] 

4. Examination of applicant.—(1) Where the application is in proper form and duly presented, the 
Court may, if it thinks fit, examine the applicant, or his agent when the applicant is allowed to appear by 
agent regarding the merits of the claim and the property of the applicant. 

(2) If presented by agent, Court may order applicant to be examined by commission.—Where 
the  application  is  presented  by  an  agent,  the  Court  may,  if  it  thinks  fit,  order  that  the  applicant  be 
examined by a commission in the manner in which the examination of an absent witness may be taken. 

5.  Rejection  of  application.—The  Court  shall  reject  an  application  for  permission  to  use  as  2[an 

indigent person]—  

(a) where it is not framed and presented in the manner prescribed by rules 2 and 3, or 

(b) where the applicant is not 2[an indigent person], or 

(c) where he has, within two months next before the presentation of the application, disposed of any 

property fraudulently or in order to be able to apply for permission to use as 2[an indigent person]: 

1[Provided that no application shall be rejected if, even after the value of the property disposed of by 

the applicant is taken into account, the applicant would be entitled to sue as an indigent person.] or 

(d) where his allegations do not show a cause of action, or 

(e) where he has entered into any agreement with reference to the subject-matter of the proposed 

suit under which any other person has obtained an interest in such subject-matter; 1[or] 

1[(f) where the allegations, made by the applicant in the application show that the suit would be 

barred by any law for the time being in force, or 

(g) where any other person has entered into an agreement with him to finance the litigation.] 

. 

6. Notice of day for receiving evidence of applicant’s indigency.—Where the Court sees no reason 
to reject the application on any of the grounds stated in rule 5, it shall fix a day (of which at least ten day's 
clear notice shall be given to the opposite party and the Government pleader) for receiving such evidence 
as  the  applicant  may  adduce  in  proof  of  his  indigency,  and  for  hearing  any  evidence  which  may  be 
adduced in disproof thereof. 

17. Procedure at hearing.—(1) On the day so fixed or as soon thereafter as may be convenient the 
Court shall examine the witnesses (if any) produced by either party, and may examine the applicant or his 
agent, and shall may 2[a full record of their evidence]. 

3[(1A) The examination of the witnesses under sub-rule (1) shall be confined to the matters specified 
in  clause  (b),  clause  (c)  and  clause  (e)  of rule  5  but the  examination  of  the  applicant  or  his  agent  may 
relate to any of the matters specified in rule 5.] 

 (2)  The  Court  shall  also  hear  any  argument  which  the  parties  may  desire  to  offer  on  the  question 
whether, on the face of the application and of the evidence (if any) taken by the Court  4[under rule 6 or 
under this rule], the applicant is or is not subject to any of the prohibitions specified in rule 5. 

1. The provisions of this rule so far as it relates to the making of a memorandum are not applicable to the Chief Court of Oudh, see Oudh 

Courts Act, 1925 (U.P. Act 4 of 1925), s. 16 (2). 

2. Subs. by Act 104 of 1976, s. 81, for “a memorandum of the substance of their evidence” (w.e.f. 1 -2-1977). 
3.  Ins. by s. 81, ibid. (w.e.f. 1-2-1977). 
4. Subs. by s. 81, ibid., for “as herein provided” (w.e.f. 1-2-1977).  

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(3) The Court shall then either allow or refuse to allow the applicant to sue as 1[an indigent person]. 

8. Procedure if application admitted.—Where the application is granted, it shall be numbered and 
registered, and shall be deemed the plaint in the suit, and the suit shall proceed in all other respects as a 
suit instituted in the ordinary manner, except that the plaintiff shall not be liable to pay any court-fee 2[or 
fees  payable  for  service  of  process]  in  respect  of  any  petition,  appointment  of  a  pleader  or  other 
proceeding connected with the suit. 

9. Withdrawal of permission to sue as an indigent person.—The Court may, on the application of the 
defendant, or of the Government pleader, of which seven days, clear notice in writing has been given to the 
plaintiff, order that the permission granted to the plaintiff to sue as an indigent person be withdrawn— 

(a) if he is guilty of vexatious or improper conduct in the course of the suit; 

(b)  if  it  appears  that  his  means  are  such  that  he  ought  not  to  continue  to  sue  as  5[an  indigent 

person]; or 

(c)  if  he  has  entered  into  any  agreement  with  reference  to  the  subject-matter  of  the  suit  under 

which any other person has obtained an interest in such subject-matter. 

 3[9A. Court to assign a pleader to an unrepresented indigent person.—(1) Where a person, who is 
permitted to sue as an indigent person, is not represented by a pleader, the Court-may, if the circumstances 
of the case so require, assign a pleader to him. 

(2) The High Court may, with the previous approval of the State Government, make rules providing for— 

(a) the mode of selecting pleaders to be assigned under sub-rule (1); 

(b) the facilities to be provided to such pleaders by the Court ; 

(c) any other matter which is required to be or may be provided by the rules for giving effect to 

the provisions of sub-rule (1).] 

10. Costs where indigent person succeeds.—Where the plaintiff succeeds in the suit, the Court shall 
calculate the amount of court-fees which would have been paid by the plaintiff if he had not been permitted 
to  sue  as  5[an  indigent  person];  such  amount  shall  be  recoverable  by  the  3[State  Government]  from  any 
party ordered by the decree to pay the same and shall be a first charge, on the subject-matter of the suit. 

11.  Procedure  where  indigent  person  fails.—Where  the  plaintiff  fails  in  the  suit  or  the  permission 
granted to him to sue as an indigent person has been withdrawn, or where the suit is withdrawn or dismisses,— 

(a) because the summons for the defendant to appear and answer has not been served upon him in 
consequence of the failure of the plaintiff to pay the court-fee or postal charges (if any) chargeable for 
such service 4[or to present copies of the plaint or concise statement], or 

(b) because the plaintiff does not appear when the suit is called on for hearing, 

the Court shall order the plaintiff, or any person added as a co-plaintiff to the suit, to pay the court-fees 
which would have been paid by the plaintiff if he had not been permitted to sue as 5[an indigent person]. 

6[11A.  Procedure  where  indigent  person’s  suit  abates.—Where  the  suit  abates  by  reason  of  the 
death of  the  plaintiff  or  of  any  person  added  as  a  co-plaintiff, the  Court shall  order that  the  amount  of 
court-fees which would have been paid by the plaintiff if he had not been permitted to sue as 2[an indigent 
person] shall be recoverable by the State Government from the estate of the deceased plaintiff.] 

1. Subs. by s. 81, ibid., for “pauper” (w.e.f. 1-2-1977). 
2. Subs. by s. 81, ibid., for  “other then fees pay able for service of process” (w.e.f. 1-2-1977). 
3. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O. 1937, for “Government”.  
4. Ins. by Act 104 of 1976, s. 81 (w.e.f. 1-2-1977). 
5. Subs. by s. 81, ibid., for “pauper” (w.e.f. 1-2-1977). 
6. Ins. by Act 24 of 1942, s. 2. 

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12. State Government may apply for payment of court-fees.— The 1[State Government] shall have 
the right at any time to apply to the Court to make an order for the payment of court-fees under rule 10, 
rule 11 or 2[rule 11A]. 

13. State Government to be deemed a party.—All matters arising between the 4[State Government] 
and any party to the suit under rule 10, rule 11,  5[rule 11A] or rule 12 shall be deemed to be questions 
arising between the parties to the suit within the meaning of section 47. 

3[14.  Recovery  of  amount  of  court-fees.—Where  an  order  is  made  under  rule  10,  rule  11  or  rule 
11A, the court shall forthwith cause a copy of the decree or order to be forwarded to the Collector who 
may, without prejudice to any other mode of recovery, recover the amount of court-fees specified therein 
from the person or property liable for the payment as if it were an arrear or land revenue.] 

15. Refusal to allow applicant to sue as an indigent person to bar subsequent application of like 
nature.—An  order  refusing  to  allow  the  applicant  to  sue  as  2[an  indigent  person]  shall  be  a  bar  to  any 
subsequent application of the like nature by him in respect of the same right to sue; but the applicant shall 
be  at liberty to institute a suit in the  ordinary  manner in respect  of  such right;  4[provided that the  plaint 
shall  be  rejected  if  he  does  not  pay,  either  at  the  time  of  the  institution  of  the  suit  or  within  such  time 
thereafter  as  the  Court  may  allow,]  the  costs  (if  any)  incurred  by  the  4[State  Government]  and  by  the 
opposite party in opposing his application for leave to sue as 2[an indigent person]. 

1[15A. Grant of time for payment of court-fee.—Nothing contained in rule 5, rule 7 or rule 15 shall 
prevent a Court, while rejecting an application under rule 5 or refusing an application under rule 7, from 
granting time to the applicant to pay the requisite court-fee within such time as may be fixed by the Court 
or extended by it from time to time; and upon such payment and on payment of the costs referred to in 
5*** rule 15 within that time, the suit shall be deemed to have been instituted on the date on which the 
application for permission to sue as an indigent person was presented.] 

16.  Costs.—The  costs  of  an  application  for  permission  to  sue  as  an  6[indigent  person]  and  of  an 

inquiry into indigency shall be costs in the suit. 

7[17.  Defence  by  an  indigent  person.—Any  defendant,  who  desire  to  plead  a  set-off  or  counter-
claim, may be allowed to set up such claim as an indigent person, and the rules contained in this Order 
shall so far as may be, apply to him as if he were a plaintiff and his written statement were a plaint. 

18. Power of Government to provide for free legal services to indigent persons.—(1) Subject to 
the provisions of this Order, the Central or State Government may make such supplementary provisions 
as  it  thinks  fit  for  providing  free  legal  services  to  those  who  have  been  permitted  to  sue  as  indigent 
persons. 

(2)  The  High  Court  may,  with  the  previous  approval  of  the  State  Government,  make  rules  for 
carrying out the supplementary provisions made by the Central or State Government for providing free 
legal services to indigent persons referred to in sub-rule (1), and such rules may include the nature and 
extent  of  such  legal  services,  the  conditions  under  which  they  may  be  made  available,  the  matters  in 
respect of which, and the agencies through which, such services may be rendered.] 

1. Subs. by the A.O. 1950, for “Provincial Government” which had been subs. by the A.O.1937, for 
“Government”. 
2. Subs. by Act 24 of 1942, s. 2, for “or rule 11”. 
3. Subs. by s. 2, ibid., for the rule 14. 
4. Subs. by Act 104 of 1976, s. 81, for “provided that he first pays”  (w.e.f. 1-2-1977). 
5. Omitted by Act 19 of 1988, s. 3 and the Second Schedule. 
6. Subs. by Act 104 of 1976, s. 81, for “pauper” (w.e.f. 1-2-1977). 
7.  Ins. by s. 81, ibid. (w.e.f. .1-2-1977). 

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ORDER XXXIV 

Suits relating to mortgages of immovable property 

1. Parties to suits for foreclosure sale and redemption.—Subject to the provisions of this Code, all 
persons having an interest either in the mortgage-security or in the right of redemption shall be joined as 
parties to any suit relating to the mortgage. 

Explanation.—A  puisne  mortgagee  may  sue  for  foreclosure  or  for  sale  without  making  the  prior 
mortgagee a party to the suit; and a prior mortgagee need not be joined in a suit to redeem a subsequent 
mortgage. 

1[2. Preliminary decree in foreclosure suit.—(1) In a suit for foreclosure, if the plaintiff succeeds, 

the Court shall pass a preliminary decree—  

(a) ordering that an account be taken of what was due to the plaintiff at the date of such decree 

for—  

(i) principal and interest on the mortgage, 

(ii) the costs of suit, if any, awarded to him, and 

(iii) other costs, charges and expenses properly incurred by him up to that date in respect of 

his mortgage-security, together with interest thereon; or 

(b) declaring the amount so due at that date; and 

(c) directing— 

(i) that, if the defendant pays into Court the amount so found or declared due on or before 
such date as the Court may fix within six months from the date on which the Court confirms and 
countersigns  the  account  taken  under  clause  (a),  or  from  the  date  on  which  such  amount  is 
declared in Court under clause (b), as the case may be, and thereafter pays such amount as may be 
adjudged  due  in  respect  of  subsequent  costs,  charges  and  expenses  as  provided  in  rule  10, 
together with subsequent interest on such sums respectively as provided in rule 11, the plaintiff 
shall deliver up to the defendant, or to such person as the defendant appoints, all documents in his 
possession or power relating to the mortgaged property, and shall, if so required, re-transfer the 
property to the defendant at his cost free from the mortgage and from all incumbrances created by 
the plaintiff or any person claiming under him, or, where the plaintiff claims by derived title, by 
those under whom he claims, and shall also, if necessary, put the defendant in possession of the 
property; and 

(ii) that, if payment of the amount found or declared due under or by the preliminary decree is not 

made  on  or  before  the  date  so  fixed,  or  the  defendant  fails  to  pay,  within  such  time  as  the  Court                 
may fix, the amount adjudged due in respect of subsequent costs, charges, expenses and interest, 
the plaintiff shall be entitled to apply for a final decree debarring the defendant from all right to 
redeem the property. 

(2) The Court may, on good cause shown and upon terms to be fixed by the Court, from time to time, 
at any time before a final decree is passed,  extend the time fixed for the payment of the amount found or 
declared due under sub-rule (1) or of the amount adjudged due in respect of subsequent costs, charges, 
expenses and interest. 

(3)  Where,  in  a  suit  for  foreclosure,  subsequent  mortgagees  or  persons  deriving  title  from,  or 
subrogated  to  the  rights  of,  any  such  mortgagees  are  joined  as  parties,  the  preliminary  decree  shall 
provide for the adjudication of the respective rights and liabilities of the parties to the suit in the manner 
and form set forth in Form No. 9 or Form No. 10, as the case may be, of Appendix D with such variations 
as the circumstances of the case may require. 

3. Final decree in foreclosure suit.—(1) Where, before a final decree debarring the defendant from 
all right to redeem the mortgaged property has been passed, the defendant makes payment into Court of 
all  amounts  due  from  him  under  sub-rule  (1)  of  rule  2,  the  Court  shall,  on  application  made  by  the 
defendant in this behalf, pass a final decree— 

1. Subs by Act 21 of 1929, s. 4, for the rules 2 to 8. 

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(a) ordering the plaintiff to deliver up the documents referred to in the preliminary decree, and, if 

necessary,— 

(b) ordering him to re-transfer at the cost or the defendant the mortgaged property as directed in 

the said decree, and also, if necessary,— 

(c) ordering him to put the defendant in possession of the property. 

(2) Where payment in accordance with sub-rule (1) has not been made, the Court shall, on application 
made  by  the  plaintiff  in  this  behalf,  pass  a  final  decree  declaring  that  the  defendant  and  all  persons 
claiming through or under him or debarred from all right to redeem the mortgaged property and also, if 
necessary, ordering the defendant to put the plaintiff in possession of the property. 

(3) On the passing of a final decree under sub-rule (2), all liabilities to which the defendant is subject 

in respect of the mortgage or on account of the suit shall be deemed to have been discharged. 

4. Preliminary decree in suit for sale.—(1) In a suit for sale, if the plaintiff succeeds, the Court shall 
pass a preliminary decree to the effect mentioned in clauses (a), (b) and (c) (i) of sub-rule (1) of rule 2, and 
further directing that, in default of the defendant paying as therein mentioned, the plaintiff shall be entitled 
to apply for a final decree directing that the mortgaged property or a sufficient part thereof be sold, and the 
proceeds of the sale (after deduction therefrom of the expenses of the sale) be paid into Court and applied in 
payment of what has been found or declared under or by the preliminary decree due to the plaintiff, together 
with  such  amount  as  may  have  been  adjudged  due  in  respect  of  subsequent  costs,  charges,  expenses  and 
interest, and the balance, if any, be paid to the defendant or other persons entitled to receive the same. 

(2) The Court may, on good cause shown and upon terms to be fixed by the Court, from time to time, 
at any time before a final decree for sale is passed, extend the time fixed for the payment of the amount 
found or declared due under sub-rule (1) or of the amount adjudged due in respect of subsequent costs, 
charges, expenses and interest. 

(3) Power to decree sale in foreclosure-suit.—In a suit for foreclosure in the case of an anomalous 
mortgage, if the plaintiff succeeds, the Court may, at the instance of any party to the suit or of any other 
person  interested  in  the  mortgage-security  or  the  right  of  redemption,  pass  a  like  decree  (in  lieu  of  a 
decree for foreclosure) on such terms as it thinks fit, including the deposit in Court of a reasonable sum 
fixed by the Court to meet the expenses of the sale and to secure the performance of the terms. 

(4)  Where,  in  a  suit  for  sale  or  a  suit  foreclosure  in  which  sale  is  ordered,  subsequent  mortgages  or 
persons  deriving  title from,  or  subrogated to  the  rights  of,  any  such  mortgagees  are joined  as  parties, the 
preliminary decree referred to in sub-rule (1) shall provide for the adjudication of the respective rights and 
liabilities of the parties to the suit in the manner and form set forth in Form No. 9, Form No. 10 or Form No. 
11 as the case may be, of Appendix D with such variations as the circumstances of the case may require. 

5.  Final  decree  in  suit for  sale.—(1)  Where,  on  or before  the  day  fixed  or  at  any  time  before  the 
confirmation  of  a  sale  made  in  pursuance  of  a  final  decree  passed  under  sub-rule  (3)  of  this  rule,  the 
defendant makes payment into Court of all amounts due from him under sub-rule (1) of rule 4, the Court 
shall, on application made by the defendant in this behalf, pass a final decree or, if such decree has been 
passed, an order—  

(a) ordering the plaintiff to deliver up the documents referred to in the preliminary decree, and, if 

necessary,— 

(b)  ordering  him  to  transfer  the  mortgaged  property  as  directed in the  said decree,  and,  also, if 

necessary,— 

(c) ordering him to put the defendant in possession of the property. 

(2) Where the mortgaged property or part thereof has been sold in pursuance of a decree passed under 
sub-rule  (3)  of  this  rule,  the  Court  shall  not  pass  an  order  under  sub-rule  (1)  of  this  rule,  unless  the 
defendant,  in  addition  to  the  amount  mentioned  in  sub-rule  (1),  deposits  in  Court  for  payment  to  the 
purchaser  a  sum  equal  to  five  per  cent.  of  the  amount  of  the  purchase-money  paid  into  Court  by  the 
purchaser. 

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Where such deposit has been made, the purchaser shall be entitled to an order for repayment of the 
amount of the purchase-money paid into Court by him, together with a sum equal to five per cent. thereof. 

(3) Where payment in accordance with sub-rule (1) has not been made, the Court shall, on application 
made  by  the  plaintiff  in  this  behalf,  pass  a  final  decree  directing  that  the  mortgaged  property  or  a 
sufficient part thereof be sold, and that the proceeds of the sale be dealt with in the manner provided in 
sub-rule (1) of rule 4. 

6. Recovery of balance due on mortgage in suit for sale.—Where the net proceeds of any sale held 
under 1[rule 5] are found insufficient to pay the amount due to the plaintiff, the Court, on application by 
him may, if the balance is legally recoverable from the defendant otherwise than out of the property sold, 
pass a decree for such balance. 

7. Preliminary decree in redemption suit.—(1) In a suit for redemption, if the plaintiff succeeds, 

the Court shall pass a preliminary decree—  

(a) ordering that an account be taken of what was due to the defendant at the date of such decree 

for—  

(i) principal and interest on the mortgage, 

(ii) the costs of suit, if any, awarded to him, and 

(iii) other costs, charges and expenses properly incurred by him up to that date, in respect of 

mortgage-security, together with interest thereon; or 

(b) declaring the amount so due at that date; and 

(c) directing—  

(i) that, if the plaintiff pays into Court the amount so found or declared due on or before such 
date  as  the  Court  may  fix  within  six  months  from  the  date  on  which  the  Court  confirms  and 
countersigns  the  account  taken  under  clause  (a),  or  from  the  date  on  which  such  amount  is 
declared in Court under clause (b), as the case may be, and thereafter pays such amount as may be 
adjudged  due  in  respect  of  subsequent  costs,  charges  and  expenses  as  provided  in  rule  10, 
together with subsequent interest on such sums respectively as provided in rule 11, the defendant 
shall deliver up to the plaintiff, or to such person as the plaintiff appoints, all documents in his 
possession  or power  relating  to  the  mortgaged  property,  and  shall, if  so  required,  retransfer the 
property to the plaintiff at his cost free from the mortgage and from all encumbrances created by 
the defendant or any person claiming under him where the defendant claims by derived title, by 
those under  whom  the  claims,  and  shall also,  if  necessary  put the  plaintiff  in  possession  of the 
property; and 

(ii) that, if payment of the amount found or declared due under or by the preliminary decree is 
not made on or before the date so fixed, or the plaintiff fails to pay, within such time as the Court 
may fix, the amount adjudged due in respect of subsequent costs, charges, expenses and interest, 
the defendant shall be entitled to apply for a final decree— 

(a)  in  the  case  of  a  mortgage  other  than  a  usufructuary  mortgage,  a  mortgage  by 
conditional sale, or an anomalous mortgage the terms of which provide for foreclosure only 
and not for sale, that the mortgage property, be sold, or 

(b)  in  the  case  of  a  mortgage  by  conditional  sale  or  such  an  anomalous  mortgage  as 

aforesaid, that the plaintiff be debarred from all right to redeem the property. 

(2) The Court may, on good cause shown and upon terms to be fixed by the Court, from time to time, 
at any time before the passing of a final decree for foreclosure or sale, as the case may be, extend the time 
fixed for the payment of the amount found or declared due under sub-rule (1) or of the amount adjudged 
due in respect of subsequent costs, charges, expenses and interest. 

8. Final decree in redemption suit.—(1) Where, before a final decree debarring the plaintiff from 
all right to redeem the mortgaged property has been passed or before the confirmation of a sale held in 

1. Subs. by Act 104 of 1976, s. 82, for “the last preceding rule” (w.e.f. 1-2-1977). 

202 

 
                                                      
pursuance  of  a  final  decree  passed  under  sub-rule  (3)  of  this  rule,  the  plaintiff  makes  payment  into 
Court of all amounts due from him under sub-rule (1) of rule 7, the Court shall, on application made by 
the plaintiff in this behalf, pass a final decree or, if such decree has been passed, an order— 

(a) ordering the defendant to delivery up the documents referred to in the preliminary decree,  

and, if necessary,— 

(b) ordering him to re-transfer at the cost of the plaintiff the mortgaged property as directed in the 

said decree, 

and, also, if necessary,— 

(c) ordering him to put the plaintiff in possession of the property. 

(2)  Where  the  mortgaged  property  or  a  part  thereof  has  been  sold  in  pursuance  of  a  decree  passed 
under sub-rule (3) of this rule, the Court shall not pass an order under sub-rule (1) of this rule, unless the 
plaintiff,  in  addition  to  the  amount  mentioned  in  sub-rule  (1),  deposits  in  Court  for  payment  to  the 
purchaser  a  sum  equal  to  five  per  cent.  of  the  amount  of  the  purchase-money  paid  into  Court  by  the 
purchaser. 

Where such deposit has been made, the purchaser shall be entitled to an order for repayment of the 
amount of the purchase-money paid into Court by him, together with a sum equal to five per cent. thereof. 

(3) Where payment in accordance with sub-rule (1) has not been made, the Court shall, on application 

made by the defendant in this behalf,—  

(a)  in  the  case  of  a  mortgage  by  conditional  sale  or  of  such  an  anomalous  mortgage  as  is 
hereinbefore  referred  to  in  rule  7,  pass  a  final  decree  declaring  that  the  plaintiff  and  all  persons 
claiming  under  him  are  debarred  from  all  right  to  redeem  the  mortgaged  property  and,  also,  if 
necessary, ordering the plaintiff to put the defendant in possession of the mortgaged property; or  

(b) in the case of any other mortgage, not being a usufructuary mortgage, pass final decree that 
the  mortgaged  property  or  a  sufficient  part  thereof  be  sold,  and  the  proceeds  of  the  sale  (after 
deduction  therefrom  of  the  expenses  of  the  sale)  be  paid  into  Court  and  applied  in  payment  of 
what is found due to the defendant, and the balance, if any, be paid to the plaintiff or other persons 
entitled to receive the same.] 

1[8A. Recovery of balance due on mortgage in suit for redemption.—Where the net proceeds of 
any sale held under 2[rule 8] are found insufficient to pay the amount due to the defendant, the Court, 3[on 

application by him in execution], may, if the balance is legally recoverable from the plaintiff otherwise 
than out of the property sold, pass a decree for such balance.] 

9. Decree where nothing is found due or where mortgagee has been overpaid.—Notwithstanding 
anything hereinbefore contained, if it appears, upon taking the account referred to in rule 7, that nothing is 
due to the defendant or that he has been overpaid, the Court shall pass a decree directing the defendant, if so 
require, to re-transfer the property and to pay to the plaintiff the amount which may be found due to him; 
and the plaintiff shall, if necessary, be put in possession of the mortgaged property. 

4[10.  Costs  of  mortgagee  subsequent  to  decree.—In  finally  adjusting  the  amount  to  be  paid  to  a 
mortgagee in case of a foreclosure, sale or redemption, the Court shall, unless in the case of costs of the 
suit the conduct of the mortgagee has been such as to disentitle him thereto, add to the mortgage-money 
such costs of the suit and other costs, charges and expenses as have been properly incurred by him since 
the date of the preliminary decree for foreclosure, sale or redemption up to the time of actual payment:] 

1. Ins. by Act 21 of 1929, s. 5. 
2. Subs. by Act 104 of 1976, s. 82, for “the last preceding rule” (w.e.f. 1-2-1977). 
3. Subs. by s. 82, ibid., for “an application by him” (w.e.f. 1-2-1977). 
4. Subs. by Act 21 of 1929, s. 6, for rules 10 and 11. 

203 

 
                                                      
1[Provided  that  where  the  mortgagor,  before  or  at  the  time  of  the  institution  of  the  suit,  tenders  or 
deposits the amount due on the mortgage, or such amount as is not subsequently deficient in the opinion 
of the Court, he shall not be ordered to pay the costs of the suit to the mortgagee and the mortgagor shall 
be entitled to recover his own costs of the suit from the mortgagee, unless the Court, for reasons to be 
recorded, otherwise directs.] 

2[10A. Power of Court to direct mortgagee to pay mesne profits.—Where in a suit for foreclosure, the 
mortgagor has, before or at the time of the institution of the suit, tendered or deposited the sum due on the 
mortgage, or such sum as is not substantially deficient in the opinion of the Court, the Court shall direct the 
mortgagee to pay to the mortgagor mesne profits for the period beginning with the institution of the suit]. 

11.  Payment  of  interest.—In  any  decree  passed  in  a  suit  for  foreclosure,  sale  or  redemption,  where 
interest is legally recoverable, the Court may order payment of interest to the mortgagee as follows, namely:— 

(a)  interest  up  to  the  date  on  or  before  which  payment  of  the  amount  found  or  declared  due  is 

under the preliminary decree to be made by the mortgagor or other person redeeming the mortgage— 

(i) on the principal amount found or declared due on the mortgage,—at the rate payable on 

the principal, or, where no such rate is fixed, at such rate as the Court deems reasonable, 

2* 

* 

* 

* 

*and 

(iii)  on  the  amount  adjudged  due  to  the  mortgagee  for  costs,  charges  and  expenses  properly 
incurred  by  the  mortgagee  in  respect  of  the  mortgage-security  up  to  the  date  of  the  preliminary 
decree and added to the mortgage-money,—at the rate agreed between the parties or, failing such 
rate, 3[at such rate not exceeding six per cent. per annum as the Court deems reasonable]; and 

4[(b) subsequent interest up to the date of realisation or actual payment on the aggregate of the 
principal sums specified in clause (a) as calculated in accordance with that clause at such rate as the 
Court deems reasonable.] 

12. Sale of property subject to prior mortgage.—Where any property the sale of which is directed 
under this Order is subject to a prior mortgage, the Court may, with the consent of the prior mortgagee, 
direct that the property- be sold free from the same, giving to such prior mortgagee the same interest in the 
proceeds of the sale as he had in the property sold. 

13.  Application  of  proceeds.—(1)  Such  proceeds  shall  be  brought  into  Court  and  applied  as 

follows:— 

first,  in  payment  of  all  expenses  incident  to  the  sale  or  properly  incurred  in  any  attempted 

sale; 

secondly, in payment of whatever is due to the prior mortgagee on account of the prior mortgage, 

and of costs, properly incurred in connection therewith; 

thirdly, in payment in all interest due on account of the mortgage in consequence whereof the sale 

was directed, and of the costs of the suit in which the decree directing the sale was made; 

fourthly, in payment of the principal money due on account of that mortgage; and 

lastly,  the  residue  (if  any)  shall  be  paid  to  the  person  proving  himself  to  be  interested  in  the 
property sold, or if there are more such persons than one, than two, to such persons according to their 
respective interests therein or upon their joint receipt. 

(2) Nothing in this rule or in rule 12 shall be deemed to affect the powers conferred by section 57 of 

the Transfer of Property Act, 1882 (4 of 1882). 

1. Ins. by Act 104 of 1976, s. 82 (w.e .f. 1-2-1977). 
2. Sub-clause (ii) omitted by Act 66 of 1956, s. 14 (w.e.f. 1-1-1957). 
3. Subs. by s. 14, ibid., for certain words (w.e.f. 1-1-1957). 
4. Subs. by s. 14, ibid., for clause (b) (w.e.f. 1-1-1957). 

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14. Suit for sale necessary for bringing mortgaged property to sale.—(1) Where a mortgage has 
obtained a decree for the payment of money in satisfaction of a claim arising under the mortgage, he shall 
not  be  entitled  to  bring  the  mortgaged  property  to  sale  otherwise  than  by  instituting  a  suit  for  sale  in 
enforcement  of  the  mortgage,  and  he  may  institute  such  suit  notwithstanding  anything  contained  in               
Order II, rule 2. 

(2) Nothing in sub-rule (1) shall apply to any territories to which the Transfer of Property Act, 1882 

(4 of 1882), has not been extended. 

1[15. Mortgages by the deposit of title deeds and charges.—2[(1)] All the provisions contained in 
this Order which apply to a simple mortgage shall, so far as may be, apply to a mortgage by deposit of 
title-deeds  within the  meaning  of  section  58,  and to a  charge  within the  meaning  of  section  100  of  the 
Transfer of Property Act, 1882 (4 of 1882); 

3[(2) Where a decree orders payment of money and charges it on immovable property on default of 

payment, the amount may be realised by sale of that property in execution of that decree.] 

ORDER XXXV 

INTERPLEADER 

1. Plaint in interpleader-suit.—In every suit of interpleader the plaint shall, in addition to the other 

statements necessary for plaints, state—  

(a) that the plaintiff claims no interest in the subject-matter in dispute other than for 

charges or costs; 

(b) the claims made by the defendants severally; and 

(c) that there is no collusion between the plaintiff and any of the defendants. 

2. Payment of thing claimed into Court.—Where the thing claimed is capable of being paid into 
Court or placed in the custody of the Court, the plaintiff may be required to so pay or place it before he 
can be entitled to any order in the suit. 

3.  Procedure  where  defendant  is  suing  plaintiff.—Where  any  of  the  defendants  in  an 
interpleader-suit is actually suing the plaintiff in respect the subject-matter of such suit, the Court in 
which  the  suit  against  the  plaintiff  is  pending  shall,  on  being  informed  by  the  Court  in  which  the 
interpleader-suit has been instituted, stay the proceedings as against him; and his costs in the suit so 
stayed may be provided for in such suit; but if, and in so far as, they are not provided for in that suit, 
they may be added to his costs incurred in the interpleader-suit. 

4. Procedure at first hearing.—(1) At the first hearing the Court may— 

(a)  declare  that  the  plaintiff  is  discharged  from  all  liability  to  the  defendants  in  respect  of  the 

thing claimed, award him his costs, and dismiss him from the suit; or 

(b) if it thinks that justice or convenience so require, retain all parties until the final disposal of 

the suit. 

(2) Where the Court finds that the admission of the parties or other evidence enable it to do so, it may 

adjudicate the title to the thing claimed. 

(3) Where the admissions of the parties do not enable the Court so to adjudicate, it may direct—  

(a) that an issue or issues between the parties be framed and tried, and 

(b) that any claimant be made a plaintiff in lieu of or in addition to the original plaintiff, 

and shall proceed to try the suit in the ordinary, manner. 

1. Subs. by Act 21 of 1929, s. 7, for rule 15. 
2. Rule 15 renumbered as sub -rule (1) by Act 104 of 1976, s. 82 (w.e.f. 1-2-1977). 
3. Ins. by s. 82, ibid. (w.e.f. 1-2-1977). 

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5. Agents and tenants may not institute interpleader suits.—Nothing in this Order shall be deemed 
to  enable  agents  to  sue  their  principals,  or  tenants  to  sue  their  landlords,  for  the  purpose  of  compelling 
them to interplead with any persons other than persons making claim through such principals or landlords. 

Illustrations 

(a) A deposits a box of jewels with B as his agent. C alleges that the jewels were wrongfully obtained 

from him by A, and claims them from B. B cannot institute an interpleader-suit against A and C. 

(b) A deposits a box of jewels with B as his agent. He then writes to C for the purpose of making the 
jewels  a  security  for  a  debt  due  from  himself  to  C.  A  afterwards  alleges  that  C’s  debt  is  satisfied,  and        
C alleges the contrary. Both claim the jewels from B. B may institute in interpleader-suit against A and C. 

6. Charge for plaintiff’s costs.—Where the suit is properly instituted the Court may provide for the 

costs of the original plaintiff by giving him a charge on the thing claimed or in some other effectual way. 

ORDER XXXVI  
SPECIAL CASE 

1. Power to state case for Court’s opinion.—(1) Parties claiming to be interested in the decision of 
any question of fact or law may enter into an agreement in writing stating such question in the form of a 
case  for the  opinion  of  the  Court,  and  providing  that,  upon  the  finding  of  the  Court  with  respect to  such 
question,—  

(a) a sum of money fixed by the parties or to be determined by the Court shall be paid by one of 

the parties to the other of them; or 

(b) some property, movable or immovable, specified in the agreement, shall be delivered by one 

of the parties to the other of them; or 

(c) one or more of the parties shall do, or refrain from doing, some other particular act specified 

in the agreement. 

(2)  Every  case stated  under  this  rule shall  be  divided  into consecutively  numbered  paragraphs,  and 
shall concisely state such facts and specify such documents as may be necessary to enable the Court to 
decide the question raised thereby. 

2. Where value of subject-matter must be stated.—Where the agreement is for the delivery of any 
property,  or  for  the  doing,  or  the  refraining  from  doing,  any  particular  act,  the  estimated  value  of  the 
property to be delivered, or to which the act specified has reference, shall be stated in the agreement. 

3. Agreement to be filed and registered as suit.—(1) The agreement, if framed in accordance with 
the  rules  hereinbefore  contained,  may  be  filed  1[with  an  application]  in  the  Court  which  would  have 
jurisdiction  to  entertain  a  suit,  the  amount  or  value  of  the  subject-matter  of  which  is  the  same  as  the 
amount or value of the subject-matter of the agreement. 

(2) 2[The application] when so filed, shall be numbered and registered as a suit between one or more 
of  the  parties  claiming  to  be  interested  as  plaintiff  or  plaintiffs,  and  the  other  or  the  others  of  them  as 
defendant or defendants; and notice shall be given to all the parties to the agreement, other than the party 
or parties by whom 3[the application was presented.] 

4. Parties to be subject to Court’s jurisdiction.—Where the agreement has been filed, the parties to 

it shall be subject to the jurisdiction of the Court and shall be bound by the statements contained therein. 

5. Hearing and disposal of case.—(1) The case shall be set down for hearing as a suit instituted in the 

ordinary manner, and the provisions of this Code shall apply to such suit so far as the same are applicable. 

1. Ins. by Act 104 of 1976, s. 83 (w.e.f. 1-2-1977). 
2. Subs. by s. 83, ibid., for “The agreement” (w.e.f. 1-2-1977). 
3. Subs. by s. 83, ibid., for “it was presented” (w.e.f. 1-2.1977). 

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(2) Where the Court is satisfied, after examination of the parties, or after taking such evidence as it 

thinks fit—  

(a) that the agreement was duly executed by them, 

(b) that they have a bona fide interest in question stated therein, and 

(c) that the same is fit to be decided, 

it  shall  proceed  to  pronounce  judgment  thereon,  in  the  same  way  as  in  an  ordinary  suit,  and  upon  the 
judgment so pronounced a decree shall follow. 

1[6. No appeal from a decree passed under rule 5.—No appeal shall lie from a decree passed under 

rule 5.] 

ORDER XXXVII 
SUMMARY PROCEDURE  2*** 

3[1. Courts and classes of suits to which the Order is to apply.—(1) This Order shall apply to the 

following Courts, namely:—  

(a) High Courts, City Civil Courts and Courts of Small Causes; and 

(b) other Courts: 

Provided that in respect of the Courts referred to in clause (b), the High Court may, by notification in 
the Official Gazette, restrict the operation of this Order only to such categories of suits as it deems proper, 
and may also, from time to time, as the circumstances of the case may require, by subsequent notification 
in  the  Official  Gazette,  further  restrict,  enlarge  or  vary,  the  categories  of  suits  to  be  brought  under  the 
operation of this Order as it deems proper. 

(2)  Subject  to  the  provisions  of  sub-rule  (1),  the  Order  applies  to  the  following  classes  of  suits, 

namely:—  

(a) suits upon bills of exchange, hundies and promissory notes; 

(b)  suits  in  which  the  plaintiff  seeks  only  to  recover  a  debt  or  liquidated  demand  in  money 

payable by the defendant, with or without interest, arising,—  

(i)  on a written contract, or 

(ii)  on an enactment, where the sum sought to be recovered is a fixed sum of money or in the 

nature of a debt other than a penalty; or 

(iii) on a guarantee, where the claim against the principal is in respect of a debt or liquidated 

demand only.] 

4[2.  Institution  of  summary  suits.—(1)  A  suit,  to  which  this  Order  applies,  may  if  the  plaintiff 

desires to proceed hereunder, be instituted by presenting a plaint which shall contain,—  

(a) a specific averment to the effect that the suit is filed under this Order; 

(b) that no relief, which does not fall within the ambit of this rule, has been claimed in the plaint; 

and 

(c)  the  following  inscription,  immediately  below  the  number  of  the  suit  in  the  title  of  the  suit, 

namely :—  

“(Under Order XXXVII of the Code of Civil Procedure, 1908).” 

(2) The summons of the suit shall be in Form No. 4 in Appendix  B or in such other Form as may, 

from time to time, be prescribed. 

(3) The defendant shall not defend the suit referred to in sub-rule (1) unless he enters an appearance 
and in default of his entering an appearance the allegations in the plaint shall be deemed to be admitted 

1. Ins. by s. 83, ibid. (w.e.f. 1-2-1977). 
2. The words “On Negotiable Instruments” omitted by s. 84, ibid. (w.e.f. 1-2-1977). 
3. Subs. by s. 84, ibid., for rule 1 (w.e.f. 1-2-1977). 
4. Subs. by Act 104 of 1976, s. 84, for rule 2 (w.e.f. 1-2-1977). 

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and  the  plaintiff  shall  be  entitled  to  a  decree  for  any  sum,  not  exceeding  the  sum  mentioned  in  the 
summons, together with interest at the rate specified, if any, up to the date of the decree and such sum for 
costs as may be determined by the High Court from time to time by rules made in that behalf and such 
decree may be executed forthwith.] 

1[3. Procedure for the appearance of defendant—(1) In a suit to which this Order applies, the plaintiff 
shall, together with the summons under rule 2, serve on the defendant a copy of the plaint and annexures 
thereto and the defendant may, at any time within ten days of such service, enter an appearance either in 
person or by pleader and, in either case, he shall file in Court an address for service of notices on him. 

(2)  Unless  otherwise  ordered,  all  summonses,  notices  and  other  judicial  processes,  required  to  be 
served on the defendant, shall be deemed to have been duly served on him if they are left at the address 
given by him for such service. 

(3) On the day of entering the appearance, notice of such appearance shall be given by the defendant 
to  the  plaintiff’s  pleader,  or,  if  the  plaintiff  sues  in  person,  to  the  plaintiff  himself,  either  by  notice 
delivered at or sent by a pre-paid letter directed to the address of the plaintiff's pleader or of the plaintiff, 
as the case may be. 

(4)  If  the  defendant  enters  an  appearance,  the  plaintiff  shall  thereafter  serve  on  the  defendant  a 
summons for judgment in Form No. 4A in Appendix B or such other Form as may be prescribed from 
time to time, returnable not less than ten days from the date of service supported by an affidavit verifying 
the cause of action and the amount claimed and stating that in his belief there is no defence to the suit. 

(5) The defendant may, at any time within ten days from the service of such summons for judgment, 
by affidavit or otherwise disclosing such facts as may be deemed sufficient to entitle him to defend, apply 
on  such  summons  for  leave  to  defend  such  suit,  and  leave  to  defend  may  be  granted  to  him 
unconditionally or upon such terms as may appear to the Court or Judge to be just: 

Provided that leave to defend shall not be refused unless the Court is satisfied that the facts disclosed 
by the defendant do not indicate that he has a substantial defence to raise or that the defence intended to 
be put up by the defendant is frivolous or vexatious: 

Provided further that, where a part of the amount claimed by the plaintiff is admitted by the defendant 
to be due from him, leave to defend the suit shall not be granted unless the amount so admitted to be due 
is deposited by the defendant in Court. 

(6) At the hearing of such summons for judgment,— 

(a) if the defendant has not applied for leave to defend, or if such application has been made and 

is refused, the plaintiff shall be entitled to judgment forthwith; or 

(b) if the defendant is permitted to defend as to the whole or any part of the claim, the Court or 
Judge may direct him to give such security and within such time as may be fixed by the Court or Judge 
and that, on failure to give such security within the time specified by the Court or Judge or to carry out 
such other directions as may have been given by the Court or Judge, the plaintiff shall be entitled to 
judgment forthwith. 

(7) The  Court  or Judge  may,  for  sufficient  cause  shown  by  the  defendant,  excuse the  delay  of  the 

defendant in entering an appearance or in applying for leave to defend the suit.] 

4. Power to set aside decree.—After decree the Court may, under special circumstances  set aside 
the decree, and if necessary stay or set aside execution, and may give leave to the defendant to appear to 
the summons and to defend the suit, if it seems reasonable to the Court so to do, and on such terms as the 
Court thinks fit. 

5. Power to order bill, etc., to be deposited with officer of Court.—In any proceeding under this 
Order the Court may order the bill, hundi or note on which the suit is founded to be forthwith deposited 

1. Subs. by s. 84, ibid., for rule 3 (w.e.f. 1-2-1977). 

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with an officer of the Court, and may further order that all proceedings shall be stayed until the plaintiff 
gives security for the costs thereof. 

6. Recovery of cost of noting non-acceptance of dishonoured bill or note.—The holder of every 
dishonoured bill of exchange or promissiory note shall have the same remedies for  the recovery of the 
expenses  incurred  in  noting  the  same  for  non-acceptance  or  non-payment,  or  otherwise,  by  reason  of 
such dishonour, as he has under this Order for the recovery of the amount of such bill or note. 

7. Procedure in suits.—Save as provided by this Order, the procedure in suits hereunder shall be the 

same as the procedure in suits instituted in the ordinary manner. 

ORDER XXXVIII 

ARREST AND ATTACHMENT BEFORE JUDGMENT 

Arrest before judgment 

1.  Where  defendant  may  be  called  upon  to  furnish  security  for  appearance.—Where  at  any 
stage of a suit, other than a suit of the nature referred to in section 16, clauses  (a) to (d), the Court is 
satisfied, by affidavit or otherwise,—  

(a) that the defendant, with intent to delay the plaintiff, or to avoid any process of the Court or to 

obstruct or delay the execution of any decree that may be passed against him,—  

(i) has absconded or left the local limits of the jurisdiction of the Court, or 

(ii) is about to abscond or leave the local limits of the jurisdiction of the Court, or 

(iii)  has  disposed  of  or  removed  from  the  local  limits  of  the  jurisdiction  of  the  Court  his 

property or any part thereof, or 

(b)  that  the  defendant  is  about  to  leave  1[India]  under  circumstances  affording  reasonable 
probability  that  the  plaintiff  will  or  may  thereby  be  obstructed  or  delayed  in  the  execution  of  any 
decree that may be passed against the defendant in the suit, 

the Court may issue a warrant to arrest the defendant and bring him before the Court to show cause why 
he should not furnish security for his appearance: 

Provided that the defendant shall not be arrested if he pays to the officer entrusted with the execution of 
the warrant any sum specified in the warrant as sufficient to satisfy the plaintiff's claim; and such sum shall 
be held in deposit by the Court until the suit is disposed of or until the further order of the Court. 

2. Security.—(1) Where the defendant fails to show such cause the Court shall order him either to 
deposit in Court money or other property sufficient to answer the claim against him, or to furnish security 
for his appearance at any time when called upon while the suit is pending and until satisfaction of any 
decree that may be passed against him in the suit, or make such order as it thinks fit in regard to the sum 
which may have been paid by the defendant under the proviso to the last preceding rule. 

(2) Every surety for the appearance of a defendant shall bind himself, in default of such appearance, 

to pay any sum of money which the defendant may be ordered to pay in the suit. 

3. Procedure on application by surety to be discharged.—(1) A surety for the appearance of a defendant 

may at any time apply to the Court in which he became such surety to be discharged from his obligation. 

(2) On such application being made, the Court shall summon the defendant to appear or, if it thinks 

fit, may issue a warrant for his arrest in the first instance. 

1. Subs. by Act 2 of 1951, s. 3, for “the States”. 

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(3) On the appearance of the defendant in pursuance of the summons or warrant, or on his voluntary 
surrender, the Court shall direct the surety to be discharged from his obligation, and shall call upon the 
defendant to find fresh security. 

4. Procedure where defendant fails to furnish security or find fresh security.—Where the defendant 
fails to comply with any order under rule 2 or rule 3, the Court may commit him to the civil prison until the 
decision of the suit or, where a decree is passed against the defendant, until the decree has been satisfied: 

Provided that no person shall be detained in prison under this rule in any case for a longer period than 
six months, nor for a longer period than six weeks when the amount or value of the subject-matter of the 
suit does not exceed fifty rupees: 

Provided  also that  no  person  shall  be  detained  in  prison  under  this rule  after  he  has  complied  with 

such order. 

Attachment before judgment 

5.  Where  defendant  may  be  called  upon 

to 

furnish  security 

for  production  of                          

property.—(1)  Where,  at  any  stage  of  a  suit,  the  Court  is  satisfied,  by  affidavit  or  otherwise,  that  the 
defendant, with intent to obstruct or delay the execution of any decree that may be passed against him,—  

(a) is about to dispose of the whole or any part of his property, or 

(b)  is  about  to  remove  the  whole  or  any  part  of  his  property  from  the  local  limits  of  the 

jurisdiction of the Court, 

the Court may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum 
as may be specified in the order, to produce and place at the disposal of the Court, when required, the said 
property or the value of the same, or such portion thereof as may be sufficient to satisfy the decree, or to 
appear and show cause why he should not furnish security. 

(2) The plaintiff shall, unless the Court otherwise directs, specify the property required to be attached 

and the estimated value thereof. 

(3) The Court may also in the order direct the conditional attachment of the whole or any portion of 

the property so specified. 

1[(4) If an order of attachment is made without complying with the provisions of sub-rule (1) of this 

rule, such attachment shall be void.] 

6. Attachment where cause not shown or security not furnished.—(1) Where the defendant fails 
to show cause why he should not furnish security, or fails to furnish the security required, within the time 
fixed  by  the  Court,  the  Court  may  order  that  the  property  specified,  or  such  portion  thereof  as appears 
sufficient to satisfy any decree which may be passed in the suit, be attached. 

(2)  Where  the  defendant  shows  such  cause  or  furnishes  the  required  security,  and  the  property 
specified or any portion of it has been attached, the Court shall order the attachment to be withdrawn, or 
make such other order as it thinks fit. 

7.  Mode  of  making  attachment.—Save  as  otherwise  expressly  provided,  the  attachment  shall  be 

made in the manner provided for the attachment of property in execution of a decree. 

2[8. Adjudication of claim to property attached before judgment.—Where any claim is preferred to 
property attached before judgment, such claim shall be adjudicated upon in the manner hereinbefore provided 
for the adjudication of claim to property attached in execution of a decree for the payment of money.] 

9. Removal of attachment when security furnished or suit dismissed.—Where an order is made 
for attachment before judgment, the Court shall order the attachment to be withdrawn when the defendant 
furnishes the security required, together with security for the cost of the attachment, or when the suit is 
dismissed. 

1. Ins. by Act 104 of 1976, s. 85 (w.e.f. 1-2-1977). 
2. Subs. by Act 104 of 1976, s. 85, for rule 8 (w.e.f. 1-2-1977). 

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10. Attachment before judgment not to affect rights of strangers, nor bar decree-holder from 
applying  for  sale.—Attachment  before  judgment  shall  not  affect  the  rights,  existing  prior  to  the 
attachment, of persons not parties to the suit, nor bar any person holding a decree against the defendant 
from applying for the sale of the property under attachment in execution of such decree. 

11.  Property  attached  before  judgment  not  to  be  re-attached  in  execution  of  decree.—Where 
property  is  under  attachment  by  virtue  of  the  provisions  of  this  order  decree  is  subsequently  passed  in 
favour of the plaintiff, it shall not be necessary upon an application for execution of such decree to apply 
for a re-attachment of the property. 

1[11A.  Provisions  applicable  to  attachment.—(1)  The  provisions  of  this  Code  applicable  to  an 
attachment  made  in  execution  of a  decree shall,  so  far  as  may  be,  apply  to  an  attachment  made  before 
judgment which continues after the judgment by virtue of the provisions of rule 11. 

(2)  An  attachment  made  before judgment  in a  suit  which  is  dismissed  for  default shall  not  become 
revived merely by reason of the fact that the order for the dismissal of the suit for default has been set 
aside and the suit has been restored.] 

12. Agricultural produce not attachable before judgment.—Nothing in this Order shall be deemed 
to authorise the plaintiff to apply for the attachment of any agricultural produce in the possession of an 
agriculturist, or to empower the Court to order the attachment or production of such produce. 

2[13.  Small  Cause  Court  not  to  attach  immovable  property.—Nothing  in  this  Order  shall  be 
deemed  to  empower  any  Court  of  Small  Causes  to  make  an  order  for  the  attachment  of  immovable 
property.] 

ORDER XXXIX 

TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS 

Temporary injunctions 

1.  Cases  in  which  temporary  injunction  may  be  granted.—Where  in  any  suit  it  is  proved  by 

affidavit or otherwise— 

(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by 

any party to the suit, or wrongfully sold in execution of a decree, or 

(b) that the defendant threatens, or intends, to remove or dispose of his property with a view to 

3[defrauding] his creditors, 

4[(c)  that  the  defendant  threatens  to  dispossess,  the  plaintiff  or  otherwise  cause  injury  to  the 

plaintiff in relation to any property in dispute in the suit,] 

the Court may by order grant a temporary injunction to restrain such act, or make such other order for the 
purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the 
property  5[or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation to any 
property in dispute in the suit] as the Court thinks fit, until the disposal of the suit or until further orders. 

2. Injunction to restrain repetition or continuance of breach.—(1) In any suit for restraining the 
defendant  from  committing  a  breach  of  contract  or  other  injury  of  any  kind,  whether  compensation  is 
claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either 
before  or  after  judgment,  apply  to  the  Court  for  a  temporary  injunction  to  restrain  the  defendant  from 
committing the breach of contract or injury complained, of, or any breach of contract or injury of a like 
kind arising out of the same contract or relating to the same property or right. 

1. Ins. by s. 85, ibid. (w.e.f. 1-2-1977). 
2. Ins. by Act 1 of 1926, s. 4. 
3. Subs. by Act 104 of 1976, s. 86, for “defraud” (w.e.f. 1 -2-1977). 
4. Ins. by s. 86, ibid. (w.e.f. 1-2-1977). 
5. Ins. by Act 104 of 1976, s. 86 (w.e.f. 1-2-1977). 

211 

 
                                                      
(2) The Court may by order grant such injunction, on such terms as to the duration of the injunction, 

keeping an account, giving security, or otherwise, as the Court thinks fit. 

1* 

* 

* 

* 

* 

1[2A.  Consequence  of  disobedience  or  breach  of  injunction.—(1)  In  the  case  of  disobedience  of 
any injunction granted or other order made under rule 1 or rule 2 or breach of any of the terms on which 
the injunction was granted or the order made, the Court granting the injunction or making the order, or 
any Court to which the suit or proceeding is transferred, may order the property of the person guilty of 
such  disobedience  or  breach  to  be attached, and  may  also  order  such  person  to be  detained  in  the  civil 
prison for a term not exceeding three months, unless in the meantime the Court directs his release. 

(2) No attachment made under this rule shall remain in force for more than one year, at the end of 
which  time,  if  the  disobedience  or  breach  continues,  the  property  attached  may  be  sold  and  out  of  the 
proceeds, the Court may award such compensation as it thinks fit to the injured party and shall pay the 
balance, if any, to the party entitled thereto.] 

3.  Before  granting  injunction,  Court  to  direct  notice  to  opposite  party.—The  Court  shall  in  all 
cases, except where it appears that the object of granting the injunction would be defeated by the delay, 
before  granting  an  injunction,  direct  notice  of  the  application  for  the  same  to  be  given  to  the  opposite 
party: 

1[Provided that, where it is proposed to grant an injunction without giving notice of the application to 
the  opposite  party,  the  Court  shall  record  the  reasons  for  its  opinion  that  the  object  of  granting  the 
injunction would be defeated by delay, and require the applicant—  

(a)  to  deliver  to the  opposite  party,  or  to  send to  him  by  registered  post,  immediately  after  the 
order granting the injunction has been made, a copy of the application for injunction together with—  

(i) a copy of the affidavit filed in support of the application; 

(ii) a copy of the plaint; and 

(iii) copies of documents on which the applicant, relies, and 

(b) to file, on the day on which such injunction is granted or on the day immediately following 

that day, an affidavit stating that the copies aforesaid have been so delivered or sent.] 

1[3A. Court to dispose of application for injunction within thirty days.—Where an injunction has 
been  granted  without  giving  notice  to  the  opposite  party,  the  Court  shall  make  an  endeavour  to  finally 
dispose  of  the  application  within  thirty  days  from  the  date  on  which  the  injunction  was  granted;  and 
where it is unable so to do, it shall record its reasons for such inability.] 

4. Order for injunction may be discharged, varied or set aside.—Any order for an injunction may 
be discharged, or varied, or set aside by the Court, on application made thereto by any party dissatisfied 
with such order: 

2[Provided that if in an application for temporary injunction or in any affidavit supporting such application, 
a  party  has  knowingly  made  a  false  or  misleading  statement  in  relation  to  a  material  particular  and  the 
injunction was granted without giving notice to the opposite party, the Court shall vacate the injunction unless, 
for reasons to be recorded, it considers that it is not necessary so to do in the interests of justice: 

Provided  further  that  where  an  order  for  injunction  has  been  passed  after  giving  to  a  party  an 
opportunity of being heard, the order shall not be discharged, varied or set aside on the application of that 
party  except  where  such  discharge,  variation  or  setting  aside  has  been  necessitated  by  a  change  in  the 
circumstances, or unless the Court is satisfied that the order has caused undue hardship to that party.] 

1. Sub-rules (3) and (4) omitted by s. 86, ibid. (w.e.f. 1-2-1977). 
2. Ins. by Act 104 of 1976, s. 86 (w.e.f. 1-2-1977). 

212 

 
 
 
 
 
 
 
  
 
                                                      
5.  Injection  to  corporation  binding  on  its  officer.—An  injunction  directed  to  a  corporation  is 
binding not only on the corporation itself, but also on all members and officers of the corporation whose 
personal action it seeks to restrain. 

Interlocutory orders 

6. Power to order interim sale.—The Court may, on the application of any party to a suit, order the 
sale, by any person named in such order, and in such manner and on such terms as it thinks fit, of any 
movable property, being the subject-matter of such suit, or attached before judgment in such suit, which is 
subject to speedy and natural delay, or which for any other just and sufficient cause, it may be desirable to 
have sold at once. 

7. Detention, preservation, inspection, etc., of subject-matter of suit.—(1) The Court may, on the 

application of any party to a suit, and on such terms as it thinks fit,—  

(a)  make  an  order  for  the  detention,  preservation  or  inspection  of  any  property  which  is  the 

subject-matter of such suit, or as to which any question may arise therein; 

(b) for all or any of the purposes aforesaid authorise any person to enter upon or into any land or 

building in the possession of any other party to such suit; and 

(c) for all or any of the purposes aforesaid authorise any samples to be taken, or any observation 
to  be  made  or  experiment to  be  tried,  which  may  seem  necessary  or  expendient  for  the  purpose  of 
obtaining full information or evidence. 

(2) The provisions as to execution of process shall apply, mutatis mutandis, to persons authorised to 

enter under this rule. 

8. Application for such orders to be after notice.—(1) An application by the plaintiff for an order 

under rule 6 or rule 7 may be made 1*** at any time after institution of the suit. 

(2) An application by the defendant for a like order may be made 2*** at any time after appearance. 

1[(3) Before making an order under rule 6 or rule 7 on an application made for the purpose, the Court 
shall, except where it appears that the object of making such order would be defeated by the delay, direct 
notice thereof to be given to the opposite party.] 

9. When party may be put in immediate possession of land the subject-matter of suit.—Where 
land paying revenue to Government, or a tenure liable to sale, is the subject-matter of a suit, if the party in 
possesion of such land or tenure neglects to pay the Government revenue, or the rent due to the proprietor 
of the tenure, as the case may be, and such land or tenure is consequently ordered to be sold, any other 
party to the suit claiming to have an interest in such land or tenure may, upon payment of the revenue or 
rent  due  previously  to  the  sale  (and  with  or  without  security  at  the  discretion  of  the  Court),  be  put  in 
immediate possession of the land or tenure; 

and the Court in its decree may award against the defaulter the amount so paid, with interest thereon 
at such rate as the Court thinks fit, or may charge the amount so paid, with interest thereon at such rate as 
the Court orders, in any adjustment of accounts which may be directed in the decree passed in the suit. 

10. Deposit of money, etc., in Court.—Where the subject-matter of a suit is money or some other 
thing  capable  of  delivery  and  any  party  thereto  admits  that  he  holds  such  money  or  other  thing  as  a 
trustee for another party, or that it belongs or is due  to another party, the Court may order the same to 
be  deposited  in  Court  or  delivered  to  such  last-named  party,  with  or  without  security,  subject to  the 
further direction of the Court. 

Uttar Pradesh 

STATE AMENDMENT 

Amendment of Order XXXIX.— In the First Schedule, in Order XXXIX — 

(a) in rule 2, in sub-rule (2) the following proviso  shall  be inserted, namely :— 

1. The words “after notice to the defendant” omitted by s. 86, ibid. (w.e.f. 1-2-1977). 
2. The words “after notice to the plaintiff” omitted by s. 86, ibid. (w.e.f. 1-2-1977). 

213 

 
                                                      
“provided that no such injunction shall be granted — 

(a)  where  no  perpetual  injunction  could  be    granted    in    view    of  the  provisions  of  section  38  and 

section 41 of the Specific  Relief  Act, 1963,  or 

(b) 

to  stay  the  operation  of  an  order  for,  transfer,  suspension,  reduction  in  rank,  compulsory 
retirement,  dismissal,  removal    or  otherwise  termination  of  service  of,    or    taking    charge    from,    any 
employee including  any  employee of the  Government,  or 

(c) 

to  say,  any  disciplinary  proceeding  pending    or    intended    or,  the  effect  of  any  adverse  entry,  

against  any  employee  of  the Government,  or 

(d) 

to  affect  the  internal  management  or  affairs  of,  any  educational  institution  including  a 

University, or a society, or 

(e) 

(f) 

to  restrain  any  election,  or 

to  restrain,  any  auction  intended  to  be  made  or,  the  effect  of  any  auction  made,  by  the 

Government, or 

(g) 

to stay the proceedings for the recovery of any dues recoverable  as  land  revenue  unless  adequate 

security  is  furnished,  or 

(h) 

in  any  matter  where  a  reference  can  be  made  to    the  Chancellor  of  a  University  under  any 

enactment for the time  being  in force ; 

and any order for injunction granted in contravention of these provisions  shall be void.”  ; 

(b) in rule 4 — 

(i)  after  the  words  “by  the  court”,  the  words  “for  reasons  to  be  recorded,  either  on  its  own 

motion or” shall be inserted ; 

(ii)  at the end, the following proviso shall  be  inserted, namely:— 

“Provided that if at any stage of the suit it appears to the  Court that the party  in whose  favour 
the order of injunction exists  is dilating the proceeding or is otherwise abusing the process of Court, it 
shall set aside the  order for injunction.” 

[Vide Uttar Pradesh Act 57 of 1976, s. 13] 

Uttar Pradesh 
Amendment  of order  XXXIX  of First  Schedule.— In the  First Schedule  to  the said Code, in Order  XXXIX, in 
rule 2, in sub-rule (2), in the proviso, clause (d) shall be omitted. 

[Vide Uttar Pradesh Act 17 of 1991, s. 8] 

ORDER XL 
APPOINTMENT OF RECEIVERS 

1. Appointment of receivers.—(1) Where it appears to the Court to be just and convenient, the Court 

may by order—  

(a) appoint a receiver of any property, whether before or after decree; 
(b) remove any person from the possession or custody of the property; 
(c) commit the same to the possession, custody or management of the receiver; and 
(d)  confer  upon  the  receiver  all  such  powers,  as  to  bringing  and  defending  suits  and  for  the 
realisation, management, protection, preservation and improvement of the property, the collection of 
the rents and profits thereof, the application and disposal of such rents and profits, and the execution 
of documents as the owner himself has, or such of those powers as the Court thinks fit. 
(2)  Nothing  in  this  rule  shall  authorise  the  Court  to  remove  from  the  possession  or  custody  of 

property any person whom any party to the suit has not a present right so to remove. 

2.  Remuneration.—The  Court  may  by  general  or  special  order  fix  the  amount  to  be  paid  as 

remuneration for the services of the receiver. 

214 

 
3. Duties.—Every receiver so appointed shall—  

(a) furnish such security (if any) as the Court thinks fit, duly to account for what he shall receive 

in respect of the property; 

(b) submit his accounts at such periods and in such form as the Court directs; 
(c) pay the amount due from him as the Court directs; and 
(d)  be  responsible  for  any  loss  occasioned  to  the  property  by  his  wilful  default  or  gross 

negligence. 
4. Enforcement of receiver’s duties.—Where a receiver—  

(a)  fails to submit his accounts at such periods and in such form as the Court directs, or 
(b) fails to pay amount due from him as the Court directs, or 
(c) occasions loss to the property by his wilful default or gross negligence, 

the Court may direct his property to be attached and may sell such property, and may apply the proceeds 
to make  good any amount  found to be due from him  or any loss occasioned by him, and shall pay the 
balance (if any) to the receiver. 

5. When Collector may he appointed receiver.—Where the property is land paying revenue to the 
Government, or land of which the revenue has been assigned or redeemed, and the Court considers that 
the  interests of  those concerned  will  be  promoted  by  the  management  of  the  Collector, the  Court  may, 
with the consent of the Collector, appoint him to be receiver of such property. 

ORDER XLI 
APPEALS FROM ORIGINAL DECREES 

1. Form of appeal What to accompany memorandum.—(1) Every appeal shall be preferred in the 
form  of  a  memorandum  signed  by  the  appellant  or  his  pleader  and  presented  to  the  Court  or  to  such 
officer as it appoints in this behalf. The memorandum shall be accompanied by a copy of the 1[Judgment]. 

2[Provided that where two or more suits have been tried together and a common judgment has been 
delivered  therefor  and  two  or  more  appeals  are  filed  against  any  decree  covered  by  that  judgment, 
whether by the same appellant or by different appellants, the Appellate Court may dispense with the filing 
of more than one copy of the judgment.] 

(2)  Contents  of  memorandum.—The  memorandum  shall  set  forth,  concisely  and  under  distinct 
heads, the grounds of objection to the decree appealed from without any argument or narrative; and such 
grounds shall be numbered consecutively. 

1[(3) Where the appeal is against a decree for payment of money, the appellant shall, within such time 
as the Appellate Court may allow, deposit the amount disputed in the appeal or furnish such security in 
respect thereof as the Court may think fit.] 

2. Grounds which may be taken in appeal.—The appellant shall not, except by leave of the Court, 
urge or be heard in support of any ground of objection not set forth in the memorandum of appeal; but the 
Appellate Court, in deciding the appeal, shall not be confined to the grounds of objections set forth in the 
memorandum of appeal or taken by leave of the Court under this rule: 

Provided that the Court shall not rest its decision on any other ground unless the party who may be 

affected thereby has had a sufficient opportunity of contesting the case on that ground. 

3. Rejection or amendment of memorandum.—(1) Where the memorandum of appeal is not drawn 
up  in  the  manner  hereinbefore  prescribed,  it  may  be  rejected,  or  be  returned  to  the  appellant  for  the 
purpose of being amended within a time to be fixed by the Court or be amended then and there. 

(2) Where the Court rejects any memorandum, it shall record the reasons for such rejection. 

(3)  Where  a  memorandum  of  appeal  is  amended,  the  judge,  or  such  officer  as  he  appoints  in  this 

behalf, shall sign or initial the amendment. 

1. Subs. by Act 46 of 1999, s. 31, for certain words, (w.e.f. 1-7-2002). 
2. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977). 

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1[3A. Application for condonation of delay.—(1) When an appeal is presented after the expiry of 
the  period  of  limitation  specified  therefore,  it  shall  be  accompanied  by  an  application  supported  by 
affidavit  setting  forth  the  facts  on  which  the  appellant  relies  to  satisfy  the  Court  that  he  had  sufficient 
cause for not preferring the appeal within such period. 

(2) If the Court sees no reason to reject the application without the issue of a notice to the respondent, 
notice hereof shall be issued to the respondent and the matter shall be finally decided by the Court before 
it proceeds to deal with the appeal under rule 11 or rule 13, as the case may be. 

(3) Where an application has been made under sub-rule (1), the Court shall not make an order fact the 
stay of execution of the decree against which the appeal is proposed to be filed so long as the Court does 
not, after hearing under rule 11, decide to hear the appeal.] 

4. One of several plaintiffs or defendants may obtain reversal of whole decree where it proceeds 
on ground common to all.—Where there are more plaintiffs or more defendants than one in a suit, and 
the decree appealed from proceeds on any ground common to all the plaintiffs or to all the defendants, 
any  one  of  the  plaintiffs  or  of  the  defendants  may  appeal  from  the  whole  decree,  and  thereupon  the 
Appellate Court may reverse or vary the decree in favour of all the plaintiffs or defendants, as the case 
may be. 

Stay of proceedings and of execution 

5. Stay by Appellate Court.—(I) An appeal shall not operate as a stay of proceedings under a decree 
or order appealed from except so far as the Appellate Court may order, nor shall execution of a decree be 
stayed by reason only of an appeal having been preferred from the decree; but the Appellate Court may 
for sufficient cause order stay of execution of such decree. 

1[Explanation.—An order by the Appellate Court for the stay of execution of the decree shall be 
effective  from  the  date  of  the  communication  of  such  order  to  the  Court  of  first  instance,  but  an 
affidavit sworn 
by the appellant, based on his personal knowledge, stating that an order for the stay of execution of the 
decree has been made by the Appellate Court shall, pending the receipt from the Appellate Court of the 
order for the stay of execution or any order to the contrary, be acted upon by the Court of first instance.] 

(2) Stay by Court which passed the decree.—Where an application is made for stay of execution of 
an appealable decree before the expiration of the time allowed for appealing therefrom, the Court which 
passed the decree may on sufficient cause being shown order the execution to be stayed. 

(3) No order for stay of execution shall be made under sub-rule (1) or sub-rule (2) unless the Court 

making it is satisfied—  

(a) that substantial loss may result to the party applying for stay of execution unless the order is 

made; 

(b) that the application has been made without unreasonable delay; and 
(c) that security has been given by the applicant for the due performance of such decree or order 

as may ultimately be binding upon him. 
(4)  1[Subject  to  the  provision  of  sub-rule  (3),]  the  Court  may  make  an  ex  parte  order  for  stay  of 

execution pending the hearing of the application. 

2[(5)  Notwithstanding  anything  contained  in  the  foregoing  sub-rules,  where  the  appellant  fails  to 
make the deposit or furnish the security specified in sub-rule (3) of rule 1, the Court shall not make an 
order staying the execution of the decree.] 

6. Security in case of order for execution of decree appealed from.—(1) Where an order is made 
for the execution of a decree from which an appeal is pending, the Court which passed the decree shall, 
on sufficient cause being shown by the appellant, require security to be taken for the restitution of any 
property which may be or has been taken in execution of the decree or for the payment of the value of 

1. Subs. by Act 104 of 1976, s. 87, for certain words (w.e.f. 1-2-1977). 
2. Ins. by s. 87, ibid. (w.e.f. 1-2-1977). 

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such property and for the due performance of the decree or order of the Appellate Court, or the Appellate 
Court may for like cause direct the Court which passed the decree to take such security. 

(2) Where an order has been made for the sale of immovable property in execution of a decree, and an 
appeal is pending from such decree, the sale shall, on the application of the judgment-debtor to the Court 
which made the order, be stayed on such terms as to giving security or otherwise as the Court thinks fit 
until the appeal is disposed of. 

7. 1[No security to be required from the Government or a public officer in certain cases.] Rep. by the 

A.O. 1937. 

8. Exercise of power in appeal from order made in execution of decree.—The powers conferred 
by rules 5 and 6 shall be exercisable where an appeal may be or has been preferred not from the decree 
but from an order made in execution of such decree. 

Procedure on admission of appeal 

2[9.  Registry  of  memorandum  of  appeal.—(1)  The  Court  from  whose  decree  an  appeal  lies  shall 
entertain the memorandum of appeal and shall endorse thereon the date of presentation and shall register 
the appeal in a book of appeal kept for that purpose. 

(2) Such book shall be called the register of appeal.] 
10.  Appellate  Court  may  require  appellant  to  furnish  security  for  costs.—(1)  The  Appellate 
Court may in its discretion, either before the respondent is called upon to appear and answer or afterwards 
on the application of the respondent, demand from the appellant security for the costs of the appeal, or of 
the original suit, or of both: 

Where appellant resides out of India.—Provided that the Court shall demand such security in all 
cases in which the appellant is residing out of 3[India], and is not possessed of any sufficient immovable 
property within 5[India] other than the property (if any) to which the appeal relates. 

(2) Where such security is not furnished within such time as the Court orders, the Court shall reject 

the appeal. 

11. Power to dismiss appeal without sending notice to Lower Court.—4[(1) The appellate Court 
after fixing a day for hearing the appellant or his pleader and hearing him accordingly if he appears on 
that day may dismiss the appeal]. 

(2) If on the day fixed or arty other day to which the hearing may be adjourned the appellant does not 
appear when the appeal is called on for hearing, the Court may make an order that the appeal be dismissed. 
(3) The dismissal of an appeal under this rule shall be notified to the Court from whose decree the 

appeal is preferred. 

5[(4) Where an Appellate Court, not being the High Court, dismisses an appeal under sub-rule (1), it 
shall deliver a judgment, recording in brief its grounds for doing so, and a decree shall be drawn up in 
accordance with the judgment.] 

2[11A.  Time  within  which  hearing  under  rule  11  should  be  concluded.—Every  appeal  shall  be 
hear  under  rule  11  as  expeditiously  as  possible  and  endeavour  shall  be  made  to  conclude  such  hearing 
within sixty days from the date on which the memorandum of appeal is filed.] 

12. Day for hearing appeal.—(1) Unless the Appellate Court dismisses the appeal under rule 11, it 

shall fix a day for hearing the appeal. 

6[(2) Such day shall be fixed with reference to the current business of the Court.] 
13. [Appellate Court to give notice to Court whose decree appealed from.] Omitted by Code 

of Civil Procedure (Amendment) Act 1999, (46 of 1999), s. 31 (w.e.f. 1-7-2002.)  

1. See order XXVII, rule 8A, supra. 
2. Subs. by Act 46 of 1999, s. 31, for rule 9 (w.e.f. 1-7-2002). 
3. Subs. by Act 2 of 1951, s. 3, for “the States”. 
4. Subs. by Act 46 of 1999, s. 31, for sub-rule (1) (w.e.f. 1-7-2002). 
5. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977). 
6. Subs. by Act 46 of 1999, s. 31, for sub-rule (2) (w.e.f. 1-7-2002). 

217 

 
 
 
                                                      
 
14. Publication and service of notice of day for hearing appeal.—(1) Notice of the day fixed under 
rule  12  shall  be  affixed  in  the  Appellate  Court-house,  and  a  like  notice  shall  be  sent  by  the  Appellate 
Court to the Court from whose decree the appeal is preferred, and shall be served on the respondent or on 
his pleader in the Appellate Court in the manner provided for the service on a defendant of a summons to 
appear and answer, and all the provisions applicable to such summons, and to proceedings with reference 
to the service thereof, shall apply to the service of such notice. 

(2)  Appellate  Court  may  itself  cause  notice  to  be  served.—Instead  of  sending  the  notice  to  the 
Court  from  whose  decree  the  appeal is  preferred, the Appellate  Court  may  itself  cause the  notice to  be 
served on the respondent or his pleader under the provisions above referred to. 

2[(3) The notice to be served on the respondent shall be accompanied by a copy of the memorandum 

of appeal. 

(4)  Notwithstanding  anything  to  the  contrary  contained  in  sub-rule  (1),  it  shall  not  be  necessary  to 
serve notice of any proceeding incidental to an appeal on any respondent other than a person impleaded 
for the first time in the Appellate Court, unless he has appeared and filed an address for the service in the 
Court of first instance or has appeared in the appeal. 

(5) Nothing in sub-rule (4) shall bar the respondent referred to in the appeal from defending it.] 
15. [Contents of notice.] Omitted by Code of Civil Procedure (Amendment) Act 1999, (46 of 

1999), s. 31 (w.e.f. 1-7-2002.)  

Procedure on hearing 

16.  Right  to  begin.—(1)  On  the  day  fixed,  or  on  any  other  day  to  which  the  hearing  may  be 

adjourned, the appellant shall be heard in support of the appeal. 

(2)  The  Court  shall  then,  if  it  does  not  dismiss  the  appeal  at  once,  hear  the  respondent  against  the 

appeal, and in such case the appellant shall be entitled to reply. 

17. Dismissal of appeal for appellants’ default.—(1) Where on the day fixed, or on any other day to 
which  the  hearing  may  be  adjourned,  the  appellant  does  not  appear  when  the  appeal  is  called  on  for 
hearing, the Court may make an order that the appeal be dismissed. 

1[Explanation.—Nothing in this sub-rule shall be construed as empowering the Court to dismiss the 

appeal on the merits.] 

(2) Hearing appeal ex parte.—Where the appellant appears and the respondent does not appear, the 

appeal shall be heard ex parte. 

18.  [Dismissal  of  appeal  where  notice  not  served  in  consequence  of  appellant’s  failure  to  deposit 
cost.] omitted by the Code of Civil Procedure  ( Amendment) Act, 1 9 9 9   (46 of 1999) s. 31 (w.e.f. 1-7-
2002). 

19. Re-admission of appeal dismissed for default. —Where an appeal is dismissed under rule 11, 
sub-rule (2) or rule 17 2[***] the appellant may apply to the Appellate Court for the re-admission of the 
appeal; and, where it is proved that he was prevented by any sufficient cause from appearing when the 
appeal  was,  called  on  for  hearing  or  from  depositing  the  sum  so  required,  the  Court  shall  re-admit  the 
appeal on such terms as to costs or otherwise as it thinks fit. 

20. Power to adjourn hearing and direct persons appearing interested to be made respondents. —
3[(1)] Where it appears to the Court at the hearing that any person who was a party to the suit in the Court from 
whose decree the appeal is  preferred, but who has not  been  made a party to the appeal, is interested in the 
result of the appeal, the Court may adjourn the hearing to a future day to be fixed by the Court and direct that 
such person be made a respondent. 

1. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977). 
2.  The words “or rule 18” omitted by Act 46 of 1999, s. 31, (w.e.f. 1 -7-2002). 
3. Rule 20 re-numbered as sub-rule (1) by Act 104 of 1976, s. 87 (w.e.f 1-2-1977). 

218 

 
 
 
                                                      
1[(2)  No  respondent  shall  be  added  under  this  rule,  after  the  expiry  of  the  period  of  limitation  for 
appeal, unless the Court, for reasons to be recorded, allows that to be done, on such terms as to costs as it 
thinks fit.] 

21.  Re-hearing  on  application  of  respondent  against  whom  ex  parte  decree  made.—Where  an 
appeal  is  heard  ex  parte  and  judgment  is  pronounced  against  the  respondent,  he  may  apply  to  the 
Appellate Court to re-hear the appeal; and, if he satisfies the Court that the notice was not duly served or 
that he was prevented by sufficient cause from appearing when the appeal was called on for hearing, the 
Court shall re-hear the appeal on such terms as to costs or otherwise as it thinks fit to impose upon him. 

22. Upon hearing respondent may object to decree as if he had preferred separate appeal.—(1) 
Any respondent, though he may not have appealed from any part of the decree, may not only support the 
decree 2[but may also state that the finding against him in the Court below in respect of any issue ought to 
have been in his favour; and may also take any cross-objection] to the decree which he could have taken 
by way of appeal provided he has filed such objection in the Appellate Court within one month from the 
date  of  service  on  him  or  his  pleader  of  notice  of  the  day  fixed  for  hearing  the  appeal,  or  within  such 
further time as the Appellate Court may see fit to allow. 

4[Explanation.  —A  respondent  aggrieved  by  a  finding  of  the  Court  in  the  judgment  on  which  the 
decree appealed against is based may, under this rule, file cross-objection in respect of the decree in so far 
as  it is  based  on that  finding,  notwithstanding  that  by  reason of the decision  of  the  Court  on any  other 
finding which is sufficient for the decision of the suit, the decree, is, wholly or in part, in favour of that 
respondent.] 

(2)  Form  of  objection  and  provisions  applicable  thereto.—Such  cross-objection  shall  be  in  the 
form of a memorandum, and the provisions of rule 1, so far as they relate to the form and contents of the 
memorandum of appeal, shall apply thereto. 

3* 

* 

* 

* 

* 

 (4) Where, in any case in which any respondent has under this rule filed a memorandum of objection, the 
original appeal is withdrawn or is dismissed for default, the objection so filed may nevertheless be heard and 
determined after such notice to the other parties as the Court thinks fit. 

(5) The provisions relating to appeals by indigent persons shall, so far as they can be made applicable, 

apply to an objection under this rule. 

23. Remand of case by Appellate Court.—Where the Court from whose decree an appeal is preferred 
has disposed of the suit upon a preliminary point and the decree is reversed in appeal, the Appellate Court may, 
if it thinks fit, by order remand the case, and may further direct what issue or issues shall be tried in the case so 
remanded,  and  shall  send  a  copy  of  its  judgment  and  order  to  the  Court  from  whose  decree  the  appeal  is 
preferred,  which  directions  to  re-admit  the  suit  under  its  original  number  in  the  register  of  civil  suits,  and 
proceed to determine the suit; and the evidence (if any) recorded during the original trial shall, subject to all 
just exceptions, be evidence during the trial after remand. 

4[23A.  Remand  in  other  cases.—Where  the  Court  from  whose  decree  an  appeal  is  preferred  has 

disposed  of  the  case  otherwise  than  on  a  preliminary  point,  and  the  decree  is  reversed  in  appeal  and  a               
re-trial is considered necessary, the Appellate Court shall have the same powers as it has under rule 23. 

24. Where evidence on record sufficient Appellate  Court may  determine  case  finally.—Where the 
evidence upon the record is sufficient to enable the Appellate Court to pronounce judgement, the Appellate 
Court  may,  after  resettling  the  issues,  if  necessary,  finally  determine  the  suit,  notwithstanding  that  the 

1. Ins. by s. 87, ibid. (w.e.f. 1-2-1977). 
2. Subs. by s. 87, ibid., for certain words (w.e.f. 1-2-1977). 
3. Subs-rule (3) omitted by Act 46 of 1999, s. 31 (w.e.f. 1-7-2002).  
4. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977). 

219 

 
 
 
 
 
 
 
 
 
 
                                                      
judgment of the Court from whose decree the appeal is preferred has proceeded wholly upon some ground 
other than that on which the Appellate Court proceeds. 

25.  Where  Appellate  Court  may  frame  issues  and  refer  them  for  trial  to  Court  whose  decree 
appealed from.—Where the Court from whose decree the appeal is preferred has omitted to frame or try 
any issue, or to determine any question of fact, which appears to the Appellate Court essential to the right 
decision  of the suit  upon  the  merits,  the  Appellate  Court  may,  if  necessary,  frame  issues, and  refer the 
same for trial to the Court from whose decree the appeal is preferred, and in such case shall direct such 
Court to take the additional evidence required; 

and such Court shall proceed to try such issues, and shall return the evidence to the Appellate Court 
together  with  its  findings  thereon  and  the  reasons  therefor  1[within  such  time  as  may  be  fixed  by  the 
Appellate Court or extended by it from time to time]. 

26. Findings and evidence to be put on record. Objections to findings.—(1) Such evidence and 
findings shall form part of the record in the suit; and either party may, within a time to be fixed by the 
Appellate Court, present a memorandum of objections to any finding. 

(2)  Determination  of  appeal.—After  the  expiration  of  the  period  so  fixed  for  presenting  such 

memorandum the Appellate Court shall proceed to determine the appeal. 

1[26A. Order of remand to mention date of next hearing.—Where the Appellate Court remands a 
case under rule 23 or rule 23A, or frames issues and refers them for trial under rule 25, it shall fix a date 
for  the  appearance  of  the  parties  before  the  Court  from  whose  decree  the  appeal  was  preferred  for  the 
purpose of receiving the directions of that Court as to further proceedings in the suit.] 

27. Production of additional evidence in Appellate Court.—(1) The parties to an appeal shall not be 

entitled to produce additional evidence, whether oral or documentary, in the Appellate Court. But if — 

(a)  the  Court  from  whose  decree  the  appeal  is  preferred  has  refused  to  admit  evidence  which 

ought to have been admitted, or 

1[(aa)  the  party  seeking  to  produce  additional  evidence,  establishes  that  notwithstanding  the 
exercise of due diligence, such evidence was not within his knowledge or could not, after the exercise of 
due diligence, be produced by him at the time when the decree appealed against was passed, or] 

(b) the Appellate Court requires any document to be produced or any witness to be examined to 

enable it to pronounce judgment, or for any other substantial cause, 

the Appellate Court may allow such evidence or document to be produced, or witness to be examined. 

(2) Wherever additional evidence is allowed to be produced by an Appellate Court, the Court shall 

record the reason for its admission. 

28. Mode of taking additional evidence.—Wherever additional evidence is allowed to be produced, 
the Appellate Court may either take such evidence, or direct the Court from whose decree the appeal is 
preferred,  or  any  other  subordinate  Court,  to  take  such  evidence  and  to  send  it  when  taken  to  the 
Appellate Court. 

29.  Points  to  be  defined  and  recorded.—Where  additional  evidence  is  directed  or  allowed  to  be 
taken, the Appellate Court shall specify the points to which the evidence is to be confined, and record on 
its proceedings the points so specified. 

Judgment in appeal 
30. Judgment when and where pronounced.—2[(1)] The Appellate Court, after hearing the parties 
or  their  pleaders  and  referring  to  any  part  of  the  proceedings,  whether  on  appeal  or  in  the  Court  from 
whose decree the appeal is preferred, to which reference may be considered necessary, shall pronounce 

1. Ins. by Act 104 of 1976, s. 87 (w.e.f. 1-2-1977). 
2. Rule 30 re-numbered as sub-rule (1) by s. 87, ibid. (w.e.f. 1-2-1977). 

220 

 
                                                      
judgment in open Court, either at once or on some future day of which notice shall be given to the parties 
or their pleaders. 

1[(2) Where a written judgment is to be pronounced, it shall be sufficient if the points for determination, 
the decision thereon and the final order passed in the appeal are read out and it shall not be necessary for the 
Court  to  read  out  the  whole  judgment,  but  a  copy  of  the  whole  judgment  shall  be  made  available  for  the 
perusal of the parties or their pleaders immediately after the judgment is pronounced.] 

31. Contents, date and signature of judgment.—The judgment of the Appellate Court shall be in 

writing and shall state—  

(a) the points for determination; 

(b) the decision thereon; 

(c) the reasons for the decision; and 

(d)  where  the  decree  appealed  from  is  reversed  or  varied,  the  relief  to  which  the  appellant  is 

entitled, 

and shall at the time that it is pronounced be signed and dated by the Judge or by the Judges concurring 
therein. 

32.  What  judgment  may  direct.—The  judgment  may  be  for  confirming,  varying  or  reversing  the 
decree from which the appeal is preferred, or, if the parties to the appeal agree as to the form which the 
decree in appeal shall take, or as to the order to be made in appeal, the Appellate Court may pass a decree 
or make an order accordingly. 

33. Power of Court of Appeal.—The Appellate Court shall have power to pass any decree and make 
any order which ought to have been passed or made and to pass or make such further or other decree or 
order  as  the  case  may  require,  and  this  power  may  be  exercised  by  the  Court  notwithstanding  that  the 
appeal is as to part only of the decree and may be exercised in favour of all or any of the respondents or 
parties, although such respondents or parties may not have filed any appeal or objection 1[and may, where 
there have been decrees in cross-suits or where two or more decrees are passed in one suit, be exercised in 
respect of all or any of the decrees, although an appeal may not have been filed against such decrees]: 

1[Provided that the Appellate Court shall not make any order under section 35A in pursuance of any 
objection on which the Court from whose decree the appeal is preferred has omitted or refused to make 
such order.] 

Illustration 

A claims a sum of money as due to him from X or Y, and in a suit against both obtains a decree against X. X, 
appeals and A and Y are respondents. The  Appellate  Court decides in favour of X. It has power to pass a decree 
against Y. 

34.  Dissent  to  be  recorded.—Where  the  Appeal  is  heard  by  more  judges  than  one,  any  judge 
dissenting  from  the  judgment  of  the  Court  shall  state  in  writing  the  decision  or  order  which  he  thinks 
should be passed on the appeal, and he may state his reasons for the same. 

Decree in appeal 

235. Date and contents of decree.—(1) The decree of the Appellate Court shall bear date the day on 

which the judgment was pronounced. 

(2) The decree shall contain the number of the appeal, the names and descriptions of the appellant and 

respondent, and a clear specification of the relief granted or other adjudication made. 

(3) The decree shall  also state  the  amount  of  costs  incurred  in  the appeal,  and  by  whom,  or  out  of 

what property, and in what proportions such costs and the costs in the suit are to be paid. 

1. Ins. by Act 9 of 1922, s. 4, which under s. 1(2) thereof, may be brought into force in any State by the State  Government on any 
specified date. The Act has been brought into force in Bombay, Bengal, U.P., Punjab, Bihar, C.P. Assam, Orissa and Tamil 
Nadu. 

2. This rule is not applicable to the Chief Court of Oudh in the exercise of its appellate Jurisdiction; see the Oudh Courts Act,  

1925 (U.P. 4 of 1925), s. 16(3).  

221 

 
                                                      
(4) The decree shall be signed and dated by the Judge or Judges who passed it: 

Judge  dissenting  from  judgment  need  not  sign  decree.—Provided  that  where  there  are  more 
Judges than one and there is a difference of opinion among them, it shall not be necessary for any Judge 
dissenting from the judgment of the Court to sign the decree. 

36. Copies of judgment and decree to be furnished to parties.—Certified copies of the judgment and 

decree in appeal shall be furnished to the parties on application to the Appellate Court and at their expense. 

37.  Certified  copy  of  decree  to  be  sent  to  Court  whose  decree  appealed  from.—A  copy  of  the 
judgment and of the decree, certified by the Appellate Court or such officer as it appoints in this behalf, shall 
be sent to the Court which passed the decree appealed from and shall be filed with the original proceedings in 
the suit, and an entry of the judgment of the Appellate Court shall be made in the register of civil suits. 

ORDER XLII 

APPEALS FROM APPELLATE DECREES 

1. Procedure.—The rules of Order XLI shall apply, so far as may be, to appeals from appellate decrees. 

1[2. Power of Court to direct that the appeal be heard on the question formulated by it —At the time 
of making an order under rule 11 of Order XLI for the hearing of a second appeal, the Court shall formulate 
the substantial question of law as required by section 100, and in doing so, the Court may direct that the second 
appeal be heard on the question so formulated and it shall not be open to the appellant to urge any other ground 
in the appeal without the leave of the Court, given in accordance with the provision of section 100. 

3. Application of rule 14 of Order XLI.—Reference in sub-rule (4) of rule 14 of Order XLI to the 
Court of first instance shall, in the case of an appeal from an appellate decree or order, be construed as a 
reference to the Court to which the appeal was preferred from the original decree or order.] 

ORDER XLIII 

APPEALS FROM ORDERS 

1.  Appeal  from  orders.—An  appeal  shall  lie  from  the  following  orders  under  the  provisions  of 

section 104, namely: — 

(a)  an  order  under  rule  10  of  Order  VII  returning  a  plaint  to  be  presented  to  the  proper  Court 

2[except where the procedure specified in rule 10A of Order VII has been followed]; 

3 * 
(c). an order under rule 9 of order IX rejecting an application (in a case open to appeal) for an order 

  * 

* 

* 

* 

to set aside the dismissal of a suit; 

(d)  an order under rule  13  of  Order  IX  rejecting  an application (in  a case  open  to  appeal) for  an 

order to set aside a decree passed ex parte; 

2* 

  * 

(f) an order under rule 21 of Order XI; 
2* 

  * 

* 

* 

* 

* 

*  

*  

(i)  an  order  under  rule  34  of  Order  XXI  on  an  objection  to  the  draft  of  a  document  or  of  an 

endorsement; 

(j) an order under rule 72 or rule 92 of Order XXI setting aside or refusing to set aside a sale; 

1. Ins. by Act 104 of 1976, s. 88 (w.e.f. 1-2-1977). 
2. Ins. by Act 104 of 1976, s. 89 (w.e.f. 1-2-1977). 
3. Cls. (b), (e), (g), (h), (m), (o) and (v) omitted by s. 89, ibid, (w.e.f. 1-2-1977). 

222 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
 
1[ja) an order rejecting an application made under sub-rule (1) of rule 106 of Order XXI, provided 
that an order on the original application, that is to say, the application referred to in sub-rule (1) of rule 
105 of that Order is appealable;] 

(k) an order under rule 9 of Order XXII refusing to set aside the abatement or dismissal of a suit;  
(l) an order under rule 10 of Order XXII giving or refusing to give leave; 
2* 
 (n) an order under rule 2 of Order XXV rejecting an application (in a case open to appeal) for an 

  * 

*  

* 

* 

order to set aside the dismissal of a suit; 

1[(na) an order under rule 5 or rule 7 of Order XXXIII rejecting an application for permission to 

sue as an indigent person;] 

   * 

2* 
(p) orders in interpleader-suits under rule 3, rule 4 or rule 6 of Order XXXV; 
(q) an order under rule 2, rule 3 or rule 6 of order (XXVIII); 
(r) an order under rule 1, rule 2 1[rule 2A], rule 4 or rule 10 of Order XXXIX; 
(s) an order under rule 1, or rule 4 of Order XL; 
(t) an order of refusal under rule 19 of Order XLI to re-admit, or under rule 21 of Order XLI to             

*  

* 

* 

re-hear, an appeal; 

(u) an order under rule 23 1[or rule 23A] of Order XLI remanding a case, where an appeal would lie 

from the decree of the Appellate Court; 

2* 
 (w) an order under rule 4 of Order XLVII granting an application for review. 

* 

* 

* 

*  

1[1A. Right to challenge non-appealable orders in appeal against decrees.—(1) Where any order 
is made under this Code against a party and thereupon any judgment is pronounced against such party and 
a decree is drawn up, such party may, in an appeal against the decree, contend that such order should not 
have been made and the judgment should not have been pronounced. 

(2) In an appeal against a decree passed in a suit after recording a compromise or refusing to record a 
compromise,  it  shall  be  open  to  the  appellant  to  contest  the  decree  on  the  ground  that the  compromise 
should, or should not, have been recorded.] 

2. Procedure.—The rules of Order XLI shall apply, so far as may be, to appeals from orders. 

ORDER XLIV 
2[APPEALS BY INDIGENT PERSONS] 

1. Who may appeal 3[as an indigent person]. —4[(1)] Any person entitled to prefer an appeal, who 
is unable to pay the fee required for the memorandum of appeal, may present an application accompanied 
by  a  memorandum  of  appeal,  and  may  be  allowed  to  appeal  as  an  5[indigent  person],  subject,  in  all 
matters,  including  the  presentation  of  such  application,  to  the  provisions  relating  to  suits  by  5[indigent 
persons], in so far as those provisions are applicable. 

6* 

7* 

* 

* 

* 

* 

* 

* 

* 

* 

8[2. Grant of time for payment of court-fee.—Where an application is rejected under rule 1, the Court 
may, while rejecting the application, allow the applicant to pay the requisite Court-fee, within such time as 
may be fixed by the Court or extended by it from time to time; and upon such payment, the memorandum of 
appeal in respect of which such fee is payable shall have the same force and effect as if such fee had been 
paid in the first instance. 

1. Ins. by Act 104 of 1976, s. 89 (w.e.f. 1-2-1977). 
2.  Subs. by s. 90, ibid., for “pauper appeals” (w.e.f. 1-2-1977). 
3. Subs. by s. 90, ibid., for “as pauper” (w.e.f 1-2-1977). 
4. Rule 1 re-numbered as sub-rule (1) by Act 66 of 1956, s. 14. 
5. Subs. by Act 104 of 1976, s. 90, for “pauper” and “paupers” respectively (w.e.f 1-2-1977), 
6. Proviso omitted by Act 66 of 1956, s. 14. 
7. Sub-rule (2) ins. by s. 14, ibid. and omitted by Act 104 of 1976, s. 90 (w.e.f 1 -2-1977).  
8. Subs. by Act 104 of 1976, s. 90, for rule 2 (w.e.f. 1-2-1977). 

223 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
3. Inquiry as to whether applicant is an indigent person.—(1) Where an applicant, referred to in 
rule 1, was allowed to sue or appeal as an indigent person in the Court from whose decree the appeal is 
preferred, no further inquiry in respect of the question whether or not he is an indigent person shall be 
necessary if the applicant has made an affidavit stating that he has not ceased to be an indigent person 
since the date of the decree appealed from; but if the Government Pleader or the respondent disputes the 
truth of the statement made in such affidavit, an inquiry into the question aforesaid shall be held by the 
Appellate Court, or, under the orders of the Appellate Court, by an officer of that Court. 

(2) Where the applicant, referred to in rule 11, is alleged to have become an indigent person since the 
date of the decree appealed from, the inquiry into the question whether or not he is an indigent person 
shall be made by the Appellate Court or, under the orders of the Appellate Court, by an officer of that 
Court unless the Appellate Court considers it necessary in the circumstances of the case that the inquiry 
should be held by the Court from whose decision the appeal is preferred.] 

ORDER XLV 
APPEALS TO THE 1[SUPREME COURT] 
1. “Decree” defined.—In this Order, unless there is something repugnant in the subject or context, 

the expression “decree” shall include a final order. 

2.  Application  to  Court  whose  decree  complained  of.—2[(1)]  Whoever  desires  to  appeal  3[the 

Supreme Court] shall apply by petition to the Court whose decree is complained of. 

 4[(2) Every petition under sub-rule (1) shall be heard as expeditiously as possible and endeavour shall 
be made to conclude the disposal of the petition within sixty days from the date on which the petition is 
presented to the Court under sub-rule (1).] 

3. Certificate as to value or fitness. —5[(1) Every petition shall state the grounds of appeal and pray 

for a certificate—  

(i) that the case involves a substantial question of law of general importance, and 
(ii)  that  in  the  opinion  of  the  Court  the  said  question  needs  to  be  decided  by  the  Supreme 

Court.] 
(2) Upon receipt of such petition, the Court shall direct notice to be served on the opposite party to 

show cause why the said certificate should not be granted. 

4. [Consolidation of suits.] Rep. by the Code of Civil Procedure (Amendment) Act, 1973 (49 of 1973), 

s. 4 (w.e.f. 1-2-1977). 

5.  [Remission of dispute to Court of first instance.] Rep. by s. 4, ibid. (w.e.f. 1-2-1977). 
6.  Effect  of  refusal  of  certificate.—Where  such  certificate  is  refused,  the  petition  shall  be 

dismissed. 

7. Security and deposit required on grant of certificate.—(1) Where the certificate is granted, the 
applicant shall, within  6[ninety days or such further period, not exceeding sixty days, as the Court may 
upon cause shown allow;] from the date of the decree complained of, or within six weeks from the date of 
the grant of the certificate whichever is the later date,— 

(a) furnish security 7[in cash or in Government securities] for the costs of the respondent, and 
(b)  deposit  the  amount  required  to  defray  the  expense  of  translating,  transcribing  indexing  
8[printing,] and transmitting to 3[the Supreme Court] a correct copy of the whole record of the suit, 
except—  

(1) formal documents directed to be excluded by any  9[Rule of the Supreme Court] in force 

for the time being; 

(2) papers which the parties agree to exclude; 

1. Subs. by the A.O. 1950, for “King-in-Council”. 
2. Rule 2 re-numbered as sub-rule (1) of that rule by Act 104 of 1976, s. 91 (w.e.f. 1-2-1977). 
3. Subs. by the A.O. 1950, for "His Majesty in Council". 
4. Ins. by Act 104 of 1976, s. 91 (w.e.f. 1-2-1977). 
5. Subs. by Act 49 of 1973, s. 4, for sub-rule (1). 
6. Subs. by Act 26 of 1920, s. 3, for “six months”. 
7. Ins. by s. 3, ibid. 
8. Ins. by the A.O. 1950. 
9. Subs., ibid., for “order of His Majesty in Council”. 

224 

 
                                                      
(3) accounts, or portions of accounts, which the officer empowered by the Court for that 
purpose  considers  unnecessary,  and  which  the  parties  have  not  specifically  asked  to  be 
included; and 

(4) such other documents as the High Court may direct to be excluded: 

1[Provided that the Court at the time of granting the certificate may, after hearing any opposite party 

who appears, order on the ground of special hardship that some other form of security may be furnished: 

Provided further, that no adjournment shall be granted to an opposite party to contest the nature of 

such security.] 

2* 

* 

* 

* 

* 

8.  Admission  of  appeal  and  procedure  thereon.—Where  such  security  has  been  furnished  and 

deposit made to the satisfaction of the Court, the court shall— 

(a) declare the appeal admitted, 

(b) give notice thereof to the respondent, 

(c) transmit to 3[the Supreme Court] under the seal of the Court a correct copy of the said record, 

except as aforesaid, and 

(d) give to either party one or more authenticated copies of any of the papers in the suit on his 

applying therefore and paying the reasonable expenses incurred in preparing them. 

9. Revocation of acceptance of security.—At any time before the admission of the appeal the Court 
may, upon cause shown, revoke the acceptance of any such security, and make further directions thereon. 

4[9A. Power to dispense with notices in case of deceased parties.—Nothing in these rules requiring 
any  notice to  be  served  on  or  given  to  an  opposite  party  or  respondent shall  be  deemed  to  require any 
notice  to  be  served  on  or  given  to  the  legal  representative  of  any  deceased  opposite  party  or  deceased 
respondent in a case, where such opposite party or respondent did not appear either at the hearing in the 
Court whose decree is complained of or at any proceedings subsequent to the decree of that Court: 

Provided that notices under sub-rule (2) of rule 3 and under rule 8 shall be given by affixing the same 
in some conspicuous place in the court-house of the Judge of the district in which the suit was originally 
brought, and by publication in such newspapers as the Court may direct.] 

10.  Power  to  order  further  security  or  payment.—Where  at  any  time  after  the  admission  of  an 
appeal but before the transmission of the copy of the record, except as aforesaid, to 3[the Supreme Court], 
such security appears inadequate, 

or  further  payment  is  required  for  the  purpose  of  translating,  transcribing,  printing,  indexing  or 

transmitting the copy of the record, except as aforesaid, 

the  Court  may  order  the  appellant  to  furnish,  within  a  time  to  be  fixed  by  the  Court,  other  and 

sufficient security, or to make, within like time, the required payment. 

11. Effect of failure to comply with order.—Where the appellant fails to comply with such order, 

the proceedings shall be stayed, 

and the appeal shall not proceed without an order in this behalf of, 3[the Supreme Court], 

and in the meantime execution of the decree appealed from shall not be stayed. 

1. Added by Act 26 of 1920, s. 3. 
2. Sub-rule (2) omitted by the A.O. 1950. 
3. Subs. by the A.O. 1950, for “his Majesty in Council”. 
4. Ins. by Act 26 of 1920, s. 4. 

225 

 
 
 
 
 
 
 
 
 
                                                      
 
12.  Refund  of  balance  deposit.—When  the  copy  of  the  record,  except  as  aforesaid,  has  been 
transmitted  to  1[the  Supreme  Court],  the  appellant  may  obtain  a  refund  of  the  balance  (if  any)  of  the 
amount which he has deposited under rule 7. 

13.  Powers  of  Court  pending  appeal.—(1)  Notwithstanding  the  grant  of  a  certificate  for  the 
admission  of  any  appeal,  the  decree  appealed  from  shall  be  unconditionally  executed,  unless  the  Court 
otherwise directs. 

(2)  The  Court  may,  if  it  thinks  fit,  on  special  cause  shown  by  any  party  interested  in  the  suit,  or 

otherwise appearing to the Court,—  

(a) impound any movable property in dispute or any part thereof, or 

(b) allow the decree appealed from to be executed, taking such security from the respondent as 
the Court thinks fit for the due performance of any order which  1[the Supreme Court] may make on 
the appeal, or 

(c) stay the execution of the decree appealed from, taking such security from the appellant as the 
Court  thinks  fit  for  the  due  performance  of  the  decree  appealed  from,  or  of  2[any  decree  or  order] 
which 1[the Supreme Court] may make on the appeal, or 

(d) place any party seeking the assistance of the Court under such conditions or give such other 
direction respecting the subject-matter of the appeal, as it thinks fit, by the appointment of a receiver 
or otherwise. 

14.  Increase  of  security  found  inadequate.—(1)  Where  at  any  time  during  the  pendency  of  the 
appeal the security furnished by either party appears inadequate, the Court may, on the application of the 
other party, require further security. 

(2) In default of such further security being furnished as required by the Court,—  

(a) if the original security was furnished by the appellant, the Court may, on the application of the 

respondent, execute the decree, appealed from as if the appellant had furnished no such security: 

(b)  if  the  original  security  was  furnished  by  the  respondent,  the  Court  shall,  so  far  as  may  be 
practicable, stay the further execution of the decree, and restore the parties to the position in which 
they  respectively  were  when  the  security  which  appears  inadequate  was  furnished,  or  give  such 
direction respecting the subject-matter of the appeal as it thinks fit. 

15. Procedure to enforce orders of the Supreme Court.—(1) Whoever desires to obtain execution 
of  2[any decree or order] of 1[the Supreme Court] shall apply by petition, accompanied by a certified copy 
of  the  decree  passed  or  order  made  in  appeal  and  sought  to  be  executed,  to  the  Court  from  which  the 
appeal to 3[the Supreme Court] was preferred. 

(2) Such Court shall transmit the 4[decree or order] of 1[the Supreme Court] to the Court which passed 
the first decree appealed from, or to such other Court as  1[the Supreme Court] by such  4[decree or order] 
may direct and shall (upon the application of either party) give such directions as may be required for the 
execution of the same; and the Court to which the said  4[decree or order] is so transmitted shall execute it 
accordingly,  in  the  manner  and  according  to  the  provisions  applicable  to  the  execution  of  its  original 
decrees. 

5* 

* 

* 

* 

*  

1. Subs., by the A.O. 1950, for “His Majesty in Council”. 
2. Subs., ibid., for “any order”. 
3. Subs., ibid., for “His Majesty”. 
4. Subs., ibid., for “order”. 
5. Sub-rule (3) omitted by the A.O. 1950.  

226 

 
 
     
 
 
 
 
 
 
                                                      
1[(4)  2[Unless  the  Supreme  Court  otherwise  directs,  no  decree  or  order  of  that  Court]  shall  be 
inoperative on the ground that no notice has been served on or given to the legal representative of any 
deceased opposite party or deceased respondent in a case, where such opposite party or respondent did 
not  appear  either  at  the  hearing  in  the  Court  whose  decree  was  complained  of  or  at  any  proceedings 
subsequent to the decree of that Court, but such order shall have the same force and effect as if it had 
been made before the death took place.] 

16. Appeal from order relating to execution.—The orders made by the Court which executes the 
3[decree  or  order]  of  4[the  Supreme  Court],  relating  to  such  execution,  shall  be  appealable  in  the  same 
manner  and  subject  to  the  same  rules  as  the  orders  of  such  Court  relating  to  the  execution  of  its  own 
decrees. 

17. [Appeals to Federal Court.] Rep. by the Federal Act, 1941 (21 of 1941), s. 2.  

STATE AMENDMENT 

Uttar Pradesh 

Amendment  of  Order  XLV.  In  the  First  Schedule,  in  Order  XLV,    in  rule    2,  

after sub- rule (2), the following sub-rule shall be inserted, namely :— 

“(3) Notwithstanding anything contained  in  sub-rule  (1), whoever desires to appeal to 
the  Supreme  Court,  may  apply  orally  to the  Court  whose  decree  is  to  be  complained  of, 
immediately before  or 

after the pronouncement of the judgment by the Court, for a certificate contemplated  in 
sub-rule  (1)  of  rule  3,  and  the  Court  may  either  grant or refuse the  certificate, or direct 
the applicant to file a petition  as required by sub-rule (1) ; 

Provided  that  if  an  oral  application  is    entertained    and    rejected, no  written  petition  under 

sub-rule  (1) shall lie.” 

[Vide Uttar Pradesh Act 56 of 1957, s. 14] 

ORDER XLVI 

REFERENCE  

1. Reference of question to High Court.—Where, before or on the hearing of a suit or an appeal in 
which the decree is not subject to appeal, or where, in the execution of any such decree, any question of 
law or usage having the force of law arises, on which the Court trying the suit or appeal, or executing the 
decree, entertains reasonable doubt, the Court may, either of its own motion or on the application of any 
of the parties,  draw up a statement of the facts of the case and the point on which doubt is entertained, 
and refer such statement with its own opinion on the point for the decision of the High Court. 

2. Court may pass decree contingent upon decision of High Court.—The  Court may either stay 
the proceedings or proceed in the case notwithstanding such reference, and may pass a decree or make an 
order contingent upon the decision of the High Court on the point referred: 

But no decree or order shall be executed in any case in which such reference is made until the receipt 

of a copy of the judgment of the High Court upon the reference. 

3.  Judgment  of  High  Court  to  be  transmitted  and  case  disposed  of  accordingly.—The  High 
Court, after hearing the parties if they appear and desire to be heard,  shall decide the point so referred, 

1. Ins. by Act 26 of 1920, s. 5. 
2. Subs. by the A.O. 1950, for “Unless His Majesty in Council is pleased otherwise to direct, no order of His Majesty in 

Council”. 

3. Subs., ibid., for “order”. 
4. Subs., ibid., for “His Majesty in Council”. 

227 

 
 
 
                                                      
and shall transmit a copy of its judgment, under the signature of the Registrar, to the Court by which the 
reference  was  made;  and  such  Court  shall,  on  the  receipt  thereof,  proceed  to  dispose  of  the  case  in 
conformity with the decision of the High Court. 

4. Cost of reference to High Court.—The costs (if any) consequent on a reference for the decision 

of the High Court shall be costs in the case. 

1[4A. Reference to High Court under proviso to section 113.—The provisions of rules 2, 3 and 4 
shall apply to any reference by the Court under the proviso to section 113 as they apply to a reference 
under rule 1; and] 

5. Power to alter, etc., decree of Court making reference.—Where a case is referred to the High 
Court  under  rule  5[or  under  the  proviso  to  section  113],  the  High  Court  may  return  the  case  for 
amendment, and may alter, cancel or set aside any decree or order which the Court making the reference 
has passed or made in the case out of which the reference arose, and make such order as it thinks fit. 

6. Power to refer to High Court questions as to jurisdiction in small causes.—(1) Where at any 
time before judgment a Court in which a suit has been instituted doubts whether the suit is cognizable by 
a  Court  of  Small  Causes  or  is  not  so  cognizable,  it  may  submit  the  record  to  the  High  Court  with  a 
statement of its reasons for the doubt as to the nature of the suit.  

(2) On receiving the record and statement, the High Court may order the Court either to proceed with 
the  suit  or  to  return  the  plaint  for  presentation  to  such  other  Court  as  it  may  in  its  order  declare  to  be 
competent to take cognizance of the suit. 

7.  Power  to  District  Court  to  submit  for  revision  proceeding  had  under  mistake  as  to 
jurisdiction in small causes.—(1) Where it appears to a District Court that a Court subordinate thereto 
has, by reason of erroneously holding a suit to be cognizable by a Court of Small Causes or not to be so 
cognizable, failed to exercise a jurisdiction vested in it by law, or exercised a jurisdiction not so vested, 
the  District  Court  may,  and  if  required  by  a  party  shall,  submit  the  record  to  the  High  Court  with  a 
statement of its reasons for considering the opinion of the Subordinate Court with respect to the nature of 
the suit to be erroneous. 

(2) On receiving the  record and statement the  High  Court  may  make such order in the case as it 

thinks fit. 

(3)  With  respect  to  any  proceedings  subsequent  to  decree  in  any  case  submitted  to  the  High  Court 
under this rule, the High Court may make such order as in the circumstance appears to it to be just and 
proper. 

(4) A Court subordinate to a District Court shall comply with any requisition which the District Court 

may make for any record or information for the purposes of this rule. 

ORDER XLVII  
REVIEW 

1. Application for review of judgment.—(1) Any person considering himself aggrieved—  

(a) by a decree or order from which an appeal is allowed, but from which no appeal has been 

preferred, 

(b) by a decree or order from which no appeal is allowed, or  

(c) by a decision on a reference from a Court of Small Causes, 

and who, from the discovery of new and important matter or evidence which, after the exercise  of due 
diligence was not within his knowledge or could not be produced by him at the time when the decree was 
passed or order made, or on account of some mistake or error apparent on the face of the record or for any 
other sufficient reason, desires to obtain a review of the decree passed or order made against him, may 
apply for a review of judgment to the Court which passed the decree or made the order. 

1. Ins. by Act 24 of 1951, s. 2. 

228 

 
 
 
                                                      
(2)  A  party  who  is  not  appealing  from  a  decree  or  order  may  apply  for  a  review  of  judgment 
notwithstanding the pendency of an appeal by some other party except where the ground of such appeal is 
common to the applicant and the appellant, or when, being respondent, he can present to the Appellate 
Court the case on which he applied for the review. 

1[Explanation.—The fact that the decision on a question of law on which the judgment of the Court is 
based  has  been  reversed  or  modified  by  the  subsequent  decision  of  a  superior  Court in  any  other  case, 
shall not be a ground for the review of such judgment.] 

2.  [To  whom  applications  for  review  may  be  made.]—Rep.  by  the  Code  of  Civil  Procedure 

(Amendment) Act, 1956 (66 of 1956) s. 14. 

3.  Form  of  applications  for  review.—The  provisions  as  to  the  form  of  preferring  appeals  shall 

apply, mutatis mutandis, to applications for review. 

4. Application where rejected.—(1) Where it appears to the Court that there is not sufficient ground 

for a review, it shall reject the application. 

(2)  Application  where  granted.—Where  the  Court  is  of  opinion  that  the  application  for  review 

should be granted, it shall grant the same: 

Provided that— 

(a) no such application shall be granted without previous notice to the opposite party, to enable 

him to appear and be heard in support of the decree or order, a review of which is applied for; and 

(b)  no such  application  shall  be  granted  on  the  ground  of  discovery  of  new  matter  or  evidence 
which the applicant alleges was not within his knowledge, or could not be adduced by him when the 
decree or order was passed or made, without strict proof of such allegation. 

5.  Application  for  review  in  Court  consisting  of  two  or  more  Judges.—Where  the  Judge  or 
Judges, or any one of the Judges, who passed the decree or made the order a review of which is applied 
for,  continues  or  continued  attached  to  the  Court  at  the  time  when  the  application  for  a  review  is 
presented, and is not or not precluded by absence or other cause for a period of six months next after the 
application from considering the decree or order to which the application refers, such Judge or Judges or 
any of them shall hear the application, and no other Judge or Judges of the Court shall hear the same. 

6. Application where rejected.—(1) Where the application for a review is heard by more than one 

Judge and the Court is equally divided, the application shall be rejected. 

(2) Where there is a majority, the decision shall be according to the opinion of the majority. 

7. Order of rejection not appealable. Objections to order granting application.—2[(1) An order 
of the Court rejecting the application shall not be appealable; but an order granting an application may be 
objected to at once by an appeal from the order granting the application or in an appeal from the decree or 
order finally passed or made in the suit.] 

(2) Where the application has been rejected in consequence of the failure of the applicant to appear, 
he may apply for an order to have the rejected application restored to the file, and, where it is proved to 
the  satisfaction  of  the  Court  that  he  was  prevented  by  any  sufficient  cause  from  appearing  which  such 
application was called on for hearing, the Court shall order it to be restored to the file upon such terms as 
to costs or otherwise as it thinks fit, and shall appoint a day for hearing the same. 

(3) No order shall be made under sub-rule (2) unless notice of the application has been served on the 

opposite party. 

8. Registry of application granted, and order for re-hearings.—When an application for review is 
granted, a note thereof shall be made in the register and the Court may at once re-hear the case or make 
such order in regard to the re-hearing as it thinks fit. 

1. Ins. by Act 104 of 1976, s. 92 (w.e.f. 1-2-1977). 
2. Subs. by Act 104 of 1976, s. 92, for sub-rule (1) (w.e.f. 1-2-1977). 

229 

 
 
 
                                                      
9.  Bar  of  certain  application.—No  application  to  review  an  order  made  on  an  application  for  a 

review or a decree or order passed or made on a review shall be entertained. 

ORDER XLVIII 
MISCELLANEOUS 

1. Process to be served at expense of party issuing.—(1) Every process issued under this Code shall 

be served at the expense of the party on whose behalf it is issued, unless the Court-otherwise directs. 

(2)  Costs  of  service.—The  court-fee  chargeable  for  such  service  shall  be  paid  within  a  time  to  be 

fixed-before the process is issued. 

2. Orders and notices how served.—All orders, notices and other documents required by this Code to 

be given to or served on any person shall be served in the manner provided for the service of summons. 

3.  Use  of  forms  in  appendices.—The  Forms  given  in  the  appendices,  with  such  variation  as  the 

circumstances or each case may require, shall be used for the purposes therein mentioned. 

ORDER XLIX 

CHARTERED HIGH COURTS 

1.  Who  may  serve  processes  of  High  Court.—Notice  to  produce  documents,  summonses  to 
witnesses, and every other judical process, issued in the exercise of the original civil jurisdiction of the 
High  Court,  and  of  its  matrimonial,  testamentary  and  intestate  jurisdictions,  except  summonses  to 
defendants, writs of execution and notices to respondents may be served by the attorneys in the suits, or 
by persons employed by them, or by such other persons as the High Court, by any rule or order, directs. 

2. Saving in respect of Chartered High Courts.—Nothing in this Schedule shall be deemed to limit 
or otherwise affect any rules in force at the commencement of this Code for the taking of evidence or the 
recording of judgments and orders by a Chartered High Court. 

3.  Application  of  rules.—The  following  rules  shall  not  apply  to  any  Chartered  High  Court  in  the 

exercise of its ordinary or extraordinary original civil jurisdiction, namely:—  

(1) rule 10 and rule 11, clauses (b) and (c), of Order VII; 

(2) rule 3 of Order X; 

(3) rule 2 of Order XVI; 

(4) rules 5, 6, 8, 9, 10, 11, 13, 14, 15 and 16 (so far as relates to the manner of taking evidence) of 

Order XVIII; 

(5) rule 1 to 8 of Order XX; and 

(6) rule 7 of Order XXXIII (so far as relates to the making of a memorandum); 

and  rule  35  of  Order  XLI  shall  not  apply  to  any  such  High  Court  in  the  exercise  of  its  appellate 
jurisdiction. 

ORDER L 

PROVINCIAL. SMALL CAUSE COURTS 

1. Provincial Small Cause Courts.—The provisions hereinafter specified shall not extend to Court 
constituted  under  the  Provincial  Small  Cause  Courts  Act  1887  (9  of  1887)  1[or  under  the  Berar  Small 
Cause Courts Law, 1905] or to Courts exercising the jurisdiction of a Court of Small Causes  2[under the 

1. Ins. by Act 4 of 1941, s. 2, and the Third Sch. 
2. Subs. by s. 2, and the Third Sch. ibid., for “under that Act”. 

230 

 
 
 
 
                                                      
said Act or Law] 1[or to Courts in 2[any part of India to which the said Act does not extend] exercising a 
corresponding jurisdiction that is to say— 

(a) so much of this Schedule as relates to—  

(i) suits excepted from the cognizance of a Court of Small Causes or the execution of decrees 

in such suits; 

(ii)  the  execution  of  decrees  against  immovable  property  or  the  interest  of  a  partner  in 

partnership property; 

(iii) the settlement of issues; and 

(b) the following rules and orders:—  

Order II, rule 1 (frame of suit); 

Order X, rule 3 (record of examination of parties); 

Order  XV,  except  so  much  of  rule  4  as  provides  for  the  pronouncement  at  once  of 

judgment; 

Order XVIII, rule 5 to 12 (evidence); 

Order XLI, to XLV (appeals); 

Order XLVII, rules 2, 3, 5, 6, 7 (review); 

Order LI. 

Uttar Pradesh 

STATE AMENDMENT 

Amendment of the First Schedule.—In the First Schedule to the said Code, in the Order L, in rule 1, 
in  clause  (b)  for  the  words  and  figures  “Order  XV,  except  so  much  of  rule  4  as  provides  for  the 
pronouncement  at  once  of  judgment”,  the  words  as  figures  “Order  XV,  except  so  much  of  rule  4  as 
provides for the pronouncement at once of judgment and rule 5” shall be substituted. 

[Vide Uttar Pradesh Act 19 of 1973, s. 3] 

ORDER LI 

PRESIDENCY SMALL CAUSE COURTS 

1. Presidency Small Cause Courts.—Save as provided in rules 22 and 23 of Order V, rules 4 and 7 
of Order XXI, and rule 4 of Order XXVI, and by the Presidency Small Cause Courts Act, 1882 (15 of 
1882), this Schedule shall not extend to any suit or proceeding in any Court of Small Causes established 
in the towns of Calcutta, Madras and Bombay. 

1. Ins. by Act 2 of 1951, s. 18. 
2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “Part B States”. 

231 

 
 
 
 
 
 
 
                                                      
APPENDIX A 

PLEADINGS 

(1) Titles of Suits 

IN THE COURT OF . ...............................................................................................  

A.B. (add description and residence)..................................................................................... Plaintiff 

C.D. (add description and residence) .................................................................................... Defendant 

against 

(2) Description of parties in particular Cases 

1[The Union of India or the State of…………………….., as the case may be.] 
       __________________ 

The Advocate General of 

The Collector of 

The State of  

       __________________ 

The A. B. Company, Limited having its registered office at  

A. B., a public officer of the C. D. Company. 

     ____________________ 

A. B. (add description and residence), on behalf of himself and all other creditors of C. D. late of 

(add description and residence)   

     _________________ 

A.  B.  (add  description  and  residence),  on  behalf  of  himself  and  all  other  holders  of  debentures 

issued by the Company limited. 

The Official Receiver.   

     _________________ 

A.  B.  a  minor  (add  description  and  residence),by  C.  D.  [or  by  the  Court  of  Wards],  his  next 

friend.  

A.  B.  (add  description  and  residence),    a  person  of  unsound  mind  [or  of  weak 

mind], by. C. D. his next friend. 

A. B. a firm carrying on business in partnership at  

A.  (add  description  and  residence),  by  his  constituted  attorney  C.  D.  (add  description  and 

residence).      

A. B. (add description and residence),  Shebait of Thakur. 

A. B. (add description and residence), executor of C. D. deceased. 

A. B. (add description and residence), heir of C. D. deceased. 

1. Subs. by the A. O. 1950, for “The Secretary of State or the Federation of India or the Province of……………., as the case may 

be”. 

232 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
(3) Plaints 
No. 1 
MONEY LENT 
(Title) 

A. B., the above named plaintiff, states as follows:— 
1. On the………………………………day of………..20……………., he lent the defendant 

……..rupees repayable on the………………………day of………………………………….. 
2.  The  defendant  has  not  paid  the  same,  except…………..rupees  paid  on  the……….day   

of…………20………….. 

[If the plaintiff claims exemption from any law of limitation, say:—] 

3.  The  plaintiff  was  a  minor  [or  insane]  from  the…………………..day  of……………………  till 

the…………….day of………………….. . 

4. [Facts showing when the cause of action arose and that the Court has jurisdiction.] 

5. The Value of the subject-matter of the suit for the purpose of jurisdiction is …….rupees and for 

the purpose of court-fees is………….rupees. 

6. The plaintiff claims…………rupees, with interest at………………per cent. from the……day of 

………….20…………. 

No. 2 
MONEY OVERPAID 
(Title) 

A. B., the above named plaintiff, states as follows:—  

1. On the………………day of………….…20……, the plaintiff agreed to buy and the defendant 

agreed to sell…………..bars of silver at…………annas per tola of fine silver. 

2. The plaintiff procured the said bars to be assayed by E.F, who was paid by the defendant for such 
assay, and E.F declared each of the bars to contain 1,500 tolas of fine silver, and the plaintiff accordingly 
the defendant…………. rupees. 

3.  Each  of  the  said  bars  contained  only  1,200  tolas  of  fine  silver,  of  which  fact  the  plaintiff  was 

ignorant when he made the payment. 

4. The defendant has not repaid the sum so overpaid. 

[As in paras 4 and 5 of Form No. 1, and Relief claimed.]  

No. 3 
GOODS SOLD AT A FIXED PRICE AND DELIVERED 
(Title) 
A. B., the above-named plaintiff, states as follows:—   

1.  On  the………………day  of…………20…….,  E.  F.  sold  and  delivered  to  the  defendant  [one 

hundred barrels of flour, or the goods mentioned in the schedule hereto annexed. or sundry goods.] 

2. The defendant promised to pay………….. rupees for the said goods on delivery [or on the……… 

day of………….some day before the plaint was filed]. 

3. He has not paid the same. 

4.  E.  F.  died  on  the……………day  of.....20………By  his  last  will  he  appointed  his  brother,  the 

plaintiff, his executor. 

[As in paras 4 and 5 of Form No. 1,] 

  7. The plaintiff as executor of E.F. claims [Relief Claimed]. 

233 

 
 
 
 
No. 4 

GOODS SOLD AT A REASONABLE PRICE AND DELIVERED 

(Title) 

A. B., the above-named plaintiff, states as follows:— 

1. On the…………..day of…………..……20………, plaintiff sold and delivered to the defendant  

[sundry articles of house-furniture], but no express agreement was made as to the price. 

2. The goods were reasonably worth …………..rupees. 

3. The defendant has not paid the money. 

[As in paras 4 and 5 of Form No. 1, and relief claimed] 

No. 5 

GOODS MADE AT DEPENDANT’S REQUEST, AND NOT ACCEPTED 

A. B., the above named plaintiff, states as follows:—  

(Title) 

1.  On  the………….day  of………….…20………..,  E.F.  agreed  with  the  plaintiff  that  the  
plaintiff  should  make  for  him  [six  tables  and  fifty  chairs]  and  that  E.F  should  pay  for  the  goods  on 
delivery………. rupees. 

2. The plaintiff made the goods, and on the…………….day of……………20………. , offered to  

deliver them to E.F., and has ever since been ready and willing so to do. 

3. E.F. has not accepted the goods or paid for them. 

[As in paras. 4 and 5 of Form No. 1, and Relief claimed.] 

DEFICIENCY UPON A RE-SALE [GOODS SOLD AT AUCTION] 

No. 6 

A. B., the above named plaintiff, states as follows:— 

(Title) 

1. On the………….day of………….…20………..,  the  plaintiff  put  up  at  auction  sundry  [goods],  
subject to the condition that all goods not paid for and removed by the purchaser within [ten days] after 
the sale should be re-sold by auction on his account, of which condition the defendant had notice. 

2. The defendant purchased [one crate of crockery] at the auction at the price of……  rupees. 

3. The plaintiff was ready and willing to deliver the goods to the defendant on the date of the sale and 

for [ten days] after. 

4. The defenant did not take away the goods purchased by him, nor pay for them within [ten days] 

after the sale, nor afterwards. 

5. On the……………day of…………20……, the plaintiff re-sold the [crate of crockery], 

on account of the defendant, by public auction, for………..rupees. 

6. The expenses attendant upon such re-sale amounted to……..rupees. 

7. The defendant has not paid the deficiency thus arising, amounting to rupees.  
[As in paras 4 and 5 of Form No. I, and Relief claimed.] 

234 

 
 
 
 
No. 7 

SERVICES AT A REASONABLE RATE 

(Title) 

A. B., the above named plaintiff, states as follows:—  

1. Between the……………. day of…………….……20………. , and the……… day of…………  

……20……at……………, plaintiff [executed sundry drawings, designs and diagrams] for the defendant,  
at his request; but no express agreement was made as to the sum to be paid for such services. 

2. The services were reasonably worth………rupees. 

3. The defendant has not paid the money. 

  [As in paras 4 and 5 of Form No. 1, and Relief claimed.] 

No. 8 

SERVICES AND MATERIALS AT A REASONABLE COST 

(Title) 

A. B., the above named plaintiff, states as follows:—  

1.  On  the……………day  of……………..…20………,  at…………….  the  plaintiff  built  a  house 
[known  as  No.  ………………,  in…..],  and  furnished  the  materials  therefor,  for  the  defendant,  at  his 
request, but no express agreement was made as to the amount to be paid for such work and materials. 

2. The work done and materials supplied were reasonably worth…… rupees. 

3. The defendant has not paid the money. 

[As in paras 4 and 5 of Form No. 1, and Relief claimed.] 

No. 9 

USE AND OCCUPATION 

(Title) 

A. B., the above-named plaintiff, executor of the will of X. Y., deceased, states as follows:— 

1. That the defendant occupied the [house No……....,……....…..Street], by permission of the said 

X.Y, from the…….day of………………..…20…............. ,  until  the  day  of……………20.….,  and  no 
agreement was made as to payment for the use of the said premises. 

2. That the use of the said premises for the said period was reasonably worth rupees. 

3. The defendant has not paid the money.  
[As in paras 4 and 5 of Form No. I.] 

4. The plaintiff as executor of X Y, claims [relief claimed]. 

No. 10 

ON AN AWARD 

(Title) 

A. B., the above-named plaintiff, states as follows:— 

1.  On  the…….day  of……….…20…,  the  plaintiff  and  defendant,  having  a  difference  between  
them concerning [a demand of the plaintiff for the price of ten barrels of oil which the defendant refused 
to pay]; agreed in writing to submit the difference to the arbitration of  E. F and  G. H. and the original 
document is annexed hereto. 

2. On the…………. ….day of……………………20….., the arbitrators awarded that the defendant 

should  [pay the plaintiff  rupees]. 

3. The defendant has not paid the money. 

[As in paras 4 and 5 of Form No. 1 and relief claimed.] 

235 

 
 
 
No. 11 

ON A FOREIGN JUDGMENT 

(Title) 

A. B., the above-named plaintiff, states as follows:— 

1.  On  the…………day  of…………20…….,  at…….in  the  State  [or  Kingdom]  of…..,  the…..  
Court of that State [or Kingdom,] in a suit therein pending between the plaintiff and the defendant, duly 
adjudged that the defendant should pay to the plaintiff…………………………rupees, with interest from  
the said date. 

2. The defendant has not paid the money. 

[As in paras. 4 and 5 of Form No. 1, and Relief claimed.] 

No. 12 

AGAINST SURETY FOR PAYMENT OF RENT 

(Title) 

A. B., the above-named plaintiff, states as follows:—  

1. On the………..day of……………20..., E. F. hired from the plaintiff for the term of……..years, the 

[house No……………., ………………street], at the annual rent of………rupees, payable [monthly]. 

2.  The  defendant  agreed,  in  consideration  of  the  letting  of  the  premises  to  E.F,  to  gurantee  the 

punctual payment of the rent. 

3. The rent for the month of ……….20………..,  amounting  to………………………..rupees,  has  not  

been paid. 

[If, by the terms of the agreement, notice is required to be given to the surety, add:—] 

4. On the………………….day of………….. 19…….., the plaintiff gave notice to the defendant of the  

non-payment of the rent, and demanded payment thereof. 

5. The defendant has not paid the same. 

[As in paras. 4 and 5 of Form No. I, and relief claimed.] 

No. 13 

BREACH OF AGREEMENT TO PURCHASE LAND 

(Title) 

A. B., the above-named plaintiff, states as follows:— 

1. On the…………….day of………20…..., the plaintiff and defendant entered into an agreement, and 

the Original document is hereto annexed. 

[Or, on the…………day of………………20…….., the plaintiff and defendant mutually agreed that 
the plaintiff should sell to the defendant and that the defendant should purchase from the plaintiff forty bighas 
of land in the village of……….for…….  rupees.] 

2. On the………….  day  of………….……20..…..,  the  plaintiff,  being  then  the  absolute  owner  of  the 
property [and the same being free from all incumbrances, as was made to appear to the defendant], tendered to 
the defendant a sufficient instrument of transfer of the same [or, was ready and willing, and is still ready and 
willing, and offered, to transfer the same to the defendant by a sufficient instrument] on the payment by the 
defendant of the money agreed upon. 

3. The defendant has not paid the money. 

[As in paras. 4 and 5 of Form No. I, and relief claimed.] 

236 

 
 
 
 
No. 14 

NOT DELIVERING GOODS SOLD 

(Title) 

A. B., the above-named plaintiff, states as follows:— 

1.  On  the……………day  of…………20…..,  the  plaintiff  and  defendant  mutually  agreed  that  the 
defendant  should  deliver  [one  hundred  barrels  of  flour]  to  the  plaintiff  on  the…………..day 
of……........…20..…..., and that the plaintiff should pay there for……..   rupees on delivery. 

2. On the [said] day the plaintiff was ready and willing, and offered, to pay the defendant the said sum 

upon delivery of the goods. 

3. The defendant has not delivered the goods, and the plaintiff has been deprived of the profits which 

would have accrued to him from such delivery. 

[As in paras. 4 and 5 of Form No. 1, and relief claimed.] 

No. 15 

WRONGFUL DISMISSAL  
(Title) 

A. B., the above-named plaintiff, states as follows:—  

1.  On  the……………day  of…………20...…..,  the  plaintiff  and  defendant  mutually  agreed  that  the 
plaintiff should serve the defendant as [an accountant, or in the capacity of foreman, or as the case may 
be], and that the defendant should employ the plaintiff as such for the term of [one year] and pay him for 
his services………rupees [monthly]. 

2. On the………….. day of……….……20..…..., the plaintiff entered upon the service of the defendant 
and has ever since been, and still is, ready and willing to continue in such service during the remainder of 
the said year whereof the defendant always has had notice. 

3.  On  the…….day  of………..……20...…..,  the  defendant  wrongfully  discharged  the  plaintiff,  and  

refused to permit him to serve as aforesaid, or to pay him for his services. 

[As in paras. 4 and 5 of Form No. 1, and relief claimed.] 

No. 16 

BREACH OF CONTRACT TO SERVE 

(Title) 

A. B., the above-named plaintiff, states as follows:—  

1.  On  the………day  of……….……20……,  the  plaintiff  and  defendant  mutually  agreed  that  the 
plaintiff  should  employ  the  defendant  at  as  [annual]  salary  of…..rupees,  and  that  the  defendant  should 
serve the plaintiff as [an artist] for the term of [one year]. 

2. The plaintiff has always been ready and willing to perform his part of the agreement [and on the day 

of…….…….20…..…., offered so to do]. 

3. The defendant (entered upon) the service of the plaintiff on the above-mentioned day, but afterwards, 

on the……….day of……….……20..……, he refused to serve the plaintiff as aforesaid. 

[As in paras. 4 and 5 of Form No. 1, and relief claimed.] 

237 

 
 
 
 
 
No. 17 
AGAINST A BUILDER FOR DEFECTIVE WORKMANSHIP 

(Title) 

A. B., the above-named plaintiff, states as follows:—  

1. On the………….day of……….……20….., the plaintiff and defendant entered into an agreement, 

and the original document is hereto annexed. [Or state the tenor of the contract.] 

[2. The plaintiff duly performed all the conditions of the agreement on his part.] 

3. The defendant [built the house referred to in the agreement in a bad and unworkman like manner]. 

[As in paras. 4 and 5 of Form No. 1, and Relief claimed.] 

No. 18 
ON A BOND FOR THE FIDELITY OF A CLERK 

(Title) 

A. B., the above-named plaintiff, states as follows:—  

1. On the………day of……..……20….........  , the plaintiff took E.F. into his employment as a clerk. 

2. In consideration thereof, on the………day of…….……20………, the defendant agreed with plaintiff 
that if E.F. should not faithfully perform his duties as a clerk to the plaintiff, or should fail to account to the 
plaintiff for all monies, evidences of debt or other property received by him for the use of the plaintiff, the 
defendant  would  pay  to  the  plaintiff  whatever  loss  he  might  sustain  by  reason  thereof,  not 
exceeding…rupees. 

[Or, 2. In consideration thereof, the defendant by his bond of the same date bound himself to pay the 
plaintiff  the  penal  sum  of………rupees,  subjects  to  the  condition  that  if  E.F.  should  faithfully  
perform  his  duties  as  clerk  and  cashier  to  the  plaintiff  and  should  justly  account  to  the  plaintiff  for  all 
monies,  evidences  of  debt  or  other  property  which  should  be  at  any  time  held  by  him  in  trust  for  the 
plaintiff, the bond should be void.] 

[Or  2.  In  consideration  thereof,  on  the  same  date  the  defendant  executed  a  bond  in  favour  of  the 

plaintiff, and the original document is hereto annexed.] 

3.  Between  the………..day  of………..…20...…..,  and  the…………………..day  of  ………20......, 
E.F.  received  money  and  other  property,  amounting  to  the  value  of……….rupees,  for  the  use  of  the 
plaintiff, for which sum he has not accounted to him, and the same still remains due and unpaid. 

[As in paras. 4 and 5 of Form No. 1, and Relief claimed.] 

No. 19 
BY TENANT AGAINST LANDLORD, WITH SPECIAL DAMAGE 

(Title) 

A. B., the above-named plaintiff, states as follows:— 

1. On the……day of………20..…., the defendant, by a registered instrument, let to the plaintiff [the 
that  he,  

house  No……..Street] 
the plaintiff, and his legal representatives should quietly enjoy possession thereof for the said term. 

term  of……..years,  contracting  with 

the  plaintiff, 

the 

for 

2. All conditions were fulfilled and all things happened necessary to entitle the plaintiff to maintain 

this suit. 

3. On the…………day of………….20...…., during the said term, E.F. who was the lawful owner of 
the  said  house,  lawfully  evicted  the  plaintiff  therefrom,  and  still  withholds  the  possession  thereof  from 
him. 

4. The plaintiff was thereby [prevented from continuing the business of a tailor at the said place, was 

compelled to expend……..rupees in moving, and lost the custom of G.H. and I.J by such removal]. 
        [As in paras. 4 and 5 of Form No. 1, and Relief claimed.] 

238 

 
 
 
No. 20 

ON AN AGREEMENT OF INDEMNITY 

(Title) 

A. B., the above-named plaintiff, states as follows:— 

1. On the..............day of.......................20.….., the plaintiff and defendant, being partners in trade 
under the style of A. B. and C.D., dissolved the partnership, and mutually agreed that the defendant 
should take and keep all the partnership property, pay all debts of the firm and indemnify the plaintiff 
against all claims that might be made upon him on account of any indebtedness of the firm. 

2. The plaintiff duly performed all the conditions of the agreement on his part. 

3.  On the.............. day  of.....................20....…..,  [a judgment  was  recovered  against  the  plaintiff 
and defendant by E.F., in the High Court of Judicature at......., upon a debt due from the firm to E.F., 
and on the day of.................20.….,] the plaintiff paid.........rupees [in satisfaction of the same]. 

4. The defendant has not paid the same to the plaintiff. 

[As in paras. 4 and 5 of Form No. 1, and Relief claimed.] 

No. 21 

PROCURING PROPERTY BY FRAUD 

(Title) 

A. B., the above-named plaintiff, states as follows:— 

1. On the ............... day of ........... .......20.….,  the  defendant,  for  the  purpose  of  inducing  the 
plaintiff to sell him certain goods, represented to the plaintiff that [he, the defendant, was solvent, and 
worth............rupees over all his liabilities]. 

2.  The  plaintiff  was  thereby  induced  to  sell  [and  deliver]  to  the  defendant,  [dry  goods]  of  the 

value of ........................ rupees. 

3. The said representations were false [or state the particular falsehoods] and were then known 

by the defendant to be so. 

4.  The  defendant  has  not  paid  for  the  goods,  [Or,  if  the  goods  were  not  delivered.]  The 
restoration, 

and  procuring 

the  goods 

preparing 

shipping 

their 

and 

plaintiff, 
in 
expended..............rupees. 

[As in paras. 4 and 5 of Form No. 1, and Relief claimed.] 

No. 22 

FRAUDULENTLY PROCURING CREDIT TO BE GIVEN TO ANOTHER PERSON 

A. B., the above-named plaintiff, states as follows:— 

(Title) 

1.  On  the..........day  of.................20.....….,  the  defendant,  represented  to  the  plaintiff  that  E.F.,  was 
solvent  and  in  good  credit,  and  worth................rupees  over  all  his  liabilities  [or  that  E.F,  then  held  a 
responsible  
situation and was in good circumstances, and might safely be trusted with goods on credit]. 

2. The plaintiff was thereby induced to sell to E.F., (rice) of the value of........ rupees  [on.........months 

credit]. 

3. The said representations were false and were then known by the defendant to be so, and were made 

by him with intent to deceive and defraud the plaintiff [or to deceive and injure the plaintiff]. 

4. E.F, [did not pay for the said goods at the expiration of the credit aforesaid, or] has not paid for the 

said rice, and the plaintiff has wholly lost the same. 

[As in paras. 4 and 5 of Form No. 1, and Relief claimed.] 

239 

 
 
 
 
 
 
No. 23 
POLLUTING THE WATER UNDER THE PLAINTIFF'S LAND 
(Title) 
A. B., the above-named plaintiff, states as follows:— 

1.  The  plaintiff  is,  and  at  all  the  times  hereinafter  mentioned  was,  possessed  of  certain  lands 
called..........and situate in...........and of a well therein, and of water in the well, and was entitled to the 
use and benefit of the well and of the water therein, and to have certain springs and streams of water 
which flowed and ran into the well to supply the same to flow or run without being fouled or polluted. 
2. On the........... day  of  ............20..........,  the  defendant  wrongfully  fouled  and  polluted  the  

well and the water therein and the springs and streams of water which flowed into the well. 

3. In consequence the water in the well became impure and unfit for domestic and other necessary 

purposes, and the plaintiff and his family are deprived of the use and benefit of the well and water. 

[As in paras. 4 and 5 of Form No. 1, and relief claimed.] 

No. 24 
CARRYING ON A NOXIOUS MANUFACTURE 
(Title) 
A. B., the above-named plaintiff, states as follows:— 

1.  The  plaintiff  is,  and  at  all  the  times  hereinafter  mentioned  was,  possessed  of  certain  lands 

called..........situate in................... 

2.  Ever  since  the..................  day  of....................20.....,  the  defendant  has  wrongfully  caused  to 
issue  from  certain  smelting  works  carried  on  by  the  defendant  large  quantities  of  offensive  and 
unwholesome smoke and other vapours and noxious matter, which spread themselves over and upon 
the said lands, and corrupted the air, and settled on the surface of the lands. 

3.  Thereby  the  trees,  hedges,  herbage  and  crops  of  the  plaintiff  growing  on  the  lands  were 
damaged and deteriorated in value, and the cattle and live-stocks of the plaintiff on the lands became 
unhealthy, and many of them were poisoned and died. 

4. The plaintiff was unable to graze the lands with cattle and sheep as he otherwise might have 
done,  and  was  obliged  to  remove  his  cattle,  sheep  and  farming  stock  therefrom,  and  has  been 
prevented from having so  beneficial and healthy a use and occupation of the lands as he otherwise 
would have had. 

[As in paras. 4 and 5 of Form No. 1, and relief claimed.] 

No. 25 
OBSTRUCTING A RIGHT OF WAY 
(Title) 
A. B., the above-named plaintiff, states as follows:— 

1.  The  plaintiff  is,  and  at  the  time  hereinafter  mentioned  was,  possessed  of  [a  house  in  the 

village of ................ ]. 

2. He was entitled to a right of way from the [house] over a certain field to a public highway and 
back again from the highway over the field to the house, for himself and his servants [with vehicles, 
or on foot] at all times of the year. 

3. On the................day of.......................20.........., defendant wrongfully obstructed the said way, 
so that the plaintiff could not pass [with vehicles, or on foot, or in any manner] along the way [and 
has ever since wrongfully obstructed the same]. 

4. (State special damage, if any). 

[As in paras. 4 and 5 of Form No. 1, and relief claimed.] 

240 

 
 
 
 
No. 26 
OBSTRUCTING A HIGHWAY 
(Title) 

1.  The  defendant  wrongfully  dug  a  trench  and  heaped  up  earth  and  stones  in  the  public  highway 

leading from.................. to......... so as to obstruct it. 

2. Thereby the plaintiff, while lawfully passing along the said highway, fell over the said earth and 
stones,  [or  into  the  said  trench]  and  broke  his  arm,  and  suffered  great  pain,  and  was  prevented  from 
attending to his business for a long time, and incurred expense for medical attendance. 

[As in paras. 4 and 5 of Form No. 1, and relief claimed.] 

No. 27 
DIVERTING A WATER-COURSE 
(Title) 

A. B., the above-named plaintiff, states as follows:— 

1. The plaintiff is, and at the time hereinafter mentioned was, possessed of a mill situated on a 

[stream] known as the......... , in the village of........... , district of.......... 

2. By reason of such possession the plaintiff was entitled to the flow of the stream for working 

the mill. 

3. On the....................... day of................20......, the defendant, by cutting the bank of the stream, 

wrongfully diverted the water thereof, so that less water ran into the plaintiff’s mill. 

4. By reason thereof the plaintiff has been unable to grind more than....... sacks  per  day,  whereas, 

before the said diversion of water, he was able to grind......sacks per day. 

[As in paras. 4 and 5 of Form No. 1, and relief claimed.] 

No. 28 
OBSTRUCTING A RIGHT TO USE WATER FOR IRRIGATION 
(Title) 

A. B., the above-named plaintiff, states as follows:— 

1.  The  plaintiff  is,  and  was  at  the  times  hereinafter  mentioned  was,  possessed  of  certain  lands 
situate, etc., and entitled to take and use a portion of the water of a certain stream for irrigating the 
said lands. 

2.  On  the.................day  of.......................20..........,  the  defendant  prevented  the  plaintiff  from 
taking  and  using  the  said  portion  of  the  said  water  as  aforesaid,  by  wrongfully  obstructing  and 
diverting the said stream. 

[As in paras. 4 and 5 of Form No. 1, and relief claimed.] 

No. 29 
INJURIES CAUSED BY NEGLIGENCE ON A RAILROAD 
(Title) 

A. B., the above-named plaintiff, states as follows:— 

1. On the ............ day of.............20.........,  the  defendants  were  common  carriers  of  passengers  by 

railway between ....... ...... and ...................  

2. On that day the plaintiff was a passenger in one of the carriages of the defendants on the said 

railway. 

3.  While  he  was  such  passenger,  at...............  [or  near  the  station  of.................  or  between  the 
stations of ................... and .................. ], a collision occurred on the said railway caused by the negligence and 
unskilfulness  of  the  defendants’  servants,  whereby  the  plaintiff  was  much  injured  [having  his  leg  broken,  his 
head  cut,  etc.,  and  state  the  special  damage,  if  any,  as],  and  incurred  expense  for  medical  attendance  and  is 
permanently disabled from carrying on his former business as [a salesman]. 

[As in paras. 4 and 5 of Form No. 1, and relief claimed.] 

241 

 
 
 
[Or thus:—2. On that day the defendants by their servants so negligently and unskillfully drove and 
managed an engine and a train of carriages attached thereto upon and along the defendant’s railway which 
the plaintiff was then lawfully crossing that the said engine and train were driven and struck against the 
plaintiff, whereby, etc., as in para. 3]. 

No. 30 

INJURIES CAUSED IN NEGLIGENT DRIVING 

(Title) 

A. B., the above-named plaintiff, states as follows:— 

1.  The  plaintiff  is  a  shoemaker,  carrying  on  business  at  …………the  defendant  is  a  merchant               

of  …………………….  

2.  On  the  ………….  day  of  …………………20………,  the  plaintiff  was  walking  southward  along 
Chowringhee,  in  the  City  of  Calcutta,  at  about  3  o’clock  in  the  afternoon.  He  was  obliged  to  cross 
Middleton Street, which is a street running into Chowringhee at right angles. While he was crossing this 
street,  and  just  before  he  could  reach  the  foot  pavement  on  the  further  side  thereof,  a  carriage  of  the 
defendant's,  drawn  by  two  horses  under  the  charge  and  control  of  the  defendant's  servants,  was 
negligently,  suddenly  and  without  any  warning  turned  at  a  rapid  and  dangerous  pace  out  of  Middleton 
Street into Chowringhee. The pole of the carriage struck the plaintiff and knocked him down, and he was 
much trampled by the horses. 

3.  By  the  blow  and  fall  and  trampling  the  plaintiff’s  left  arm  was  broken  and  he  was  bruised  and 
injured on the side and back, as well as internally, and in consequence thereof the plaintiff was for  four 
months ill and in suffering, and unable to attend to his business, and incurred heavy  medical and other 
expenses, and sustained great loss of business and profits. 

[As in paras. 4 and 5 of Form No. 1, and relief claimed.] 

No. 31 

FOR MALICIOUS PROSECUTION 

(Title) 
A. B., the above-named plaintiff, states as follows:—  

1. On the ………….. day of ………………..…20.....……, the defendant obtained a warrant of arrest 
from …….…… [a Magistrate of the said city,  or as the case may be] on a charge of …….…, and the 
plaintiff was arrested thereon, and imprisoned for ……………. [days, or hours, and gave bail in the sum 
of …………… rupees to obtain his release]. 

2. In so doing the defendant acted maliciously and without reasonable or probable cause. 

3. On the …………….. day of ……………….20……., the Magistrate dismissed the complaint of the 

defendant and acquitted the plaintiff. 

4. Many persons, whose names are unknown to the plaintiff, hearing of the arrest, and supposing the 
plaintiff to be a criminal, have ceased to do business with him;  or in consequence of the said arrest, the 
plaintiff lost his situation as clerk to one E.F.; or in consequence the plaintiff suffered pain of body and 
mind, and was prevented transacting his business, and was injured in his credit, and incurred expense in 
obtaining his release from the said imprisonment and in defending himself against the said complaint. 

[As in paras. 4 and 5 of Form No. 1, and relief claimed].

242 

 
 
 
No. 32 

MOVABLES WRONGFULLY DETAINED 

(Title) 

A. B., the above-named plaintiff, states as follows:— 

1. On the …………….. day of ……………20…...…, plaintiff owned [or state facts showing a right 
to  the  possession]  the  goods  mentioned  in  the  schedule  hereto  annexed  [or  describe  the  goods,]  the 
estimated value of which is ………………. rupees. 

2. From that day until the commencement of this suit the defendant has detained the same from 

the plaintiff 

3. Before the commencement of the suit, to wit, on the …………….. day of……….20 ……….., the 

plaintiff demanded the same from the defendant, but he refused to deliver them. 

6. The plaintiff claims—  

[As in Paras 4 and 5 of Form No. 1.] 

(1) delivery of the said goods, or ........... rupees, in case delivery cannot be had; 
(2) .................rupees compensation for the detention thereof. 

No. 33 
AGAINST A  FRAUDULENT PURCHARER AND HIS TRANSFEREE WITH NOTICE 
(Title) 
A. B., the above-named plaintiff, states as follows:— 

1. On the …………... day of ….……..……20……., the defendant C.D., for the purpose of including 
the plaintiff to sell him certain goods, represented to the plaintiff that [he was solvent, and worth ……… 
rupees over all his liabilities]. 

2.  The  plaintiff  was  thereby  induced  to  sell  and  deliver  to  C.D.  [one  hundred  boxes  of  tea],  the 

estimated value of which is ……………… rupees. 

3.  The  said  representations  were  false,  and  were  then  known  by  C.D.  to  be  so  [or  at  the  time  of 

making the said representations, C.D. was insolvent, and knew himself to be so]. 

4. C.D. afterwards transferred the said goods to the defendant E.F. without consideration [or who had 

notice of the falsity of the representation]. 

5. [Facts showing when the cause of action arose and that the Court has jurisdiction. ] 
6. The value of the subject-matter of the suit for the purpose of jurisdiction is ………….. rupees and 

for the purpose of court-fees is ………….. rupees. 

7. The plaintiff claims—  

(1) delivery of the said goods, or  ………………. rupees, in case delivery cannot be had; 
(2) ……………….. rupees compensation for the detention thereof. 

No. 34 
RESCISSION OF A CONTRACT ON THE GROUND OF MISTAKE 
(Title) 
A. B., the above-named plaintiff, states as follows:—   

1.  On  the  …………….  day  of  ………………………20………..  ,  the  defendant  represented  to  the 
plaintiff that a certain piece of ground belonging to the defendant, situated at ……………., contained [ten 
bighas]. 

2. The plaintiff was thereby induced to purchase the same at the price of ……………….rupees in the 
belief  that  the  said  representation  was  true,  and  signed  an  agreement,  of  which  the  original  is  hereto 
annexed. But the land has not been transferred to him. 

3.  On  the  ……………..  day  of  ………………………20………,  the  plaintiff  paid  the  defendant 

rupees as part of the purchase money.  

243 

4. That the said piece of ground contained in fact only [five bighas]. 
5. [Facts showing when the cause of action arose and that the Court has jurisdiction.] 
6. The value of the subject-matter of the suit for the purpose of jurisdiction is............. 

rupees  and  for 

the purpose of court-fees is...................rupees. 

7. The plaintiff claims— 

(1)  .............. rupees, with interest from the ............. day of............... 20..........  . 
(2) that the said agreement be delivered up and cancelled. 

No. 35 
AN INJUNCTION RESTRAINING WASTE 
(Title) 

A. B., the above-named plaintiff states as follows:— 

1. The plaintiff is the absolute owner of [describe the property]. 
2. The defendant is in possession of the same under a lease from the plaintiff. 
3.  The defendant has [cut down a number of valuable trees, and threatens to cut down many more for the 

purpose of sale] without the consent of the plaintiff. 

4. [Facts showing when the cause of action arose and that the Court has jurisdiction.] 
5. The value of the subject-matter of the suit for the purpose of jurisdiction is.......... rupees and for the 

purpose of court-fees is........... rupees. 

6. The plaintiff claims that the defendant be restrained by injunction from committing or permitting any 

further waste on the said premises. 

[Pecuniary compensation may also be claimed.] 

No. 36 
INJUNCTION RESTRAINING NUISANCE 
(Title) 

A. B., the above-named plaintiff, states as follows:— 

1.  Plaintiff  is,  and  at  all  the  times  hereinafter  mentioned  was,  the  absolute  owner  of  [the  house 

No.....................Street, Calcutta]. 

2. The defendant is, and at all the said times was, the absolute owner of [a plot of ground in the same 

street................]. 

 3. On the ................ day  of...............20..........,  the  defendant  erected  upon  his  said  plot  a  slaughter- 
house, and still maintains the same; and from that day until the present time has continually caused cattle to 
be brought and killed there [and has caused the blood and offal to be thrown into the street opposite the said 
house of the plaintiff]. 

[4. In consequence the plaintiff has been compelled to abandon the said house, and has been unable to 

rent the same.] 

5. [Facts showing when the cause of action arose and that the Court has jurisdiction.] 
6.  The  value  of  the  subject-matter  of  the  suit  for  the  purpose  of  jurisdiction  is  rupees  and  for  the  

purpose of court-fees is...........rupees. 

7. The plaintiff claims that the defendant be restrained by injunction from committing or permitting any 

further nuisance. 

No. 37 
PUBLIC NUISANCE 
(Title) 

A. B., the above-named plaintiff, states as follows:— 

1. The defendant has wrongly heaped up earth and stones on a public road known as...............Street 
at...........so  as  to  obstruct  the  passage  of  the  public  along  the  same  and  threatens  and  intends,  unless 
restrained from so doing, to continue and repeat the said wrongful act. 

1[*2.  The  plaintiff  has  obtained  the  leave  of  the  Court  for  the  institution  of  this  suit.]

1. Subs. by Act 104 of 1976, s. 93, for paragraph 2 (w.e.f. 1-2-1977). 
*Not applicable  where suit is instituted by the Advocate-General. 

244 

 
                                                      
[As in paras. 4 and 5 of Form No. 1] 

5. The plaintiff claims— 

(1) a declaration that the defendant is not entitled to obstruct the passage of the public along the 

said road; 

(2) an injunction restraining the defendant from obstructing the passage of the public along the 
said public road and directing the defendant to remove the earth and stones wrongfully heaped up as 
aforesaid. 

No. 38 
INJUNCTION AGAINST THE DIVERSION OF A WATER-COURSE 
(Title) 

A. B., the above-named plaintiff, states as follows:—  

[As in form No. 27.] 

The plaintiff claims that the defendant be restrained by injunction from diverting the water as aforesaid. 

No. 39 
RESTORATION OF MOVABLE PROPERTY THREATENED WITH DESTRUCTION AND FOR AN INJUNCTION 
(Title) 

A. B., the above-named plaintiff, states as follows:— 

1.  Plaintiff is, and at all times hereinafter mentioned was, the owner of [a portrait of his grandfather 
which was executed by an eminent painter], and of which no duplicate exists [or state any facts 
showing that the property is of a kind that cannot be replaced by money]. 

2.  On the.............. day  of...............20......,  he  deposited  the  same  for  the  safe-keeping  with  the  

defendant. 

3.  On the............... day  of...............20......,  he  demanded  the  same  from  the  defendant  and  offered  

to pay all reasonable charges for the storage of the same. 

4.  The defendant refuses to deliver the same to the plaintiff and threatens to conceal, dispose of, cut 

or injure the same if required to deliver it up. 

5.  No pecuniary compensation would be an adequate compensation to the plaintiff for the loss of the 

[painting]. 

[As in paras. 4 and 5 of Form No. 1. ] 

8. The plaintiff claims—  

(1) that the defendant be restrained by injunction from disposing of, injuring or concealing the 

said [painting], 

(2) that he be compelled to deliver the same to the plaintiff. 

No. 40 
INTERPLEADER 
(Title) 

A. B., the above-named plaintiff, states as follows:— 

1. Before the date of the claims hereinafter mentioned G.H. deposited with the plaintiff [describe the 

property] for [safe-keeping]. 

2. The defendant C.D. claims the same [under an alleged assignment thereof to him from G.H.].  
3. defendant E. F. also claims the same [under an order of G.H. transferring the same to him.]  
4. The plaintiff is ignorant of the respective rights of the defendants. 
5. He has no claim upon the said property other than for charges and costs, and is ready and willing to 

deliver it to such persons as the Court shall direct. 

245 

 
6. The suit is not brought by collusion with either of the defendants.  
[As in paras. 4 and 5 of Form No. 1.] 

9. The plaintiff claims— 

(1)  that  the  defendants  be  restrained,  by  injunction,  from  taking  any  proceedings  against  the 

plaintiff in relation thereto; 

(2) that they be required to interplead together concerning their claims to the said property;  

[(3) that some person be authorised to receive the said property pending such litigation;] 

(4) that upon delivering the same to such [person] the plaintiff be discharged from all liability to 

either of the defendants in relation thereto. 

ADMINISTRATION BY CREDITOR ON BEHALF OF HIMSELF AND ALL OTHER CREDITORS 

No. 41 

A. B., the above-named plaintiff, states as follows:— 

(Title) 

1. E.F. late of................. ,  was  at  the  time  of  his  death,  and  his  estate  still  is,  indebted  to  the 

plaintiff in the sum of.......................  [here insert nature of debt and security, if any]. 

2. E.F. died on or about the........................... day of.......................By his last will, dated the........... 
day of.............he appointed C.D. his executor  [or devised his estate in trust, etc., or died intestate, as 
the case may be]. 

3. The will was proved by C.D. [or letters of administration were granted, etc.]. 

4. The defendant has possessed himself of the movable [and immovable], or the proceeds of the 

immovable property of E.F. and has not paid the plaintiff his debt. 

[As in paras. 4 and 5 of Form No. 1.] 

7. The plaintiff claims that an account may be taken of the movable [and immovable] property of 

E.F., deceased, and that the same may be administered under the decree of the Court. 

No. 42  
ADMINISTRATION BY SPECIFIC LEGATEE  
(Title)  
[Alter Form No. 41 thus] 

[Omit paragraph 1 and commence paragraph 2] E.F. late of ..... , died on or about the.......................... 

day of ...................... By his last will, dated the ................... day of........ he appointed C.D., his executor, 
and bequeathed to the plaintiff [here state the specific legacy]. 

For paragraph 4 substitute— 

The defendant is in possession of the movable property of E.F., and, amongst other things, of the 

said [here name the subject of the specific bequest]. 

For the commencement of paragraph 7 substitute—  

The plaintiff claims that the defendant may be ordered to deliver to him the said [here name the 

subject of the specific bequest], or that, etc. 

246 

 
 
No. 43 
ADMINISTRATION BY PECUNIARY LEGATEE 

(Title) 

[Alter Form No. 41 thus] 

[Omit paragraph 1 and substitute for paragraph 2] E.F, late of.......... ........................, died on or about 

the .............. day of ............................................... By his last will, dated the...........................................day 

of...................... he appointed C.D. his executor, and bequeathed to the plaintiff a legacy of............

rupees.  

In paragraph 4 substitute “legacy” for “debt” 

Another form 

(Title) 

E. F, the above-named plaintiff, states as follows:— 

1. A. B. of K. in the…………………died on the……………. Day of….………….……by his last will, 
dated the........... day of..............., he appointed the defendant and M.N. [who died in the testator’s lifetime] 
his executors, and bequeathed his property, whether movable or immovable, to his executors in trust, to 
pay the rents and income thereof to the plaintiff for his life; and after his decease, and in default of his 
having a son who should attain twenty-one, or a daughter who should attain that age or marry, upon trust 
as to his immovable property for the person who would be the testator's heir-at-law, and as to his movable 
property for the persons who would be the testator’s next-of-kin if he had died intestate at the time of the 
death of the plaintiff and such failure of his issue as aforesaid. 

2. The will was proved by the defendant on the...............................day of........................The plaintiff 

has not been married. 

3. The testator was at his death entitled to movable and immovable property; the defendant entered 
into the receipt of the rents of the immovable property and got in the movable property; he has sold some 
part of the immovable property. 

[As in paras. 4 and 5 of Form No. 1.] 

6. The plaintiff claims—  

 (1) to  have  a  movable  and  immovable  property  of  A.  B.  administered in this Court, and for  that 

purpose to have all proper directions given and accounts taken; 

(2) such further or other relief as the nature of the case may require. 

No. 44 
EXECUTION OF TRUSTS 

(Title) 

A. B., the above-named plaintiff, states as follows:— 

1.  He  is  one  of  the  trustees  under  an  instrument  of  settlement  bearing  date  on  or  about 
the.................day of.............................  made upon the marriage of E.E. and G.H., the father and mother 
of the defendant [or an instrument of transfer of the estate and effects of E.F. for the benefit of C.D., the 
defendant, and the other creditors of E.F.]. 

2. A.B. has taken upon himself the burden of the said trust, and is in possession of [or of the proceeds 

of] the movable and immovable property transferred by the said instrument. 

 3. C.D. claims to be entitled to a beneficial interest under the instrument.  

[As in paras. 4 and 5 of Form No. 1.] 

247 

 
 
 
 
 
6. The plaintiff is desirous to account for all the rents and profits of the said immovable property [and 
the proceeds of the sale of the said, or of part of the said, immovable property, or movable, or the proceeds 
of the sale of, or of part of, the said movable property, or the profits occurring to the plaintiff as such trustee 
in the execution of the said trust]; and he prays that the Court will take the accounts of the said trust, and 
also  that  the  whole  of  the  said  trust  estate  may  be  administered  in  the  Court  for  the  benefit  of  C.D.,  the 
defendant, and all other persons who may be interested in such administration, in the presence of C.D. and 
such other persons so interested as the Court may direct, or that C.D. may show good cause to the contrary. 

[N.B.—Where the suit is by a beneficiary, the plaint may be modelled mutatis mutandis on the plaint 

by a legatee.] 

No. 45 
FORECLOSURE OR SALE 
(Title) 

A. B., the above-named plaintiff, states as follows:— 

1. The plaintiff is mortgagee of lands belonging to the defendant. 
2. The following are the particulars of the mortgage:— 

(a) (date); 
(b) (names of mortgagor and mortgagee); 
(c) (sum secured); 
(d) (rate of interest); 
(e) (Property subject to mortgage); 
(f) (amount now due); 
(g)  (if  the  plaintiff's  title  is  derivative,  state  shortly  the  transfers  or  devolution  under 

which he claims). 

(If the plaintiff is mortgagee in possession add). 

3. The plaintiff took possession of the mortgaged property on the  .........day of........................ and is 

ready to account as mortgagee in possession from that time. 

[As in paras. 4 and 5 of Form No. 11  
6. The plaintiff claims— 

(1) payment, or in default [sale or] foreclosure [and possession];  

[Where Order 34, rule 6, applies.] 

(2)  in  case  the  proceeds  of  the  sale  are  found  to  be  insufficient  to  pay  the  amount  due  to  the 

plaintiff then that liberty be reserved to the plaintiff to apply for 1[an order for the balance]. 

No. 46 
REDEMPTION 
(Title) 

A. B., the above-named plaintiff, states as follows:— 

1. The plaintiff is mortgagor of lands of which the defendant is mortgagee. 
2. The following are the particulars of the mortgage:— 

(a) (date); 
(b) (names of mortgagor and mortgagee); 
(c) (sum secured); 
(d) (rate of interest); 

1. Subs. by Act 104 of 1976 s. 93, for “a decree for the balance” (w.e.f. 1-2-1977). 

248 

 
 
 
                                                      
 
(e) (property subject to mortgage); 

(f) (If the plaintiff’s title is derivative, state shortly the transfers or devolution under which he 

claims). 

(If the defendant is mortgagee in possession, add) 

3. The defendant has taken possession [or has received the rents] of the mortgaged property.  

[As in paras. 4 and 5 of Form No. 1.] 

6. The plaintiff claims to redeem the said property and to have the same reconveyed to him [and 

to have possession thereof]. 1[together with mesne profits]. 

No. 47 

SPECIFIC PERFORMANCE (No. 1) 

(Title) 

A. B., the above-named plaintiff, states as follows:— 

1. By an agreement dated the........... day of................ and  signed  by  the  defendant,  he  contracted  to 
buy of [or sell to] the plaintiff certain immovable property therein described and deferred to, for the sum 
of........................ rupees. 

2. The plaintiff has applied to the defendant specifically to perform the agreement on his part, but the 

defendant has not done so. 

3. The plaintiff has been and still is ready and willing specifically to perform the agreement on his 

part of which the defendant has had notice. 

[As in paras. 4 and 5 of Form No. 1.] 

6. The plaintiff claims that the Court will order the defendant specifically to perform the agreement 
and  to  do  all  acts  necessary  to  put  the  plaintiff  in  full  possession  of  the  said  property  [or  to  accept  a 
transfer and possession of the said property] and to pay the costs of the suit. 

No. 48 

SPECIFIC PERFORMANCE (No. 2) 

(Title) 

A. B., the above-named plaintiff, states as follows:— 

1. On the..............day of..............20............, the plaintiff and defendant entered into an agreement, in 

writing, and the original document is hereto annexed. 

The defendant was absolutely entitled to the immovable property described in the agreement. 

2.  On  the...........day  of...............20............,  the  plaintiff  tendered  rupees  to  the  defendant,  and  

demanded a transfer of the said property by a sufficient instrument. 

3.  On  the..........day  of..................20..........,  the  plaintiff  again  demanded  such  transfer.  [Or  the  

defendant refused to transfer the same to the plaintiff.] 

4. The defendant has not executed any instrument of transfer. 

5.  The  plaintiff  is  still  ready  and  willing  to  pay  the  purchase-money  of  the  said  property  to  the 

defendant. 

[As in paras. 4 and 5 of Form No. 1.] 

8. The plaintiff claims— 

(1)  that  the  defendant  transfers  the  said  property  to  the  plaintiff  by  a  sufficient  instrument 

[following the terms of the agreement]; 

(2)……………. rupees compensation for withholding the same. 

1. Ins. by Act 104 of 1976, s. 93 (w.e.f. 1-2-1977). 

249 

                                                      
No. 49 
PARTNERSHIP 

(Title) 

A.B., the above-named plaintiff, states as follows:— 

1. He and C.D., the defendant, have been for......................years [or months] past carrying on business 

together under articles of partnership in writing [or under a deed, or under a verbal agreement]. 

2. Several disputes and differences have arisen between the plaintiff and defendant as such partners whereby 
it has become impossible to carry on the business in partnership with advantage to the partners, [Or the defendant 
has committed the following breaches of the partnership articles:— 

(1)  
(2) 
(3)  

5. The plaintiff claims— 

(1) dissolution of the partnership; 

(2) that accounts be taken; 

(3) that a receiver be appointed. 

.] 

[As in paras.  4 and  5 of Form No. 1.] 

(N.B.—In  suits  for  the  winding-up  of  any  partnership,  omit  the  claim  for  dissolution;  and  instead  insert  a 

paragraph stating the facts of the partnership having been dissolved). 

(4) WRITTEN STATEMENTS 

General Defences 

Denial—The defendant denies that (set out facts).  

The defendant does not admit that (set out facts). 

The defendant admits that………………but says that…………… 

The defendant denies that he is a partner in the defendant firm of…………………… 

Protest—The defendant denies that he made the contract alleged or any contract with the plaintiff.                                             

The defendant denies that he contracted with the plaintiff as alleged or at all. 

The defendant admits assets but not the plaintiff’s claim.  

The defendant denies that the plaintiff sold to him the goods mentioned in the plaintiff or any of them. 
Limitation—The  suit  is  barred  by  article.....................................or  article...............of  the  Second 

Schedule to the Indian1 Limitation Act, 1877 (15 of 1877). 

Jurisdiction—The Court has no jurisdiction to hear the suit on the ground that (set forth the grounds). 
On the ........................................................................................day of ....................... a diamond ring was delivered 

by the defendant to and accepted by the plaintiff in discharge of the alleged cause of action. 

Insolvency—The defendant has been adjudged an insolvent. 
The plaintiff before the institution of the suit was adjudged an insolvent and the right to sue vested in 

the receiver. 

Minority—The defendant was a minor at the time of making the alleged contract. 

1. See now the Limitation Act, 1963 (36 of 1963). 

250 

 
 
 
 
 
 
                                                      
Payment into Court—The defendant as to the whole claim (or as to Rs..........part of the money claimed, or 
as the case may be) has paid into Court Rs................................and says that this sum is enough to satisfy 
the plaintiff's claim (or the part aforesaid). 

Performance remitted—The performance of the promise alleged was remitted on the date). 

Rescission—The contract was rescinded by agreement between the plaintiff and defendant. 

Res judicata—The plaintiff's claim is barred by the decree in suit (give the reference). 

Estoppel—The plaintiff is estopped from denying the truth of (insert statement as to which estoppel 

is claimed) because (here state the facts relied on as creating the estoppel). 

Ground of defence subsequent to institution of suit—Since the institution of  the suit, that is to 

say, on the......................  day of.................................. (set out facts). 

DEFENCE IN SUITS FOR GOODS SOLD AND DELIVERED 

No. 1 

1. The defendant did not order the goods. 
2. The goods were not delivered to the defendant. 
3. The price was not Rs. 

[or] 

4.  

5.    Except as to Rs. 

, same as                

  1. 

2. 

6. 
7. the defendant [or A. B., the defendant's agent] satisfied the claim by payment before suit to 

3. 

the plaintiff [or to C.D., the plaintiff's agent] on the    

day of   

20, 

8. The defendant satisfied the claim by payment after suit to the plaintiff on the       day of  20 

No. 2 

DEFENCE IN SUITS ON BONDS 

1. The bond is not the defendant’s bond. 
2. The defendant made payment to the plaintiff on the day according to the condition of the bond. 
3. The defendant made payment to the plaintiff after the day named and before suit of the 
principal and interest mentioned in the bond. 

No. 3 

DEFENCE IN SUITS ON GUARANTEES 

1. The principal satisfied the claim by payment before suit. 

2. The defendant was released by the plaintiff giving time to the principal debtor in pursuance of 

a binding agreement. 

No. 4 

DEFENCE IN ANY SUITS FOR DEBT 

1. As to Rs. 200 of the money claimed, the defendant is entitled to set off for goods sold and delivered by 

the defendant to the plaintiff. 

Particulars are as follows : 

      Rs. 

  1907 January 25th.       .     .    .     .     .      .    .         .      .        .      .    .         .     .    .  .   .  .     150 

,,     February 1st . . . . .  . .   . .   . .   .    .      .        .      .       .    .      .      .      .      .        .  . .    50 

Total 

200 

251 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2. As to the whole [or as to Rs...................... , part of the money claimed] the defendant made tender 

before suit of Rs.........and has paid the same into Court. 

No. 5 

DEFENCE IN SUITS FOR INJURIES CAUSED BY NEGLIGENT DRIVING 

1.  The  defendant  denies  that  the  carries  mentioned  in  the  plaint  was  the   defendant's 
carriage, and that it was under the charge or control of the defendant's servants. The carriage 
belonged  to.......................  of.....................Street,  Calcutta,  livery  stable  keepers  employed  by  the 
defendant to supply him with carriages and horses and the person under whose charge and control the said 
carriage was, was the servant of the said. 

2.  The  defendant  does  not  admit  that  the  said  carriage  was  turned  out  of  Middleton  Street  either 

negligently, suddenly or without warning, or at a rapid or dangerous pace. 

3. The defendant says the plaintiff might and could, by the exercise of reasonable care and diligence, 

have seen the said carriage approaching him, and avoided any collision with it. 

4. The defendant does not admit the statements contained in the third paragraph of the plaint. 

No. 6 

DEFENCE IN ALL SUITS FOR WRONGS 

1. Denial of the several acts [or matters] complained of. 

No. 7 

DEFENCE IN ALL SUITS FOR DETENTION OF GOODS 

1. The goods were not the property of the plaintiff. 

2. The good were detained for a lien to which the defendant was entitled. 

Particulars are as follows:— 

1907, May 3rd To carriage of the goods claimed from Delhi to Calcutta:— 

45 maunds at Rs. 2 per maund.................Rs. 90. 

No. 8 

DEFENCE IN SUITS FOR INFRINGEMENT OF COPYRIGHT 

1. The plaintiff is not the author [assignee, etc.] 

2. The book was not registered. 

3. The defendant did not infringe. 

No. 9 

DEFENCE IN SUITS FOR INFRINGEMENT OF TRADE MARK 

1. The trade mark is not the plaintiff’s. 

2. The alleged trade mark is not a trade mark. 

3. The defendant did not infringe. 

No. 10 

DEFENCE IN SUITS RELATING TO NUISANCES 

1. The plaintiff’s lights are not ancient [or deny his other alleged prescriptive rights]. 

2. The plaintiff’s lights will not be materially interfered with by the defendant’s buildings. 

3.  The  defendant  denies  that  he  or  his  servants  pollute  the  water  [or  do  what  is  complained  of].

252 

[If the defendant claims the right by prescription or otherwise to do what is complained of, he must 

say so, and must state the grounds of the claim, i.e., whether by prescription, grant or what.] 

4. The plaintiff has been guilty of laches of which the following are particulars:— 

1870.  Plaintiff 's mill began to work. 

1871.  Plaintiff came into possession. 

1883.  First complaint. 

5. As to the plaintiff's claim for damages the defendant will rely on the above grounds of defence, and 
says that the acts complain of have not   produced any damage to the plaintiff  [If  other grounds are relied on, 
they must be stated, e.g., limitation as to past damage.] 

No. 11 

DEFENCE TO SUIT FOR FORECLOSURE 

1. The defendant did not execute the mortgage. 

2. The mortgage was not transferred to the plaintiff (if more than one transfer is alleged, say which is 

denied). 

3.  The  suit  is  barred  by  article................................................of  the  Second  Schedule  to  the  1Indian 

Limitation Act, 1877 (15 of 1877). 

4. The following payment have been made, viz, :— 

(Insert date)— 

(Insert date)— 

Rs. 1,000 

Rs. 500 

5. The plaintiff took possession on the .......... ............of ... ..............and has received the rents ever since. 

6. The plaintiff released the debt on the ....... ...................of............................................. 

7. The defendant transferred all his interest to A. B. by a document dated.......... 

No. 12 

DEFENCE TO SUIT FOR REDEMPTION 

1. The plaintiff’s right to redeem is barred by article of the Second Schedule to the 1Indian Limitation 

Act 1877 (15 of 1877). 

2. The plaintiff transferred all interest in the property to A. B. 

3. The defendant, by a document dated the....................day of ..............transferred all his interest in 

the mortgage-debt and property comprised in the mortgage to A.B. 

4. The defendant never took possession of the mortgaged property, or received the rents thereof. 

(if  the  defendant  admits  possession  for  a  time  only,  he  should  state  the  time  and  deny  possession 

beyond what he admits.) 

1. See now the Limitation Act, 1963 (36 of 1963). 

253 

 
 
 
 
 
 
 
                                                      
No. 13 

DEFENCE TO SUIT FOR SPECIFIC PERFORMANCE 

1.  The defendant did not enter into the agreement. 

2.  A.B. was not the agent of the defendant (if alleged by plaintiff). 

3.  The plaintiff has not performed the following conditions—(Conditions). 

4.  The defendant did not—(alleged acts of part performance). 

5.  The  plaintiff's  title  to  the  property  agreed  to  be  sold  is  not  such  as  the  defendant  is  bound  to 

accept by reason of the following matter—(State why). 

6.  The agreement is uncertain in the following respects—(State them). 

7. 

8. 

9. 

(or) The plaintiff has been guilty of delay. 

(or) The plaintiff has been guilty of fraud (or misrepresentation). 

(or) The agreement is unfair. 

10.  (or) The agreement was entered into by mistake. 

11.  The following are particulars of (7), (8), (9), (10) (or as the case may be). 

12.  The agreement was rescinded under Conditions of Sale, No. 11 (or by mutual agreement). 

(In cases where damages are claimed and the defendant disputes his liability to damages, he must 
deny the  agreement  Or  the  alleged  breaches,  or show  whatever  other  ground of  defence  he intends to 
rely on, e.g., the 1Indian Limitation Act, accord and satisfaction, release, fraud, etc.) 

DEFENCE IN ADMINISTRATION SUIT BY PECUNIARY LEGATEE 

No. 14 

1. A.B. ‘s will contained a charge of debts; he died insolvent; he was entitled at his death to some 
immovable  property  which  the  defendant  sold  and  which  produced  the  net  sum  of  Rs...................,  and  the  
testator had some movable property which the defendant got in, and which produced the net sum of  Rs............ 

2. The defendant applied the whole of the said sums and the sum of Rs.......................  ..........which  the 
defendant received from rents of the immovable property in the payment of the funeral and testamentary 
expenses and some of the debts of the testator. 

3. The defendant made up his accounts and sent a copy thereof to the plaintiff on the.................. ..day 
of...................... 20......... ,  and  offered  to  plaintiff  free  access  to  the  vouchers  to  verify  such  accounts,  
but he declined to avail himself of the defendant’s offer. 

4. The defendant submits that the plaintiff ought to pay the cost of this suit. 

No. 15 

PROBATE OF WILL IN SOLEMN FORM 

1. The said will and codicil of the deceased were not duly executed according to the provisions of the 

Indian Succession Act, 18652 (10 of 1865) [or of the Hindu Wills Act, 18702 (21 of 1870)]. 

2. The deceased at the time the said will and codicil respectively purport to have been executed, was 

not of sound mind, memory and understanding. 

3. The execution of the said will and, codicil was obtained by the undue influence of the plaintiff [and 

others acting with him whose names are at present unknown to the defendant]. 

4. The execution of the said will and codicil was obtained by the fraud of the plaintiff, such fraud so 

far as is within the defendant’s present knowledge, being [state the nature of the fraud]. 

1. See now the Limitation Act, 1963 (36 of 1963). 
2. See now the Indian Succession Act, 1925 (39 of 1925). 

254 

                                                      
 
 
5. The deceased at the time of the execution of the said will and codicil did not know and approve 

the contents thereof [or of the contents of the residuary clause in the said will, as the case may be]. 

6.  The  deceased  made  his  true  last  will,  dated  the  1st  January,  1873,  and  thereby  appointed  the 

defendant sole executor thereof. 

The defendant claims—  

(1) that the Court will pronounce against the said will and codicil propounded by the plaintiff ; 

(2) that the Court will decree probate of the will of the deceased, dated the 1st January, 1873, in 

solemn form of law. 

No. 16 

PARTICULARS (O.6, r. 5.) 

(Title of suit) 

Particulars.—The  following  are  the  particulars  of  (here  state  the  matters  in  respect  of  which 

particulars have been ordered) delivered pursuant to the order of        the          of 

(Here set out the particulars ordered in paragraphs if necessary). 

255 

 
 
 
APPENDIX B 

PROCESS 

No. 1. 

SUMMONS FOR DISPOSAL OF SUIT (O. 5, rr.1.5.) 

(Title) 

T o  

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name, description and place of residence.] 

WHEREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  has instituted a suit against you for you are hereby 
summoned to appear in this Court in person, or by a pleader duly instructed (and able to answer all material 
questions  relating  to  the  suit,  or  who  shall  be  accompanied  by  some  person;  able  to  answer  all  such 
questions,...............on.................the........................................day.................of........................20.................., 
at.........................................O’clock  in  the................................................  noon,  to  answer  the  claim  ;  and 
as the day fixed for your appearance is appointed for the final disposal of the suit, you must be prepared 
to  produce  on  that  day  all  the  witnesses  upon  whose  evidence  and  all  the  documents  upon  which  you 
intend to rely in support of your defence. 

Take notice that, in default of your appearance on the day before mentioned, the suit will be heard 
and determined in your absence. 

Given under my hand and the seal of the Court, this..............day of................................. .......... 20 

J u d g e  

NOTICE—1. Should you apprehend your witnesses will not attend of their own accord, you can have 
a summons from this Court to compel the attendance of any witness, and the production of any document 
that you have a right to call upon the witness to produce, on applying to the Court and on depositing the 
necessary expenses. 

2. If you admit the claim, you should pay the money into Court together with the costs of the suit, to 

avoid execution of the decree, which may be against your person or property, or both. 

256 

 
No. 2 

SUMMONS FOR SETTLEMENT OF ISSUES (O. 5, rr.1. 5.) 

(Title) 

by 

T o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name,  description  and  place  of  residence.] 
WHEREAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   has  instituted  a suit against  you 
for……………………………..you  are  hereby  summoned  to  appear  in  this  Court  in  person,  or  by  a 
pleader  duly  instructed,  and  able  to  answer  all  material  question  relating  to  the  suit,  or  who  shall  be 
accompanied 
the.........................................................day  of……......................20.....................,  at......................O'clock 
in the………….................noon, to answer the claim; 1[and further you are hereby directed to file on that 
day a written statement of your defence and to produce on the said day all documents in your possession 
or power upon which you base your defence or claim for set-off or counterclaim, and where you rely on 
any other document whether in your possession or power or not, as evidence in support of your defence 
or claim for set-off or counterclaim, you shall enter such documents in a list to be annexed to the written 
statement]. 

questions, 

answer 

person 

some 

such 

able 

all 

to 

on              

Take note that, in default of your appearance on the day before mentioned, the suit will be heard 

and determined in your absence. 

GIVEN under my hand and the seal of the Court, this .............. day of .................. 20 ...........  

NOTICE—1. Should you apprehend your witnesses will not attend of their own accord, you can 
have  a  summons  from  this  Court  to  compel  the  attendance  of  any  witness,  and  the  production  of  any 
document  that  you  have  a  right  to  call  on  the  witness  to  produce,  on  applying  to  the  Court  and  on 
depositing the necessary expenses. 

2. If you admit the claim, you should pay the money into Court together with the costs of the suit, 

to avoid execution of the decree, which may be against your person or property, or both. 

Judge. 

No. 3 

SUMMONS TO APPEAR IN PERSON (O. 5, r. 3.) 

(Title) 

T o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  [Name, description and place of residence.] 

WHEREAS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . has 

you 
for...............you are hereby summoned to appear in this Court in person on the….............................. day 
of  ......................  20........................................at  O’clock  in  the....................................noon,  to  answer  the 
claim; and you are directed to produce on that day all the documents upon which you intend to rely in 
support of your defence. 

instituted 

against 

suit 

a 

Take notice that, in default of your appearance on the day before mentioned, the suit will be heard 

and determined in your absence. 

GIVEN under my hand and the seal of the Court, this.......................... day of ............................. 20 

Judge. 

1. Subs. by Act 104 of 1976, s. 94, for certain words (w.e.f- 1-2-1977). 

257 

 
 
 
 
 
 
 
 
                                                      
 
1[No. 4 
SUMMONS IN A SUMMARY SUIT  
(O. 37, r. 2)  
(Title) 

To. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  [Name description and place of residence.] 
WHEREAS........................... has instituted a suit against you under Order XXXVII of the Code of Civil 
Procedure, 1908, for Rs.................and interest, you are hereby summoned to cause and appearance to be 
entered for you, within ten days from the service hereof, in default hereof the plaintiff will be entitled,  
after the expiration of the said period of ten days, to obtain a decree for any sum not exceeding the sum of 
Rs....................and the sum of Rs..........................for costs, together with such interest, if any, as the Court may 
order. 

If  you    cause  an  appearance  to  be  entered  for  you,  the  plaintiff  will  thereafter  server  upon  you  a 
summons for judgment at the hearing of which you will be entitle to move the Court for leave to defend 
the suit. 

Leave  to  defend  may  be  obtained  if  you  satisfy  the  Court  by  affidavit  or  otherwise  that  there  is 

defence to the suit on the merits or that it is reasonable that you should be allowed to defend. 

Given under my hand and the seal of the Court, this............................day of...........................20........... 

Judge.] 

2[No. 4A 
SUMMONS FOR JUDGMENT IN A SUMMARY SUIT 
(O. 37, r. 3) 
(Title) 

In the..............................Court, at..............................Suit No................................................of 20 
Plaintiff 
XYZ 

Versus 

ABC 
Upon reading the affidavit of the plaintiff the Court makes the following order, namely:— 
Let  all  parties  concerned  attend  the  Court  or  Judge,  as  the  case  may  be,  on  the  .....................day  of 
.................. 20       , at ..........................O’clock in the forenoon on the hearing of the application of the 
plaintiff that he be at liberty to obtain judgment in this suit against the defendant (or if against one or 
some or several, insert names) for Rs....................and for interest and costs. 
Date the ......................day of.................. 20          .] 

Defendant 

Judge. 

1. Subs. by Act 104 of 1976, s. 94, for Form No. 4 (w.e.f 1-2-1977). 
2. Subs. by s. 94, ibid. (w.e.f. 1-2-1977). 

258 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
No. 5 
NOTICE TO PERSON WHO, THE COURT CONSIDERS, SHOULD BE ADDED AS CO-PLAINTIFF 
(O. 1, r. 10) 
(Title) 
To. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [Name, description and place of residence.] 
WHEREAS.........................has instituted a suit against.........................for..............................and whereas 
it appears necessary that you should be added as plaintiff in the said suit in order to enable the Court 
effectually and completely to adjudicate upon and settle all the questions involved. 
Take notice that you should on or before the .................. day of ........................ 20, signify to this 

Court whether you consent to be so added. 

Given under my hand and the seal of the Court, this ................. day of ...................... 20 

J ud ge.  

No. 6 
SUMMONS TO LEGAL REPRESENTATIVE OF A DECEASED DEFENDANT 
(O. 22, r. 4) 
(Title) 

T o  

WHEREAS the plaintiff .................... ...........instituted a suit in this Court on the… ..........................day 
of.............../20....against  the  defendant........  who  has  since  deceased,  and  whereas  the  said  plaintiff  has 
made  an application to this Court alleging that you are the legal representative of the said,  ..  deceased, 
and desiring that you be made the defendant in his stead; 

You are hereby summoned to attend in this Court on the………… day of........... ......... ......20......., 
…………….A.M. to defend the said suit and, in default of your appearance on the day specified, the said  
suit will be heard and determined in your absence. 

at     

Given under my hand and the seal of the Court, this ................. day of ...................... 20 

J ud ge.  

No. 7 
ORDER FOR TRANSMISSION OF SUMMONS FOR SERVICE IN THE JURISDICTION OF ANOTHER COURT 
(O. 5, r. 21) 
(Title) 

WHEREAS it is stated that ................................................................................................  

in the above suit is at present residing in.......................................................... 

defendant 
witness 
It is ordered that a summons returnable on the ....................day of...........................20....... , be 
forwarded to the  ..............Court of 
defendant/witness............ with a duplicate of this proceeding. 

................for service on the said 

The court-fee of ............. chargeable in respect to the summons has been realised on this Court in 

stamps. 

Dated ........................20 .........  

J u d g e .  

259 

 
 
 
 
 
 
 
 
 
 
 
 
No. 8 
ORDER FOR TRANSMISSION OF SUMMIONS TO BE SERVED ON A PRISONER 
(o. 5, r. 25.) 
(Title) 

T o  

. . . . . . . . . . . . . . . . . . . . . . . . . . .  
. . . . . . . . . . . . . . . . . . . . . . . . . . .  

The Superintendent of the Jail at........................................................................................................

 ............................................. ............................................................................................................. 
Under  the  provisions  of  Order  V,  rule  24,  of  the  Code  of  Civil  Procedure,  1908,  a  summons  in 
duplicate is here with forwarded for service on the defendant.................. who is............... a  prisoner 
in 
jail, You are requested to cause a copy of the said summons to be served upon the said defendant and to 
return  the  original  to  this  Court  signed  by  the  said  defendant,  with  a  statement  of  service  endorsed 
thereon by you. 

No. 9 
ORDER FOR TRANSMISSION OF SUMMONS TO BE SERVED ON A PUBLIC SERVANT OR SOLDIER 

Judge. 

T o  

(O. 5, rr. 27, 28.) 
(Title) 

UNDER  the  provisions  of  Order  V,  rule  27  (or  28,  as  the  case  may  be),  of  the  Code  of  Civil 
the 
Procedure,  1908,  a 
defendant…………….who  is stated  to  be serving  under  you.  You are  requested  to cause  a  copy  of  the 
said summons to be served upon the said defendant and to return the original to this Court signed by the 
said defendant, with a statement of service endorsed thereon by you. 

in  duplicate 

is  herewith 

service  on 

forwarded 

summons 

for 

J u d g e .  

N o .   1 0  
TO ACCOMPANY RETURNS OF SUMMONS OF ANOTHER COURT 
(O. 5, r. 23.) 
(Title) 
Read proceeding from the .................. forwarding ................ for service on ................... in Suit No. 

 ...............................Of...............20 ........... of that Court. 

Read Serving Officer's endorsement stating that the.....................and  proof  of  the  above  having  been 
duly taken by me on the oath of............................ and.................................it is ordered that the...............be 
returned to the.............with a copy of this proceeding. 

Judge. 

NOTE .—This form will be applicable to process other than summons, the service of which may have 

to be effected in the same manner. 

260 

 
 
 
 
 
 
 
 
 
No. 11 
AFFIDAVIT OF PROCESS-SERVER TO ACCOMPANY RETURN OF A SUMMONS OR NOTICE 
(O. 5, r. 18.) 
(Title) 
The affidavit of ...................................... , son of ................................................................................................... 
I............................................................................................................................make oath 
                                                                                                                              a f f i r m  
and say as follows :— 

(1) I am  a process-server of this Court. 
(2)  On the  day of......................................20...........I  received a 

 summons 

notice 

issued by the Court of ...........in Suit No. .............of............. 20..........., in the said Court, dated the
  day of   ..........20..........., for service on 

      (3)  The said...............was at the time personally known to me, and I served the said 

Summons 

notice 

On the ..........day of........20........, at about....................O’clock in the ................ 

him 
her 

Signature to the original notice 

her 

His  
her 

................noon  at......................by  tendering  a  copy  thereof  to  him  and  requiring                                                                                             

(a) 
(b) 
(a)  Here  state  whether  the  person  served  signed  or  refused  to  sing  the  process,  and  in  whose 

presence. 

(b) Signature of process-server. 

or, 

(3)  

The said........................not being personally known to me.............accompanied me............to 

and pointed out to me a person whom he stated to be the said......., and I served the said..... 

on 

noo
n 

Him 
her 

on the ......................day of...................20......., at about...............o’clock in the.......... 

at.....by tendering a copy thereof to him   and requiring him 

Signature to the original  

her                           her 

summons 

notice 

summon 

notice 

(a) 
(b) 
(a)  Here  state  whether  the  person  served  signed  or  refused  to  sing  the  process,  and  in  whose 

presence. 

(b) Signature of process-server. 

or, 
(3)  The said.............and the house in which he ordinarily resides being personally known to me, I 

went to the said house, in ................and thereon the .................day, of ......................19 

at about.......................o’clock in the...............noon , I did not find the said.................... 
(a)  

261 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(b) 
(a)  Enter  fully  and  exactly  the  manner  in  which  the  process  was  served,  with  special  reference  to 

Order 5, rules 15 and 17. 

(b) Signature of process-server. 

or, 

(3)  One...........accompanied  me  to....................and  there  pointed  out  to  me  which  he  said  was  the 

house in which......................ordinarily resides. I did not find the said...............there. 

(a) 

(b)  

(a)  Enter  fully  and  exactly  the  manner  in  which  the  process  was  served,  with  special  reference  to 

Order 5, rules 15 and 17. 

(b) Signature of process-server. 

or, 

If substituted service has been ordered, state fully and exactly the manner in which the summons was 

served with special reference to the terms of the order for substituted service. 

S w o r n  

by the said............................................................................................................before me 

affirmed  
this......................................................day of..................20.............. 

Empowered  under  section  139  of  the 
Code  of  Civil  Procedure,  1908,  to 
administer the oath to deponents. 

No. 12 
NOTICE TO DEPENDANT 
(O. 9, r. 6.) 
(Title) 

To.........................................................  

[Name, description and place of residence.] 
WHEREAS this day was fixed for the hearing of the above suit and a summons was issued to you and the 
plaintiff has appeared in this Court and you did not so appear, but from the return of the Nazir it has been 
proved to the satisfaction of the Court that the said summons was served on you but not in sufficient time 
to enable you to appear and answer on the day fixed in the said summons; 

Notice  is  hereby  given  to  you  that  the  hearing  of  the  suit  is  adjourned  this  day  and  that 
the...................  day of..........................20....................................is now fixed for the hearing of the same; 
in default of your appearance on the day last mentioned the suit will be heard and determined in your 
absence. 

GIVEN under my hand and the seal of the Court, this .........................day of ............... 20....... 

J ud ge.  

No. 13 
SUMMONS TO WITNESS 
(O. 16, rr. 1, 5.) 
(Title) 

To.........................................................  
WHEREAS your attendance is required to................................................................................................ 
on behalf of the...........................................................................................................................in the above 
suit, you are hereby required [personally] to appear before this Court on the................................... day of 
............ 20...........,  at....................O’clock  in  the  forenoon,  and  to  bring  with  you  [or  to  send  to  this 

Court]. 

262 

 
 
 
 
 
A sum of Rs................, being  your  travelling  and  other expenses and  subsistence  allowance for  one 
day, is herewith sent. If you fail to comply with this order without lawful excuse, you will be subject to 
the consequences of non-attendance laid down in rule 12 of Order XVI of the Code of Civil Procedure, 
1908. 

GIVEN under my hand and the seal of the Court, this............................day of.....................20............... 
Judge. 

NOTICE.—(1) If you are summoned only to produce a document and not to give evidence, you shall 
be deemed to have complied with the summons if you cause such document to be produced in this Court 
on the day and hour aforesaid. 

(2)  If  you  are  detained  beyond  the  day  aforesaid,  a  sum  of  Rs........................................will  be 

tendered to you for each day's attendance beyond the day specified. 

No. 14 
PROCLAMATION REQUIRING ATTENDANCE OF WITNESS (O. 16, r. 10.) 
(Title) 

To 

WHEREAS it appears from the examination on oath of the serving officer that the summons could not 
be  served  upon  the  witness  in  the  manner  prescribed  by  law  :  and  whereas  it  appears  that  the 
evidence  of  the  witness  is  material,  and  he  absconds  and  keeps  out  of  the  way  for  the  purpose  of 
evading the service of the summons : This proclamation is, therefore, under rule 10 of Order XVI of 
the  Code  of  Civil  Procedure,  1908,  issued  requiring  the  attendance  of  the  witness  in  this  Court  on 
the..................... day of................ 20......... at..........O'clock  in  the  forenoon  and  from  day  to  day  until  he 
shall have leave to depart;  and if the witness fails to attend on the day and hour aforesaid he will be dealt 
with according to law. 

GIVEN under my hand and the seal of the Court, this ............... day of .......................... 20 ....  
Judge.

No. 15 
PROCLAMATION REQUIRING ATTENDANCE OF WITNESS 
(O. 16, r. 10.) 
(Title) 

To 

WHEREAS it appears from the examination on oath of the serving officer that the summons has been 
duly served upon the witness, and whereas it appears that the evidence of the witness is material and 
he has failed to attend in compliance with such summons : This proclamation is, therefore, under rule 10 
of Order XVI of the Code of Civil Procedure, 1908, issued requiring the attendance of the witness in this 
Court on the.......day of.............. 20.........  at........ O'clock  in  the  forenoon,  and  from  day  to  day  until  he 
shall have leave to depart; and if the witness fails to attend on the day and hour aforesaid he will be dealt 
with according to law. 

GIVEN under my hand and the seal of the Court, this........................... day of......................................20

Judge. 

263 

 
 
 
 
 
No. 16 
WARRANT OF ATTACHMENT OF PROPERTY OF WITNESS (O. 16, r. 10.) 
(Title) 

T o 

The Bailiff of the Court. 
WHEREAS the witness..........................................................................................................................cited by 
............................................................................................................................. .......has not, after the 
expiration of the period limited in the proclamation issued for his attendance, appeared in Court; You 
are hereby directed to hold under attachment................... property  belonging  to  the  said  witness  to  the 
value................... of and to submit a return, accompanied with an inventory thereof, 
within .....................................days. 
Given under my hand and the seal of the Court, this..................................  day of............................. 20
 ........................................  

Judge. 

No. 17 
WARRANT OF ARREST OF WITNESS (O. 16, r. 10) 
(Title) 

T o  

The Bailiff of the Court. 
WHEREAS.................................................................................has  been  duly  served  with  a  summons  but  has 
failed to attend (absconds and keeps out of the way for the purpose of avoiding service of a summons); 
You  are  hereby  ordered  to  arrest  and  bring  the  said...................................................................before  the 
Court. 

You are further ordered to return this warrant on or before the  ................ day of........................... 

20 ............ with an endorsement certifying the day on and the manner in which it has been executed, 

or the reason why it has not been executed. 

Given under my hand and the seal of the Court, this...................  day of............................. 20 

Judge. 

264 

 
No. 18 

WARANT OF COMMITTAL (O. 16, r. 16) 

(Title) 

T o  

The Officer in charge of the Jail at ..........................................  

WHEREAS the plaintiff (or defendant) in the above-named suit has made application to this Court 
that security be taken for the appearance of...... give evidence (or to produce a document), on  the day  of
 ....................................................................................................... 20 
the  Court  has 
called upon the said.............to furnish such security, which he has failed to do; This is to require you to 
receive the said...........into  your  custody  in  the  civil  prison  and  to  produce  him  before  this  Court  at
.....................................on the said day and on such other day or days as may be hereafter ordered. 

 and  whereas 

GIVEN under my hand and the seal of the Court, this ................... day of ............... 20 ............  

No. 19 

Judge. 

WARRANT OF COMMITTAL (O 16, r. 18) 

1 

T o  

The Officer in charge of the Jail at ..................................  

(Title) 

WHEREAS..........................., whose attendance is required before this Court in the above-named case to 
give evidence or to produce a document), has been arrested and brought before the Court in custody; 
and whereas owing to the absence of the plaintiff (or defendant), the said...................cannot give such 
evidence (or produce such document); and whereas the Court has called upon the said to..................to-
give 
of................20................, 
at....................................which he has failed to do; This is to require you to receive the said.......  into 
your custody in the civil prison and to produce him before this Court at.........  on the................ day 
of................  20 

the.............................day 

appearance 

security 

his 

for 

on 

GIVEN under my hand and the seal of the Court, this day of        20 

J ud ge.  

265 

 
APPENDIX C 

DISCOVERY, INSPECTION AND ADMISSION 

No. 1 
ORDER FOR DELIVERY OF INTERROGATORIES (O. 11, r 1.) 

In the Court of........................................................... 
Civil Suit No.....................of ..........................20 
A. B.  ................................................................                                                   Plaintiff, 

  against 

C.D.E.F. and G.H ...…....….                                                                             Defendants. 

Upon hearing  ........................  and upon reading the affidavit of  .................  filed the  ............... day 
of…………20……….; It is ordered that the………..be at liberty to deliver to the……… 

Interrogatories in writing, and that the said……….do answer the interrogatories as prescribed by Order 
XI, rule 8, and that the costs of this application be………….. 

No. 2 
INTERROGATORIES (O. 11, r. 4.)  

(Title as in No. 1, supra) 

Interrogatories on behalf of the above-named [Plaintiff or defendant C. D.] for the examination of 

the above-named [defendants E.F. and G. H. or Plaintiff]. 

1. Did not, etc. 

2. Has not, etc. 

etc.,   

etc.,           etc. 

[The defendant E.F. is required to answer the interrogatories numbered.........................] 

[The defendant G. H. is required to answer the interrogatories numbered ......................] 

No. 3 

ANSWER TO INTERROGATORIES (O. 11, r. 9.)  

(Title as in No. 1, supra) 

The answer of the above-named defendant E. F., to the interrogatories for his examination by the 

above-named plaintiff. 

In answer of the said interrogatories, I, the above-named E. F., make oath and say as follows: — 

1 

2 .   Enter answers to interrogatories in paragraphs numbered consecutively. 

3.  I object to answer the interrogatories numbered on the ground that [state grounds of 

objection]. 

No. 4 

ORDER FOR AFFIDAVIT AS TO DOCUMENTS (O. 11, r. 12.) 
(Title as in No. 1, supra) 

Upon hearing………………; It is ordered that the………..do within…………..form the date of this 
order, answer on affidavit stating which documents are or have been in his possession or power relating 
to the matter in question in this suit, and that the costs of this application be…………………… .  

266 

  
 
 
 
 
No. 5 

AFFIDAVIT AS TO DOCUMENTS (O. 11, r. 13.) 

(Title as in No. 1, supra) 

I, the above-named defendant C. D., make oath and say as follows : — 

1. have in my possession or power the documents relating to the matters in question in this suit 

set forth in the first and second parts of the first schedule hereto. 

2. object to produce the said documents set forth in the second part  of the first schedule hereto 

[stale grounds of objection] 

3. I have had but have not now, in my possession or power the documents relating to the matters 

in question in this suit set forth in the second schedule hereto. 

4. The last-mentioned documents were last in my possession or power on. [State when and what 

has become of them and in whose possession they now are]. 

5. According to the best of my knowledge, information and belief I have not now, and never had, 
in my possession, custody or power, or in the possession, custody or power of my pleader or agent, or 
in the possession custody or power of any other person on my behalf, any account, book of account, 
voucher,  receipt,  letter  memorandum,  paper  or  writing,  or  any  copy  of  or  extract  from  any  such 
document, or any other documents whatsoever, relating to the matters in question in this suit or any of 
them,  or  wherein  any  entry  has  been  made  relative  to  such  matters  or  any  of  them,  other  than  and 
except the documents set forth in the said first and second schedules hereto. 

No. 6 

ORDER TO PRODUCE DOCUMENTS FOR INSPECTION (O. 11, r. 14.) 

(Title as in No. 1, supra) 

Upon hearing………………and upon reading the affidavit of……………….. filed the……………… 

day  of……………20……………;  It  is  ordered  that  the………………..do,  at  all  reasonable 

times, on reasonable notice, produce at…………………. , situate at …………………., the 

following  documents,  namely,………………,  and  that  the……………be  at  liberty  to  inspect  and 
produce the documents so produced, and to make notices of their contents. In the meantime, it is ordered 
that  all  further  proceedings  be  stayed  and  that  the  costs  of  this  application  be……………………….

No. 7 

NOTICE TO PRODUCE DOCUMENTS (O. 11, r. 16.) 

(Title as in No. 1, supra) 

Take notice that the [plaintiff or defendant] requires you to produce for his inspection the following 

documents referred to in your [plaint or written statement or affidavit, dated the……………day of 

…………….20………… ]. 

[Describe documents required.] 

X. Y, pleader for the………….. 

267 

 
 
 
  
  
To Z., pleader for the……….. 

No. 8 

NOTICE TO INSPECT DOCUMENTS (O. 11, r. 17.) 

(Title as in No. 1, supra) 

Take  notice  that  you  can  inspect  the  documents  mentioned  in  your  notice  of  the  ……………..day 
insert  

Of……………..20……….. [except the documents numbered  ……………….in 
place of inspection] on Thursday next, the instant, between the hours of 12 and 4 O’clock.  

that  notice 

Or, that the [plaintiff or defendant] objects to giving you inspection of documents mentioned in your 

notice of the day of………..20………… , on the ground that [state the ground]. 

No. 9 

NOTICE TO ADMIT DOCUMENTS (O. 12, r. 3.) 

(Title as in No. 1, supra) 

Take  notice  that  the  plaintiff  [or  defendant]  in  this  suit  proposes  to  adduce  in  evidence  the  several 
documents  hereunder  specified,  and that the  same  may  be  inspected  by  the  defendant [or  plaintiff],  his 
pleader  or  agent………...  at…………on…………between  the  hours  of…………………..;  and  the 
defendant [or plaintiff] is hereby required, within forty-eight hours from the last-mentioned hour, to admit 
that  such  of  the  said  documents  as  are  specified  to  be  originals  were  respectively  written,  signed  or 
executed, as they purport respectively to have been; that such as are specified as copies are true copies; 
and such documents as are stated to have been served, sent or delivered were so served, sent or delivered, 
respectively, saving all just exceptions to the admissibility of all such documents as evidence in this suit. 

G.H. pleader [as agent] for plaintiff [or defendant]. 

To E.F., pleader [or agent] for defendant [or plaintiff].  

[Here describe the documents and specify as to each document whether it is original or a copy]. 

No. 10 

NOTICE TO ADMIT FACTS (O. 12, r. 5.) 

(Title as in No. 1, supra) 

Take notice that the plaintiff [or defendant] in this suit requires the defendant [or plaintiff] to admit, 
for the purposes of this suit only, the several facts respectively hereunder specified; and the defendant [or 
plaintiff] is hereby required, within six days from the service of this notice, to admit the said several facts, 
saving all just exceptions to the admissibility of such facts as evidence in this suit. 

                                                                                G.H. pleader [or agent] for plaintiff [or defendant].  
To E.F., pleader [or agent] for defendant [or plaintiff].  
The facts, the admission of which is required, are— 

1. That M. died on the 1st January, 1890. 

2. That he died intestate. 

3. That N. was his only lawful son. 

4. That O. died on the 1st April, 1896. 

5. That O. was never married. 

268 

  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
No. 11 

ADMISSION OF FACTS PURSUANT TO NOTICE (O. 12, r. 5.) 

(Title as in No. 1, supra) 

The defendant [or plaintiff] in this suit, for the purposes of this suit only, hereby admits the several 
facts  respectively  hereunder  specified,  subject  to  the  qualifications  or  limitations,  if  any,  hereunder 
specified, saving all just exceptions to the admissibility of any such facts, or any of them, as evidence in 
this suit: 

Provided that this admission is made for the purposes of this suit only, and is not an admission to be 
used  against  the  defendant  [or  plaintiff]  on  any  other  occasion  or  by  any  one  other  than  the  plaintiff       
[or defendant, or party requiring the admission]. 

E. F., pleader [or agent] for defendant [or plaintiff]. 

To G. H., pleader [or agent] for plaintiff [or defendant]. 

Facts admitted 

1. That M. died on the 1st  January, 1890….. 

Qualifications  or  limitations,  if  any,  subject  to 
which they are admitted  
1.  

2. That he died intestate……………………...  2. 

3. That N. was his lawful son ……………….  3. But not that he was his only lawful son. 

4. That O. died……………………………….  4. But not that he died on the 1st  April, 1896. 
5. That O. was never married………………. 

5. ................................................................... 

No. 12 
NOTICE TO PRODUCE (GENERAL FORM) (O. 12, r. 8.) 
(Title as in No. 1, supra) 

Take notice that you are hereby required to produce and show to the Court at the first hearing of 
this suit, all books, papers, letters, copies of letters and other writings and documents in your custody, 
possession or power, containing any entry, memorandum or minute relating to the matters in question 
in this suit, and particularly. 
                                                                                     G. H. pleader [or agent] for plaintiff [or defendant]. 

  To E. F. pleader or agent] for defendant [or plaintiff]. 

269 

 
 
 
 
 
 
APPENDIX D 
DECREES 
No. 1 
DECREE IN ORIGINAL SUIT (O. 20, rr. 6,7.) 
(Title) 

Claim for ........................................................................................................................................ 
THIS suit coming on this day for final disposal before ................................... in the presence of 
 ....................................... for the plaintiff and of ............................ for the defendant, it is ordered and 
decreed that .......................................... and that the sum of Rs ........................................... be paid by 
the ....................................... to the ............................. on account of the costs of this suit, with interest 
thereon at the rate of ................................... per cent. per annum from this date to date of realization. 
Given under my hand and the seal of the Court, this ..................... day of ...................................   

20...  

Costs of Suit 

Judge.  

Plaintiff 

Defendant 

Rs.   A. 

P. 

Rs.  A.  P. 

1. Stamp for plaint……….. 

Stamp for power……………... 

2. Do. for power…………… 

3. Do. for exhibits…………. 

4. Pleader’s fee on Rs. ...... 

5. Subsistence for witnesses.. 

6. Commissioner’s fee…… 

7. Service of process…….. 

Do. for petition……… 

Pleader’s fee…………. 

Subsistence for witnesses… 

Service of process………. 

Commissioner’s fee……….. 

                           Total  

                           Total 

No. 2 

SIMPLE MONEY DECREE 
(Section 34) 
(Title) 
Claim for...................................................................................................................................................... 
THIS  suit  coming  on  this........................day  for  final  disposal  before..........in  the  presence  of  
..............................for the plaintiff and of.................for the defendant; It is ordered that the...................do 
pay to the.................. 
the sum of Rs................ with interest thereon at the rate of.......................per cent. 
per  annum  from......................................to  the  date  of  realization  of  the  said  sum  and  do  also  pay    
Rs..................... , the costs of this suit, with interest thereon at the rate of……..per cent. per annum from 
this date to the date of realization. 

Given under my hand and the seal of the Court, this...........................  day of....................20 

Judge. 

270 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Costs of Suit 

Plaintiff 

Defendant 

Rs.  A. 

P. 

Rs. 

A. 

P. 

1. Stamp for plaint.............. 

2. Do. for power............. 
2. Do. for power............. 
3. Do. for exhibit........... 
3. Do. for exhibit........... 
3. Do. for exhibit........... 
4. Pleader's fee on Rs............ 
4. Pleader's fee on Rs............ 
5. Subsistence for 
5. Subsistence for 
witnesses........ 
witnesses........ 
6. Commissioner’s fee.......... 
6. Commissioner’s fee.......... 

7. Service of process..............  
7. Service of process..............  

Total 

Total 

Stamp for power ......  

Do. for petition  .......  

    Pleader’s fee ......... 

Subsistence for witnesses 

Service of process ...  

Commissioner’s  .....  

Total 

1[No. 3 

PRELIMINARY DECREE FOR FORECLOSURE 

(Order XXXIV, rule 2.—Where accounts are directed to be taken.) 

(Title) 

This suit coming on this................................. day,  etc.;  It  is  hereby  ordered  and  decreed  that  it  be 

referred to...................... as the Commissioner to take the accounts following:— 

(i)  an  account  of  what  is  due  on  this  date  to  the  plaintiff  for  principal  and  interest  on  his 
mortgage mentioned in the plaint (such interest to be computed at the rate payable on the principal 
or  where  no  such  rate  is  fixed,  at  six  per  cent.  per  annum  or  at  such  rate  as  the  Court  deems 
reasonable); 

(ii) an account of the income of the mortgaged property received up to this date by the plaintiff or 
by any other person by the order or for the use of the plaintiff or which without the wilful default of 
the plaintiff or such person might have been so received; 

(iii) an account of all sums of money properly incurred by the plaintiff up to this date for costs, 
charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together 
with interest thereon (such interest to be computed at the rate agreed between the parties, or, failing 
such rate, at the same rate as is payable on the principal, or, failing both such rates, at nine per cent. 
per annum); 

(iv) an account of any loss or damage caused to the mortgaged property before this date by any 
act or omission of the plaintiff which is destructive of, or permanently injurious to, the property or by 
his failure to perform any of the duties imposed upon him by any law for the time being in force or by 
the terms of the mortgage-deed. 

2. And it is hereby further ordered and decreed that any amount received under clause (ii) or adjudged 
due under clause (iv) above, together with interest thereon, shall first be adjusted against any sums paid 
by the plaintiff under clause (iii) together with interest thereon, and the balance, if any, shall be added to 
the  mortgage-money  or,  as  the  case  may  be,  debited in  reduction of  the  amount  due  to the  plaintiff  on 

1. Subs. by Act 21 of 1929, s. 8 and Sch., for the original forms 3 to 11. 

271 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
 
account  of  interest  on  the  principal  sum  adjudged  due,  and  thereafter  in  reduction  or  discharge  of  the 
principal. 

all 

convenient 

3. And it is hereby further ordered that the said Commissioner shall present the account to this Court 
with 
before 
the..............................................................day of...........  and  that  upon  such  report  of  the  Commissioner 
being received, it shall be confirmed and countersigned, subject to such modification as may be necessary 
after consideration of such objections as the parties to the suit may make. 

after  making 

allowances 

despatch 

just 

all 

on 

or 

4. And it is hereby further ordered and decreed—  

(i) that the defendant do pay into Court on or before the.................................  day  of..............................., 
or any later date up to which time for payment may be extended by the Court, such sum as the Court shall 
fined due, and the sum of Rs....................... for the costs of the suit awarded to the plaintiff. 

(ii)  that, on such payment and on payment thereafter before such date as the Court may fix of such 
amount  as  the  Court  may  adjudge  due  in  respect  of  such  costs  of  the  suit  and  such  costs,  charges  and 
expenses as may be payable under rule 10, together with such subsequent interest as may be payable under 
rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff shall 
bring into Court all documents in his possession or power relating to the mortgaged property in the plaint 
mentioned,  and  all  such  documents  shall  be  delivered  over  to  the  defendant,  or  to  such  person  as  he 
appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the said 
mortgage and clear of and from all incumbrances created by the plaintiff-or any person claiming under him 
or any person under whom he claims and free from all liability whatsoever or arising from the mortgage or 
this suit and shall, if so required, deliver up to the defendant quiet and peaceable possession of the said 
property. 

5. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff 
shall  be  at  liberty  to  apply  to  the  Court  for  a  final  decree  that  the  defendant  shall  thenceforth  stand 
absolutely debarred and foreclosed of and from all right to redeem the mortgaged property described in 
the  schedule  annexed  hereto  and  shall,  if  so  required,  deliver  up  to  the  plaintiff  quiet  and  peaceable 
possession of the said property; and that the parties shall be at liberty to apply to the Court from time to 
time as they may have occasion, and on such application or otherwise the Court may give such directions 
as it thinks fit. 

Schedule  
Description of the mortgaged property]  
1[No. 3A 
PRELIMINARY DECREE FOR FORECLOSURE  
(Order XXXIV, rule 2.—Where the Court declares the amount due.)  
(Title) 

This suit coming on this................................ day, etc.; It is hereby declared that the amount due to the 
plaintiff on his mortgage mentioned in the plaint calculated up to this .................................................day 
of...................... is the sum of Rs.........................  for principal, the sum of Rs....................  for  interest  on 
the said principal, the sum of Rs. ........................ for costs, charges  and  expenses  (other than  the  costs  of 
the  suit)  properly  incurred  by  the  plaintiff  in  respect  of  the  mortgage-security,  together  with  interest 
thereon, and the sum of Rs........  for  the  costs  of  this  suit  awarded  to  the  plaintiff,  making  in  all  sum  of 
Rs............ 

2. And it is hereby ordered and decreed as follows:— 

(i)  that  the  defendant  do  pay  into  Court  on  or  before  the....................................day  of............or 
any  later  date  up  to  which  time  for  payment  may  be  extended  by  the  Court  of  the  said  sum  of 
Rs...................., 

1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11. 

272 

 
                                                      
(ii) that, on such payment and on payment thereafter before such date as the Court may fix of such 
amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and 
expenses as may be payable under rule 10, together with such subsequent interest as may be payable 
under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908 (5 of 1908),  
the plaintiff shall bring into Court all documents in his possession or power relating to the mortgaged 
property in the plaint mentioned, and all such documents shall be delivered over to the defendant, or to 
such  person  as  he  appoints,  and  the  plaintiff  shall,  if  so  required,  re-convey  or  re-transfer  the  said 
property free from the said mortgage and clear of and from all incumbrances created by the plaintiff or 
any  person  claiming  under  him  or  any  person  under  whom  he  claims  and  free  from  all  liability 
whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to the defendant 
quiet and peaceable possession of the said property. 
3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff 
may apply to the Court for a final decree that the defendant shall thenceforth stand absolutely debarred 
and foreclosed of and from all right to redeem the mortgaged property described in the Schedule annexed 
hereto  and  shall,  if  so  required,  deliver  up  to  the  plaintiff  quiet  and  peaceable  possession  of  the  said 
property; and that the parties shall be at liberty to apply to the Court from time to time as they may have 
occasion, and on such application or otherwise the Court may give such directions as it thinks fit. 

Schedule 
Description of the mortgaged property] 
1[No. 4 
FINAL DECREE FOR FORECLOSURE 
(Order XXXIV, rule 3.) 
(Title) 

Upon  reading  the  preliminary  decree  passed  in  this  suit  on  the………  day  of................................... 
and  further  orders  (if  any)  dated  the…………..day  of…………......and  the  application  of  the  plaintiff 
dated  the……………day  of…………..........for  a  final  decree  and  after  hearing  the  parties  and  it 
appearing that the payment directed by the said decree and orders has not been made by the defendant or 
any person on his behalf or any other person entitled to redeem the said mortgage. 

It is hereby ordered and decreed that the defendant and all persons claiming through or under him be 
and they are hereby absolutely debarred and foreclosed of and from all right of redemption of and in the 
property  in the aforesaid  preliminary  decree  mentioned;  *[and  (if the  defendant  be  in possession of the 
said mortgaged property) that the defendant shall deliver to the plaintiff quiet and peaceable possession 
of the said mortgaged property]. 

2. And it is hereby further declared that the whole of the liability whatsoever of the defendant up to 
this day arising from the said mortgage mentioned in the plaint or from this suit is hereby discharged and 
extinguished. 

Schedule 
(Description of the Mortgage Property).] 

1[No. 5 
PRELIMINARY DECREE FOR SALE 
(Order XXXIV, rule 4.—Where accounts are directed to be taken.) 
(Title) 

This  suit  coming  on  this....................................day,  etc;  It  is  hereby  ordered  and  decreed  that  it  be 

referred to....................as the Commissioner to take the accounts following:— 

(i) an account of what is due on this date to the plaintiff for principal and interest on his mortgage  
mentioned in the plaint (such interest to be computed at the rate payable on the principal or where no such 
rate is fixed, at six per cent. per annum or at such rate as the Court deems reasonable); 

(ii) an account of the income of the mortgaged property received up to this date by the plaintiff or by 
any  other  person  by  the  order  or  for  the  use  of  the  plaintiff  or  which  without  the  wilful  default  of  the 
plaintiff or such person might have been so received; 

1. Subs. by Act 21 of 1929, s. 8 and the Sch., for  Forms 3 to 11. 
* Words not required to be deleted. 

273 

                                                      
(iii)  an  account  of  all  sums  of  money  properly  incurred  by  the  plaintiff  up  to  this  date  for  costs, 
charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together with 
interest thereon (such interest to be computed at the rate agreed between the parties, or, failing such rate, 
at the same rate as is payable on the principal, or, failing both such rates, at nine per cent. per annum); 

(iv) an account of any loss or damage caused to the mortgaged property before this date by any 
act or omission of the plaintiff which is destructive of, or permanently injurious to, the property or by 
his failure to perform any of the duties imposed upon him by any law for the time being in force or by 
the terms of the mortgage-deed. 
2. And it is hereby further ordered and decreed that any amount received under clause (ii) or adjudged 
due under clause (iv) above, together with interest thereon, shall first be adjusted against any sums paid by 
the plaintiff under clause (iii), together with interest thereon, and the balance, if any, shall be added to the 
mortgage-money  or,  as  the  case  may  be,  be  debited  in  reduction  of  the  amount  due  to  the  plaintiff  on 
account  of  interest  on  the  principal  sum  adjudged  due  and  thereafter  in  reduction  or  discharge  of  the 
principal. 

3. And it is hereby further ordered that the said Commissioner shall present the account to this Court 
with all convenient despatch after making all just allowances on or before the...............day of.........., and  
that  upon  such  report  of  the  Commissioner  being  received,  it  shall  be  confirmed  and  countersigned, 
subject to such modification as may be necessary after consideration of such objections as the parties to 
the suit may make. 

4. And it is hereby further ordered and decreed—  

(i) 

the 

that 

defendant 

the...............day 
of..................................................or any later date up to which time for payment may be extended by the 
Court, such sum as the Court shall find due and the sum of Rs.............. for the costs of the suit awarded 
to the plaintiff; 

into  Court 

before 

pay 

do 

on 

or 

(ii) that on such payment and on payment thereafter before such date as the Court may fix of such 
amount as the Court may adjudge due in respect of such costs of the suit, and such costs, charges and 
expenses  as  may  be  payable  under  rule  10,  together  with  such  subsequent  interest  as  may  be  payable 
under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff 
shall bring into Court all documents in his possession or power relating to the mortgaged property in the 
plaint mentioned, and all such documents shall be delivered over to the defendant, or to such person as he 
appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the 
mortgage and clear of and from all incumbrances created by the plaintiff or any person claiming under 
him or any person under whom he claims and shall, if so required, deliver up to the defendant quite and 
peaceable possession of the said property. 
5. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff may 
apply to the Court for a final decree for the sale of the mortgaged property; and on such application being 
made the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the purposes of 
such  sale  the  plaintiff  shall  produce  before  the  Court,  or  such  officer  as  it  appoints,  all  documents  in  his 
possession or power relating to the mortgaged property. 

6. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into 
Court  and  shall  be  duly  applied  (after  deduction  therefrom  of  the  expenses  of  the  sale)  in  payment  of  the 
amount payable to the plaintiff under this decree and under any further orders that may be passed in this suit 
and in payment of any amount which the Court may adjudge due to the plaintiff in respect of such costs of the 
suit, and such costs, charges and expenses as may be payable under rule 10, together with such subsequent 
interest  as  may  be  payable  under  rule  11,  of  Order  XXXIV  of  the  First  Schedule  to  the  Code  of  Civil 
Procedure,  1908,  and  that  the  balance,  if  any,  shall  be  paid  to  the  defendant  or  other  persons  entitled  to 
receive the same. 

7. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be 
sufficient  or  payment  in  full  of  the  amount  payable  to  the  plaintiff  as  aforesaid,  the  plaintiff  shall  be  at 
liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law 
for  the  time  being  in  force)  to  apply  for  a  personal  decree  against  the  defendant  for  the  amount  of  the 
balance;  and  that  the  parties  are  at  liberty  to  apply  to  the  Court  from  time  to  time  as  they  may  have 
occasion, and on such application or otherwise the Court may give such directions as it thinks fit. 

Schedule  
Description of the mortgaged property.] 

274 

1[No. 5A 
PRELIMINARY DECREE FOR SALE 
(Order XXXIV, rule 4.—When the Court declares the amount due.)  
(Title) 

This suit coming on this...................day, etc.; It is hereby declared that the amount due to the plaintiff 
on the mortgage mentioned in the plaint calculated up to this.................... day of.........................is the sum 
of Rs................. for principal, the sum of Rs..............................for interest on the said principal, the sum of 
Rs........ for costs, charges and expenses (other than the costs of the suit) properly incurred by the plaintiff 
in 
sum  of 
together  with 
Rs..............................for the costs of the suit awarded to the plaintiff, making in all the sum of Rs ............ 

the  mortgage-security, 

thereon,  and 

respect  of 

interest 

the 

2. And it is hereby ordered and decreed as follows:— 

(i) that the defendant do pay into Court on or before the............... day of............................ or  any 

later date up to which time for payment may be extended by the Court, the said sum of Rs..............; 

(ii) that on such payment and on payment thereafter before such date as the Court may fix of such 
amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and 
expenses as may be payable under rule 10, together with such subsequent interest as may be payable 
under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff 
shall bring into Court all documents in his possession or power relating to the mortgaged property in the 
plaint mentioned, and all such documents shall be delivered over to the defendant, or to such person as 
he appoints, and the plaintiff shall, if so required, re-convey or re-transfer the said property free from the 
said mortgage and clear of and from all incumbrances created by the plaintiff or any person claiming 
under him or any person under whom he claims and shall, if so required, deliver up to the defendant 
quite and peaceable possession of the said property. 
3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the plaintiff 
may apply to the Court for a final decree for the sale of the mortgaged property; and on such application 
being made, the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the 
purposes  of  such  sale  the  plaintiff  shall  produce  before  the  Court  or  such  officer  as  it  appoints  all 
documents in his possession or power relating to the mortgaged property. 

4. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into 
Court and shall be duly applied (after deduction herefrom of the expenses of the sale) in payment of the 
amount payable to the plaintiff under this decree and under any further orders that may be passed in this 
suit and in payment of any amount which the Court may adjudge due to the plaintiff in respect of such 
costs  of the suit, and such costs,  charges  and  expenses  as  may  be  payable under  rule  10,  together  with 
such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the 
Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to the defendant or other persons 
entitled to receive the same. 

5. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be 
sufficient or payment in full of the amount payable to the plaintiff as aforesaid, the plaintiff shall be at 
liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law 
for  the  time  being  in  force)  to  apply  for  a  personal  decree  against  the  defendant  for  the  amount  of  the 
balance;  and  that  the  parties  are  at  liberty  to  apply  to  the  Court  from  time  to  time  as  they  may  have 
occasion, and on such application or otherwise the Court may give such directions as it thinks fit. 

Schedule 
Description of the mortgaged property.] 

1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Form 3 to 11.  

275 

 
 
 
 
                                                      
1[No. 6 

FINAL DECREE FOR SALE 

(Order XXXIV, rule 5.) 

(Title)  

Upon reading the preliminary decree passed in this suit on the.........day of.............. and further orders 
(if  any)  dated  the  ........  day  of........  and  the  application  of  the  plaintiff  dated  the........day........  of          

for  a  final  decree  and  after  hearing  the  parties  and  it  appearing  that  the  payment  directed  by  the  said 
decree and orders has not been made by the defendant or any person on his behalf or any other person 
entitled to redeem the mortgage. 

It  is  hereby  ordered  and  decreed  that  the  mortgaged  property  in  the  aforesaid  preliminary  decree 
mentioned  or  a  sufficient  part  thereof  be  sold  and  that  for  the  purposes  of  such  sale  the  plaintiff  shall 
produce before the Court or such officer as it appoints all documents in his possession or power relating 
to the mortgaged property. 

2. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into 
the Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of 
the amount payable to the plaintiff under the aforesaid preliminary decree and under any further orders 
that may have been passed in this suit and in payment of any amount which the Court may have adjudged 
due to the plaintiff for such costs of the suit including the costs of this application and such costs, charges 
and expenses as may be payable under rule 10, together with such subsequent interest as may be payable 
under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the 
balance, if any, shall be paid to the defendant or other persons entitled to receive the same.] 

1[No. 7 
PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE 
FOR FORECLOSURE IS PASSED 
(Order XXXIV, rule 7.—Where accounts are directed to be taken.) 

(Title) 

This suit coming on this.........  day,  etc.;  It  is  hereby  ordered  and  decreed  that  it  be  referred 

to............ as the Commissioner to take the account following:— 

(i)  an  account  of  what  is  due  on  this  date  to  the  defendant  for  principal  and  interest  on  the 
mortgage mentioned in the plaint (such interest to be computed at the rate payable on the principal or 
where no such rate is fixed, at six per cent. per annum or at such rate as the Court deems reasonable); 
(ii) an account of the income of the mortgaged property received up to this date by the defendant 
or by any other person by order or for the use of the defendant or which without the wilful default of 
the defendant or such person might have been so received; 

(iii) an account of all sums of money property incurred by the defendant up to this date for costs, 
charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together with 
interest thereon (such interest to be computed at the rate agreed between the parties, or failing such rate, 
at the same rate as is payable on the principal, or, failing both such rates, at nine per cent. per annum); 

(iv) an account of any loss or damage caused to the mortgaged property before this date by any 
act or omission of the defendant which is destructive of, or permanently injurious to, the property or 
by his failure to perform any of the duties imposed upon him by any law for the time being in force or 
by the terms of the mortgage-deed. 
2. It is hereby further ordered and decreed that any amount received under clause (ii) or adjudged due 
under  clause  (iv)  above  together  with  interest  thereon,  shall  be  adjusted  against  any  sums  paid  by  the 
defendant  under  clause  (iii)  together  with  interest  thereon,  and  the  balance,  if  any,  shall  be  added  to  the 
mortgage-money  or,  as  the  case  may  be,  be  debited  in  reduction  of  the  amount  due  to  the  defendant  on 

1. Subs. by Act 21 of 1929, s. 9 and the Sch., for Forms 3 to 11.  

276 

                                                      
account  of  interest  on  the  principal  sum  adjudged  due  and  thereafter  in  reduction  or  discharge  of  the 
principal. 

3. And it is hereby further ordered that the said Commissioner shall present the account to this Court    

with all convenient despatch after making all just allowances on or before the..………………………day 
of…………………, and that upon such report of the Commissioner being received, it shall be confirmed 
and  countersigned,  subject  to  such  modification  as  may  be  necessary  after  consideration  of  such 
objections as the parties to the suit may make. 

4. And it is hereby further ordered and decreed—  

(i) that the plaintiff do pay into Court on or before the ......... day of  ........., or any later date up to 
which time for payment may be extended by the Court, such sum as the Court shall find due and the 
sum of Rs.  ......... for the costs of the suit awarded to the defendant; 

(ii) that, on such payment, and on payment thereafter before such date as the Court may fix of such 
amount as the Court may adjudge due in respect of such costs of the suit, and such costs, charges and 
expenses as may be payable under rule 10, together with such subsequent interest as may be payable 
under  rule  11,  of  Order  XXXIV  of  the  First  Schedule  to  the  Code  of  Civil  Procedure,  1908,  the 
defendant  shall  bring  into  Court  all  documents  in  his  possession  or  power  relating  to  the  mortgaged 
property, in the plaint mentioned, and all such documents shall be delivered over to the plaintiff, or to 
such  person  as  he  appoints,  and  the  defendant  shall,  if  so  required,  re-convey  or  re-transfer  the  said 
property free from the said mortgage and clear of and from all in-cumbrances created by the defendant 
or  any  person  claiming  under  him  or  any  person  under  whom  he  claims  and  free  from  all  liability 
whatsoever  arising  from  the  mortgage  or  this  suit and  shall, if  so required,  deliver  up  to the  plaintiff 
quiet and peaceable possession of the said property. 

5. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant 
shall be at liberty to apply to the Court for a final decree that the plaintiff shall thenceforth stand absolutely 
debarred and foreclosed of and from all right to redeem the mortgaged property described in the Schedule 
annexed hereto and shall, if so required, deliver up to the defendant quiet and peaceable possession of the 
said property; and that the parties shall be at liberty to apply to the Court from time to time as they may 
have occasion, and on such application or otherwise the Court may give such directions as it thinks fit. 

Schedule 
Description of the mortgaged property] 

1[No. 7A 
PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR 

DECREE A DECREE FOR SALE IS PASSED 

(Order XXXIV, rule 7.—Where accounts are directed to be taken.) 
(Title) 
This suit coming on this .........day, etc.; It is hereby ordered and decreed that it be referred to ……. as 

the Commissioner to take the accounts following :— 

(i)  an  account  of  what  is  due  on  this  date  to  the  defendant  for  principal  and  interest  on  the 
mortgage mentioned in the plaint (such interest to be computed at the rate payable on the principal or 
where no such rate is fixed, at six per cent. per annum or at such rate as the Court deems reasonable); 

(ii) an account of the income of the mortgaged property received up to this date by the defendant 
or by any other person by the order or for the use of the defendant or which without the wilful default 
of the defendant or such person might have been so received; 

(iii) an account of all sums of money property incurred by the defendant up to this date for costs, 
charges and expenses (other than the costs of the suit) in respect of the mortgage-security, together with 
interest thereon (such interest to be computed at the rate agreed between the parties, or failing such rate, 
at the same rate as is payable on the principal, or, failing both such rates, at nine per cent. per annum); 

1. Subs. by Act 21 of 1929, s. 8 and the Sch., for Forms 3 to 11.  

277 

                                                      
(iv) an account of any loss or damage caused to the mortgaged property before this date by any 
act or omission of the defendant which is destructive of, or permanently injurious to, the property or 
by his failure to perform any of the duties imposed upon him by any law for the time being in force or 
by the terms of the mortgage-deed. 
2. And it is hereby further ordered and decreed that any amount received under clause (ii) or adjudged 
due under clause (iv) above, together with interest thereon, shall first be adjusted against any sums paid 
by the defendant under clause (iii) together with interest thereon, and the balance, if any, shall be added to 
the mortgage-money, or, as the case may be, be debited in reduction of the amount due to the defendant 
on account of interest on the principal sum adjudged due and thereafter in reduction or discharge of the 
principal. 

3. And it is hereby further ordered that the said Commissioner shall present the account to this Court 
with  all  convenient  despatch  after  making  all  just  allowances  on  or  before  the  ……………  day 
of……………. , and that, upon such report of the Commissioner being received, it shall be confirmed and 
countersigned, subject to such modification as may be necessary after consideration of such objections as 
the parties to the suit may make. 

4. And it is hereby further ordered and decreed—  

(i) that the plaintiff do pay into Court on or before the ………………. day of ………….. or any 
later date up to which time for payment may be extended by the Court, such sum as the Court shall 
find due and the sum of Rs. ………………… for the costs of the suit awarded to the defendant; 

(ii) that, or such payment and on payment thereafter before such date as the Court may fix of such 
amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and 
expenses as may be payable under rule 10, together with such subsequent interest as may be payable 
under  rule  11,  of  Order  XXXIV  of  the  First  Schedule  to  the  Code  of  Civil  Procedure,  1908,  the 
defendant shall bring into Court all documents in his possession or power relating to the mortgaged 
property in the plaint mentioned, and all such documents shall be delivered over to the plaintiff, or to 
such person as he appoints, and the defendant shall, if so required, re-convey or re-transfer the said 
property free from the said mortgage and clear of and from all incumbrances created by the defendant 
or  any  person  claiming  under  him  or  any  person  under  whom  the  claims  and  shall,  if  so  required, 
deliver up to the plaintiff quiet and peaceable possession of the said property. 

5. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant 
may apply to the Court for a final decree for the sale of the mortgaged property; and on such application 
being made, the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the 
purposes  of  such  sale  the  defendant  shall  produce  before  the  Court  or  such  officer  as  it  appoints,  all 
documents in his possession of power relating to the mortgaged property. 

6. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into 
Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the 
amount payable to the defendant under this decree and under any further orders that may be passed in his 
suit and in payment of any amount which the Court may adjudge due to the defendant in respect of such 
costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such 
subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code 
of  Civil  Procedure,  1908,  and  that  the  balance,  if  any,  shall  be  paid  to  the  plaintiff  or  other  persons 
entitled to receive the same. 

7. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be 
sufficient for payment in full of the amount payable to the defendant as aforesaid, the defendant shall be 
at liberty (where such remedy is open to him under the terms of his mortgage and is not barred by any law 
for  the  time  being  in  force)  to  apply  for  a  personal  decree  against  the  plaintiff  for  the  amount  of  the 
balance; and the parties are at liberty to apply to the Court from time to time as they may have occasion, 
and on such application or otherwise the Court may give such directions as it thinks fit. 

Schedule  

(Description of the mortgaged property).]

278 

1[No. 7B 
PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE 
FOR FORECLOSURE IS PASSED 

(Order XXXIV, rule 7.—Where the Court declares the amount due.) 

(Title) 

This  suit  coming  on  this  …….…….  day,  etc.;  It  is  hereby  declared  that  the  amount  due  to  the 
defendant  on  the  mortgage  mentioned  in the  plaint  calculated  up to  this  …….. day  of  ………… is  the 
sum of Rs. …….…… for principal, the sum of Rs. ………… for interest on the said principal, the sum of 
Rs. ………... for costs, charges and expenses (other than the costs of the suit) properly incurred by the 
defendant in respect of the mortgage-security together with interest thereon, and the sum of Rs. …...……. 
for the costs of the suit awarded to the defendant, making in all the sum of Rs. …………… 

2. And it is hereby ordered and decreed as follows:—  

(i) that the plaintiff do pay into Court on or before the.………….. day of …………. or any later 

date up to which time for payment may be extended by the Court the said sum of Rs. ……………  

(ii)  that,  on  such  payment  and  on  payment  thereafter  before  such  date  as  the  Court  may  fix  of 
such amount as the Court may adjudge due in respect of such cost of the suit and such costs, charges 
and  expenses  as  may  be  payable  under  rule  10,  together  with  such  subsequent  interest  as  may  be 
payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, 
the  defendant  shall  bring  into  Court  all  documents  in  his  possession  or  power  relating  to  the 
mortgaged  property  in  the  plaint  mentioned,  and  all  such  documents  shall  be  delivered  over  to  the 
plaintiff,  or  to  such  person  as  he  appoints,  and  the  defendant  shall,  if  so  required,  re-convey  or         
re-transfer  the  said  property  free  from  the  said  mortgage  and  clear  of  and  from  all  incumbrances 
created by the defendant or any person claiming under him or any person under whom he claims, and 
free  from  all  liability  whatsoever  arising  from  the  mortgage  or  this  suit  and  shall,  if  so  required, 
deliver up to the plaintiff quiet and peaceable possession of the said property. 

3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant 
may apply to the Court for a final decree that the plaintiff shall thenceforth stand absolutely debarred and 
foreclosed  of  and  from  all  right  to  redeem  the  mortgaged  property  described  in  the  Schedule  annexed 
hereto  and  shall,  if  so  required,  deliver  up  to  the  defendant  quiet  and  peaceable  possession  of  the  said 
property; and that the parties shall be at liberty to apply to the Court from time to time as they may have 
occasion, and on such application or otherwise the Court may give such directions as it thinks fit. 

Schedule 

Description of the mortgaged property] 
1[No. 7C 
PRELIMINARY DECREE FOR REDEMPTION WHERE ON DEFAULT OF PAYMENT BY MORTGAGOR A DECREE 
FOR SALE IS PASSED 

(Order XXXIV, rule 7.—Where the Court declares the amount due.) 

(Title) 

This  suit  coming  on  this  ……………  day,  etc.;  It  is  hereby  declared  that  the  amount  due  to  the 
defendant on the mortgage mentioned in the plaint calculated up to this ………… day of ……….. is the 
sum of Rs. ………….. for principal, the sum of Rs. ………... for interest on the said principal, the sum of 
Rs. ………….. for costs, charges and expenses (other than the costs of the suit) properly incurred by the 
defendant in respect of mortgage-security together with interest thereon, and the sum of Rs. ………… for 
the cost of this suit awarded to the defendant, making in all the sum of Rs. …………… 

2. And it is hereby ordered and decreed as follows:— 

(i) that the plaintiff do pay into Court on or before the ………… day of …………… or any later 
date up to which time for payment may he extended by the Court the said sum of Rs. …………… ;

1. Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11.  

279 

  
                                                      
(ii) that, on such payment and on payment thereafter before such date as the Court may fix of such 
amount  as  the  Court  may  adjudge  due  in  respect  of  such  costs  of  the  suit  and  such  costs,  charges  and 
expenses  as  may  be  payable  under  rule  10,  together  with  such  subsequent  interest  as  may  be  payable 
under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the defendant 
shall bring into Court all documents in his possession or power relating to the mortgaged property in the 
plaint  mentioned,  and  all  such  documents  shall  be  delivered  over  to  the  plaintiff  or  such  person  as  he 
appoints, and the defendant shall, if so required, re-convey or re-transfer the said property to the plaintiff 
free  from  the  said  mortgage  and  clear  of  and  from  all  incumbrances  created  by  the  defendant  or  any 
person claiming under him or any person under whom he claims and shall, if so required, deliver up to the 
plaintiff quiet and peaceable possession of the said property. 

3. And it is hereby further ordered and decreed that, in default of payment as aforesaid, the defendant 
may apply to the Court for a final decree for the sale of the mortgaged property; and on such application 
being made, the mortgaged property or a sufficient part thereof shall be directed to be sold; and for the 
purposes  of  such  sale  the  defendant  shall  produce  before  the  Court  or  such  officer  as  it  appoints  all 
documents in his possession or power relating to the mortgaged property. 

4. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into 
Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the 
amount payable to the defendant under this decree and under any further orders that may be passed in this 
suit and in payment of any amount which the Court may adjudge due to the defendant in respect of such 
costs of the suit and such costs, charges and expenses as may be payable under rule 10, together with such 
subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code 
of  Civil  Procedure,  1908,  and  that  the  balance,  if  any,  shall  be  paid  to  the  plaintiff  or  other  persons 
entitled to the same. 

5. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be 
sufficient for the payment in full of the amount payable to the defendant as aforesaid, the defendant shall 
be at liberty (where such remedy is open to him under the terms of the mortgage and is not barred by any 
law for the time being in force) to apply for a personal decree against the plaintiff for the amount of the 
balance;  and  that  the  parties  are  at  liberty  to  apply  to  the  Court  from  time  to  time  as  they  may  have 
occasion, and on such application or otherwise the Court may give such directions as it thinks fit. 

Schedule 

Description of the mortgaged property] 
1[No. 7D 
FINAL DECREE FOR FORECLOSURE IN A REDEMPTION SUIT ON DEFAULT OF PAYMENT BY MORTGAGOR  
(Order XXXIV, rule 8.) 

(Title) 

Upon  reading  the  preliminary  decree  in  this  suit  on  the  .............….  day  of  ……….….  and  further 
order (if any) dated the ………..…… day of ……………... , and the application of the defendant dated 
the ……….... day of ………..…… for a final decree and after hearing the parties, and it appearing that 
the payment as directed by the said decree and orders has not been made by the plaintiff or any person on 
his behalf or any other person entitled to redeem the mortgage. 

It is hereby ordered and decreed that the plaintiff and all persons claiming through or under him be 
and they are hereby absolutely debarred and foreclosed of and from all right of redemption of and in the 
property in the aforesaid preliminary decree mentioned *[and (if the plaintiff be in possession of the said 
mortgaged property) that the plaintiff shall deliver to the defendant quit and peaceable possession of the 
said mortgaged property]. 

2. And it is hereby further declared that the whole of the liability whatsoever of the plaintiff up to this 
day  arising  from  the  said  mortgage  mentioned  in  the  plaint  or  from  this  suit  is  hereby  discharge  and 
extinguished. 

1. Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11. 
* Words not required to be deleted. 

280 

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

1[No. 7E 

(Order XXXIV, rule 8)  
(Title) 

Upon  reading  the  preliminary  decree  in  this  suit  on  the  …………….  day  of  ………………..  and 
further  order  (if  any)  dated  the  ……………..  day  of  ………………..  ,  and  the  application  of  the 
defendant dated the ……………… day of ………………. for a final decree and after hearing the parties, 
and  it  appearing  that  the  payment  directed  by  the  said  decree  and  orders  has  not  been  made  by  the 
plaintiff or any person on his behalf or any other person entitled to redeem the mortgage; 

It  is  hereby  ordered  and  decreed  that  the  mortgaged  property  in  the  aforesaid  preliminary  decree 
mentioned or a sufficient part thereof be sold and that for the purposes of such sale the defendant shall 
produce before the Court, or such officer as it appoints, all documents in his possession or power relating 
to the mortgaged property. 

2. And it is hereby further ordered and decreed that the money realised by such sale shall be paid into 
Court and shall be duly applied (after deduction therefrom of the expenses of the sale) in payment of the 
amount payable to the defendant under the aforesaid preliminary decree and under any further orders that 
may have been passed in this suit and in payment of any amount which the Court may have adjudged due 
to the defendant for such costs of this suit including the costs of this application and such costs, charges 
and expenses as may be payable under rule l0, together with the subsequent interest as may be payable 
under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the 
balance, if any, shall be paid to the plaintiff or other persons entitled to receive the same.] 

1[No. 7F 

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

(Order XXXIV, rule 3, 5 and 8)  
(Title) 

This suit coming on this ................................. day for further consideration and it appearing that on 
the  ……………..  day  of  ………………..  the  mortgagor  or  ……………..  ,  the  same  being  a  person 
entitled  to  redeem,  has  paid  into  Court  all  amounts  due  to  the  mortgagee  under  the  preliminary  decree 
dated the …………………. day of ……………….. ; It is hereby ordered and decreed that:—  

(i) the mortgagee do execute a deed of re-conveyance of the property in the aforesaid preliminary 
decree  mentioned  in  favour  of  the  mortgagor  *[or,  as  the  case  may  be,  ………………..  who  has 
redeemed the property] or an acknowledgement of the payment of the amount due in his favour; 

(ii) the mortgagee do bring into Court all documents in his possession and power relating to the 

mortgaged property in the suit. 

2.  And  it  is  hereby  further  ordered  and  decreed  that  upon  the  mortgagee  executing  the  deed  of  re-

conveyance or acknowledgement in the manner aforesaid,— 

(i) the said sum of Rs. ……………… be paid out of Court to the mortgagee; 

(ii)  the  said  deeds  and  documents  brought  into  the  Court  be  delivered  out  of  Court  to  the 
mortgagor *[or the person making the payment] and the mortgagee do, when so required, concur in 
registering,  at  the  cost  of  the  mortgagor  *[or  other  person  making  the  payment],  the  said  deed  of         
re-conveyance or the acknowledgement in the office of the Sub-Registrar of ……………….; and 

(iii)  *[if  the  mortgagee,  plaintiff  or  defendant,  as  the  case  may  be,  is  in  possession  of  the 
mortgaged property] that the mortgagee do forthwith deliver possession of the mortgaged property in 

1. Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11. 
* Words not required to be deleted. 

281 

 
                                                      
the aforesaid preliminary decree mentioned to the mortgagor *[or such person as aforesaid who has 
made the payment]. 

1[No. 8  
DECREE AGAINST MORTGAGOR PERSONALLY FOR BALANCE AFTER THE SALE OF THE MORTGAGED 
PROPERTY  
(Order XXXIV, rules 6 and 8A)  
(Title) 

Upon  reading  the  application  of the  mortgagee  (the  plaintiff  or  defendant,  as the  case  may  be)  and 
reading the final decree passed in the suit on the .................... day of ......................... and the Court being 
satisfied that the net proceeds of the sale held under the aforesaid final decree amounted to Rs. ………….  
and have been paid to the applicant out of the Court on the ………………... day of ……………….. and 
that the balance now due to him under the aforesaid decree is Rs. ………… ; 

And  whereas  it  appears  to  the  Court  that  the  said  sum  is  legally  recoverable  from  the  mortgagor 

(plaintiff or defendant, as the case may be) personally; 
It is hereby ordered and decreed as follows:—  

That the mortgagor (plaintiff or defendant, as the case may be) do pay to the mortgagee (defendant or 
plaintiff, as the case may be) the said sum of Rs. …………. with further interest at the rate of six per cent. 
per annum from the ………………… day of ……………….. (the date of payment out of Court referred 
to above) up to the date of realisation of the said sum, and the costs of this application.] 

1[No. 9 

PRELIMINARY DECREE FOR FORECLOSURE OF SALE 

[Plaintiff  

. 

Defendant No. 1  . 

Defendant No. 2   . 

. 

. 

. 

. 

. 

. 

. 

. 

. 

. 

. 

. 

vs 

. 

. 

. 

. 

. 

. 

. 

. 

. 

. 

. 

. 

. 

. 

. 

. 

1st Mortgagee, 

. 

. 

 Mortgagor, 

2nd Mortgagee.] 

(Order XXXIV, rules 2 and 4)  
(Title) 

The  suit  coming  on  this  …………….  day,  etc;  It  is  hereby  declared  that  the  amount  due  to  the 
plaintiff on the mortgage mentioned in the plaint calculated up to this day of ……………… is the sum of 
Rs. ………………….. for principal, the sum of Rs. …………………. for interest on the said principal, 
the sum of Rs. ……………… for costs, charges and expenses (other than the costs of the suit) incurred 
by the plaintiff in respect of the mortgage-security with interest thereon and sum of Rs. …………… for 
the costs of this suit awarded to the plaintiff, making in all the sum of Rs. …………….. . 

(Similar declarations to be introduced with regard to the amount due to defendant No. 2 in respect 

of his mortgage if the mortgage-money due thereunder has become payable at the date of the suit.) 

2. It is further declared that the plaintiff is entitled to payment of the amount due to him in priority to 
defendant  No.  2  *[or  (if  there  are  several  subsequent  mortgagees)  that  the  several  parties  hereto  are 
entitled in the following order to the payment of the sums due to them respectively:—]. 

3. And it is hereby ordered and decreed as follows:—  

(i) (a) that defendants or one of them do pay into Court on or before the ………................... day   

of ……..…….. or any later date up to which time for payment has been extended by the Court the 
said sum of Rs. …………….. due to the plaintiff; and 

1. Subs. by Act 21 of 1929, s. 8 and Sch., for Forms 3 to 11. 
* Words not required to be deleted. 

282 

 
 
                                                      
(b) that defendant No. 1 do pay into Court on or before the day of ……………………. or any later 
date up to which time for payment has been extended by the Court the said sum of Rs. …………… due 
to defendant No. 2; and 

(ii) that, on payment of the sum declared to be due to the plaintiff by defendants or either of them in 
the manner prescribed in clause (i) (a) and on payment thereafter before such date as the Court may fix of 
such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges and 
expenses  as  may  be  payable  under  rule  10,  together  with  such  subsequent  interest  as  may  be  payable 
under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908, the plaintiff 
shall bring into Court all documents in his possession or power relating to the mortgaged property in the 
plaint mentioned, and all such documents shall be delivered over to the defendant No………. (who has 
made the payment), or to such person as he appoints, and the plaintiff shall, if so required, re-convey or   
re-transfer the said property free from the said mortgage and clear of and from all incumbrances created 
by  the  plaintiff  or  any  person  claiming  under  him  or  any  person  under  whom  he  claims,  and  also  free 
from all liability whatsoever arising from the mortgage or this suit and shall, if so required, deliver up to 
the  defendant  No………  (who  has  made  the  payment)  quiet  and  peaceable  possession  of  the  said 
property. 

(Similar declarations to be introduced, if defendant No.  1 pays the amount found or declared to be 
due  to  defendant  No.  2  with  such  variations  as  may  be  necessary  having  regard  to  the  nature  of  his 
mortgage). 

4. And it is hereby further ordered and decreed that, in default of payment as aforesaid of the amount 

due to the plaintiff, the plaintiff shall be at liberty to apply to the Court for a final decree—  

(i)  *[in  the  case  of  a  mortgage  by  conditional  sale  or  an  anomalous  mortgage  where  the  only 
remedy provided for in the mortgage-deed is foreclosure and not sale] that the defendants jointly and 
severally shall thenceforth stand absolutely debarred and foreclosed of and from all right to redeem 
the mortgaged property described in the Schedule annexed hereto and shall, if so required, deliver to 
the plaintiff quiet and peaceable possession of the said property; or 

(ii) *[in the case of any other mortgage] that the mortgaged property or a sufficient part thereof 
shall be sold; and that for the purposes of such sale the plaintiff shall produce before Court or such 
officer  as it  appoints,  all documents in  his  possession  or  power  relating  to  the mortgaged  property; 
and 

(iii) *[in the case where a sale is ordered under clause 4 (ii) above] that the money realised by 
such sale shall be paid into Court and be duly applied (after deduction therefrom of the expenses of 
the sale) in payment of the amount payable to the plaintiff under this decree and under any further 
orders  that  may  have  been  passed  in  this  suit  and  in  payment  of  the  amount  which  the  Court  may 
adjudge due to the plaintiff in respect of such costs of the suit and such costs, charges and expenses as 
may  be  payable  under  rule  10,  together  with  such  subsequent  interest  as  may  be  payable  under          
rule 11,  of  Order  XXXIV  of  the  First  Schedule to  the  Code  of  Civil  Procedure,  1908,  and that  the 
balance, if any,  shall  be applied  in  payment  of  the  amount  due  to  defendant  No.  2;  and  that if any 
balance be left, it shall be paid to the defendant No. 1 or other persons entitled to receive the same; 
and 

(iv)  that,  if  the  money  realised  by  such  sale  shall  not  be  sufficient  for  payment  in  full  of  the 
amounts due to the plaintiff and defendant No. 2, the plaintiff or defendant No. 2 or both of them, as 
the  case  may  be,  shall be at  liberty  (when  such remedy  is  open  under  the  terms  of  their respective 
mortgages  and  is  not  barred  by  any  law  for the  time  being  in  force)  to  apply  for  a  personal  decree 
against defendant No. 1 for the amounts remaining due to them respectively. 

* Words not required to be deleted. 

283 

 
 
 
 
 
 
 
5. And it is hereby further ordered and decreed—  

(a) that if defendant No. 2 pays into Court to the credit of this suit the amount adjudged due to the 
plaintiff, but defendant No. 1 makes default in the payment of the said amount, defendant No. 2 shall 
be at liberty to apply to the Court to keep the plaintiff's mortgage alive for his benefit and to apply for 
a final decree (in the same manner as the plaintiff might have done under clause 4 above)—  

*[(i) that defendant No. 1 shall thenceforth stand absolutely debarred and foreclosed of and 
from  all  right  to redeem  the  mortgaged  property  described  in the  Schedule  annexed  hereto and 
shall,  if  so  required,  deliver  up  to  defendant  No.  2  quiet  and  peaceable  possession  of  the  said 
property;] or  

*[(ii) that the mortgaged property or a sufficient part thereof be sold and that for the purposes 
of  such  sale  defendant  No.  2  shall  produce  before  the  Court  or  such  officer  as  it  appoints,  all 
documents in his possession or power relating to the mortgaged property;] and 

(b) (if on the application of defendant No. 2 such a final decree for foreclosure is passed), that the 
whole of the liability of defendant No. 1 arising from the plaintiff's mortgage or from the mortgage of 
defendant No. 2 or from this suit shall be deemed to have been discharged and extinguished. 

6. And it is hereby further ordered and decreed * [in the case where a sale is ordered under clause 5 

above]—  

(i) that the money realised by such sale shall be paid into Court and be duly applied (after deduction 
therefrom of the expenses of the sale) first in payment of the amount paid by defendant No. 2 in respect 
of  the  plaintiff's  mortgage  and  the  costs  of  the  suit  in  connection  therewith  and  in  payment  of  the 
amount which the Court may adjudge due in respect of subsequent interest on the said amount; and that 
the balance, if any, shall then be applied in payment of the amount adjudged due to defendant No. 2 in 
respect of his own mortgage under this decree and any further orders that may be passed and in payment 
of  the amount  which  the  Court  may  adjudge  due  in  respect  of  such  costs  of  this suit  and  such  costs, 
charges  and  expenses  as  may  be  payable  to  defendant  No.  2  under  rule  10,  together  with  such 
subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code 
of Civil Procedure, 1908, and that the balance, if any, shall be paid to defendant No. 1 or other persons 
entitled to receive the same; and 

(ii) that, if the money realised by such sale shall not be sufficient for payment in full of the amount due 
in respect of the plaintiff's mortgage or defendant No. 2’s mortgage, defendant No. 2 shall be at liberty 
(where such remedy is open to him under the terms of his mortgage and is not barred by any law for the 
time being in force) to apply for a personal decree against No. 1 for the amount of the balance. 

7.  And  it  is  hereby  further  ordered  and  decreed  that  the  parties  are  at  liberty  to  apply  to  the  Court 
from time to time as they may have occasion, and on such application or otherwise the Court may give 
such directions as it thinks fit. 

Schedule 

Description of the mortgaged property 
1[No. 10 

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

[Plaintiff 

. 

Defendant No. 1. 

Defendant No. 2 

. 

. 

. 

. 

. 

. 

. 

. 

. 

. 

. 

. 

. 

vs. 

. 

. 

. 

. 

 . 

  2nd Mortgagee, 

  Mortgagor, 

1st Mortgagee]. 

1. Subs. by Act 21 of 1929, s. 8 and Schedule, for Forms 3 to 11. 
* Words not required to be deleted. 

284 

 
 
 
                                                      
 
 (Order XXXIV, rules 2, 4, and 7) 

(Title) 

The suit coming on this ……... day, etc.; It is hereby declared that the amount due to defendant No. 2 
on the mortgage mentioned in the plaint calculated up to this ……..…. day of ………..…. is the sum of 
Rs. ………...….. for principal, the sum of Rs. ……………. for interest on the said principal, the sum of 
Rs.  …………..  for  costs,  charges  and  expenses  (other  than  the  costs  of  the  suit)  properly  incurred  by 
defendant No. 2 in respect of the mortgage-security with interest thereon and the sum of Rs. ………. for 
the costs of this suit awarded to defendant No. 2, making in all the sum of Rs. ………………. 

(Similar  declarations  to  be  introduced  with  regard  to  the  amount  due  from  defendant  No.  1  to  the 
plaintiff in respect of his mortgage if the mortgage-money due thereunder has become payable at the date 
of the suit.) 

2.  It  is  further  declared  that  defendant  No.  2  is  entitled  to  payment  of  the  amount  due  to  him  in 
priority to the plaintiff *[or ( if there are several subsequent mortgages) that the several parties hereto are 
entitled in the following order to the payment of the sums due to them respectively :—] 

3. And it is hereby ordered and decreed as follows:—  

(i) (a) that the plaintiff or defendant No. 1 or one of them do pay into Court on or before the …. 
day of ………………. or any later date up to which time for payment has extended by the Court the 
said sum of Rs. ………………. due to defendant No. 2; and 

(b) that defendant No. 1 do pay into Court on or before the ……………. day of …………….. or 
any  later  date  up  to  which  time  for  payment  has  been  extended  by  the  Court  the  said  sum  of  Rs. 
………… due ……………… to the plaintiff; and 

(ii) that, on payment of the sum declared due to defendant No. 2 by the plaintiff defendant No 1 or 
either of them in the manner prescribed in clause (i)(a) and on payment thereafter before such date as 
the Court may fix of such amount as the Court may adjudge due respect of such costs of the suit and 
such  costs,  charges  and  expenses  as  may  be  payable  under  rule  10,  together  with  such  subsequent 
interest as may be payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil 
Procedure,  1908,  defendant  No.  2  shall  bring  into  Court  all  documents  in  his  possession  or  power 
relating to the mortgaged property in the plaint mentioned and all such documents shall be delivered 
over to the plaintiff or defendant No. 1 (whoever made the payment), or to such person as he appoints, 
and defendant No. 2 shall, if so required, reconvey or re-transfer the said property free from the said 
mortgage and clear of and from all incumbrances created by defendant No. 2 or any person claiming 
under  him  or  any  person  under  whom  he  claims,  and  also  free  from  all  liability  whatsoever  arising 
from the mortgage or this suit and shall, if so required, deliver up to the plaintiff or defendant No. 1 
(whoever has made the payment) quiet and peaceable possession of the said property. 

(Similar declarations) to be introduced, if defendant No. 1 pays the amount found or declared due the 

plaintiff with such variations as may be necessary having regard to the nature of his mortgage.) 

4. And it is hereby further ordered and decreed that, in default of payment as aforesaid, of the amount 
due to defendant No. 2, defendant No. 2 shall be at liberty to apply to the Court that the suit be dismissed 
or a final decree—  

(i) *[in the case of a mortgage by conditional sale or an anomalous mortgage where the or remedy 
provided for in the mortgage-deed is foreclosure and not sale] that the plaintiff and defendant No. 1 
jointly and severally shall thenceforth stand absolutely debarred and foreclosed of and from all right to 
redeem the mortgaged property described in the Schedule annexed hereto and shall; if required, deliver 
to the defendant No. 2 quiet and peaceable possession of the said property; or 

* Words not required to be deleted. 

285 

 
 
 
(ii) *[in the case of any other mortgage] that the mortgaged property or a sufficient part thereof 
shall be sold; and that for the purposes of such sale defendant No. 2 shall produce before the Court 
such  officer  as  it  appoints,  all  documents  in  his  possession  or  power  relating  to  the  mortgaged 
property and 

(iii) *[in the case where a sale is ordered under clause 4 (ii) above] that the money realised such 
sale shall be paid into Court and be duly applied (after deduction therefrom of the expenses of sale) in 
payment of the amount payable to defendant No. 2 under the decree and any further orders that may be 
passed in this suit and in payment of the amount which the Court may adjudge due to defendant No. 2 in 
respect  of  such  costs  of  the  suit  and  such  costs,  charges  and  expenses  as  may  be  payable  to  plaintiff 
under rule 10, together with such subsequent interest as may be payable under rule 11, of Order XXXIV 
of the First Schedule to the Code of Civil Procedure, 1908; and that the balance, if any, shall applied in 
payment of the amount due to the plaintiff and that, if any balance be left, it shall be paid defendant          
No. 1 or other persons entitled to receive the same; and 

(iv) that, if the money realised by such sale shall not be sufficient for payment in full of the amounts 
due to defendant No. 2 and the plaintiff, defendant No. 2 or the plaintiff or both of them, as the case may 
be, shall be at liberty (when such remedy is open under the terms of their respective mortgages and is not 
barred by any law for the time being in force) to apply for a personal decree against defendant No. 1 for 
the amounts remaining due to them respectively. 
5. And it is hereby further ordered and decreed,—  

(a)  that,  if  the  plaintiff  pays  into  Court  to  the  credit  of  this  suit  the  amount  adjudged  due  to 
defendant No. 2 but defendant No. 1 makes default in the payment of the said amount, the plaintiff shall 
be at liberty to apply to the Court to keep defendant No. 2’s mortgage alive for his benefit and to apply 
for final decree (in the same manner as the defendant No. 2 might have done under clause 4 above)— 

*[(i) that defendant No. 1 shall thenceforth stand absolutely debarred and foreclosed of and 
from  all  right  to redeem  the  mortgaged  property  described  in the  Schedule  annexed  hereto and 
shall,  if  so  required,  deliver  up  to  the  plaintiff  quiet  and  peaceable  possession  of  the  said 
property]; or 

*[(ii) that the mortgaged property or a sufficient part thereof be sold and that for the purposes 
of  such  sale  the  plaintiff  shall  produce  before  the  Court  or  such  officer  as  it  appoints,  all 
documents in his possession or power relating to the mortgaged property;] and 
(b) (if on the application of defendant No. 2 such a final decree for foreclosure is passed), that the 
whole of the liability of defendant No. 1 arising from the plaintiff’s mortgage or from the mortgage of 
defendant No. 2 or from this suit shall be deemed to have been discharged and extinguished. 
6. And it is hereby further ordered and decreed (in the case where a sale is ordered under clause 5 

above)—  

(i)  that  the  money  realised  by  such  sale  shall  be  paid  into  Court  and  be  duly  applied  (after 
deduction therefrom of the expenses of the sale) first in payment of the amount paid by the plaintiff in 
respect of defendant No. 2’s mortgage and the cost of the suit in connection therewith and in payment 
of the amount which the Court may adjudge due in respect of subsequent interest on the said amount; 
and  that  the  balance,  if  any,  shall  then  be  applied  in  payment  of  the  amount  adjudged  due  to  the 
plaintiff in respect of his own mortgage under this decree and any further orders that may be passed 
and in payment of the amount which the Court may adjudge due in respect of such costs of the suit 
and such costs, charges and expenses as may by payable to the plaintiff under rule 10, together with 
such subsequent interest as may be payable under rule 11, of Order XXXIV of the First Schedule to 
the Code of Civil Procedure, 1908, and that the balance, if any, shall be paid to defendant No. 1 or 
other persons entitled to receive the same; and 

* Words not required to be deleted 

286 

 
 
 
 
 
 
(ii)  that,  if  the  money  realised  by  such  sale  shall  not  be  sufficient  for  payment  in  full  of  the 
amount  due  in  respect  of  defendant  No.  2’s  mortgage  or  the  plaintiff's  mortgage,  defendant  No.  2 
shall  be  at  liberty  (where  such  remedy  is  open  to  him  under  the  terms  of  his  mortgage  and  is  not 
barred by any law for the time being in force) to apply for a personal decree against defendant No. 1 
for the amount of the balance. 
7.  And  it  is  hereby  further  ordered  and  decreed  that  the  parties  are  at  liberty  to  apply  to  the  Court 
from time to time as they may have occasion, and on such application or otherwise the Court may give 
such directions as it thinks fit. 

Schedule 
Description of the mortgaged property] 
1[No. 11 
PRELIMINARY DECREE FOR SALE 
. 
. 
. 
vs. 
. 
. 

. 
. 

. 
. 

. 
. 

. 
. 

. 

. 

Plaintiff 

. 

[Defendant No. 1  
Defendant No. 2  

. 

. 
. 

Sub or derivative mortgagee 

 Mortgagor, 
 Original Mortgagee.] 

 (Order XXXIV, rule 4)  
(Title) 

This  suit  coming  on  the  ………….……..  day,  etc.;  It  is  hereby  declared  that  the  amount  due  to 
defendant No. 2 on his mortgage calculated up to this ………………… day of ……………. is the sum of 
Rs. …………..….  for principal, the sum of Rs. ……………… for interest on the said principal, the sum 
of  Rs.  ……………..  for  costs,  charges  and  expenses  (other  than  the  costs  of  the  suit)  in  respect  of  the 
mortgage-security together with interest thereon and the sum of Rs. …………… for the costs of the suit 
awarded to defendant No. 2, making in all the sum of Rs. …………… 

(Similar  declarations  to  be  introduced  with  regard  to  the  amount  due  from  defendant  No.  2  to  the 

plaintiff in respect of his mortgage.) 

2. And it is hereby ordered and decreed as follows:—  

(i) that defendant No. 1 do pay into Court on or before the said ………… day of ………… or any 
later date of up to which time for payment may be extended by the Court the said sum of Rs. ………. 
due to defendant No. 2; 

(Similar declarations to be introduced with regard to the amount due to the plaintiff, defendant No. 2 

being at liberty to pay such amount.) 

(ii)  that,  on  payment  of  the  sum  declared  due  to  defendant  No.  2  by  defendant  No.  1  in  the 
manner prescribed in clause 2 (i) and on payment thereafter before such date as the Court may fix of 
such amount as the Court may adjudge due in respect of such costs of the suit and such costs, charges 
and  expenses  as  may  be  payable  under  rule  10,  together  with  such  subsequent  interest  as  may  be 
payable under rule 11, of Order XXXIV of the First Schedule to the Code of Civil Procedure, 1908 
the  plaintiff and  defendant  No.  2  shall  bring  into  Court all  documents in their possession  or  power 
relating to the mortgaged property in the plaint mentioned, and all such documents (except such as 
relate only to the sub-mortgage) shall be delivered over to defendant No. 1, or to such person as he 
appoints, and defendant No. 2 shall, if so required, re-convey or re-transfer the property to defendant 
No. 1 free from the said mortgage clear of and from all encumbrances created by defendant No. 2 or 
any  person  claiming  under  him  or  any  person  under  whom  he  claims,  and  free  from  all  liability 

1. Subs. by Act 21 of 1929, s. 8 and Schedule, for Forms 3 to 11. 
* Words not required to be deleted. 

287 

 
 
 
                                                      
 
arising from the mortgage or this suit and shall, if so required, deliver up to defendant No. 1 quiet and 
peaceable possession of the said property; and 

(iii) that, upon payment into the Court by defendant No. 1 of the amount due to defendant No. 2 
the plaintiff shall be at liberty to apply for payment to him of the sum declared due to him together 
with any subsequent costs of the suit and other costs, charges and expenses, as may be payable under 
rule 10, together with such subsequent interests as may be payable under rule 11, of Order XXXIV of 
the First Schedule to the Code of Civil Procedure, 1908; and that the balance, if any, shall then be  
paid to defendant No. 2; and that if the amount paid into the Court be not sufficient to pay in full the 
sum due to the plaintiff, the plaintiff shall be at liberty (if such remedy is open to him by the terms of 
the mortgage and is not barred by any law for the time being in force) to apply for a personal decree 
against as defendant No. 2 for the amount of the balance. 

3. And it is further ordered and decreed that if defendant No. 2 pays into Court to the credit of this 
suit the amount adjudged due to the plaintiff, the plaintiff shall bring into the Court all documents, etc., 
[as in sub-clause (ii) of clause 2]. 

4. And it is hereby further ordered and decreed that, in default of payment by defendant Nos. 1 and 2 
as aforesaid, the plaintiff may apply to the Court for a final decree for sale, and on such application being 
made  the  mortgaged  property  or  a  sufficient  part  thereof  shall  be  directed  to  be  sold;  and  that  for  the 
purposes of such sale the plaintiff and defendant No. 2 shall produce before the Court or such officer as it 
appoints, all documents in their possession or power relating to the mortgaged property. 

5.  And  it  is  hereby  further  ordered  and  decreed  that  the  money  realised  by  such  sale  shall  be  paid  into 
Court  and  be  duly  applied  (after  deduction  therefrom  of  the  expenses  of  the  sale)  first  in  payment  of  the 
amount due to the plaintiff as specified in clause 1 above with such costs of the suit and other costs, charges 
and expenses as may be payable under rule 10, together with such subsequent interest as may be payable 
under rule 11, of order) XXXIV of the First Schedule to the Code of Civil Procedure, 1908, and that the 
balance, if any, shall be applied in payment of the amount due to defendant No. 2; and that, if any balance 
be left, it shall be paid to defendant No. 1 or other persons entitled to receive the same. 

6. And it is hereby further ordered and decreed that, if the money realised by such sale shall not be 
sufficient for payment in full of the amounts payable to the plaintiff and defendant No. 2, the plaintiff or 
defendant No. 2, or both of them, as the case may be, shall be at liberty (if such remedy is open under 
their respective mortgages and is not barred by any law for the time being in force) to apply for a personal 
decree against defendant No. 2 or defendant No. 1 (as the case may be) for the amount of the balance. 

7. And it is hereby further ordered and decreed that, if defendant No. 2 pays into Court to the credit of 
this suit the amount adjudged due to the plaintiff, but defendant No. 1 makes default in payment of the 
amount due to defendant No. 2, defendant No. 2 shall be at liberty to apply to the Court for a final decree 
for  foreclosure  or  sale  (as  the  case  may  be)—(declarations  in  the  ordinary  form  to  be  introduced 
according to the nature of defendant No. 2’s mortgage and the remedies open to him thereunder). 

8. And it is hereby further ordered and decreed that the parties are at liberty to apply to the Court as 
they may have occasion,  and on such application or otherwise the Court may give such directions as it 
thinks fit. 

Schedule  
Description of the mortgaged property]  
No. 12  
DECREE FOR RECTIFICATION OF INSTRUMENT  
(Title) 

IT is hereby declared that ……………. , dated the ……………. day of …………… 20 ….... , does 

not truly express the intention of the parties to such ……………………. 

And it is decreed that the said ……………….. be rectified by ………………….. 

Here insert name of proper officer. 

288 

 
  
 
No. 13 

DECREE TO SET ASIDE A TRANSFER IN FRAUD OF CREDITORS 

(Title) 

IT  is  hereby  declared  that  the  ……………  ,  dated  the  ……………  day  of  ……….  20  ……..  ,  and 
made between …………… and ……….. , is void as against the plaintiff and all other the creditors, if any, 
of the defendant 

No. 14 

INJUNCTION AGAINST PRIVATE NUISANCE 

(Title) 

LET the defendant ………………. , his agents, servants and workmen, be perpetually restrained from 
burning, or causing to be burnt, any bricks on the defendant’s plot of land marked B in the annexed plan, 
so as to occasion a nuisance to the plaintiff as the owner or occupier of the dwelling-house and garden 
mentioned in the plaint as belonging to and being occupied by the plaintiff. 

No. 15 

INJUNTION AGAINST BUILDING HIGHER THAN OLD LEVEL 

(Title) 

LET  the  defendant  ……………..  ,  his  contractors,  agents  and  workmen,  be  perpetually  restrained 
from  continuing  to  erect  upon  his  premises  ………………… any  house or  building  of  a  greater  height 
than the buildings which formerly stood upon his said premises and which have been recently pulled down, 
so or in such manner as to darken, injure or obstruct such of the plaintiff’s windows in his said premises as 
are ancient lights. 

No.16 

INJUNCTION RESTRAINING USE OF PRIVATE ROAD 

(Title) 

LET  the  defendant  ……………..  his  agents,  servants  and  workmen,  be  perpetually  restrained  from 
using  or  permitting  to  be  used  and  part  of  the  lane  at  ……………  ,  the  soil  of  which  belongs  to  the 
plaintiff, as a carriage-way for the passage of carts, carriages or other vehicles, either going to or from the 
land marked B in the annexed plan or for any purpose whatsoever. 

No. 17 

PRELIMINARY DECREE IN AN ADMINISTRATION-SUIT 

(Title) 

IT is ordered that the following accounts and inquiries be taken and made; that is to say :—  

In creditor’s suit—  

1. That an account be taken of what is due to the plaintiff and all other the creditors of the deceased. 

In suits by legatees—  

2. That an accounts be taken of the legacies given by the testators will, 

In suits by next-of-kin— 

3. That an inquiry be made and account taken of what or of what share, if any, the plaintiff is entitled 

to as next-of-kin [or one of the next-of-kin] of the intestate. 

[After  the  first  paragraph,  the  decree  will,  where  necessary,  order,  in  a  creditor’s  suit,  inquiry  and 
accounts  for  legatees,  heirs-at-law  and  next-of-kin.  In  suits  by  claimants  other  than  creditors,  after  the 

289 

 
 
first  paragraph,  in  all  cases,  an  order  to  inquire  and  take  an  account  of  creditors  will  follow  the  first 
paragraph and such of the others as may be necessary will follow, omitting the first formal words. The 
form is continued as in a creditor's suit.] 

4. An account of the funeral and testamentary expenses. 

5. An account of the movable property of the deceased come to the hands of the defendant, or to the 

hands of any other person by his order or for his use. 

6.  An  inquiry  what  part  (if  any)  of  the  movable  property  of  the  deceased  is  outstanding  and 

undisposed of. 

7.  And  it  is  further  ordered  that  the  defendant  do,  on  or  before  the  day  of  next,  pay  into,  Court  
all sums of money which shall be found to have come to his hands, or to the hands of any person by his 
order or for his use. 

8. And that if the ………….. * shall find it necessary for carrying out the objects of the suit to sell 
any part of the movable property of the deceased that the same be sold accordingly, and the proceeds paid 
into Court. 

9.  And that Mr.  E.  F.  be  receiver  in the suit (or  proceeding)  and  receive  and  get in  all  outstanding 
debts and outstanding movable property of the deceased, and pay the same into the hands of the ……….. 
*(and shall give security by bond for the due performance of his duties to the amount of ……….. rupees). 

10.  And  it  is  further ordered  that if the  movable  property  of the deceased  be found  insufficient for 
carrying out the objects of the suit, then the following further inquiries be made, and accounts taken, that 
is to say—  

(a) an inquiry what immovable property the deceased was seized of or entitled to at the  time of 

his death; 

(b)  an  inquiry  what  are  the  encumbrances  (if  any)  affecting  the  immovable  property  of  the 

deceased or any part thereof; 

(c) an account, so far as possible, of what is due to the several  incumbrancers, and to include a 
statement  of  the  priorities  of  such  of  the  incumbrancers  as  shall  consent  to  the  sale  hereinafter 
directed. 

11.  And  that  the  immovable  property  of  the  deceased,  or  so  much  thereof  as  shall  be  necessary  to 
make up the fund in Court sufficient to carry out the object of the suit, be sold with the approbation of the 
Judge, free from incumbrances (if any) of such incumbrancers as shall consent to the sale and subject to 
the incumbrances of such of them as shall not consent. 

12.  And  it is  ordered that G.  H.  shall  have  the  conduct  of the sale  of  the  immovable  property,  and 
shall prepare the conditions and contracts of sale subject to the approval of the …………… * and that in 
case any doubt or difficulty shall arise the papers shall be submitted to the Judge to settle. 

13. And it is further ordered that, for the purpose of the inquiries hereinbefore directed, the ………. 
*shall advertise in the newspapers according to the practice of the Court, or shall make such inquiries in 
any other way which shall appear to the …....……….. *to give the most useful publicity to such inquiries. 

14. And it is ordered that the above inquiries and accounts be made and taken, and that all other acts 
ordered to be done be completed, before the day of ……………. and that the ………………* do certify 
the  result  of  the  injuries,  and  the  accounts,  and  that  all  other  acts  ordered  are  completed,  and  have  his 
certificate in that behalf ready for the inspection of the parties on the ……………. day of  ………….. 

* Here insert name of proper officer. 

290 

 
 
 
15. And, lastly, it is ordered that this suit [or proceedings] stand adjourned for making final decree to 

the day of ……………………. 

[Such part only of this decree is to be used as is applicable to the particular case.] 

No. 18 

FINAL DECREE IN AN ADMINISTRATION-SUIT BY A LEGATEE 

(Title) 

1. It is ordered that the defendant ………….. do, on or before the ………….. day of ………… pay 
into Court the sum of Rs. ………….. , the balance by the said certificate found to be due from the said 
defendant  on  account  of  the  estate  of  ……………..  ,  the  testator  and  also  the  sum  of  Rs.  ………  for 
interest, at the rate of Rs. ……………. per cent. per annum, from the …………….. day of ………….. to 
the …………. day of …………, amounting together to the sum of Rs. ……………….. 

2. Let the …………………* of the said Court tax the costs of the plaintiff and defendant in this suit, 
and  let  the  amount  of  the  said  costs,  when  so  taxed,  be  paid  out  of  the  said  sum  of  Rs.  ……………. 
ordered to be paid into Court as aforesaid, as follows:—  

(a) The costs of the plaintiff to Mr. ………………., his attorney [or pleader] or and the costs of 

the defendant to Mr. ……………… , his attorney [or pleader]. 

(b) And (if any debts are due) with the residue of the said sum of Rs. …………….. after payment 
of  the  plaintiff’s  and  defendant's  costs  as  aforesaid  let  the  sums,  found  to  be  owing  to  the  several 
creditors mentioned in the schedule to the certificate, of the ………….. .*, together with subsequent 
interest on such of the debts as bear interest, be paid; and, after making such payments, let the amount 
coming to the several legatees mentioned in the ………………. schedule, together with subsequent 
interest (to be verified as aforesaid), be paid to them. 

3. And if there should then be any residue, let the same be paid to the residuary legatee. 

No. 19 

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

(Title) 

1. IT is declared that the defendant is personally liable to pay the legacy of Rs. ………… bequeathed  

to the plaintiff. —  

2.  And  it  is  ordered  that  an  account  be  taken  of  what  is  due  for  principal  and  interest  on  the  said 

legacy. 

3.  And  it  is  also  ordered  that  the  defendant  do,  within  ……………..  weeks  after  the  date  of  the 
certificate of the ……..…… *, pay to the plaintiff the amount of what the ………………. * shall certify 
to be due for principal and interest. 

4. And it is ordered that the defendant do pay the plaintiff his costs of suit, the same to be taxed in 

case the parties differ. 

* Here insert name of proper officer. 

291 

 
 
 
 
 
No. 20 

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

(Title) 

1. LET the …………….. * of the said Court tax the costs of the “plaintiff and defendant in this suit, 
and let the amount of the said plaintiff’s costs, when so taxed, be paid by the defendant to the plaintiff out 
of  the  sum  of  Rs.  …………….  ,  the  balance,  by  the  said  certificate  found  to  be  due  from  the  said 
defendant on account of the personal estate of E.F., the intestate, within one week after the taxation of the 
said costs by the said ……………….. *and let the defendant retain for her own use out of such sum her 
costs, when taxed. 

2.  And  it  is  ordered  that  the  residue  of  the  said  sum  of  Rs.  …………………  after  payment  of  the 

plaintiff’s and defendant’s costs as aforesaid, be paid and applied by defendant as follows:—  

(a) Let the defendant, within one week after the taxation of the said costs by the * …………….  as 
aforesaid, pay one-third share of the said residue to the plaintiffs A.B., and C.D., his wife, in her right 
as the sister and one of the next-of-kin of the said E.F., the intestate. 

(b) Let the defendant retain for her own use one other third share of said residue, as the mother 

and one of the next-of-kin of the said E.F., the intestate. 

(c) And let the defendant, within one week after the taxation of the said costs by the *………….. 
as  aforesaid,  pay  the  remaining  one-third  share  of  the  said  residue  to  G.  H.,  as  the  brother  and  the 
other next- of-kin of the said E.F. the intestate. 

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

No. 21 

(Title) 

IT is declared that the proportionate shares of the parties in the partnership are as follows:—  

It is declared that this partnership shall stand dissolved [or shall be deemed to have been dissolved] as 
from the ………….. day of ………… and it is ordered that the dissolution thereof as from that day be 
advertised in the …………………. Gazette, etc. 

And it is ordered that ……………… be the receiver of the partnership-estate and effects in this suit 

and do get in all the outstanding book-debts and claims of the partnership. 

And it is ordered that the following accounts be taken:— 

1.  An account of the credits, property and effects now belonging to the said partnership; 
2. An account of the debts and liabilities of the said partnership; 
3. An account of all dealings and transactions between the plaintiff and defendant, from the foot of 
the  settled  account  exhibited  in  this  suit  and  marked  (A),  and  not  disturbing  any  subsequent  settled 
accounts. 

And it is ordered that the goodwill of the business heretofore carried on by the plaintiff and defendant 
as in the plaint mentioned; and the stock-in-trade, be sold on the premises, and that the ………….. *may, 
on the application of any of the parties, fix a reserved bidding for all or any of the lots at such sale, and 
that either of the parties is to be at liberty to bid at the sale. 

And  it  is  ordered  that  the  above  accounts  be  taken,  and  all  the  other  acts  required  to  be  done  be 
completed,  before  the  ………..  day  of  ………  ,  and  that  the  *  ………..  do  certify  the  result  of  the 
accounts,  and  that  all  other  acts  are  completed,  and  have  his  certificate  in  that  behalf  ready  for  the 
inspection of the parties on the day of ……….. And, lastly, it is ordered that this suit stand adjourned for 
making a final decree to the ………. day of ………… 

* Here insert name of proper officer. 

292 

 
 
 
No. 22 
FINAL DECREE IN A SUIT FOR DISSOLUTION OF PARTNERSHIP AND THE TAKING OF PARTNERSHIP ACCOUNT 
(Title) 

IT is ordered that the fund now in Court, amounting to the sum of Rs. …………… , be applied as 

follows:—  

1. In payment of the debts due by the partnership set forth in the certificate of the * ………...….. 

amounting the whole to Rs. …………… 

2.  In  payment  of  the  costs  of  all  parties  in  this  suit,  amounting  to  Rs.  ………………..  [These 

costs must be ascertained before the decree is drawn up.] 

3. In payment of the sum of Rs. …………… to the plaintiff as his share of the partnership-assets, 
of the sum of Rs. …………….. , being the residue of the said sum of Rs. …………. now in Court, to 
the defendant as his share of the partnership-assets. 

[Or, And that the remainder of the said sum of Rs. …………… be paid to the said plaintiff (or 
defendant) in part payment of the sum of Rs. ……………… certified to be due to him in respect of 
the partnership-accounts.] 

4. And that the defendant [or plaintiff] do on or before the ………… day of …………. pay to the 
plaintiff [or defendant] the sum of Rs. ………… being the balance of the said sum of Rs …………. 
due to him, which will then remain due. 

No. 23 
DECREE FOR RECOVERY OF LAND AND MESNE PROFIT 
(Title) 

IT is hereby decreed as follows:— 

1. That the defendant do put the plaintiff in possession of the property specified in the schedule 

hereunto annexed. 

2. That the defendant do pay to the plaintiff the sum of Rs. ………..... with interest thereon at the 
rate of ……….… per cent. per annum to the date of realization on account of mesne profits which 
have accrued due prior to the institution of the suit. 
Or 

2. That an inquiry be made as to the account of mesne profits which have accrued due prior to the 

institution of the suit. 

3.  That  an  inquiry  be  made  as  to  the  amount  mesne  profits  from  the  institution  of  the  suit                

until  [the  delivery  of  possession  to  the  decree-holder]  [the  relinquishment  of  possession  by  the 
judgment-debtor  with  notice  to  the  decree-holder  through  the  Court]  [the  expiration  of  three  years 
from the date of the decree]. 

Schedule 

293 

* Here insert name of proper officer. 

 
 
 
 
 
 
 
 
 
 
 
 
APPENDIX E 
EXECUTION 
No. 1 

NOTICE TO SHOW CAUSE WHY A PAYMENT OR ADJUSTMENT SHOULD NOT BE RECORDED AS CERTIFIED 

(O.21, to r.2.) 
(Title) 

WHEREAS in execution of the decree in the above-named suit ………......... has applied to this Court 
that  the  Sum  of  Rs.  ……………..  recoverable  under  the  decree  has  been  paid/adjusted  and  should  be 
recorded as certified, this is to give you notice that you are to appear before this Court on the ………… 
day of ………………. 19 ………………. , to show cause why the payment/adjustment aforesaid should 
not be recorded as certified. 

GIVEN under my hand and the seal of the Court, this ……………….. day of  20. 

Judge. 

No. 2 
PRECEPT (Section 46) 
(Title) 
Upon hearing the decree-holder it is ordered that this precept be sent to the Court of ……………. at 

………………… under section 46 of the Code of Civil Procedure, 1908, with directions to attach the 
property specified in the annexed schedule and to hold the same pending any application which may be 
made by the decree-holder for execution of the decree. 

Dated the ………………….. day of …………… 20 

Schedule 

Judge. 

No. 3 
ORDER SENDING DECREE FOR EXECUTION TO ANOTHER COURT 
(O.21, r. 6.) 
(Title) 
WHEREAS the decree-holder in the above suit has applied to this Court for a certificate to be sent to 
the Court of ………………… at  ………………… for execution of the decree in the above suit by the 
said Court, alleging that the judgment-debtor resides or has property within the local limits, for the 
jurisdiction of the said Court, and it is deemed necessary and proper to send a certificate to the said Court 
under Order XXI, rule 6, of the Code of Civil Procedure, 1908, it is. 

Ordered: 
That a copy of this order be sent to ....................... with a copy of the decree and of any order which 

may have been made for execution of the same and a certificate of non-satisfaction. 
Dated the ……………… day of ……………… 20 ………….  

Judge. 

No. 4 
CERTIFICATE OF NON-SATISFACTION OF DECREE 
(O.21, r. 6.) 
(Title) 

CERTIFIED that no1 satisfaction of the decree of this Court in suit No ……………. of ........20 …….. , 

a copy which is hereunto attached, has been obtained by execution within the jurisdiction of this Court. 

Dated the ……………..day of ……………… 20 ………….. 

Judge. 

1. If partial, strike out “no” and State to what extent. 

294 

 
                                                      
CERTIFICATE OF EXECUTION OF DECREE TRANSFERRED TO ANOTHER COURT 

No. 5 

(O. 21, r. 6.) 

(Title) 

Names 
of 
parties 

Date of 
application 
for execution 

Number of 
the 
execution 
case 

Processes 
issued and 
dates of 
service 
thereof 

Costs of 
execution 

Amount 
realized 

Remarks 

How the 
case is 
disposed 
of 

Number 
of suit 
and the 
Court by 
which the 
decree 
was 
passed 

1 

2 

3 

4 

5 

6 

7 

8 

9 

Rs.  N.P. 

Rs.  N.P. 

Signature of Muharrir in charge.  

Signature of Judge. 

295 

 
 
  
  
 
  
  
 
 
  
  
No. 6 

APPLICATION FOR EXECUTION OF DECREE 

(O.21, r.11.) 

In the Court of 

I, ……………… decree-holder, hereby apply for execution of the decree herein-below set forth:—  

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Mode in which the assistance of the 
Court is required. 

10 

[When attachment and sale of movable 
property is sought. 

 I, Pray that the total amount of Rs. 
[together with interest on the principal 
sum up to date of payment] and the 
cost of taking out this execution, be 
realised by attachment and sale of 
defendant’s movable property as per 
annexed list and paid to me. 

[When attachment and sale of immovable 
property is sought.] 

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  I Pray that the total amount of Rs. 
[together with interest on the principal 
sum up to date of payment] and the cost 
of taking out this execution, be realised 
by the attachment and sale of 
defendant’s immovable property 
specified at the foot of this application 
and paid to me.] 

296 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
I ………………… declare that what is stated herein is true to the best of my knowledge and belief. 

                                                                                                              Signed      

, decree-holder. 

Dated the ………………….. day of …………….. 20 

[When attachment and sale of immovable property is sought.]  
Description and specification of property 

The undivided one-third share of the judgment-debtor in a house situated in the village of …………. 

value Rs. 40, and bounded as follows:—  

East  by  G’s  house;  west by  H’s  house;  south  by  public road;  north  by  private  lane  and J’s 

house. 

I  ………………..  declare  that  what  is  stated  in  the  above  description  is  true  to  the  best  of  my 
knowledge  and  belief,  and  so  far  as  I  have  been  able  to  ascertain  the  interest  of  the  defendant  in  the 
property therein specified. 

           Signed.................., decree-holder. 

No. 7  
NOTICE TO SHOW CAUSE WHY EXECUTION SHOULD NOT ISSUE  
1[(O. 21, r.16.)]  
(Title) 

To  

WHEREAS  …………………  has  made  application  to  this  Court  for  execution  of  decree  in  Suit 
No. ……………… of 20…... , on the allegation that the said decree has been transferred to him by 
assignment 2[or without assignment], this is to give you notice that you are to appear before this Court 
…………….  on  the  …………..  day  of  ………………….  20……………….  ,  to  show  cause  why 
execution should not be granted. 

GIVEN under my hand and the seal of the Court, this.............day of..............20......... 

J u d g e . 

WARRANT OF ATTACHMENT OF MOVABLE PROPERTY IN EXECUTION OF A DECREE 

No. 8 

FOR MONEY (O.21. r. 30.)  

(Title) 

T o  

The Bailiff of the Court 

Decree 

Principal  

Interest  

Costs 

Cost of execution 

Further interest 

Total 

WHEREAS  ………..…  was  ordered  by  decree  of  this  Court 
passed  on the  day  of  …………….…  20  ………………  in  Suit 
No. ……………. of............20 ………… , to pay to the plaintiff 
the  sum  of  Rs.  ………………  as  noted  in  the  margin;  and 
whereas  the  said  sum  of  Rs.  …………..  has  not  been  paid; 
These  are  to  command  you  to  attach  the  movable  property  of 
the said ………… as set forth in the schedule hereunto annexed, 
or  which  shall  be  pointed  out  to  you  by  the  said  …………...  , 
and unless the said ………….. shall pay to you the said sum of 
Rs.  ……………… together  with  Rs. …………….  , the  cost  of 
this  attachment,  to  hold  the  same  until  further  orders  from  this 
Court.

1. Subs. by Act 10 of 1914, s. 2 and the First Sch., for “(O. 21, r. 22). 
2. Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977). 

297 

 
      
 
                                                      
 
 
 
 
 
 
 
 
 
 
You are further commanded to return this warrant on or before the……………day of………….20….  
with an endorsement certifying the day on which and manner in which it has been executed, or why it has 
not been executed.  

GIVEN under my hand and the seal of the Court, this…………day of………..20....... 

Schedule 

J ud ge.  

No. 9 
WARRANT FOR SEIZURE OF SPECIFIC MOVABLE PROPERTY ADJUDGED BY DECREE 
(O. 21, r. 31.) 
(Title) 

T o  

The Bailiff of the Court, 
WHEREAS………………….was ordered by decree of this Court passed on the……………… day 
of……......20…………, in Suit No…………of 20….., to deliver to the plaintiff the movable property (or 
a……….share in the movable property) specified in the schedule hereunto annexed, and whereas the said  
property (or share) has not been delivered. 

These are to command you to seize the said movable property (or a………share of the said movable 

property) and to deliver it to the plaintiff or to such person as he may appoint in his behalf.  

GIVEN under my hand and the seal of the Court, this………..day of………………20............ 

Schedule 

Judge.  

No. 10 
NOTICE TO STATE OBJECTIONS TO DRAFT OF DOCUMENT  
(O. 21, r. 34.) 
(Title) 

T o  

TAKE notice that on the……..day of………20……., …………………………the decree-holder in the 
above suit presented an application to this Court that the Court may execute on your behalf a deed of…… 
whereof  a  draft  is  hereunto  annexed,  of  the  immovable  property  specified  hereunder,  and  that 
the……..day of……………..20……, is appointed for the hearing of the said application, and that you are 
at 
liberty  
to appear on the said day and to state in writing any objections to the said draft. 

GIVEN under my hand and the seal of the Court, this…………day of .............20........... 

Description of property 

Judge. 

No. 11 
WARRANT TO THE BAILIFF TO GIVE POSSESSION OF LAND, ETC. 
(O.21, r. 35.) 
( T i t l e )  

To 

The Bailiff of the Court. 

WHEREAS the undermentioned property in the occupancy of……………………...has been decreed to 

298 

 
 
 
…………, the plaintiff in this suit; you are hereby directed to put the said………………in possession of  
the same, and you are hereby authorized to remove any person bound by the decree who may refuse to 
vacate the same. 

GIVEN under my hand and the seal of the Court, this ...................................... day of ...................... 20........... 

Schedule 

No. 12 

J u d g e .  

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

(Title) 

T o  

WHEREAS  .............................................. has made application to this Court for execution of decree in Suit No. 

....................................of 20 .......................... by arrest and imprisonment of your person, you are hereby required to 

appear before this Court on the ................................... day of ...................... 20 ............................ , to show cause why  
you should not be committed to the civil prison in execution of the said decree. 

GIVEN under my hand and the seal of the Court, this ................................day of ...............................20........ 

J u d g e .  

No. 13 

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

T o  

The Bailiff of the Court. 

WHEREAS …. ...........was adjudged by a decree of this Court in suit No .................. of .....................  20.... , dated 

Decree 

Principal 

Interest 

Costs 

Execution 

Total 

the………….day of……………20………….,to pay to the decree-  
holder the sum of Rs…………as noted in the margin, and whereas 
the said sum of Rs…………...has not been paid to the said decree- 
holder  in  satisfaction  of  the  said  decree,  these  are  to 
command  you  to  arrest  the  said  judgement-debtor  and  unless 
the said judgment-debtor shall pay to you the said sum of Rs……  
together with Rs……………for the cost of executing this process, 
to  bring  the  said  defendant  before  the  Court  with  all  convenient 
speed. 

You are further commanded to return this warrant on or before 
the………………day of………………..20…………….....,with an  
endorsement certifying the day on which and manner in which it 
has been executed, or the reason why it has not been executed. 

Given under my hand and the seal of the Court, this ................................. day of ............................... 20…………… 

Judge. 

No. 14 

WARRANT OF COMMITTAL OF JUDGEMENT-DEBTOR TO JAIL 
(O.21, r. 30.) 

(Title) 

T o  

The Officer in charge of the Jail at  

WHEREAS……………………………………...  who has been brought before this Court this……………………………day 

299 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
of……………….20…………, under a warrant in execution of a decree which was made and pronounced by the said 

Court on the ................................... day of .................................20…………., and by which decree it was ordered that the 

said…………………….. should  pay ...............................; And whereas the said……………………………has not obeyed 
the decree nor satisfied the Court that he is entitled to be discharged from custody; You are hereby  1*** 
commanded and required to take and receive the said…………………into the civil prison and keep him 
imprisoned therein for a period not exceeding……………...or until the said decree shall be fully satisfied, 
or the said………………….shall be otherwise entitled to be released according to terms and provisions of 
section 58 of the Code of Civil Procedure, 1908; and the Court does hereby fix  2*** per diem as the rate of the 
monthly  allowance  for  the  subsistence  of  the  said………..during  his  confinement  under  this  warrant  
of committal. 

GIVEN under my signature and the seal of the Court, this…………day of……………20……..   

Judge. 

ORDER FOR THE RELEASE OF A PERSON IMPRISONED IN EXECUTION OF A DECREE  

No. 15 

(Sections 58, 59) 

(Title) 

To 

The Officer in charge of the Jail at 

UNDER orders passed this day, you are hereby directed to set free…………………..judgment-debtor 

now in your custody. 

D a t e d  

No. 16 

ATTACHMENT IN EXECUTION 

J ud ge.  

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.) 

T o  

(Title) 

WHEREAS………………………………………………………...has  failed  to  satisfy  a  decree  passed 
against……………on  the………………...day  of…………………….20………..,  in  Suit  No.……of...... 
20…, in favour of………….for Rs…………………..; 

It is ordered that the defendant be, and is hereby, prohibited and restrained until the further order 
of  this  Court,  from  receiving  from……………the  following  property  in  the  possession  of  the  said, 
...............that is to say,…………………………..to which the defendant is entitled, subject to any claim of 
the said……………, and the said……… is  hereby  prohibited  and 
further  
restrained,  until 
order of this Court, from delivering the said property to any person or persons whomsoever. 

the 

GIVEN under my hand and the seal of Court, this………………….day of………….20………………. 

Judge. 

1. The words “in the name of the King-Emperor of India,” omitted by the A. O. 1950. 
2. The word “annas” omitted by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977). 

300 

 
 
                                                      
1[No. 16A 
AFFIDAVIT OF ASSETS TO BE MADE BY A JUDGMENT-DEBTOR 
ORDER XXI, RULE 41(2)] 

In the Court of 

A.B…………………………..                                                                                                 Decree-holder 

Vs. 

C……………………………                                                                                                 Judgment-debtor 

I 

of 

state on 

oath
solemn affirmation

 as follows:— 

1. My full name is ………………………………… 
                                             (Block capitals) 

2. I live at 

*3. I am........................... married 

  single 

  widower (widow) 

  divorced 

4. The following persons are dependent upon me:— 
5. My employment, trade or profession is that of.................... 

carried on by me at .................... 

I am a director of the following companies:— 
6. My present annual/monthly/weekly income, after paying income-tax, is as follows:— 

(a) From my employment, trade or profession Rs. .................... 
(b) From other sources Rs. .................... 

*7. (a) I own the house in which I live; its value is Rs. .................... 
I pay as outgoings by way of rates, mortgage, interest, etc., the annual sum of Rs. .................... 

(b) I pay as rent the annual sum of Rs. .................... 

8. I possess the following:— 

(a) Banking accounts;                       
(b) Stocks and shares; 
(c) Life and endowment policies; 
(d) House property; 
(e) Other property; 
(f) Other securities; 

Give particulars 

9. The following debts are due to me:— 
(give particulars) 
(a) From  
Rs. 
(b) From      

    of  

   of  
             (etc.) 

       Rs.   
Sworn before me, etc.] 

1. Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977). 
*Strike off the words which are not applicable. 

301 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
No. 17 

ATTACHMENT IN EXECUTION 

PROHIBITORY ORDER WHERE THE PROPERTY CONSISTS OF DEBTS NOT SECURED 

BY NEGOTIABLE INSTRUMENTS 

(O. 21, r. 46.) 

(Title) 

T o  

WHEREAS………………………...has failed to satisfy a decree passed against…………………….........on 

the…………….day  of………20………..,  in  Suit  No……….of    20………….,  in  favour  of……for 
Rs…………; it is ordered that the defendant be, and is hereby, prohibited and restrained, until the further 
order of this Court, from receiving from you a certain debt alleged now to be due from you to the said 
defendant, namely,………… and that you, the said……………... be,  and  you  are  hereby,  prohibited  and  
restrained, until the further order of this Court, from making payment of the said debt, or any part thereof, 
to any person whomsoever or otherwise than into this Court. 

Given under my hand and the seal of the Court, this…………..day of……….20………… 

ATTACHMENT IN EXECUTION PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF SHARES IN THE 
CAPITAL OF A CORPORATION 

No. 18 

Judge. 

T o  

(O. 21, r. 46.)  
(Title) 

Defendant and to……………………., Secretary of Corporation. 

WHEREAS………..has  failed  to  satisfy  a  decree  passed  against………………..on  the…………….day 
of………20……, in Suit No……………of  20…….., in favour of……………….., for Rs……………….; 
it is ordered that you, the defendant, be, and you are hereby, prohibited and restrained, until the further 
order  of  this  Court,  from  making  and  transfer  of……………...shares  in  the  aforesaid  corporation, 
namely,………. or from receiving payment of any dividends thereon; and you,………,the Secretary of the  
said Corporation, are hereby prohibited and restrained from permitting any such transfer or making any 
such payment. 

GIVEN under my hand and the seal of the Court, this…………day of…………20…….. 

ORDER TO ATTACH SALARY OF PUBLIC OFFICER OR SERVANT OF RAILWAY COMPANY OR LOCAL AUTHORITY 

No. 19 

Judge. 

T o  

(O. 21, r. 48.) 

(Title) 

WHEREAS……………………,  judgment-debtor  in  the  above-named  case;  is  a  (describe  office  of 
judgment-debtor) receiving his salary (or allowances) at your hands; and whereas………………, decree-
holder in the said case, has applied in this Court for the attachment of the salary (or allowances ) 
of the said……………to the extent of…………due to him under the decree; You are hereby required to 

302 

 
  
 
  
 
withhold  the  said  sum  of………..from  the  salary  of  the  said……..in  monthly  instalments  of……and  to  
remit the said sum (or monthly instalments) to this Court. 

GIVEN under my hand and the seal of the Court, this……….day of…………20.............. 

J u d g e .  

No. 20 

ORDER OF ATTACHMENT OF NEGOTIABLE INSTRUMENT 

(O.  21,  r.  51.) 

(Title) 

To 

The Bailiff of the Court, 

WHEREAS an order has been passed by this Court on the……………..day of……….20……….., for 

the attachment of…………; You are hereby directed to seize the said…………………and bring the same  
into Court. 

GIVEN under my hand and the seal of the Court, this………….day of……………20……….    

J u d g e .  

No. 21 

ATTACHMENT 

PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF MONEY OR OF ANY SECURITY IN THE CUSTODY 
OF A COURT OF JUSTICE OR 1[PUBLIC OFFICER] 

(O. 21, r. 52.) 

(Title) 

To 

Sir, 

The plaintiff having applied, under rule 52 of Order XXI of the Code of Civil Procedure, 1908, for an 
attachment of certain money now in yours hands (here state how the money is supposed to be in the hands 
of the person addressed, on what account, etc.), I request that you will hold the said money subject to the 
further order of this Court. 

                                                                                                                             Sir 

Your most obedient Servant. 

Dated the……….day of………20………  

                                                                                 Judge. 

I have the honour to be, 

NOTICE OF ATTACHMENT OF A DECREE TO THE COURT WHICH PASSED IT 

No. 22 

(O. 21, r. 53.) 

(Title) 

To 

The Judge of the Court of................ 

1. Subs. by the A. O. 1937, for “Officer of Government”. 

303 

 
 
                                                      
Sir, 

I have the honour to inform you that the decree obtained in your Court on the ……………………day 
of…........……….20………..by…………….in  Suit  No…………of  20.....................in  which  he 
was……….………and  ………….was…………has  been  attached  by  this  Court  on  the  application 
of…………………….,  the……….in  the  suit  specified  above.  You  are  therefore  requested  to  stay  the 
execution  of  the  decree  of  your  Court  until  you  receive  an  intimation  from  this  Court  that  the  present 
notice has been cancelled or until execution of the said decree is applied for by the holder of the decree 
now sought to be executed or by his judgment-debtor. 

I have the honour, etc. 
Judge. 

Dated the……………….day of…….20……….. 

No. 23 
NOTICE OF ATTACHMENT OF A DECREE TO THE HOLDER OF THE DECREE 
(O. 21, r. 53.) 

(Title) 

To 

WHEREAS  an  application  has  been  made  in  this  Court  by  the  decree-holder  in  the  above  suit  for  the 
attachment of a decree obtained by you on the………....................day of……......20..............................., in 
the Court of……………….in Suit No…….of 20.........., in which………….was………….and……….was 
……………………;  It  is  ordered  that  you,  the  said………...,  be,  and  you  are  hereby,  prohibited  and 
restrained, until the further order of this Court, from transferring or charging the same in any way. 

GIVEN under my hand and the seal of the Court, this……….day of………….20…………. 

J ud ge.  

No. 24 

ATTACHMENT IN EXECUTION 

PROHIBITORY ORDER, WHERE THE PROPERTY CONSISTS OF IMMOVABLE PROPERTY 

(O. 21, r. 54.) 

(Title) 

T o  

        . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Defendant 

WHEREAS you have failed to satisfy a decree passed against you on the……………………….........day 
of…………..20………..,  in  Suit  No……….of………20..............  ,  in  favour  of………………………for 
Rs…………; It is ordered that you, the said………….., be, and you are hereby, prohibited and restrained,  
until the further order of this Court, from transferring or charging the property  specified in the Schedule 
hereunto  annexed,  by  sale,  gift  or  otherwise,  and  that  all  persons  be,  and  that  they  are  hereby,  prohibited  from 
receiving the same by purchase, or gift otherwise. 

1[It is also ordered that you should attend Court on the…………………………………………….day 
of  …………..20………,  to  take  notice  of  the  date  fixed  for  settling  the  terms  of  the  proclamation  of 
sale.] 

GIVEN under my hand and seal of the Court, this…………day of………20…………. 

1. Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977). 

Schedule 

304 

J ud ge.  

 
 
  
  
                                                      
ORDER FOR PAYMENT TO THE PLAINTIFF, ETC., OF MONEY, ETC., IN THE HANDS OF A THIRD PARTY 

No. 25 

T o  

(O.21, r. 56.) 

(Title) 

WHEREAS the following property.....................................has been attached in execution of a decree in 
Suit No……………….of  20………, passed on the……………day of 20......... , in favour of………..for 
Rs........................………………….It 
the  property  so  attached,  consisting  of 
Rs…………….in money and Rs......…………..in currency-notes, or a sufficient part thereof to satisfy the 
said decree, shall be paid over by you, the said…………..to…………. 

is  ordered 

that 

GIVEN under my hand and the seal of the Court, this……………………day of………20.......... 

Judge. 

No. 26 

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

(Title) 

T o  

WHEREAS…………………………...has made application to this Court for the removal of attachment 

on………….placed at your instance in execution of the decree in Suit No………………of……… 20......... 
this is to give you notice to appear before this Court on………….., the………….day of……..20………...,  
either in person or by a pleader of the Court duly instructed to support your claim, as attaching creditor. 

GIVEN under my hand and the seal of the Court, this………..day of……….20........... 

J ud ge.  

WARRANT OF SALE OF PROPERTY IN EXECUTION OF A DECREE FOR MONEY 

No. 27 

(O. 21, r. 66.) 

(Title) 

T o  

The Bailiff of the Court. 

THESE are to command you to sell by auction, after giving…………day's previous notice, by affixing 
the same in this Court-house, and after making due proclamation, the…………..property attached under a 
warrant  from  this  Court,  dated  the…………day  of  20................  ,  in  execution  of  a  decree  in  favour 
of……………in Suit No………….of   20............, or so much of the said property as shall realize the sum 
of Rs…………………..., being the………………of the said decree and costs still remaining unsatisfied. 

You are further commanded to return this warrant on or before the………….day of…………. …….20 
with an endorsement certifying the manner in which it has been executed, or the reason  why it has not been 
executed. 

GIVEN under my hand and the seal of the Court, this………..day of………20........... 

J ud ge.  

305 

 
  
 
NOTICE OF THE DAY FIXED FOR SETTLING A SALE PROCLAMATION 

No. 28 

(O. 21, r. 66.) 

(Title) 

T o  

.........................................................................................................  Judgment-debtor. 

WHEREAS in the above-named suit……………………….., the decree-holder, has applied for the sale 
of……………… You are hereby informed……………………that the…………..day of………… 20       , 
has been fixed for settling the terms of the proclamation of sale. 

GIVEN under my hand and the seal of the Court, this…………… day of…………20……… 

J ud ge . 

No. 29 

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

(Title) 

(1)  Suit  No………………….of  20………..,  decided  by  the………..of………in  which  was  plaintiff 
and  was  defendant.—Notice  is  hereby  given  that,  under  rule  64  of  Order  XXI  of  the  Code  of  Civil 
Procedure, 1908, an order has been passed by this Court for the sale of the attached property mentioned in 
the  annexed  schedule,  in  satisfaction  of  the  claim  of  the  decree-holder  in  the  suit  (1)  mentioned  in  the 
margin, amounting with costs and interest up-to date of sale to the sum of…………………………. 

The sale will be by public auction, and the property will be put up for sale in the lots specified in the 
schedule.  The  sale  will  be  of  the  property  of  the  judgment-debtors  above-named  as  mentioned  in  the 
schedule  below;  and  the  liabilities  and  claims  attaching  to  the  said  property,  so  far  as  they  have  been 
ascertained, are those specified in the schedule against each lot. 

In the absence of any order of postponement, the sale will be held by……………..at the monthly sale 
commencing  at...........  O’clock  on  the……………at…………....,  In  the  event,  however,  of  the  
debt above specified and of the costs of the sale being tendered or paid before the knocking down of any 
lot, the sale will be stopped. 

At the sale the public generally are invited to bid, either personally or by duly authorized agent. No bid 
by, or on behalf of, the judgment-creditors above-mentioned, however, will be accepted, nor will any sale to 
them be valid without the express permission of the Court previously given. The following are the further. 

Conditions of sale 

1. The particulars specified in the schedule below have been stated to the best of the information of the 

Court, but the Court will not be answerable for any error, mis-statement or omission in this proclamation. 

2.  The  amount  by  which  the  biddings  are  to  be  increased  shall  be  determined  by  the  officer 
conducting the sale. In the event of any dispute arising as to the amount bid, or as to the bidder, the lot 
shall at once be again put up to auction. 

3.  The  highest  bidder  shall  be  declared  to  be  the  purchaser  of  any  lot,  provided  always  that  he  is 
legally qualified to bid, and provided that it shall be in the discretion of the Court or officer holding the 
sale to decline acceptance of the highest bid when the price offered appears so clearly inadequate as to 
make it advisable to do so. 

4. For reasons recorded, it shall be in the discretion of the officer conducting the sale to adjourn it 

subject always to the provisions of rule 69 of Order XXI. 

306 

 
  
5. In the case of movable property, the price of each lot shall be paid at the time of sale or as soon 
after as the officer holding the sale directs, and in default of payment the property shall forthwith be again 
put up and re-sold. 

6. In the case of immovable property, the person declared to be the purchaser shall pay immediately 
after  such  declaration  a  deposit  of  25  per  cent.  on  the  amount  of  his  purchase-money  to  the  officer 
conducting  the  sale,  and  in  default  of  such  deposit  the  property  shall  forthwith  be  put  up  again  and           
re-sold. 

7. The full amount of the purchase-money shall be paid by the purchaser before the Court closes on 
the fifteenth day after the sale of the property, exclusive of such day, or if the fifteenth day be a Sunday or 
other holiday, then on the first office day after the fifteenth day. 

8.  In  default  of  payment  of  the  balance of  purchase-money  within  the  period  allowed,  the  property 
shall be re-sold after the issue of a fresh notification of sale. The deposit, after defraying the expenses of 
the sale, may, if the Court thinks fit, be forfeited to Government and the defaulting purchaser shall forfeit 
all claim to the property or to any part of the sum for which it may be subsequently sold. 

Given under my hand and the seal of the Court, this………….day of……….20…….. 

Schedule of Property 

Judge. 

Number of 
lot 

Description of pro- 
perty to be sold, 
with the name of 
each owner where 
there are more 
judgment- debtors 
than one 

The revenue 
assessed upon the 
estate or part of the 
estate, if the 
property to be sold 
is an interest in an 
estate or a part of 
an estate paying 
revenue to 
Government 

Detail of 
any 
encum- 
brances to 
which the 
property is 
  liable 

Claims, if any,  
which have been put  
forward to the pro-  
perty and any other  
known particulars  
bearing on its  
nature and value 

1[The value  
of the pro-  
perty as  
stated by the  
decree holder 

The value of the  
property as  
stated by the  
judgment-  
debtor.] 

1. Ins. by Act 104 of 1976, s. 95 (w.e.f. 1-2-1977). 

307 

 
  
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
                                                      
No. 30 
ORDER ON THE NAZIR FOR CAUSING SERVICE OF PROCLAMATION OF SALE 
(O. 21, r. 66.) 
(Title) 

T o  

The Nazir of the Court. 

WHEREAS an order has been made for the sale of the property of the judgment-debtor specified in the 
schedule  hereunder  annexed,  and  whereas  the………….day  of………20...........,  has  been  fixed  for  the 
sale of the said property,………. copies of the proclamation of sale are by this warrant made over to you, 
and  you  are  hereby  ordered  to  have  the  proclamation  published  by  beat  of  drum  within  each  of  the 
properties specified in the said schedule, to affix a copy of the said proclamation on a conspicuous part of 
each of the said properties and afterwards on the Court-house, and then to submit to this Court a report 
showing the dates on which and the manner in which the proclamations have been published. 

Dated the…………. day of………………20……….   

Schedule 

Judge. 

No. 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.)  
(Title) 

Certified that at the re-sale of the property in execution of the decree in the above -named suit, 
in  consequence  of  default  on  the  part  of…,  purchaser,  there  was  a  deficiency  in  the  price  of  the  said 
property amounting to Rs……………………., and that the expenses attending such re-sale amounted to 
Rs……. , making a total of Rs……………, which sum is recoverable from the defaulter. 

Dated the…………. day of………… 20…….. 

Officers holding the sale. 

No. 32 
NOTICE TO PERSON IN POSSESSION OF MOVABLE PROPERTY SOLD IN EXECUTION 
(O.21, r, 79.) 
(Title) 

T o  

WHEREAS……………………...has become the purchaser at a public sale in execution of the decree 
in the above suit of………..now in your possession, you are hereby prohibited from delivering possession 
of the said……. to any person except the said……… 

Given under my hand and the seal of the Court, this…………day of…………20…….. 

Judge . 

308 

 
 
  
 
  
  
No. 33 
PROHIBITORY ORDER AGAINST PAYMENT OF DEBTS SOLD IN EXECUTION  
TO ANY OTHER THAN THE PURCHASER 
(O. 21, r. 79.) 
(Title) 

T o  

and to 

WHEREAS……………has  become  the  purchaser  at  a  public  sale  in  execution  of  the  decree  in  the 
above suit of………….. being debts due from you……………to you…………….; It is ordered that you 
.......  be,  and  you  are  hereby,  prohibited  from  receiving,  and  you……………………...from  making 
payment of, the said debt to any person or persons except the said………….. 

Given under my hand and the seal of the Court, this…………day of………..20……..   

J ud ge.  

No. 34 
PROHIBITORY ORDER AGAINST THE TRANSFER OF SHARE SOLD IN EXECUTION 
(O. 21, r. 79.) 
(Title) 

T o  
       ........................................and.................................., Secretary of.........................................Corporation. 
WHEREAS………….has become the purchaser at a public sale in execution of the decree, in the above 
suit, of certain shares in the above Corporation, that is to say, of…………………..standing in the name of 
you……………; It is ordered that you……………….be, and you are hereby, prohibited from making any 
transfer of the said shares to any person except the said…………………, the purchaser aforesaid, or from 
receiving any dividends thereon; and you……………, Secretary of the said Corporation, from permitting 
any such transfer or making any such payment to any person except the said……………..., the purchaser 
aforesaid. 
Given under my hand and the seal of the Court, this………..day of …………..20………    

Judge.  

No. 35 
CERTIFICATE TO JUDGMENT-DEBTOR AUTHORISING HIM TO MORTGAGE LEASE OR SELL PROPERTY 
(O. 21, r. 83.) 
(Title) 

T o  

WHEREAS in excecution of the decree passed in the above suit an order was made on the…………day 
of……………..20……..,  for  the  sale  of  the  under-mentioned  property  of  the  judgment-debtor….....,  
and whereas the Court has, on the application of the said judgment-debtor, postponed the said sale to enable 
him to raise the amount of the decree by  mortgage, lease or private sale of the said property or of some 
part thereof: 

This  is  to  certify  that  the  Court  doth  hereby  authorize  the  said  judgment-debtor  to  make  the  proposed 
mortgage,  lease  or  sale  within  a  period  of…….  from  the  date  of  this  certificate;  provided  that  all  monies  
payable  under  such  mortgage,  lease  or  sale  shall  be  paid  into  this  Court  and  not  to  the  said  judgment-
debtor. 

309 

 
 
 
 
 
 
 
 
Given under my hand and the seal of the Court, this………… day of………..20….. 

Description of property 

Judge. 

No. 36 
NOTICE TO SHOW CAUSE WHY SALE SHOULD NOT BE SET ASIDE 
(O. 21, rr. 90, 92.) 
(Title) 

T o  

WHEREAS the under-mentioned property was sold on the……….day of……………... 20……. …...,  in 
execution of the decree passed in the above named suit, and whereas…………………, the decree-holder [or 
judgment-debtor],  has  applied  to  this  Court  to  set  aside  the  sale  of  the  said  property  on  the  ground  of  a 
material irregularity [or fraud] in publishing [or conducting] the sale, namely, that……………. 

Take  notice  that  if  you  have  any  cause  to  show  why  the  said  application  should  not  be  granted, 
you should appear with your proofs in this Court on the…………day of…………20........., when the said  
application will be heard and determined. 

Given under my hand and the seal of the Court, this…………day of………….20…… 

Description of property 

Judge.  

No. 37 
NOTICE TO SHOW CAUSE WHY SALE SHOULD NOT BE SET ASIDE 
(O. 21, rr. 91, 92.) 
(Title) 

To 

WHEREAS……………the purchaser of the under-mentioned property sold on the………………  day of 
……20………, in execution of the decree passed in the above-named suit, has applied to this Court to set 
aside the sale of the said property on the ground that…………… , the judgment-debtor, had no saleable  
interest therein.  

Take notice that if you have any cause, to show why the said application should not be granted,    you 

should appear with your proofs in this Court on the…………………… day of…………20........., when 
the said application will be heard and determined. 

Given under my hand and the seal of the Court, this…………day of…………20……. 

Description of property 

No. 38 
CERTIFICATE OF SALE OF LAND 
(O. 21, r. 94.) 
(Title) 

Judge. 

This is to certify that…………………..has been declared the purchaser at a sale by public auction on 
the…………………………day  of………….20………of………………..in  execution  of  decree  in  this  
and that the said sale has been duly confirmed by this Court. 

Given under my hand and the seal of the Court, this…………day of…………20……   

Judge.    

310 

 
 
 
 
 
  
 
No. 39 
ORDER FOR DELIVERY TO CERTIFIED PURCHASER OF LAND AT A SALE IN EXECUTION 
(O. 21, r. 95.) 
(Title) 

T o  

The Bailiff of the Court. 
WHEREAS…………………………………..has become the certified purchaser of…………………..at a  
sale in execution of decree in Suit No……………of……………..20………..; You are hereby ordered 
to put the said……………, the certified purchaser, as aforesaid, in possession of the same. 

Given under my hand and the seal of the Court, this…………day of…………20…….. 

No. 40 
SUMMONS TO APPEAR AND ANSWER CHARGE OF OBSTRUCTING EXECUTION OF DECREE 
(O. 21, r. 97.) 
(Title) 

Judge. 

T o  

. . . . . . . . . . . . . . . . . . .  

. . . . . . . . . . . . . . . . . . .  

WHEREAS……………………………,the  decree-holder  in  the  above  suit,  has  complained  to  
this Court that you have resisted (or obstructed) the officer charged with the execution of the warrant for 
possession: 

You are hereby summoned to appear in this Court on the……………day of……………20……......... 

at………………A.M., to answer the said complaint. 

Given under my hand and the seal of the Court, this………………………day of…………20………. 
Judge. 

No. 41 
WARRANT OF COMMITTAL 
(O. 21, r. 98.)  
(Title) 

To 

The Officer in Charge of the Jail at………………............................................................... 
WHEREAS the under-mentioned property has been decreed to………………, the plaintiff in this suit, 
and whereas the Court is satisfied that…………………without any just cause resisted (or obstructed) and 
is still resisting (or obstructing) the said……….. …………….in obtaining possession of the property, and 
whereas the said……………..has made application to this Court that the said…………….be committed  
to the Civil prison; 

You are hereby commanded and required to take and receive the said…………………... into the civil 

prison and to keep him imprisoned therein for the period of………….days. 

GIVEN under my hand and the seal of the Court, this………….day of……………………20…….. 

Judge. 

311 

 
  
 
 
  
 
 
 
 
 
No. 42 

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

To 

SIR, 

(Title) 

      ..Collector of 

In answer to your communication No.………………., dated……………………..representing that the 
sale in execution of the decree in this suit of…………………………….land situate within your district is  
objectionable, I have the honour to inform you that you are authorised to make provision for the satisfaction of 
 the said decree in the manner recommended by you. 

                                                                                                                                                                                                      SIR, 

I have the honour to be, 

Your obedient servant 

Judge. 

312 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
... 

APPENDIX F 

SUPPLEMENTAL PROCEEDINGS 

  No. 1 
WARRANT OF ARREST BEFORE JUDGMENT 
(O. 38, r. 1.) 

(Title) 

To 

The Bailiff of the Court. 

WHEREAS………………………., the plaintiff in the above suit, claims the sum of Rs. ………… 

Principal 
Interest 

Costs 

TOTAL 

as noted in the margin, and has proved to the satisfaction of the Court 
that there is probable cause for believing that the defendant……………………….. 
is about to…………………………………..These are to command you to demand 
and receive from the said ………………………………………………..the sum of 
Rs…………………………………..as sufficient to satisfy the plaintiff's claim, and 
unless the said sum of Rs. ………………………………...is forthwith delivered to 
you by or on behalf of the said……………………………………………to take the 
said……………………………………………into custody, and to bring him before 
this Court, in order that he may show cause why he should not furnish 
security  to  the  amount  of  Rs.  ………………….for  his  personal 
appearance  before  the  Court,  until  such  time  as  the  said  suit  shall  be 
fully  and  finally  disposed  of,  and  until  satisfaction  of  any  decree  that 
may be passed against him in the suit. 

GIVEN under my hand and the seal of the Court, this……………………. Day of ……………20… 

No. 2 
SECURITY FOR APPEARANCE OF A DEFENDANT ARRESTED BEFORE JUDGMENT 

Judge. 

(O. 38, r. 2.) 

(Title) 

WHEREAS  at  the  instance  of……………….,  the  plaintiff  in  the  above  suit,                                          the 

defendant, has been arrested and brought before the Court; 

And whereas on the failure of the said defendant to show cause why he should not furnish security for 

his appearance, the Court has ordered him to furnish such security: 

Therefore I…………………have voluntarily become surety and do hereby bind myself, my heirs and 
executors, to the said Court, that the said defendant shall appear at any time when called upon while the 
suit is pending and until satisfaction of any decree that may be passed against him in the said suit; and in 
default of such appearance I bind myself, my heirs and executors, to pay to the said Court, at its order, 
any sum of money that may be adjudged against the said defendant in the said suit. 

Witness my hand at………………this……………day of………….20…….. 

(Signed.) 

Witnesses. 

1. 

2. 

313 

 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
SUMMONS TO DEFENDANT TO APPEAR ON SURETY’S APPLICATION FOR DISCHARGE 

No. 3 

(O . 38, r. 3.) 

(Title) 

To 

. . . . . . . . . . . . . . . . . . .  

. . . . . . . . . . . . . . . . . . .  

WHEREAS…………………………………, who became surety on the………………………day of………. 
20….for your appearance in the above suit, has applied to this Court to be discharged from his obligation.        

You are hereby summoned to appear in this Court in person on the…………………………...........day 

of………………20……at…….A. M., when the said application, will be heard and determined. 

GIVEN under my hand and the seal of the Court, this……………day of…………20….. 

Judge. 

No. 4 

ORDER FOR COMMITTAL 

(O. 38, r. 4.) 

(Title) 

T o  

. . . . . . . . . . . . . . . . . . .  

. . . . . . . . . . . . . . . . . . .  

WHEREAS……………………., plaintiff in this suit, has made application to the Court that security be 
taken for the appearance of…………………..., the defendant, to answer any judgment that may be passed 
against  him  in  the  suit;  and  whereas  the  Court  has  called  upon  the  defendant  to  furnish  such  security,  or  to  offer 
a sufficient deposit in lieu of security, which he has failed to do; it is ordered that the said defendant……  
be committed to the civil prison until the decision of the suit; or, if judgment be pronounced against him, 
until satisfaction of the decree. 

GIVEN under my hand and the seal of the Court, this………….day of…………….20……… 

Judge. 

ATTACHMENT BEFORE JUDGMENT, WITH ORDER TO CALL FOR SECURITY FOR FULFILMENT OF DECREE 

No. 5 

(O. 38, r. 5.) 

(Title) 

T o  

The Bailiff of the Court. 

WHEREAS……………….....has proved to the satisfaction of the Court that the defendant in the above 

suit………..; 

These are to command you to call upon the said defendant………………………………..on or before 
the…………….day of………………….20………………..either to furnish security for the sum of rupees 
……………to produce and place at the disposal of this Court when required……………………….……or  
the value thereof, or such portion of the value as may be sufficient to satisfy any decree that may be passed 

314 

 
 
against him; or to appear and show cause why he should not furnish security;   and you are further ordered 
to attach the said……………..and keep the same under safe and secure custody until the further order of 
the  Court;  and  you  are  further  commanded  to  return  this  warrant  on  or  before  the………………....day 
of……. 20……. , with an endorsement certifying the date on which and the manner in which it has been 
executed, or the reason why it has not been executed. 

GIVEN under my hand and the seal of the Court, this………………..day of…………20……….  

Judge.  

No. 6 

SECURITY FOR THE PRODUCTION OF PROPERTY  

(O. 38, r. 5.) 

(Title) 

WHEREAS at the instance of………………………., the plaintiff in the above suit, …………………... 
the defendant has been directed by the Court to furnish security in the sum of Rs……………………….to  
produce and place at the disposal of the Court the property specified in the schedule hereunto annexed; 

Therefore I……………………...have voluntarily become surety and do hereby bind myself, my heirs 
and  executors,  to  the  said  Court,  that  the  said  defendant  shall  produce  and  place  at  the  disposal  of  the  Court,  
when  required,  the  property  specified  in  the  said  schedule,  or  the  value  of  the  same,  or  such  portion  thereof  as  
may  be  sufficient  to  satisfy  the  decree;  and  in  default  of  his  so  doing,  I  bind  myself,  my  heirs  and  executors,  to  
pay to the said Court, at its order, the said sum of Rs…………………or such sum not exceeding the said  
sum as the said Court may adjudge. 

Witness my hand at…………………..this…………..day of……………………..20……… 

Schedule 

(Signed.) 

Witnesses. 

1.  

       2. 

ATTACHMENT BEFORE JUDGMENT, ON PROOF OF FAILURE TO FURNISH SECURITY 

No. 7 

(O. 38, r. 6.) 

(Title) 

T o  

The Bailiff of the Court. 

WHEREAS……………………, the plaintiff in this suit, has applied to the Court to call upon…….. 
the  defendant,  to  furnish  security  to  fulfil  any  decree  that  may  be  passed  against  him  in  the  suit,  and  whereas  
the Court has called upon the said………………………….to furnish such security, which he has failed to 
do;  these  are  to  command  you  to  attach…………..,  the  property  of  the  said……….,  and  keep  the  
same under  safe  and secure  custody  until  the  further  order  of  the Court,  and you  are further  commanded to 
return this warrant on or before the…………..day of…………….20………………………………with an  
endorsement  certifying  the  date  on  which  and  the  manner  in  which  it  has  been  executed,  or  the  reason  why  it  
has not been executed. 

GIVEN under my hand and the seal of the Court, this……………….day of…………20……… 

Judge. 

315 

 
  
 
No. 8  
TEMPORARY INJUNCTIONS  
(O. 39, r. 1.) 

(Title) 

Upon motion made unto this Court by……………Pleader of [or Counsel for] the plaintiff A. B., and 
upon  reading  the  petition  of  the  said  plaintiff  in  this  matter  filed  [this  day]  [or  the  plaint  filed  in  this  suit  on  the 
………………………day  of……………………,  or  the  written  statement  of  the  said  plaintiff  filed  on 
the……………day of………..] and upon hearing the evidence of…………and………………...in support 
thereof [if after notice and defendant not appearing : add, and also, the evidence of  ……………………as  to  
service of notice of this motion upon the defendant C. D.]: This Court doth order that an injunction be awarded 
to restrain the defendant C. D. his servants, agents and workmen, from pulling down, or suffering to be pulled 
down, the house in the plaint in the said suit of the plaintiff mentioned [or in the written statement, or petition, of 
the  plaintiff  and  evidence  at  the  hearing  of  this  motion  mentioned],  being  No.  9,  Oilmongers  Street,  Hindupur, 
in a Taluk of………….. ,  and  from  selling  the  materials  where  of  the  said  house  is  composed,  until  the  
hearing of this suit or until the further order of this Court. 

Dated this………………….day of………….20……. 

Judge. 

[Where the injunction is sought to restrain the negotiation of a note or bill, the ordering part of the 

order may run thus:—] 

………………to restrain the defendant…………….. and……………………..from parting without of 
the custody of them or any of them or endorsing, assigning or negotiating the promissory note [or bill of 
exchange] in question dated on or about the…………, etc., mentioned in the plaintiff's plaint [or petition]  
and the evidence heard at this motion until the hearing of this suit, or until the further order of this Court. 

[In Copyright cases]……………to restrain the defendant C.D., his servants, agents or workmen from 

printing, publishing or vending a book, called……………………..or any part thereof, until the, etc. 

[Where part only of a book is to be restrained] 

.………….to  restrain  the  defendant  C.D.,  his  servants,  agents  or  workmen,  from  printing,  publishing, 
selling or otherwise disposing of such parts of the book in the plaint [or petition and evidence, etc.] mentioned 
to  have  been  published  by  the  defendant  as  hereinafter  specified,  namely,  that  part  of  the  said  book  which  is 
entitled………..and also that part which is entitled…………………….................[or which is contained in 
page………..to page both inclusive] until ……………….., etc. 

[In Patent cases]……………..to restrain the defendant C. D., his agents, servants and workmen, from 
making or vending any perforated bricks [or as the case maybe] upon the principle of the inventions in 
the plaintiff's plaint [or petition, etc., or written statement, etc.,] mentioned, belonging to the plaintiffs, or either of 
them, during the remainder of the respective terms of the  patents in the plaintiff's plaint [or as the case may be] 
mentioned,  and  from  counterfeiting,  imitating  or  resembling  the  same  inventions,  or  either  of  them,  or  making  
any addition thereto, or subtraction therefrom, until the hearing, etc. 

[In cases of Trade marks]……………to restrain the defendant C.D., his servants, agents or workmen, 
from selling, or exposing for sale, or procuring to be sold, any composition or blacking [or as the case may be] 
described as or purporting to be blacking manufactured by the plaintiff A.B., in bottles having affixed thereto 
such labels as in the plaintiff's plaint [or petition, etc.] mentioned, or any other labels so contrived or expressed 
as, by colourable imitation or otherwise, to represent the composition or blacking sold by the defendant to be 
the  same  as  the  composition  or  blacking  manufactured  and  sold  by  the  plaintiff  A.B.,  and  from  using  trade-cards  

316 

 
  
  
so contrived or expressed as to represent that any composition or blacking sold or proposed to be sold by the 
defendant is the same as the composition or blacking manufactured or sold by the plaintiff A. B. until the etc. 

[To restrain a partner from in any way interfering in the business] 

to  restrain  the  defendant  C.D.,  his  agents,  and  servants,  from  entering  into  any  contract,  and  from 
accepting, drawing, endorsing or negotiating any bill of exchange, note or written security in the name of the 
partnership-firm  of  B.  and  D.,  and  from  contracting  any  debt,  buying  and  selling  any  goods,  and  from  making  or  
entering into any verbal or written promise, agreement or undertaking, and from doing, or causing to be done, 
any act, in the name or on the credit of the said partnership-firm of B. and D., or whereby the said partnership-
firm  can  or  may  in  any  manner  become  or  be  made  liable  to  or  for  the  payment  of  any  sum  of  money,  or  for  the 
performance of any contract, promise or undertaking until the, etc. 

No.  1[9] 

APPOINTMENT OF A RECEIVER  
(O . 40,  r. 1.)  
(Title) 

T o  

. . . . . . . . . . . . . . . . . . .  

. . . . . . . . . . . . . . . . . . .  

WHEREAS……………….has been attached in execution of a decree passed in the above suit on the........... 
day  of…………….20……..,  in  favour  of……….;  You  are  hereby  (subject  to  your  giving  security  
to  the  satisfaction  of  the  Court)  appointed  receiver  of  the  said  property  under  Order  XL  of  the  Code  of  Civil 
Procedure, 1908, with full powers under the provisions of that Order. 

You  are  required  to  render  a  due  and  proper  account  of  your  receipts  and  disbursements  in  respect  of  the  
said property on ............You will be entitled to remuneration at the rate of…………………per cent. upon  
your receipts under the authority of this appointment. 

GIVEN under my hand and the seal of the Court, this…………..day of……….20 

Judge. 

No. 2[10] 

BOND TO BE GIVEN BY RECEIVER 

(O. 40, r. 3.)  
(Title) 

KNOW all men by these presents, that we,……… and……………..and………………., are jointly and 
severally bound to…………..of the Court of………in Rs…………….. 
to  be  paid  to  the  said………or  
his successor in office for the time being. For which payment to be made we bind ourselves, and each of us, in  
the whole, our and each of our heirs, executors and administrators, jointly and severally, by these presents. 

Dated this…………..day of……………20………..    

WHEREAS a plaint has been filed in the Court by……….against……………for the purpose of [here 

insert the object of suit]: 

1. The number of the Form, originally misprinted as 6, was corrected by Act 10 of 1914, s. 2 and the First Sch. 
2. The number of the Form, originally misprinted as 7, was corrected by Act 10 of 1914, s. 2 and the First Sch. 

317 

 
 
 
                                                      
And whereas the said……………….has been appointed, by order of the above-mentioned Court, to 
receive the rents and profits of the immovable property and to get in the outstanding movable property 
of……………..in the said plaint named: 

Now the condition of this obligation is such, that if the above-bounden………shall duly account for 
all and every the sum and sums of money which he shall so receive on account of the rents and profits of 
the  immovable  property,  and  in  respect  of  the  movable  property,  of  the  said….......at  such  periods  as  the  said  
Court shall appoint, and shall duly pay the balances which shall from time to time be certified to be due from him 
as  the  said  Court  hath  directed  or  shall  hereafter  direct,  then  this  obligation  shall  be  void,  otherwise  it  shall  
remain in full force. 

Signed and delivered by the above-bounden in the presence of…………………… 

NOTE.—If  deposit  of  money  is  made,  the  memorandum  thereof  should  follow  the  terms  of  the 

condition of the bond. 

318 

 
APPENDIX G 

APPEAL, REFERENCE AND REVIEW 

No. 1 

MEMORANDUM OF APPEAL 

(O. 41, r. 1.) 

(Title) 

The...............................................above-named  appeals  to  the……………………………………... 
Court at…………………from the decree of……………in Suit No………………of…………….. 20…… 
dated the……………….day of………………20………,and sets forth the following grounds of objection  
to the decree appealed from, namely:—  

SECURITY BOND TO BE GIVEN ON ORDER BEING MADE TO STAY EXECUTION OF DECREE 

No. 2 

(O. 41, r. 5.) 

(Title) 

To 

. . . . . . . . . . . . . . . . . . .  

. . . . . . . . . . . . . . . . . . .  

This security bond on stay of execution of decree executed by………………………...witnesseth:— 
That……….., the plaintiff in Suit No.…………………of............................20...……………having sued 
……………….. , the defendant, in this Court and a decree having been passed on the……………….day 
of………………20……, in favour of the plaintiff, and the defendant having preferred an appeal from the 
said decree in the……… Court, the said appeal is still pending. 

Now the plaintiff decree-holder having applied to execute the decree, the defendant has made an application 
praying  for  stay  of  execution  and  has  been  called  upon  to  furnish  security.  Accordingly  I,  of  my  own  free  will, 
stand security to the extent of Rs. ………………..,mortgaging  the  properties  specified  in  the  schedule  
hereunto annexed, and covenant that if the decree of the first Court be confirmed or varied by the Appellate 
Court 'the said defendant shall duly act in accordance with the decree of the Appellate Court and shall pay 
whatever may be payable by him thereunder, and if he should fail therein then any amount so payable shall 
be realized from the properties hereby mortgaged, and if the proceeds of the sale of the said properties are 
insufficient  to  pay  the  amount  due,  I  and  my  legal  representatives  will  be  personally  liable  to  pay  the  balance. 
To this effect I execute this security bond this………..day of………………20………. 

Schedule 

(Signed.) 

Witnessed by 

1. 

2. 

319 

 
 
 
  
No. 3 
SECURITY BOND TO BE GIVEN DURING THE PENDENCY OF APPEAL 
(O. 41, r. 6.) 
(Title) 

T o 

    . . . . . . . . . . . . . . . . . . .  
    . . . . . . . . . . . . . . . . . . .  
THIS security bond on stay of execution of decree executed by witnesseth:— 
That………………., 

in  Suit  No……………………of……………………20……. 
having  sued………………,  defendant,,  in  this  Court  and  a  decree  having  been  passed  on  the 
………………….day of ……………………….20……in favour of the plaintiff, and the defendant having 
preferred an appeal from the said decree in the................. Court, the said appeal is still pending. 

the  plaintiff 

Now the plaintiff decree-holder has applied for execution of the said decree and has been called upon to 
furnish security. Accordingly I, of my own free will, stand security to the extent of Rs……………...………,  
mortgaging the properties specified in the schedule hereunto annexed, and covenant that if the decree of the 
first  Court  be  reversed  or  varied  by  the  Appellate  Court,  the  plaintiff  shall  restore  any  property  which  may  be  
or has been taken in execution of the said decree and shall duly act in accordance with the decree of the 
Appellate  Court  and  shall  pay  whatever  may  be  payable  by  him  thereunder,  and  if  he  should  fail  therein  then 
any  amount  so  payable  shall  be  realised  from  the  properties  hereby  mortgaged,  and  if  the  proceeds  of  the  sale  
of  the  said  properties  are  insufficient  to  pay  the  amount  due,  I  and  my  legal  representatives  will  be  personally  
liable  to  pay  the  balance.  To  this  effect  I  execute  this  security  bond  this……………………day  of 
……………….20……. 

Schedule 

(Signed.) 

Witnessed by 
1. 
2. 

To 

. . . . . . . . . . . . . . . . . . .  
. . . . . . . . . . . . . . . . . . .  

No. 4 
SECURITY FOR COSTS OF APPEAL 
 (O. 41, r. 10.) 
(Title) 

    This security bond for costs of appeal executed by……………….witnesseth:— 
    This appellant has preferred an appeal from the decree in Suit No. …………………………………of 
…………………20……, against the respondent, and has been called upon to furnish security. Accordingly  
I, of my own free will, stand security for the costs of the appeal, mortgaging the properties specified in the 
schedule hereunto annexed. I shall not transfer the said properties or any part thereof, and in the event of any 
default  on  the  part  of  the  appellant,  I  shall  duly  carry  out  any  order  that  may  be  made  against  me  with  regard  to  
payment  of  the  costs  of  appeal.  Any  amount  so  payable  shall  be  realised  from  the  properties  hereby  mortgaged,  
and if the proceeds of the sale of the said properties are insufficient to pay the amount due I and my legal 
representatives will be personally liable to pay the balance. To this effect, I execute this security bond this 
………………….day of…………….20…….. 

Witnessed by 

Schedule 

1. 
2. 

                                                                                                                                  (Signed.) 

320 

 
  
  
INTIMATION TO LOWER COURT OF ADMISSION OF APPEAL 

No. 5 

(O. 41, r. 13.) 

(Title) 

T o  

. . . . . . . . . . . . . . . . . . .  

. . . . . . . . . . . . . . . . . . .  

You are hereby directed to take notice that……………………, the………………….........in the above 
suit, has preferred an appeal to this Court from the decree passed by you therein on the…………............... 
day of…………………..20…………. 

You are requested to send with all practicable despatch all material papers in the suit. 

Dated the………………day of………………..20………………. 

NOTICE TO RESPONDENT OF THE DAY FIXED FOR THE HEARING OF  THE APPEAL 

No. 6 

Judge. 

(O. 41, r. 14.)  
(Title) 

Appeal from the……………of the Court…………………………..of………………………....... 

dated……………………the……………………..day of…………….20……… 

T o  

Take notice that an appeal from the decree of………………………………in this case has been presented 
by…………………………………and  registered  in  this  Court,  and  that  the…………day  of……… 
20……….. has been fixed by this Court for the hearing of this appeal. 

If no appearance is made on your behalf by yourself, your pleader, or by some one by law authorised 

to act for you in this appeal, it will be heard and decided in your absence. 

GIVEN under my hand and the seal of the Court, this…………day of……………………20...... 

      Respondent  

Judge. 

[NOTE—If a stay of execution has been ordered intimation should be given of the fact on this notice.] 

NOTICE TO A PARTY TO A SUIT NOT MADE, A PARTY TO THE APPEAL BUT JOINED BY THE COURT AS A 
RESPONDENT 

No. 7 

T o  

. . . . . . . . . . . . . . . . . . .  

. . . . . . . . . . . . . . . . . . .  

(O. 41, r. 20.)  
(Title) 

321 

 
  
  
         
 
 
 
 
 
 
 
 
 
 
 
WHEREAS you were a party in Suit No…………………….of…………………20………, in the Court 
of,………………………., and whereas the…………………has preferred an appeal to this Court from the  
decree  passed  against  him  in  the  said  suit  and  it  appears  to  this  Court  that  you  are  interested  in  the  result of the  
said appeal: 

This  is  to  give  you  notice  that  this  C ourt  has  directed  you  to  be  made  a  respondent  in   the  
said appeal and has adjourned the hearing thereof till the…………………….day of……………..20……., 
at…….. A.  M. If no appearance  is made on  your behalf on the  said day and at the said  hour the appeal  will be  
heard and decided in your absence. 

GIVEN under my hand and the seal of the Court, this…………..day of…………….20……….……….  

Judge.    

No. 8 

MEMORANDUM OF CROSS OBJECTION 

(O. 41, r. 22.) 

(Title) 

WHEREAS  the………………has  preferred  an  appeal  to  the…………………Court…………… 
at…………from 
the  decree  of…………in  Suit  No………………………of……………20………. 
dated the……………… day of…………………………..20………………, and whereas notice of the day 
fixed for hearing the appeal was served………………………………..on the………………………….day 
of……………………20……….., the 
rule  
22 of Order XLI of the Code of Civil Procedure, 1908, and sets forth the following grounds of objection 
to the decree appealed from, namely:—  

this  memorandum  of  cross  objection  under 

files 

No. 9 

DECREE IN APPEAL 

(O. 41, r. 35.) 

(Title) 

Appeal  No.  …………………….of  ...........20…..............................from  the  decree  of  the  Court  of 

………………..dated the……………….day of……………………20…………..   

Memorandum of Appeal. 

versus 

Plaintiff. 

Defendant. 

The………………………..above-named appeals to the…………………….Court at……….........from 
the  decree  of………………….in  the  above  suit  dated  the……………………….day  of…………… 
20…………., for the following reasons, namely:— 

This appeal coming on for hearing on the…..……………..day of…………….20…………….., before 
in  the  presence  of………….or  the  appellant  and  of……………………….for  the  respondent,  it  is  
ordered— 

The costs of this appeal, as detailed below, amounting to Rs…………………………..are to be paid 

by………………………The cost of the original suit are to be paid by……………………….. 

GIVEN under my hand this………………………..day of………………………20………….   

Judge. 

322 

 
 
 
Costs of Appeal 

Appellant 

Amount 

Respondent 

Amount 

1. Stamp for memorandum of appeal…  

Rs.  A.  P.  Stamp for power………   

Rs. 

A.  P. 

2. Do. for power………… 

3. Service of processes……….     

4. Pleader's fee on Rs. …………..

Do. for petition…….. 

Service of processes…..   

Pleader’s fee on Rs. .…..  

TOTAL   

TOTAL   

No. 10 

APPLICATION TO APPEAL IN forma pauperis 

(O. 44, r. 1.) 

(Title) 

I…………………the…………………………………………above-named, present the accompanying 

memorandum of appeal from the decree in the above suit and apply to be allowed to ap peal as a pauper. 

Annexed is a full and true schedule of all the movable and immovable property belonging to me with 

the estimated value thereof. 

Dated the…………………….day of…………………..20………………. 

(Signed.) 

[NOTE.—Where the application is by the plaintiff he should state whether he applied and was allowed to 
sue in the Court of first instance as a pauper.] 

No. 11 

NOTICE OF APPEAL IN forma pauperis 

(O. 44, r. 1.) 

(Title) 

WHEREAS the above-named…………………………...has applied to be allowed to appeal as a pauper 
from the decree in the above suit dated the…………………..day of…………........... 20…..……………… 
and whereas the……………………day of……………20…………………….., has been fixed for hearing  
the  application,  notice  is  hereby  given  to  you  that  if  you  desire  to  show  cause  why  the  applicant  should  not  be 
allowed to appeal as a pauper an opportunity will be given to you of doing so on the afore-mentioned date. 

GIVEN under my hand and the seal of the Court, this…………….day of………………………..20.... 

Judge. 

323 

 
 
 
 
  
 
  
  
  
  
  
  
 
 
  
 
  
NOTICE TO SHOW CAUSE WHY A CERTIFICATE OF APPEAL TO THE 1[SUPREME COURT] SHOULD NOT BE GRANTED 

No. 12 

(O. 45, r. 3.) 

(Title) 

T o  

. . . . . . . . . . . . . . . . . . .  

. . . . . . . . . . . . . . . . . . .  

2[TAKE notice that…………………………………………………………………….has applied to this 

Court for a certificate—  

(i) that the case involves a substantial question of law of general importance, and 

(ii) that in the opinion of this Court the said question needs to be decided by the Supreme Court.]  

The ……………………………day of…………………..20……….is fixed for you to show cause why 

the Court should not grant the certificate asked for. 

GIVEN under my hand and the seal of the Court, this…………….day of…………………………20.... 

Registrar. 

NOTICE TO RESPONDENT OF ADMISSION OF APPEAL TO THE 1[SUPREME COURT] 

No. 13 

(O. 45, r. 8.) 

(Title) 

T o  

. . . . . . . . . . . . . . . . . . .  

. . . . . . . . . . . . . . . . . . .  

WHEREAS…………………………………., the………………..in the above case, has furnished the security 

and made the deposit required by Order XLV, rule 7, of the Code of Civil Procedure, 1908: 

Take notice that the appeal of the said………………………to 3[the Supreme Court] has been 

admitted on the…………………day of…………………20……… 

GIVEN under my hand and the seal of the Court, this…………….. day of…………………..……20… 

Registrar. 

1. Subs. by the A.O. 1950, for “KING IN COUNCIL”. 
2. Subs. by Act 49 of 1973, s. 4, for the former paragraph. 
3. Subs. by the A.O. 1950, for “His Majesty in Council”. 

324 

 
 
  
 
 
 
 
 
 
 
                                                      
NOTICE TO SHOW CAUSE WHY A REVIEW SHOULD NOT BE GRANTED 

No. 14 

(O. 47, r. 4.) 

(Title) 

T o  

TAKE notice that…………………………has applied to this Court for a review of its decree passed on 
the………………………day of……………………………. 20…………………… in the above case. The 
……………….day of……………………..20…………………fixed for you to show cause why the Court  
should not grant a review of its decree in this case. 

GIVEN under my hand and the seal of the Court, this…………….. day of…………………….20.... 

Judge. 

325 

 
 
 
 
APPENDIX H 

MISCELLANEOUS 

No. 1 

AGREEMENT OF PARTIES AS TO ISSUES TO BE TRIED 

(O. 14, r. 6.) 

(Title) 

WHEREAS  we,  the  parties  in  the  above  suit,  are  agreed  as  to  the  question  of  fact  [ or  of  law]  to  be 
decided  between  us  and  the  point  at  issue  between  us  is  whether  a  claim  founded  on  a  bond,  dated   the  day 
of……………………….20…………………….and  filed  as  Exhibit………………………..in  the  said  
suit, is or is not beyond the statute of limitation (or state the point at issue whatever it may be): 

We  therefore  severally  bind  ourselves  that,  upon  the  finding  of  the  Court  in  the  negative  [ or  affirmative]  
of  such  issue,…………………….will  pay  to  the  said…………..the  sum  of  Rupees…………………. 
(or  such sum as the Court shall hold to be due thereon), and I, the said……………… , will accept the 
said  sum  of  Rupees………………..(or  such  sum  as  the  Court  shall  hold  to  be  due)  in  full  satisfaction 
of  my  claim  on  the  bond  aforesaid  [or  that  upon  such  finding  I,  the  said…………………..,  will  do  or 
abstain from doing, etc., etc.] 

               versus  

Witnesses:— 

Plaintiff. 

Defendant. 

1. 
2. 
 Dated the……………………………….day of……………………20…………….. 

No. 2 
NOTICE OF APPLICATION FOR THE TRANSFER OF A SUIT TO ANOTHER COURT FOR TRIAL 
(Section 24.) 
In the Court of the District Judge of………………………..No………………………of.......20…….

To 

WHEREAS an application, dated the………………….day of……………………….20…………..., has 
been made to this Court by…………….the………………………….in Suit No…………………………of 
20……………now pending in the Court of the…………at………………………………………..in which 
…………………is plaintiff and…………………………...is defendant, for the transfer of the suit for trial 
to the Court of the……………….at…………………….:— 

You are hereby informed that the……………..day of……………………20…………………has been 

fixed for the hearing of the application, when you will be heard if you desire to offer any objection to it. 

GIVEN under my hand and the seal of the Court, this………….day of………………………20………

Judge. 

1[No. 2A 
LIST OF WITNESSES PROPOSED TO BE CALLED BY PLAINTIFF/DEFENDANT 
(O. XVI, r. 1.) 

Name of the party  
which proposes to  
call the witness 

Name and address  
of the witness 

Remarks] 

1. Ins. by Act 104 of 1976, s. 96 (w.e.f. 1-2-1977). 

326 

 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
 
  
 
 
                                                      
No. 3 
NOTICE OF PAYMENT INTO COURT 
(O. 24, r.2.) 
(Title) 

TAKE notice that the defendant has paid into Court Rs. …………………….and says that that sum is 

sufficient to satisfy the plaintiff's claim in full. 

X Y, Pleader for the defendant. 

To Z., Pleader for the plaintiff. 

No. 4 
NOTICE To SHOW CAUSE (GENERAL FORM) 
(Title) 

T o  

WHEREAS the above-named………………………………………...has made application to this Court 

that……………………….; 

You  are  hereby  warned  to  appear  in  this  Court  in  person  or  by  a  pleader  duly  instructed  on  the 
…................................day of…………………20......, at……..O’clock in the forenoon, to show cause  
against the application, failing wherein, the said application will be heard and determined ex parte. 

GIVEN  under  my  hand  and  the  seal  of  the  Court,  this………………day  of……….20………….

No. 5  

LIST OF DOCUMENTS PRODUCED BY 
(O. 13, r. 1.) 

J u d g e .  

PLAINTIFF 

DEFENDANT 

No.  Description of document. 

1 

2 

(Title) 
Date, if any which 
the document bears. 
3 

Signature of party or pleader. 

4 

No. 6  
NOTICE TO PARTIES OF THE DAY FIXED FOR EXAMINATION OF A WITNESS ABOUT TO LEAVE THE JURISDICTION  
(O. 18, r. 16.)  
(Title) 

To 

Plaintiff (or defendant). 

................................. 
................................. 
WHEREAS in the above suit application has been made to the Court by………………………...that the 
examination of…………………, a witness required by the said…………………………..., in the said suit  
may  be  taken  immediately;  and  it  has  been  shown  to  the  Court's  satisfaction  that  the  said  witness  is  about  to  
leave the Court's jurisdiction (or any other good and sufficient cause to be stated); 

Take notice that the examination of the said witness………………………will be taken by the Court 

on the……………………day of……………………………20…………    

Dated the…………day of…………………………………….20………….. 

J u d g e .  

327 

 
  
 
  
 
 
 
 
  
 
No. 7 
COMMISSION TO EXAMINE ABSENT WITNESS 
(O. 26, rr. 4, 18.) 
(Title) 

WHEREAS  the  evidence  of………………………………………is  required  by  the………………. 
in the above suit; and whereas……………………………………..; you are requested to take the evidence 
on interrogatories [or viva voce] of such witness……………………………………………….and you are 
hereby  appointed  Commissioner  for  that  purpose.  The  evidence  will  be  taken  in  the  presence  of  the  parties  or  
their agents if in attendance, who will be at liberty to question the witness on the points specified, and you 
are further requested to make return of such evidence as soon as it may be taken. 

Process to compel the attendance of the witness will be issued by any Court having jurisdiction on 

your application. 

A sum of Rs……………………., being your fee in the above, is herewith forwarded. 
GIVEN under my hand and the seal of the Court, this.…………………day of……………….20……... 
Judge. 

No. 8 
LETTER OF REQUEST 
(O. 26, r.5.) 
(Title) 

(Heading:—To the President and Judges of, etc., etc., or as the case may be.) 
WHEREAS a suit is now pending in the………………………………………………...in which A. B. is 

plaintiff and C.D. is defendant; And in the said suit the plaintiff claims. 

(Abstract of claim.) 

And whereas it has been represneted to the said Court that it is necessary for the purposes of justice and 
for  the  due  determination  of  the  matters  in  dispute  between  the  parties,  that  the  following  persons  should  be 
examined as witnesses upon oath touching such matters, that is to say: 

E. F., of 
G. H., of      

I. J., of 

and 

And it appearing that such witnesses are resident within the jurisdiction of your honourable Court;  
Now  I………………………………….,  as  the……………………………….  of  the  said  Court,  have 
the  honour  to  request,  and  do  hereby  request,  that  for  the  reasons  aforesaid  and  for  the  assistance  of  the  said  
Court,  you,  as  the  President  and  Judges  of  the  said……………….or  some  one  or  more  of  you,  will  
be pleased to summon the said witness (and such other witnesses as the agents of the said plaintiff and 
defendant  shall  humbly,  request  you  in  writing  so  to  summon)  to  attend  at  such  time  and  place  as  you  shall  
appoint  before  some  one  or  more  of  you  or  such  other  person  as  according  to  the  procedure  of  your  Court  is 
competent  to  take  the  examination  of  witnesses,  and  that  you  will  cause  such  witnesses  to  be  examined  upon  
the  interrogatories  which  accompany  this  letter  of  request  (or  viva  voce)  touching  the  said  matters  in 
question  in  the  presence  of  the  agents  of  the  plaintiff  and  defendant,  or  such  of  them  as  shall,  on  due  notice  
given, attend such examination. 

And  I  further  have  the  honour  to  request  that  you  will  be  pleased to  cause  the  answers  of  the  said 
witnesses  to  be  reduced  into  writing,  and  all  books,  letters,  papers and  documents  produced  upon such 
examination to be duly marked for identification, and that you will be further pleased to authenticate such 
examination by the seal of your tribunal, or in such other way as is in accordance with your procedure, and to return 
the  same,  together  with  such  request  in  writing,  if  any,  for  the  examination  of  other  witnesses  to  the  said  
Court. 

Note.—If  the  request  is  directed  to  a  Foreign  Court,  the  words  “through  1[the  Ministry  of  External  Affairs  
of the Government of India] for transmission” should be inserted after the words “other witnesses” in the 
last line of this form. 

1. Subs. by the A. O. 1950, for “His Majesty’s Secretary of State for Foreign Affairs”. 

328 

 
 
 
 
 
 
 
 
 
 
                                                                                              
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
No. 9 
COMMISSION FOR A LOCAL INVESTIGATION, OR TO EXAMINE ACCOUNTS 
(O. 26, rr. 9,11.) 
(Title) 

T o  

WHEREAS it is deemed requisite, for the purposes of this suit, that a commission for......................... 

should be issued; You are hereby appointed Commissioner for the purpose of............................................ 

Process to compel the attendance before you of any witnesses, or for the production of any documents 
whom or which you may desire to examine or inspect, will be issued by any Court having jurisdiction on 
your application. 

A sum of Rs...................................... , being your fee in the above, is herewith forwarded. 

GIVEN  under  my  hand  and  the  seal  of  the  Court,  this.............................day  of............................20

Judge. 

No. 10 
COMMISSION TO MAKE A PARTITION  
(O. 26, r. 13.) 
(Title) 

To 

WHEREAS  it is  deemed requisite  for  the  purposes  of  this  suit  that  a  commission should  be issued to 
make the partition or separation of the property specified in, and according to the rights as declared in, the 
decree of this Court, dated the.............................. day of.........................................20......................;You are 
hereby  appointed  Commissioner  for  the  said  purpose  and  are  directed to  make  such  inquiry  as  may  be 
necessary, to divide the said property according to the best of your skill and judgment in the shares set out 
in the said decree, and to allot such shares to be several parties. You are hereby authorized to award sums 
to be paid to any party by any other party for the purpose of equalizing the value of the shares. 

Process to compel the attendance before you of any witness, or for the production of any documents, 
whom or which you may desire to examine or inspect, will be issued by any Court having jurisdiction on 
your application. 

A sum of Rs................, being your fee in the above, is herewith forwarded. 
GIVEN under my hand and the seal of the Court, this........................... day of............................ 20. 

Judge. 

329 

 
         
 
 
 
 
         
 
 
 
 
 
 
 
 
 
1[No.11 
NOTICE TO CERTIFICATED, NATURAL, OR, de facto GUARDIAN 
(O. XXXII, r. 3.) 
(Title) 
(Certificated/Natural/de facto Guardian) 

To 

WHEREAS  an  application  has  been  presented  on  the  part  of  the  plaintiff*/on  behalf  of  the  minor 
defendant*/in  the  above  suit  for  the  appointment  of  a  guardian  for  the  suit  for  the  minor 
defendant.............,  you  (insert  the  name  of  the  guardian  appointed  or  declared  by  Court,  or  natural 
guardian,  or  the  person  in  whose  care  the  minor  is)  are  hereby  required  to  take  notice  that  unless  you 
appear  before  this  Court  on  or  before  the  day  appointed  for  the  hearing  of  the  case  and  stated  in  the 
appended summons, and express your consent to act as guardian for the suit for the minor, the Court will 
proceed to appoint some other person to act as a guardian for the minor, for the purposes of the said suit. 
GIVEN under my hand and the seal of the Court, this...........................  day of............................. 20. 

Judge. 

No. 11A 
NOTICE TO MINOR DEFENDANT 
(Order XXXII, r. 3.) 
(Title) 

T o  

 Minor Defendant 

WHEREAS  an  application  has  been  presented  on  the  part  of  the  plaintiff  in  the  above  suit  for  the 
appointment of..............................* as guardian for the suit for you, the minor defendant, you are hereby 
the....................day 
required 
of..........20......................at......................O’clock  in  the  forenoon  to  show  cause  against  the  application, 
failing which the said application will be heard and determined ex parte. 

in  person  on 

take  notice 

this  Court 

appear 

to 

in 

to 

GIVEN under my hand and the seal of the Court, this ...................... day of ................... 20 .....  

Judge.] 

No. 12 
NOTICE TO OPPOSITE PARTY OF DAY FIXED FOR HEARING EVIDENCE OF PAUPERISM 
(O. 33, r.6.) 
(Title) 

To 

WHEREAS .. ............................................................................................................................................. 
has applied to this Court for permission to institute a suit against..........................in forma pauper is under 
Order XXXIII of the Code of Civil Procedure, 1908; and whereas the Court sees no rea son to reject 
the  application;  and  whereas  the.........day  of...........20.....................has  been  fixed  for  receiving  such  
evidence as the applicant may adduce in proof of his pauperism and for hearing any evidence which may 
be adduced in disproof thereof: 

Notice is hereby given to you under rule 6 of Order XXXIII that in case you may wish to offer any 
evidence to disprove the pauperism of the applicant, you may do so on appearing in this Court on the said 
..................day of ................ 20 . 

GIVEN under my hand and the seal of the Court, this ...................... day of ..................... 20 . 

Judge. 

*Strike off the words which are not applicable. 
1. Subs. by Act 104 of 1976, s. 96, for Form 11 (w.e.f. 1-2-1977). 

330 

 
   
 
 
 
 
 
 
 
 
 
 
                                                      
No. 13 
NOTICE TO SURETY OF HIS LIABILITY UNDER A DECREE 
(Section 145) 
(Title) 

To 

........................... 
........................... 

WHEREAS you..........................................did on.............................................become liable as surety for the 
performance  of  any  decree  which  might  be  passed  against  the  said.............................defendant  in  the 
above suit; and whereas a decree was passed on the........day of..........................20...........................against 
the  said  defendant  for  the  payment  of..........................................................and  whereas  application  has 
been made for execution of the said decree against you: 

Take notice that you are hereby required on or before the................... day of............................ 20...... 
to show cause why the said decree should not be executed against you, and if no sufficient cause shall be, 
within the time specified, shown to the satisfaction of the Court, an order for its execution will be 
forthwith issued in the terms of the said application. 

GIVEN under my hand and the seal of the Court, this........................... day of................ 20. 

Judge. 

331 

 
 
 
 
 
 
 
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333 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1[APPENDIX-I  
STATEMENT OF TRUTH  

(Under First Schedule, Order VI- Rule 15A and Order XI- Rule 3)  

I ----- the deponent do hereby solemnly affirm and declare as under:  

1. I am the party in the above suit and competent to swear this affidavit.  

2.  I  am  sufficiently  conversant  with  the  facts  of  the  case  and  have  also  examined  all  relevant 

documents and records in relation thereto.  

3. I say that the statements made in -----paragraphs are true to my knowledge and statements made in -
----paragraphs are based on information received which I believe to be correct and statements made in ---
paragraphs are based on legal advice.  

4. I say that there is no false statement or concealment of any material fact, document or record and I 

have included information that is according to me, relevant for the present suit.  

5.  I  say  that  all  documents  in  my  power,  possession,  control  or  custody,  pertaining  to  the  facts  and 
circumstances of the proceedings initiated by me have been disclosed and copies thereof annexed with the 
plaint, and that I do not have any other documents in my power, possession, control or custody.  

6. I say that the above-mentioned pleading comprises of a total of ----- pages, each of which has been 

duly signed by me.  

7. I state that the Annexures hereto are true copies of the documents referred to and relied upon by me.  

8. I say that I am aware that for any false statement or concealment, I shall be  liable for action taken 

against me under the law for the time being in force.  

Place:  

Date:  

VERIFICATION 

I,  ……………………….  do  hereby  declare  that  the  statements  made  above  are  true  to  my 

knowledge.  

Verified at [place] on this [date]  

DEPONENT  

DEPONENT.]

1. Ins. by Act 28 of 2018, s. 18 (w.e.f. 23-10-2015). 

334 

 
 
 
 
 
 
                                                      
STATE AMENDMENT 

Jammu and Kashmir and Ladakh (UTs).— 

After Appendix H, insert the following Appendix, namely:— 

APPENDIX-I  

STATEMENT OF TRUTH  

(Under First Schedule, Order VI- Rule 15A and Order XI- Rule 3) 

I ----- the deponent do hereby solemnly affirm and declare as under:  

1. I am the party in the above suit and competent to swear this affidavit.  

2.  I  am  sufficiently  conversant  with  the  facts  of  the  case  and  have  also  examined  all  relevant 

documents and records in relation thereto.  

3.  I  say  that  the  statements  made  in  -----paragraphs  are  true  to  my  knowledge  and  statements  made           
in -----paragraphs are based on information received which I believe to be correct and statements made             
in ---paragraphs are based on legal advice.  

4. I say that there is no false statement or concealment of any material fact, document or record and I 

have included information that is according to me, relevant for the present suit.  

5.  I  say  that  all  documents  in  my  power,  possession,  control  or  custody,  pertaining  to  the  facts  and 
circumstances of the proceedings initiated by me have been disclosed and copies thereof annexed with the 
plaint, and that I do not have any other documents in my power, possession, control or custody.  

6. I say that the above-mentioned pleading comprises of a total of ----- pages, each of which has been 

duly signed by me.  

7. I state that the Annexures hereto are true copies of the documents referred to and relied upon by me.  

8. I say that I am aware that for any false statement or concealment, I shall be liable for action taken 

against me under the law for the time being in force.  

Place:  

Date:  

DEPONENT  

VERIFICATION 

I,  ……………………….  do  hereby  declare  that  the  statements  made  above  are  true  to  my 

knowledge.  

Verified at [place] on this [date]  

[Vide the Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020, notification 
No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of 
Central Laws) Order, 2020, Notification No. S.O. 3774(E), dated (23-10-2020)]. 

DEPONENT.] 

335 

 
     
 
 
 
 
 
 
THE  SECOND  SCHEDULE.—[Arbitration.]  Rep.  by  the  Arbitration  Act,  1940  (10  of  1940),             

s. 49 (1) and the Third Sch. 

THE  THIRD  SCHEDULE.—[Execution  of  Decrees  by  Collectors.]  Rep  by  the  Code  of  Civil 

Procedure (Amendment) Act, 1956 (66 of 1956), s. 15. 

THE  FOURTH  SCHEDULE.—[Enactments  amended.]  Rep.  by  the  Repealing  and  Amending  Act, 

1952 (48 of 1952), s. 2 and the First Sch. 

THE  FIFTH  SCHEDULE.—[Enactments  repealed.]  Rep.  by  the  Second  Repealing  and  Amending 

Act, 1914 (17 of 1914). s. 3 and the Second Sch. 

336 

 
THE CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 1976 

ANNEXURE  

* 

     * 

(104 OF 1976) 

* 

CHAPTER V 
REPEAL AND SAVINGS 

* 

* 

97. Repeal and savings.—(1) Any amendment made, or any provision inserted in the principal Act by 
State  Legislature  or  a  High  Court  before  the  commencement  of  this  Act  shall  except  in  so  far  as  such 
amendment or provision is consistent with the provisions of the principal Act as amended by this Act, stand 
repealed. 

(2)  Notwithstanding  that  the  provisions  of  this  Act  have  come  into  force  or  the  repeal  under             

sub-section (1) has taken effect, and without prejudice to the generality of the provisions of section 6 of 
the General Clauses Act, 1897 (10 of 1897),— 

(a) the amendment made to clause (2) of section 2 of the principal Act  by section 3 of this Act 

shall  not  affect  any  appeal  against  the  determination  of  any  such  question  as  is  referred  to  in                
section 47 and every such appeal shall be dealt with as if the said section 3 had not come into force; 

(b) the provisions of section 20 of the principal Act, as amended by section 7 of this Act, shall not 
apply  to  or affect  any  suit pending  immediately  before  the  commencement  of  the  said  section; and 
every such suit shall be tried as if the said section 7 had not come into force; 

(c) the provisions of section 21 of the principal Act, as amended by section 8 of this Act, shall not 
apply to or affect any suit pending immediately before the commencement of the said section 8; and 
every such suit shall be tried as if the said section 8 had not come into force; 

(d) the provisions of section 25 of the principal Act, as substituted by section 11 of this Act, shall 
not apply to or affect any suit, appeal or other proceeding wherein any report has been made under 
the  provisions  of section  25  before  the  commencement  of the  said section  11;  and  every  such  suit, 
appeal or other proceeding shall be dealt with as if the said section11 had not come into force; 

(e) the provisions of section 34 of the principal Act, as amended by section 13 of this Act, shall not 
affect  the  rate  at  which  interest  may  be  allowed  on  a  decree  in  any  suit  instituted  before  the 
commencement  of  the  said  section  13  and  interest  on  a  decree  passed  in  such  suit  shall  be  ordered  in 
accordance  with  the  provisions  of  section  34  as  they  stood  before  the  commencement  of  the  said                
section 13 as if the said section 13 had not come into force; 

(f)  the provisions of section 35A of the principal Act, as amended by section 14 of this Act, shall 
not apply to or affect any proceedings for revision, pending immediately before the commencement of 
the said section 14 and every such proceedings shall be dealt with and disposed of as if the said section 
14 had not come into force; 

(g) the provisions of section 60 of the principal Act, as amended by section 23 of this Act, shall 

not apply to any attachment made before the commencement of the said section 23; 

(h) the amendment of section 80 of the principal Act by section 27 of this Act shall not apply to 
or affect any suit instituted before the commencement of the said section 27; and every such suit shall 
be dealt with as if section 80 had not been amended by the said section 27; 

(i) the provisions of section 82 of the principal Act, as amended by section 28 of this Act, shall not 
apply to or affect any decree passed against the Union of India or a State or, as the case may be, a public 
officer,  before  the  commencement  of  the  said  section  28  or  to  the  execution  of  any  such  decree;  and 
every such decree or execution shall be dealt with as if the said section 28 had not come into force; 

(j) the provisions of section 91 of the principal Act, as amended by section 30 of this Act, shall 
not apply to or affect any suit, appeal or proceeding instituted or filed before the commencement of 
the  said  section  30;  and  every  such  suit,  appeal  or  proceeding  shall  be  disposed  of  as  if  the  said 
section 30 had not come into force; 

337 

 
 
 
 
 
 
 
 
 
(k) the provisions of section 92 of the principal Act, as amended by section 31 of this Act, shall 
not apply to or affect any suit, appeal or proceeding instituted or filed before the commencement of 
the  said  section  31;  and  every  such  suit,  appeal  or  proceeding  shall  be  disposed  of  as  if  the  said 
section 31 had not come into force; 

(1) the provisions of section 96 of the principal Act, as amended by section 33 of this Act, shall not 
apply to or affect any appeal against the decree passed in any suit instituted before the commencement 
of the said section 33; and every such appeal shall be dealt with as if the said section 33 had not come 
into force; 

(m) the provisions of section 100 of the principal Act, as substituted by section 37 of this Act, 
shall not apply to or affect any appeal from an appellate decree or order which had been admitted; 
before the commencement of the said section 37, after hearing under rule 11 of Order XLI; and every 
such admitted appeal shall be dealt with as if the said section 37 had not come into force; 

(n) section 100A, as inserted in the principal Act, by section 38 of this Act, shall not apply to or 
affect  any  appeal  against  the  decision  of  a  single  Judge  of  a  High  Court  under  any  Letters  Patent 
which had been admitted before the commencement of the said section 38; and every such admitted 
appeal shall be disposed of as if the said section 38 had not come into force; 

(o) the amendment of section 115 of the principal Act, by section 43 of this Act, shall not apply 
to or affect any proceeding for revision which had been admitted, after preliminary hearing, before 
the commencement of the said section 43; and every such proceeding for revision shall be disposed 
of as if the said section 43 had not come into force; 

(p) the provisions of section 141 of the principal Act, as amended by section 47 of this Act, shall 
not apply to or affect any proceeding which is pending immediately before the commencement of the 
said section 47; and every such proceeding shall be dealt with as if the said section 47 had not come 
into force; 

(q) the  provisions  of  rules 31,  32,  48A,  57 to  59,  90 and  97 to  103  of  Order XXI  of  the  First 
Schedule as amended or, as the case may be, substituted or inserted by section 72 of this Act shall 
not apply to or affect— 

(i) any attachment subsisting immediately before the commencement of the said section 72, 

or 

(ii) any suit instituted before such commencement under rule 63 aforesaid to establish right 

to attached property or under rule 103 aforesaid to establish possession, or 

(iii) any proceeding to set aside the sale of any immovable property, 

and every such attachment, suit or proceeding shall be continued as if the said section 72 had not come 
into force; 

(r) the provisions of rule 4 of Order XXII of the First Schedule, as substituted by section 73 of this 

Act shall not apply to any order of abatement made before the commencement of the said section 73; 

(s)  the  amendment,  as  well  as  substitution  made  in  Order  XXIII  of  the  First  Schedule  by              

section 74 of this Act shall not apply to any suit or proceeding pending before the commencement of 
the said section 74; 

(t) the provisions of rules 5A and 5B of Order XXVII, as inserted by section 76 of this Act, shall 
not apply to any suit, pending immediately before the commencement of the said section 76; against 
the Government or any public officer; and every such suit shall be dealt with as if the said section 76 
had not come into force; 

(u) the provisions of rules 1A, 2A and 3 of Order XXVIIA, as inserted or substituted, as the case 
may be, by section 77 of this  Act shall not apply to or affect any suit which is pending before the 
commencement of the said section 77; 

338 

 
 
(v) rules 2A, 3A and 15 of Order XXXII of the First Schedule, as amended, or as the case may be, substituted 
by section 79 of this Act, shall not apply to a suit pending at the commencement of the said section 79 and every 
such suit shall be dealt with and disposed of as if the said section 79 had not come into force; 

(w) the provisions of Order XXXIII of the First Schedule, as amended by section 81 of this Act, shall not apply 
to or affect any suit or proceeding pending before the commencement of the said section 81 for permission to sue as 
a pauper; and every such suit or proceeding shall be dealt with and disposed of as if the said section 81 had not come 
into force; 

(x) the provisions of Order XXXVII of the First Schedule, as amended by section 84 of this Act, shall not 
apply to any suit pending before the commencement of the said section 84, and every such suit shall be dealt with 
and disposed of as if the said section 84 had not come into force; 

(y) the provisions of Order XXXIX of the First Schedule, as amended by section 86 of this Act, shall not 
apply  to or affect  any  injunction subsisting  immediately  before the  commencement of  the said section  86; and 
every  such  injunction  and  proceeding  for  dis-obedience  of  such  injunction  shall  be  dealt  with  as  if  the  said                
section 81 had not come into force; 

(z) the provisions of Order XLI of the First Schedule, as amended by section 87 of this Act, shall not apply to or 
affect any appeal pending immediately before the commencement of the said section 87; and every such appeal 
shall be disposed of as if the said section 87 had not come into force: 

(za) the provisions of Order XLII of the First Schedule, as amended by section 88 of this Act, shall not apply 
to or affect any appeal from an appellate decree or order which had been admitted, before the commencement of 
the said section 88 after hearing under rule 11 of Order XLI; and every such admitted appeal shall be dealt with as 
if the said section 88 had not come into force; 

(zb) the provisions of Order XLIII of the First Schedule, as amended by section 89 of this Act, shall not apply to 
any appeal against any order pending immediately before the commencement of the said section 89; and every such 
appeal shall be disposed of as if the said section 89 had not come into force; 

(3) Save as otherwise provided in sub-section (2), the provisions of the principal Act, as amended by this Act, 
shall apply to every suit, proceedings, appeal or application, pending at the commencement of this Act or instituted or 
filed after such commencement, notwithstanding the fact that the right, or cause of action, in pursuance of which such 
suit,  proceeding,  appeal  or  application  is  instituted  or  filed,  had  been  acquired  or  had  accrued  before  such 
commencement. 

* 

* 

* 

* 

339 

 
 
 
 
 
 
 
 
 
 
 
